Town of Holly Springs

Board of Commissioners Regular Meeting

Tuesday, January 7, 2003

MINUTES

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, January 7, 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, John Schifano Peter Atwell, 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; Gina Bobber, director of planning and zoning; Len Bradley, parks and recreation director; Drew Holland, finance director; Kendra Thompson, senior engineer; Stephanie L. Sudano, director of engineering; Jennifer Mizelle, director of economic development; Alysia Bailey, town planner; and Cecil Parker, director of public safety.

2 and 3. The pledge of allegiance was recited, and the meeting opened with an invocation by Rev. Glen Lee of Church Alive.

4. Agenda Adjustment ‑ The January 7, 2003 meeting agenda was adopted with changes, as listed below.

Motion By: Dickson

Second By: Atwell

Vote: Unanimous.

Items Added to the Agenda: Under public hearings, further continuation of a public hearing on the Sunset Park PUD application until Feb. 4 was added; adoption of a budget amendment to move $336,444.60 in designated fund balance to the BFI Franchise Fee reserve fund was added to Other Business; and consideration to purchase a surplus ambulance from the Town of Fuquay-Varina was added under Other Business.

Agenda Items Removed: None.

Other Changes: None.

5. South Conference Champions, Holly Springs Yellow Jackets - Mr. Bradley introduced Yellow Jackets head coach Dennis Renfroe to accept Mayor Sears’ proclamation congratulating the Holly Springs Yellow Jackets for winning the South Conference championship of the East Wake Football League. The Mayor also presented copies of the proclamation to members of the team and recognized assistant coaches of the team.

6a. Public Hearing: Small Cities CDBG Scattered Site 2003 - Mrs. Mizelle explained to the Board that the Town of Holly Springs is eligible to receive $100,000 to perform housing rehabilitation work under the CDBG Scattered Site Program. This public hearing is the first of two hearings that are part of the application process to help determine the scope of the project, to address the greatest needs and return of benefits to the Town of Holly Springs for this funding, Mrs. Mizelle explained. This program would be the same as the Scattered Site project the Town completed in 2002, where $250,000 was used to rehabilitate four homes and replace one other.

With that explanation completed, Mayor Sears opened the public hearing to accept input. The following comments were recorded: None.

There being no comments, the public hearing was closed.

Commissioner Schifano asked what method would be used to select housing projects. Mrs. Mizelle said she has a list of those in need, the program will be advertised and staff would do a windshield survey. She said because only about three homes can be rehabilitated, the Town would seek to assist residents who are in the most critical need, especially the elderly or the disabled.

Commissioner Schifano asked if the Scattered Sites program could be integrated into a Habitat for Humanity program so that the funding could do the most good. Mrs. Mizelle said she would check into the options.

Commissioner Dickson suggested that, during the selection process, priority be given to properties located on the Town’s more visible thoroughfares.

Action: None.

6b. Public Hearing: BFI - Mr. Dean highlighted the proposed terms of the BFI Franchise Agreement amendments: that the agreement be amended to allow operation of Holly Springs Disposal through Dec. 31, 2005 rather than April 30, 2003. The Town would receive $2.25 per ton for the duration of the extended franchise period (approximate value of $567,000); the Town would receive free yard waste disposal privileges for up to 600 tons per year, with a 15% increase per year (approximate value of $50,000 for the 2 ½ years); for anything above 600 tons, the Town would be charged $30.80 per ton; and BFI would accept all construction and demolition debris from the Town at a cost of $12 per ton.

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

Rick Prather, BFI – Mr. Prather, representing BFI, spoke in favor of the agreement amendment. He explained that the company is asking for the extension of time it needs to continue to fill the cells as described in the existing franchise agreement. He said the company is not requesting an expansion of the facility, simply an extension of time.

John Allen, 612 Oak Hall Drive – Mr. Allen spoke in opposition to the agreement amendment. His position is that there are too many landfills in Holly Springs; he is concerned about truck traffic; he is concerned that Wake County commissioners, following the reissuance of its permit for South Wake Landfill, may get the impression that landfilling in Holly Springs is acceptable as long as the Town is paid.

