5/6/03 Meeting Minutes, Town of Holly Springs

Town of Holly Springs

Board of Commissioners Regular Meeting

Tuesday, May 6, 2003

MINUTES

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, May 6, 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 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; 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; Alysia Bailey, town planner; Gina Bobber, director of planning and zoning; Eric Taylor, IT department; Heather Keefer, environmental inspector; Sarah Kennedy, parks and recreation office manager; Ricky Blackmon, director of code enforcement; and Luncie McNeil, public works director.

2 and 3. The pledge of allegiance was recited, and the meeting opened with an invocation by Rev. Horace Fergason, pastor of Holly Springs United Methodist Church.

4. Agenda Adjustment ‑ The May 6, 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 from Consent Agenda: None.

Other Changes: None.

5a. Kids Appreciation Day -Mayor Sears presented a proclamation to a group of youth and adult leaders representing the Kiwanis Club of Holly Springs and the Mayor’s Youth Advisory Board. The proclamation designates May 17, 2003 as “Kids Appreciation Day in Holly Springs.”

The mayor also announced an event being sponsored by the Kiwanis Club to show the children of this community its appreciation. An ice cream social will be held from 2 to 4 p.m. Saturday, May 17, 2003 at the Womble Park picnic shelter.

A small group of youngsters of the Kiwanis Club came forth and spoke a few words of appreciation to the Board members and audience.

5b. Month of May as Foster Care Month - Mayor Sears presented a proclamation designating May as “Foster Care Month in Holly Springs” to Ms. Stephanie Stubberfield representing foster parents in Wake County.

6. Public Hearing: Installment Financing Application Resolution 03-R-08 - Mr. Holland explained to the Board members that in order to borrow funds for its major transportation improvements projects -- the most complex of these improvements are the improvement of the Holly Springs Road and NC 55 intersection and the improvement of the Holly Springs Road and Sunset Lake Road intersection -- the Town must first obtain approval from the Local Government Commission. He said the first step in the application process is to hold a public hearing to receive comments from citizens on the question of whether or not the town should seek installment financing (as opposed to other financing).

Mr. Dean described the other road projects that would be provided by this financing: improvement of the intersection of Avent Ferry Road at Main Street; paving of Estes Lane; installation of sidewalk downtown; construction of the Stinson Avenue connections; widening of Holly Springs Road in portions and paving of parking lots at Womble Park.

Commissioner Schifano asked how installment financing is preferred over road bonds. Mr. Holland explained that the major benefit is the faster timetable. He noted that the interest rates received were very good and would be as good if not better than road bonds.

Commissioner VanFossen pointed out that the bonds might not sell since the bond market is so soft.

With that explanation completed, Mayor Sears opened the public hearing to accept input. The following comments were recorded:

Vinnie DeBenedetto, 4445 Lake Flowers Drive -- Mr. DeBenedetto spoke in favor of installment financing, but he asked what would trigger a bond referendum. While he stressed that he felt installment financing was the best means of funding these road projects, he said he would urge the Board to always be mindful to not incur debt that would cause an eventual tax rate increase.

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

Action: The Board approved a motion to adopt Resolution 03-08 making certain findings of fact, including that installment financing is more desirable than other types of financing, and authorizing the filing of an application to the Local Government Commission for approval of financing agreements to fund the Town’s transportation improvement projects.

Motion By: VanFossen

Second By: Tedder

Vote: Unanimous.

A copy of Resolution 03-08 is incorporated into these minutes as addendum pages.

7a. Holly Springs Soccer Club Presentation - Mr. Bob VonSprecken, representing the Holly Springs Soccer Club, explained that the club is a new non‑profit volunteer organization to be open to and controlled by the parents of Holly Springs member soccer players. The mission of the organization, he said, is to continue to develop the youth soccer program in Holly Springs.

The Club proposes that it would assume management of a non‑municipal recreational youth soccer program and that the Town would continue to provide and maintain fields and assist with communications. The Club proposes that it would provide volunteers to manage responsibility for all other program activities including training, registration, scheduling, uniforms, assigning referees etc.

Mr. VonSprecken reviewed with the Board members the background, organization chart and detailed proposal of the Holly Springs Soccer Club. He also reviewed a proposal of services that the Town would provide under his organization’s plan.

Mayor Sears suggested that the group’s information be shared with the Parks and Recreation Advisory Committee and Parks and Recreation staff for further review and recommendation to the Town Board at the next meeting.