Lesli Doares, 316 Elm Avenue – Mrs. Doares spoke in opposition to the agreement amendment. She is concerned about the message it would send in light of the South Wake Landfill matter. She asked if the Town did grant the extension, that funds be used to fight the South Wake Landfill permit and that other funds be used for targeted projects.

Van Crandall, 4813 Salem Ridge Road – Mr. Crandall suggested the Town get into the business of recycling construction and demolition debris by purchasing a tub grinder and working in partnership with BFI.

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

Mayor Sears said the Town remains committed to fighting the South Wake Landfill.

Commissioner Atwell asked, for clarification, if the Griffin Brothers agreement with Apex could be worked out similarly in Holly Springs, thus eliminating the need to extend the timeframe of BFI’s operation. Griffin Brothers provides unlimited free yard waste disposal to the Town of Apex in exchange for water and sewer service. The competing landfill also provides two days a year for free residential deposits and free landscaping woodchips to residents.

Mr. Dean said the email message he received from a company spokesman indicated that Griffin Brothers would be amenable to forming a service contract with the Town of Holly Springs; however, Holly Springs would not be in the position to offer the company water and sewer service, so it is unkown what the terms of the agreement would be.

Commissioner Atwell said the issue, to him, comes down to impact. The impact of extending the franchise agreement beyond its current cut-off date is truck traffic and the perception of having a landfill in town, he said. Truck traffic, even on Bypass, concerns him.

Commissioner Schifano is opposed to the requested extension. He feels the best thing for Holly Springs would be a “closed landfill.” He said he feels the residents of New Hill Road have been impacted by the truck traffic for several years and that it needs to come to an end. He said it is a quality of life issue for him, and he would like to see the landfill closed.

Commissioner Tedder said he is looking at the potential revenue a little differently than others. He said he feels the BFI host fee is a positive revenue stream for the Town. He added that he supports the construction industry in Holly Springs, which depends on the BFI facility. He pointed out that BFI/Holly Springs Disposal has been a good corporate neighbor to the Town and that he does not have a problem with continued operations at the site. He said he would feel differently if BFI were requesting an extension of its footprint, but since the company is only requesting an extension of time to complete its original closure capacity, he would support the request.

Commissioner VanFossen addressed the truck traffic issue. He said the impact of truck traffic on a four-lane highway would not be nearly as critical as it is on a two-lane roadway. He said he feels the Town could use the revenue stream, especially for a library and a cultural arts center. He said he did not feel Wake County would receive a negative message from any action the Town takes regarding the construction and demolition landfill since a C&D landfill and a sanitary landfill are not even close in comparison.

Commissioner Dickson said he would support the request because of the revenue stream, especially in light of state budget cuts. He noted that the host fees are not the best way to make money for the Town, but Holly Springs has lived with the BFI facility for a number of years and that the Town may as well get some benefit from it. He stressed his position that the BFI site is an existing facility and not a new or additional landfill. He said he would be opposed to it if it were new.

Mayor Sears said he recognized the strong emotions and opinions and suggested that the proposal might be a bit more palatable if some of the funding provided by BFI host fees could be used to pay for legal expenses the Town incurs in continuing its protest of the South Wake Landfill.

Action: The Mayor held a second reading: “An Ordinance to amend a nonexclusive Franchise to BFI Waste Systems of North America, Inc., a Delaware corporation (hereinafter referred to as the “Grantee”) to own, operate and maintain a construction and demolition landfill (the “Landfill”), as defined herein, setting forth conditions accompanying the grant of Franchise, providing for the regulation and use of the Landfill, and defining the term and the effective date thereof,” and the Board approved a motion to approve the second reading and to adopt Ordinance 02-17 amending the franchise agreement.

Motion By: Tedder

Second By: VanFossen

Vote: The motion carried, 3-2. Commissioners Dickson, VanFossen and Tedder voted in favor. Commissioners Atwell and Schifano voted against.

A copy of Ordinance 02-17 and the amended BFI agreement are incorporated into these minutes as addendum pages.

6c. Sunset Park PUD – During agenda adjustment, the Board approved a motion to continue this public hearing (which was continued to Jan. 7 from December) until Feb. 4, 2003.

7a. Annexation Petition A02-09 - Action on this item was deferred at the request of the petitioner.

7b. Land Contribution to Wake County for Proposed Library - Mr. Dean explained to the Board that several months ago, it was agreed by the Board that the Town would provide the 7‑acre Holly Springs Park property located on Ballentine Street to Wake County as a site for a library. This summer, the County released its master plan for library development, and Holly Springs was one of three municipalities listed as top priorities. It is recommended that Holly Springs do all within its’ power to encourage Wake County to give Holly Springs is primary attention, Mr. Dean said, adding that providing a suitable site and offering to complete needed infrastructure improvements would be good moves in that direction.

Mr. Dean said he recommends that the Town Board include a "reversion clause" that would give ownership of the land back to the Town should a library not be placed on the site.

Mrs. Mizelle reported to the Board that she has been advised that several of the towns in the top running for a new public library are pursuing the project aggressively and that Holly Springs should as well in order to stay in the top consideration.

Commissioner Schifano asked how much time should the Town provide in its reversion clause. Commissioner VanFossen said a time limit might not be too important if the Town drafted the deed transfer in such a way that the Town would be allowed to begin construction of a cultural arts center on the property, regardless of when a library for the property is scheduled.

Action: The Board approved a motion to direct the Town Attorney to prepare legal documents for review that would begin the process to transfer ownership of the Town‑owned property on Ballentine Street to Wake County for the purpose of establishing a public library and cultural arts center and that the deed transfer documents include a "reversion clause" that would give ownership of the land back to the Town should a library not be placed on the site and assurances that the Town would retain the right to construct a cultural arts center on the property at any time.

Motion By: VanFossen

Second By: Schifano

Vote: Unanimous

8. Consent Agenda ‑All items on the Consent Agenda were approved following a motion by Commissioner Dickson, a second by Commissioner VanFossen and a unanimous vote. The following actions were affected:

8a. Budget Amendment $2,500 -The board adopted a budget amendment to the FY 2002‑03 budget in the amount of $2,500 to receive grant funds from North Carolina League of Municipalities to cover costs of the Employee Assistance Program. A copy of the budget amendment is incorporated into these minutes as an addendum page.

8b. 2003 Calendar of Regular Board Meetings - The Board adopted the 2003 calendar of regular Board of Commissioners meeting schedule. A copy of the 2003 Calendar of regular Board meetings is incorporated into these minutes as an addendum page.

8c. Resolution 03-01, FEMA - The Board adopted Resolution 03-01 authorizing staff agents in FEMA reimbursements for the December 2002 winter ice storm. A copy of Resolution 03-01 is incorporated into these minutes as an addendum page.

9a. Recreation Advisory Committee Appointments - Ms. Patty Glembocki, chairperson of the Holly Springs Recreation Committee, addressed the Board to recommend Mark Phelps to fill the vacant position on the committee for a three‑year term.

Commissioner Schifano asked how word of the vacancy was spread. Mrs. Glembocki reported that the committee had advertised in the newspaper, on the Town’s website, and in the HURRAHS newsletter. Only one applicant responded, but he his a very qualified applicant, she said.

Commissioner Dickson, an ex officio member of the Parks and Recreation Advisory Committee, said the committee tried very hard to advertise. He noted, however, that Mr. Phelps was the only applicant. Fortunately he had an extremely impressive application, Commissioner Dickson said.

Action: The Board approved a motion to appoint Mark Phelps of 4705 Greenpoint Lane to the Holly Springs Recreation Advisory Committee for a three-year term expiring December 2006.

Motion By: Dickson

Second By: Tedder

Vote: Unanimous.