Commissioner Schifano suggested that the Soccer Club work within the current municipal program.

Commissioner VanFossen said he was very concerned about the strain a larger program would have on the town’s existing fields and facilities.

Action: Deferred action until May 20, 2003 Town Board meeting for further research from staff and other advisory boards.

7b. Wake 2003 Ten-Year Comprehensive Solid Waste Management Plan -- Mr. Lowell Shaw of Wake County was to be on hand to explain to the Board members Wake County’s update of its 10‑Year Comprehensive Solid Waste Management Plan.

At this time, Mr. Shaw was not present, and Mayor Sears shifted this item to occur later in the agenda if and when Mr. Shaw arrives.

7c. Waste Industries FY 2003-04 proposal - Mr. Brent Kirchhoff of Waste Industries responded to the Town's request for price quotes for solid waste collection to include two different size carts: the standard 96‑gallon and a 48‑gallon cart for smaller households and/or those heavily involved in recycling.

Mr. Kirchhoff said that current monthly rates are $9.79 for garbage and $2.19 per bin for recycling collection.

He said Waste Industries proposes the following rates:

With a 5‑year agreement -- $10 for a 96‑gallon cart; $7 per 48‑gallon cart; and $2.38 per home (multiple bins would be at no cost) for recycling.

With a 3‑year agreement -- $10.20 for a 96‑gal. cart; $7.20 per 48‑gal. cart; and $2.38

for recycling.

With a 1‑year agreement -- Waste Industries would continue to provide the current

services at $10.28 for a 96‑gal. cart; and $2.38 for recycling.

Also, he said all the above rates are predicated on the company's transferring solid waste to outside Wake County. The fee for this service is $1.23 per household per month.

Waste Industries also provided price quotes for a bag system of collection; however, the Town Board had expressed a consensus that a bag system would not be desirable.

Mayor Sears explained that the Waste Industries rate presentation was for information only and would be among the considerations during the Board’s budget workshop.

In much discussion, ideas expressed included having only the 96-gallon containers and paring down the cost for everyone, not just those who opt to use the 48-gallon containers; promoting recycling through education; and establishing more centrally-located recycling igloos.

No action.

7d. FY 2003-04 Proposed Budget -- Mr. Dean distributed his recommended FY 2003‑04 Town budget for the Board's review. He said in order to accommodate the Town Board members questions and suggestions for revisions to the budget plan, a budget workshop should be scheduled.

In reviewing the highlights of his budget message, Mr. Dean said that the estimated revenues are based on a 97% collection rate with an approximate tax base of $967,203,090 and a tax rate of $.53 per $100 valuation.

State revenues, he said, are estimated based on the previous year’s collections and no inventory tax nor beer and wine tax collections are anticipated for next year.

Mr. Dean noted that the budget proposal does not reflect franchise fees collected from BFI as those fees will be collected and restricted outside the operating budget. He noted that no increase in garbage rates was figured (based on an average use since some customers may opt for the smaller collection can) and a 15-cent increase in recycling. Actual rates for these services, he said, would be set with the Board’s decision on a contract with Waste Industries.

Mr. Dean said that $480,380 was appropriated from Fund Balance to fund capital items and one-time costs. In Powell Bill funds, $70,000 was obligated from reserves to cover costs of additional funding for the ongoing Transportation Projects.

He added that the Utility Fund will contribute $375,000 to cover utility operating costs being paid from the General Fund.

Currently, the General Fund is balanced at $10,649,675 in revenues and expenditures.

Expenses coming from the General Fund would cover a 9.7% increase in employee health insurance, capital items, a total of nine (9) new staff positions, a contribution of $25,000 to the Holly Springs Chamber of Commerce, continuation of the street resurfacing program, projects and capital requests, and debt service.

The Utility Fund is currently balanced at $5,825,600 with revenues generated by water and sewer sales and Fund Balance to cover expenses related to capital improvements, operations and three new positions (construction inspector, a wastewater treatment plant technician and a public works technician).

The new positions included in the manager’s recommended budget are a receptionist, a town attorney, a public information officer, a customer service representative (part-time), administrative support assistant in the Public Safety office (half-year), a police officer, a public works technician, parks manager (partial-year) and a parks maintenance worker (partial-year).

The budget also includes a recommended 2% cost of living adjustment across the board, and funding is provided in each department for merit/performance pay in the amount of 3% of salaries.