9b. Town Board 2003 Legislative Agenda - Mr. Dean explained that each year, the North Carolina League of Municipalities works to support member cities with their legislative issues. As the new year begins, NCLM requests that the governing bodies of member cities provide a list of issues, topics and potential legislation that could need NCLM support during the upcoming legislative sessions.

Mr. Dean said that statewide, towns and cities are expected to request legislation to protect municipal revenues from being withheld by the State in times of budget shortfalls. From a Holly Springs perspective, the Town could seek tree legislation and transportation impact fee legislation. He also noted that the Town should also consider submitting local bills to update the Town's charter and to annex by legislation several "holes" in the Town's jurisdiction.

Commissioner Schifano suggested that the Town seek legislation allowing collection of franchise fees from satellite television companies. He pointed out that it seems unfair that satellite television does not have to pay franchise fees like cable television companies do.

The Town Attorney suggested submitting a proposed statutory change regarding condemnation that actually results in a higher property value.

Mayor Sears suggested that the Town seek discretionary funds for the repair of the bridge on Lockley Road.

Commissioners directed that the Town’s Legislative Agenda receive more in-depth discussion at the Board’s 2003 Winter Retreat Jan. 31-Feb. 2 in New Bern.

Action: None

9c. Transportation CIP Priority List Revision - Mrs. Sudano said that at the first meeting in December, the Town Board made a request to amend the capital improvement projects priority list to include road widening of Holly Springs Road from Johnson Street to the Holly Springs Crossing Shopping Center.

Mrs. Sudano said since that time, there have been conversations with the Director of Wake County Facilities Design and Construction regarding the Town's pending request for a library. He mentioned that a firm commitment by the Town for constructing the roadway to serve the library, in addition to other items discussed between County and Holly Springs staff (including property dedication and participation in architectural and design services for the library) would help the Town in achieving its goal of a library.

Mrs. Sudano said that staff recommends that the Town Board amend the CIP to reflect widening of Holly Springs Road from Johnson Street to Holly Springs Crossing Shopping Center and to construct Ballentine Street through the park in the 24-month budget time frame. Then the CIP can be used by the Town Manager to support the library request, she added.

Action: The Board approved a motion to approve amendments to the Transportation CIP priority list to include the widening of Holly Springs Road from Johnson Street to Holly Springs Crossing Shopping Center within the 18-month budget time frame and construction of Ballentine Street through Holly Springs Park in the 24-month budget time frame.

Motion By: Tedder

Second By: Atwell

Vote: Unanimous.

9d. Holly Springs Road Improvements: Johnson Street to Holly Springs Crossings - Mrs. Thompson explained to the Board members that in order to move forward with Holly Springs Road improvements from Johnson Street to Holly Springs Crossing Shopping Center within the 18-month time frame, the surveying, construction design, and right of way platting maps need to be completed.

Mrs. Thompson recommended the Town enter a professional services agreement with CH Engineering to begin Phase 1 of the proposal and adopt a budget amendment in the amount of $18,500 (which includes a 10% contingency) to fund the work.

Mrs. Thompson said the proposal would complete the necessary work up to the construction portion of the project.

Also, included in the proposal is design of a 12-inch water line extension from the shopping center to the elevated storage tank located behind Holly Springs Elementary School. This segment of waterline is necessary in order to close the waterline network system in that area and should be undertaken in conjunction with the roadway widening, Mrs. Thompson noted.

Commissioner Schifano asked if there was any way to adopt an ordinance that would require the Town to seek bids for professional services anticipated to cost over a certain amount.

The Town Attorney explained that the General Statute requires selection of professional firms based solely on qualifications and then negotiate a price, unless the Town adopts a resolution exempting a project from the state law in advance of seeking cost estimates.

Mrs. Sudano said the Town has been handling the situation by informally interviewing firms with which the Town has experience and knowledge of certain expertise. She said the Town Board could direct staff to draft a policy that would make the selection process more formal.

Commissioner Schifano said he felt there should be some certainty that the Town is getting the most qualified contractor at the best price.

Mrs. Sudano pointed out that the Town can and has adopted exemption resolutions, but that this option has to be done on a case-by-case basis by law.

Action: The Board approved a motion to enter a professional services Phase 1 agreement with CH Engineering for Holly Springs Road improvements from Johnson Street to Holly Springs Crossing Center surveying, construction design and right-of-way platting maps and design of a 12-inch waterline extension, in the amount of $18,500 and to adopt a budget amendment covering the cost from street reserve funds.

Motion By: Tedder

Second By: VanFossen

Vote: Unanimous

Copies of the CH Engineering professional service agreement and the associated budget amendment are incorporated into these minutes as addendum pages.

9e. Traffic Analysis: Kimley-Horne & Associates - Mrs. Thompson said that at the first Town Board meeting in December the Board voted to include the Sunset Lake Road and Holly Springs Road intersection as a project in the Town's Transportation Improvement Plan, scheduled for construction within the next 24 month. Mrs. Thompson said currently three quadrants of the intersection are in the preliminary stages of development, with some decisions regarding access and initial turn lane requirements (for opening of the businesses) pending completion of a traffic impact analysis.

In addition, in order for the functional design of the intersection to be started, a completed traffic impact analysis is needed and once that is complete a design proposal will be forthcoming at the next Board meeting for consideration.

Mrs. Thompson recommended that the Town approve a proposal from Kimley‑Horne and Associates to conduct a traffic impact study in the amount $17,000 with a 10% contingency included and adopt an associated budget amendment cover the cost from street reserves.

Mrs. Thompson said that three developments will be reimbursing the Town for approximately 75% of the study (reimbursement amounts to be based upon percent of traffic generation, with the exception of only a $1,000 contribution from Express Food and Fuel, per Town Board approval).

Action: The Board approved a motion to enter a professional services agreement with Kimley-Horne & Associates to conduct a traffic study for the intersection of Sunset Lake Road and Holly Springs Road in the amount $17,000, including a 10% contingency, and adopted a budget amendment to cover the cost of the work from street reserves.

Motion By: Tedder

Second By: VanFossen

Vote: Unanimous

Copies of the Kimley-Horne & Associates professional service agreement and budget amendment are incorporated into these minutes as addendum pages.

9f. Amend NC55/Holly Springs Road Intersection Project to Extend Sidewalk - Mrs. Thompson said that the current intersection plan includes widening, curb and gutter, and sidewalk westward along New Hill Road in front of both the Eckerd and Walgreen's properties. At the western corner of the Eckerd's property, the roadway improvements begin to taper back into the existing two lane approach to minimize impact on the house adjacent to the Eckerd site, with no sidewalk improvements being proposed at this location under the current plan.

Staff was contacted by Wake County Housing Opportunities (a property owner further along New Hill Road from whom the Town also needs right of way dedication) which expressed the need of extending the sidewalk to the Dorothy Nixon Allen Manor for the residents. Many of the residents are unable to cross the heavily traveled portion of New Hill Road to get to the sidewalk that will be located on the north side of New Hill Road, Mrs. Thompson explained.

Wake County Housing Opportunities offered to dedicate the right of way in front of its property if a sidewalk could be installed on the south side of New Hill Road.

Mrs. Thompson said the total cost for design and construction of this additional work is $14,500 (plus whatever additional costs will be associated with obtaining a permanent as opposed to a temporary easement from the property next to Eckerd).

Staff recommends approval to add the additional sidewalk to the intersection project. If staff is directed to move forward with adding this to the project, staff would present a design proposal amendment covering the additional surveying and design services at the next Town Board meeting.

Action: The Board approved a motion to amend the NC 55 and Holly Springs Raod Intersection Project to add additional sidewalk along the south side of New Hill Road from Eckerd to the Dorothy Nixon Allen Manor.