The manager said his goal was to create a budget that would maintain and improve the Town’s services to citizens while controlling costs for those services.

He pointed out that staff feels it is important to have new residential developments absorb additional expenses for infrastructure rather than passing costs on to existing citizens. To that end, Mr. Dean said, his budget proposes increased transportation fees from $300 to $600; and increased water and sewer capacity charges by $500. These fees would go directly into reserve accounts for future improvements and would not be part of the operating budget, Mr. Dean noted.

Mr. Dean said staff had been instrumental in the development of the budget proposal and he feels everyone did a good job of attempting to control costs while providing the service levels expected by the Town Board and residents. He added that he would describe the budget plan as “very conservative.”

Mr. Chris Chappell of the Holly Springs Center for the Arts addressed the Board requesting that the Board consider financial support of the center in the upcoming budget. He presented the Board with a budget from the group’s operations last year and a projected budget for this year. The group received a grant last year, and a like amount of $5,000 has been included in the FY 2003-04 budget proposal.

Direction: The Board set a budget workshop for 6:30 p.m. Wednesday, May 14, 2003 at the W. E. Hunt Community Center, 301 Stinson Avenue, to review, discuss and give direction for the proposed FY 2003-04 budget.

At this time, Commissioner Schifano pointed out that the version of the inter-local agreement with the Town of Angier that is in the packet for approval on the Consent Agenda was an earlier version and needs to be replaced with the version that contains a date-specific term for the agreement. Mr. Blackmon agreed that the incorrect version was in the packets but that he had the corrected version to be executed.

8. Consent Agenda ‑All items on the Consent Agenda, including the correct version of the interlocal agreement with the Town of Angier, were approved following a motion by Commissioner Dickson, a second by Commissioner Atwell and a unanimous vote. The following actions were affected:

8a. Resolutions 03-10 and 03-11- The Board adopted Resolutions 03-10 and 03-11 approving financing terms and entering loan agreements with RBC Centura for not more than $1,020,000 and BB&T for more than $3,980,000 for the town’s transportation improvements projects. Copies of Resolutions 03-10 and 03-11 are incorporated into these minutes as addendum pages.

8b. Resolution 03-12 - The Board adopted Resolution 03-12, a reimbursement resolution, for any advance expenses paid for the town’s transportation improvement projects. A copy of Resolution 03-12 is incorporated into these minutes as an addendum page.

8c. Resolution 03-13 and Related Budget Amendment -- The Board adopted Resolution 03-13 to accept grant funds for the Public Safety Department for the purchase of traffic safety equipment and adopted the related budget amendment assigning the funds in the budget. A copy of Resolution 03-13 and the budget amendment are incorporated into these minutes as addendum pages.

8d. Resolution 03-14 - The Board adopted Resolution 03-14 designating compliance with the Town of Holly Springs Water Conservation season schedule May 1 thought Sept. 30 as voluntary. A copy of Resolution 03-14 is incorporated into these minutes as addendum pages.

8e. Sprint Contract - The Board approved contract with Sprint to install fiber-optic cable to the W. E. Hunt Community Center. A copy of the Sprint contract is incorporated into these minutes as addendum pages.

8f. Resolution 03-16- The Board adopted Resolution 03-16 to direct the Town Clerk to investigate the sufficiency of annexation petition A03-02 and to fix a public hearing date of May 20, 2003. A copy of Resolution 03-16 is incorporated into these minutes as addendum pages.

8g. Budget Amendment: $11,225 -The board adopted budget amendments to the FY 2002‑03 budget in the amount of $11,225 to receive insurance proceeds for stolen items and property damage during the recent Town Hall break-in. Copies of the budget amendments are incorporated into these minutes as addendum pages.

8h. Budget Amendment: $74,000 - The board adopted budget amendments to the FY 2002‑03 budget in the amount of $74,000 to transfer grant funds received from NC DOT from the General Fund Projects to the Street Project Fund for NC 55 Bypass landscaping. Copies of the budget amendments are incorporated into these minutes as addendum pages.

8i. Budget Amendment: $52,200 - The board adopted budget amendments to the FY 2002‑03 budget in the amount of $52,200 to allocate savings from current year Debt Services funds to cover refinancing debt costs of $56,341.50 with BB&T. Copies of the budget amendments are incorporated into these minutes as addendum pages.