Motion By: Schifano

Second By: VanFossen

Vote: Unanimous

9g. Town Hall/Mims Parking Lot Surveying Agreement - Mrs. Thompson said the construction of the Mims Town Square and the Town Hall projects include shared parking lot improvements. The Town Manager has directed staff to proceed with soliciting informal proposals for the Town's portion of the work, she reported. Staff is in pursuit of three proposals to do the construction work, which would be brought before the Board at a future Board meeting.

Mrs. Thompson said obtaining positive drainage within the proposed parking lot will be a challenge and staff feels that since there may be two different contractors constructing the parking lot, the construction staking for the entire parking lot needs to be done by one surveyor.

She said staff recommends the Town engage Mauldin-Watkins Surveying to do the work in the amount of $3,000.

Action: The Board approved a motion to approve a proposal in the amount of $3,000 from Mauldin-Watkins Surveying to survey the Town Hall and Mims Towne Square shared parking lot.

Motion By: Schifano

Second By: Tedder

Vote: Unanimous

Copies of the Mauldin-Watkins proposal is incorporated into these minutes as addendum pages.

9h. NC55 and Holly Springs Intersection Signal Design Contract Amendment - Mrs. Thompson said that a proposed schedule for NC55 and Holly Springs Road intersection improvements was provided at the last Town Board meeting and plans are currently in the final stages of design and contract documents are being reviewed. Earlier this year, the Town awarded signal design to Kimley Horne and Associates. At this point, it is time to move forward with construction document preparation, she added.

Mrs. Thompson presented a proposed amendment to the Kimley-Horne contract for additional professional services for construction document preparation, signal bidding and construction oversight. Staff recommends awarding of these components of the project with this one contract amendment, she said.

Action: The Board approved a motion to amend its professional service agreement with Kimley-Horne and Associates for the NC 55 and Holly Springs Road intersection signal design to add preparation of construction documentation, signal bidding and construction oversight to the scope of the agreement in the added contract amount of $6,700, including a 10% contingency and to adopt an associated budget amendment covering the cost from the street reserve fund.

Motion By: Tedder

Second By: Atwell

Vote: Unanimous

Copies of the Kimley-Horne & Associates professional service agreement amendment and budget amendment are incorporated into these minutes as addendum pages.

9i. NCDOT Agreement for Bass Lake Road and Holly Springs Road Traffic Signal - Mrs. Thompson explained that in order to proceed with the signal design for the Bass Lake Road/Holly Springs Road intersection, the Town of Holly Springs has to enter into a traffic agreement with NCDOT. This agreement is required when any signal addition/modification takes place on NCDOT maintained roadways, she said.

The agreement states that all costs associated with the signal work will be performed at no expense to NCDOT, that all plans will be reviewed by NCDOT prior to installation, and then inspected after installation in order to assure the functionality of the signal.

The agreement also states that all costs associated with the review and inspection of the project are subject to reimbursement by the Town. NCDOT has provided an estimate of these costs, with reimbursement due for actual invoiced costs after completion of the project.

Action: The Board approved a motion to enter an agreement with NCDOT in the amount of $8,250 for plan review and inspection of the Bass Lake Road and Holly Springs Road intersection signal and to adopt an associated budget amendment paying for the work from street reserves.

Motion By: Tedder

Second By: VanFossen

Vote: Unanimous

Copies of the NCDOT agreement and budget amendment are 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:

Robert Babb, 116 Talicud Trail -- Mr. Babb is an adjacent property owner to the proposed Sunset Park Planned Unit Development, which will be coming before the Board next month. He said he is concerned about the traffic on Optimist Farm Road and the impact the project may have on his neighborhood. He asked the members of the Town Board to examine Optimist Farm Road traffic congestion before taking action on the development proposal in the future.

Mr. Babb said he and his neighbors also are concerned about the density of the proposed neighborhood. He urged the commissioners to visit his neighborhood before taking action on the PUD application.

11. Other Business:

11 a. Budget Amendment – The Board approved a motion to adopt a budget amendment to move $336,444.60 in designated Fund Balance to the Reserve Fund for BFI Landfill Franchise Fees.