8j. Town Hall Project Change Order - The board approved a change order to the Town Hall construction contract to cover Department of Insurance-mandated work as follows: CR#16R2: Changes as outlined in revised drawings A101, A102, A301, A302, A301, M101, M201, M202, dated 8/23/02; A402, P201, M302, E3-1 dated 5/30/02; S104, S401, dated 6/3/02; E302 dated 8/28/02 and BD-A003, Bd-A004 dated 10/9/02. Total trade summary $54,691.00 plus Duke Construction 7.5% OH/P $4,101.83 totals to $58,792.83. A copy of Change Order #16R2 is incorporated into these minutes as addendum pages.

8k. World Changers Partnership for Community Improvements - The Board approved a community improvement project proposed in partnership with World Changers.

8l. Minutes - The Minutes of the Board’s regular meetings held on March 18 and April 1, 2003 were approved.

8m. Clean Water Management Trust Fund Grant Application - The Board entered a professional services agreement for preparation of a Clean Water Management Trust Fund grant application. A copy of the professional services agreement is incorporated into these minutes as addendum pages.

8n. Angier Inter-local Agreement for Inspection Services - The Board entered an inter-local agreement with the Town of Angier to provide inspection services to Angier. A copy of the final-version agreement will be filed in the Town Clerk’s Office upon approval of the Angier Town Board of Commissioners.

9a. Rosewood Centre, 03-MAS-02 - Ms. Bailey said the applicant proposes a master subdivision plan for an incremental non‑residential subdivision called Rosewood Centre that would replace all previously-approved plans for the subject property. The purpose of the incremental non‑residential subdivision is to provide the developer with an opportunity to have a large-scale project reviewed and approved, providing assurances that as the development is constructed, the overall concept and scheme would not be modified.

Once the master plan is approved, each phase must be submitted for development plan review and approval, Ms. Bailey said.

Ms. Bailey said the plan proposes to have a maximum of 25 lots with a minimum lot size of 0.75 acres. The total land area of the proposed subdivision is approximately 22 acres, which is located west of Hwy. 55 across from Arbor Creek subdivision.

The Towns’ 10-Year Comprehensive Growth Plan shows this area immediately south of a Neighborhood Village District activity node, and the surrounding area is designated as moderate density residential (2 to 5 units/acre). She said that although the site is not consistent with the Comprehensive Growth Plan, the proposed project is consistent with the zoning designation

Ms. Bailey said the UDO has a requirement that open space in the amount of not less than 200 square feet or 2% of the gross primary building area, whichever is greater, be reserved within the integrated center to encourage pedestrian-friendly, human-scale development. The location of the required open space would be finalized during development plan review.

She reported that water and sewer exist adjacent to the site, and the developer would extend both utilities throughout the subdivision. She said the sites that would be developed within this subdivision would be subject to a fee‑in‑lieu of a downstream pump station upgrade.

Ms. Bailey reported that staff and the Planning Board recommend approval with conditions.

Action: The Board approved a motion to the master subdivision plan for Rosewood Centre, 03‑MAS‑02 as submitted by Spaulding & Norris, PA, with the following five (5) conditions:

1. All previously approved plans and agreements for the previously approved Rosewood Centre will be null and void upon approval of this plan by the Town Board of Commissioners.

2. The open space requirement imposed by the UDO will be fulfilled during development plan review.

3. A new master signage plan must be provided within 30 calendar days of plan approval that provides specific information on how the determination of sign compatibility will be made and does not exceed the allowed number of signs and sign placement. If this revised plan is not received, the Rosewood Centre plans will be deemed null and void.

4. Sign applications must be submitted to and approved by the Department of Planning & Zoning prior to the installation of any signage‑ temporary or permanent.

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

*A TIA may be required of individual sites as they develop,

*Sites developing within this subdivision will be subject to a downstream pump station upgrade.

Motion By: Tedder

Second By: Dickson

Vote: Unanimous.

9b. New Project Engineer Position - Mr. Dean said to address concerns raised at the 2003 Winter Retreat to reduce out-sourcing for engineering services, he would recommend creation of a project engineer position. The position would be dedicated almost exclusively to municipal project management and project design, and all related functions and duties.

Action: The Board approved a motion to approve the new project engineer position with a salary Grade of 29 and a hiring rate sufficient to hire a certified professional engineer.

Motion By: Tedder

Second By: Atwell

Vote: Unanimous

A copy of the Project Engineer job description is incorporated into these minutes as an addendum page.

9c. GPS/GIS Policy Statement #P-19 - Mrs. Thompson said that last year W. K. Dickson was awarded the contract to locate the existing water and sewer infrastructure and establish a GIS database. She said W. K. Dickson has collected the number of water and sewer structures that were written in the contract and will be presenting the collected information and how the database can be used today. A representative of W.K. Dickson gave a power point presentation on the GPS/GIS describing the steps of developing the database and current monument locations within the town and as the town grows the database would be updated. Mrs. Thompson discussed policy statement #P-19 that addresses the procedures for updating of the GIS database.

Action: The Board approved a motion to adopt Town Policy Statement #P-19, GPS Utility Database Maintenance policy.

Motion By: VanFossen

Second By: Schifano

Vote: Unanimous.

A copy of Town Policy Statement #P-19, GPS Utility Database Maintenance policy, is incorporated into these minutes as addendum pages.

9d. Bibleway Court Right-of-Way Condemnation Resolution 03-15 - Mrs. Thompson explained the Board that the acquisition agent from Carolina Land Acquisition has obtained 6 of the 10 signatures needed to proceed with the construction of Bibleway Court. She said that several attempts have been made to negotiate with these property owners and these remaining two property owners have refused both the offer amount for the property being acquired and free water and sewer taps. In order to remain on schedule for the construction of the roadway, water and sewer infrastructure the town must begin condemnation procedures.

Action: The Board approved a motion to adopt Resolution 03-15 authorizing right of way condemnation on Bibleway Court.

Motion By: Schifano

Second By: Dickson

Vote: Unanimous.

A copy of Resolution 03-15 is incorporated into these minutes as an addendum page.

9e. Windward Pointe Drainage Basin Study - Ms. Thompson explained that on March 5, 2002 the Town Board awarded Sungate Design Group a contract to conduct a drainage study in the drainage basin upstream of Windward Pointe Subdivision. Ms. Thompson said Mr. Musser from Sungate Design Group provided a preliminary presentation to the Town Board in Novemeber of 2002 and the study is now completed. She said in addition, the town has received citizen comments from the March 25, 2003 meeting and a individual report that was provided for the Carroll site.

Ms. Thompson said that based on the conclusions of the final report staff recommends:

1) Consistently apply the recently approved drainage basin model policy statement;

2) Explore the ability of the Town to consider impact to downstream drainage systems at the time of a request for rezoning of any property within the selected basins;

3) Educate citizens on the importance of maintaining the natural drainage ways and not encroaching into these critical drainage ways with any additional structures. The engineering staff would accomplish this by providing a mailing of Town Board action and any information available to the property owners with respect to home improvements; and

4) Use Jones Park as a very beneficial storage area for downstream properties. Engineering staff recommends at a minimum maintaining the current plan and in the future enhancing the storage capability, if possible. On the basis that there is no flooding of existing habitable floors (1 ft above the flood plain – per the previous version of the Flood Plain Ordinance) staff doesn’t recommend undertaking any infrastructure improvements in this area.

Commissioners asked if the report provides any information about how to relieve high-water problems on Guadalupe and the property owned by Mike Carroll.

Staff responded that the report provides suggestions for improvements at the Carroll site and along Guadalupe, but that nothing could completely eliminate water brought to these sites that are partially or completely in or near the flood plain. Ms. Sudano said she and staff would meet with Mr. Carroll to reiterate what they have him advised him in the past that larger drainage pipes would improve the conditions on his site, if he can secure the necessary permits.

Ms. Thompson stressed that the report basically assures that the Town can make some moves that will protect downstream

Action: The Board approved a motion to follow staff’s recommendation.

Motion By: Tedder

Second By: VanFossen

Vote: Unanimous.

9f. Sunset Lake Road and Holly Springs Road Intersection Design Services - Ms. Thompson said that as reported at the April 1, 2003 Town Board meeting, in an effort to secure a consultant for the design component of the intersection project, staff orchestrated a consultant selection committee to interview and recommend a consultant based on qualifications. Ms. Thompson said that staff felt it pertinent to select engineering professionals that had similar experience with other projects of similar magnitude and schedule constraints. The committee members were Ed Johnson, PE, City of Raleigh Transportation, Billy Lee, PE, Town of Fuquay‑Varina outsourced engineer, Stephanie Sudano, PE, Director of Engineering, and Kendra Thompson, EI, Senior Engineer. Phil Stout with Wake County, David Wasserman from NCDOT Statewide Planning and Chris Haire, PE with NCDOT Design Services were also invited but due to their busy schedules and the Town’s short time frame to begin interviews they were not able to attend the interviews. The towns’ staff spoke with several municipalities and asked for the top firms that have handled projects of similar magnitude. A list of four candidate firms was developed from those recommended firms. Mrs. Thompson said the interviews were held and a recommendation was made by the committee based on a "rank and reveal" method. She said in accordance with the newly developed consultant selection policy statement the recommendation from the committee was to enter into negotiations with Barbara H. Mulkey Engineering, Inc. Mrs. Thompson said that staff met with Barbara Mulkey's design group to review the proposed scope of the project.

Action: The Board approved a motion to approve to enter a professional services agreement with Barbara H. Mulkey Engineering, Inc. in the amount not to exceed $310,295.00 for design of Sunset Lake Road and Holly Springs Road intersection.

Motion By: VanFossen

Second By: Dickson

Vote: Unanimous.

A copy of the Barbara H. Mulkey Engineering, Inc. professional services agreement is incorporated into these minutes as addendum pages.

9g. Ballentine Street Alignment - Mrs. Thompson explained that last year the Town Board awarded CH Engineering a contract for the professional services of preliminary surveying, mapping, and engineering functional design services for Phase 2‑proposed extension of Ballentine Street from Irving Parkway to New Hill Road. There are many components that factor into the base alignment. Mrs. Thompson said that in this area there are two tributaries of Utley Creek which are in the Cape Fear watershed, a severe grade change, and a posted speed of 45 mph. She said a preliminary alignment that utilizes current dedicated right of way from G&G Properties and the Holland Company, minimizes impact to the two tributaries, and maintains a desirable speed limit throughout the project has been presented to you for endorsement. Mrs. Thompson said the next step, after endorsement of the project is to secure right of way dedication of the entire roadway alignment from where Ballentine currently ends to New Hill Road. The Town already has commitments from landowners to dedicate the right of way along 60 to 70% of the corridor.

Action: The Board approved a motion to approve a the proposed alignment of Ballentine Street alignment from Irving Parkway to New Hill Road.

Motion By: Schifano

Second By: Atwell

Vote: Unanimous.

At this time, the Board revisited the Wake County Solid Waste Management Plan Update. Mr. Shaw was not present [and the next day reported that he was not aware of the meeting] but had said in the report that the purpose of the plan is to protect public health, provide for improved solid waste management, better utilize natural resources, control the cost of solid waste management and make a good faith effort to achieve the State’s 40% municipal waste reduction goal.

Mr. McNeil said that in the past, the Town Board of Holly Springs has opted to not endorse the plan because of its inclusion of the Wake South Landfill as a disposal site. He said that this was particularly important to some Board members because tacet approval of the landfill may have been construed by Wake County and used against the Town in court. The legal front is finished, but if the Board is still of this mind, an alternate Resolution 03‑09 denying approval of the Wake County Solid Waste Management 3‑year update was provided for board consideration.

In discussion, the Board decided that it would be appropriate to adopt the resolution, contingent upon the adding of verbiage to emphasize Page 4-11 of the plan update and to stress that the Town of Holly Springs is opposed to hosting another landfill.

Action: The Board a motion to adopt Resolution 03-09 approving Wake County’s 2003 Solid Waste Management Plan update with wording amendments to emphasize Page 4-11 of the report and stressing that the Town of Holly Springs is opposed to hosting another landfill.

Motion By: Tedder

Second By: Atwell

Vote: Unanimous

A copy of Resolution 03-09 as amended is incorporated into these minutes as addendum pages.

10. 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: None.

11. Other Business: Commissioner Dickson reported on the Football and Cheerleaders Booster Club.

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.

12. Manager’s Reports – Mr. Dean reported that Jennifer Mizelle’s mother passed away on Monday May 5, the town will be sending flowers. Also, Mr. Dean reported that some administrative staff would be moving into the new town hall in the middle of June.

13. Closed Session - The Board approved a motion to enter Closed Session, pursuant to G.S. 143-318.11(a)(4), to discuss matters with the Town Attorney relating to a prospective new industry; pursuant to G.S.143-318.11(a)(3), to discuss a matter protected by the attorney-client privilege, and G. S. 143-318.11(a)(6), to discuss the town manager’s performance evaluation.

Motion: Schifano

Second: Atwell

Vote: Unanimous

General Account Closed Session – May 6, 2003