Motion By: Schifano

Second By: Tedder

Vote: Unanimous

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

11b. Ambulance – Mr. Dean explained that the Town of Holly Springs has possession of a 1996 AEV Type I ambulance that was previously owned by the Fuquay‑Varina Area Rescue Squad. He provided some history of the vehicle:

During FVARS’ drive to raise funds to purchase the ambulance, the Town of Holly Springs contributed $16,000 over two budget years (1995‑96 and 1996‑97) to the squad.

FVARS is no longer in operation, and the Town of Holly Springs has been housing the ambulance since the Town borrowed it for a short time in late 1999. In the meantime, the Town has repaired and restriped the unit at a cost of $2,330.84 and has been using it in service only since August 2002 on an alternating month basis.

Last week, the chairman of the FVARS board of directors transferred title of the ambulance to the Town of Fuquay‑Varina, along with other assets of the now‑closed rescue squad. In negotiating with Fuquay‑Varina officials, it was agreed that the Town of Holly Springs could purchase the vehicle at a cost of $6,000 if the Fuquay‑Varina Board of Commissioners were to approve such a motion.

Mr. Dean said he was advised by Fuquay‑Varina Town Manager John Ellis today in writing that the Fuquay‑Varina Board of Commissioners approved a motion last night to declare the ambulance as surplus property to be made available to the Town of Holly Springs for $6,000 if the Holly Springs Town Board so desires to purchase the vehicle.

Chief Parker says that the need for this ambulance is critical and that cost of a new ambulance could be approximately $67,000. Current value of the 1996 model ambulance is approximately $20,000.

Action: The Board approved a motion to purchase the 1996 ambulance from the Town of Fuquay‑Varina for $6,000 with funding from the EMS Division capital outlay budget line item.

Motion By: Tedder

Second By: Schifano

Vote: Unanimous

12. Manager’s Reports – Mr. Dean reported that the 2003 Town Board Winter Retreat is set for Jan. 31-Feb.2 at the Sheraton Grand in New Bern; that Jan. 17 is the Chamber of Commerce annual banquet, and those who plan to attend should RSVP to Mrs. Mizelle; and that the ribbon cutting for Eckerd Drug is scheduled for 10 a.m. Monday, Jan. 13.

13. 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 matters relating to legal activities regarding the South Wake Landfill project and options for disposition of real estate.

Motion: Atwell

Second: Dickson

Vote: Unanimous

General Account

The Board received appraisals of the clothing closet and public safety center properties owned by the Town. Options of making a property available to a specific buyer who has expressed interest in the property or disposing of it at open bid were discussed.

The Town Attorney then briefed the Board regarding their options in the opposition to the South Wake Landfill issue. Estimated cost to file a petition requesting that the Supreme Court review the public policy merits of the case is $2,000. If the Supreme Court were to act favorably, then remaining proceedings are estimated to cost about $10,000.

Also discussed was the unfortunate timing of the decision inasmuch as the Town has a critical wastewater treatment plant expansion permit application hanging in the balance with the Department of Environment and Natural Resources.

Commissioners discussed the possible negative impact that could result after filing a petition for Supreme Court review of DENR’s decision to issue a permit to Wake County for the landfill when the Town’s own application for a plant expansion permit is to be decided within the next few days.

– End General Account

Action: The Board approved a motion to reenter Open Session.

Motion By: Schifano

Second By: Atwell

Vote: Unanimous

Action: In Open Session, the Board approved a motion directing the Town Attorney to prepare a petition for writ of certiorary seeking the Supreme Court’s discretionary review of the Court of Appeals decision in the matter of Wake County vs. DENR.

Motion By: Schifano

Second By: Atwell

Vote: The motion carried, 4-1. Commissioners Schifano, VanFossen, Atwell and Dickson voted for the motion. Commissioner Tedder voted against.

13. Adjournment – There being no further business for the evening, the January 7, 2003 meeting of the Holly Springs Board of Commissioners was adjourned at 9:45 p.m. following a motion by Commissioner Schifano, a second by Commissioner Atwell and a unanimous vote.

Respectfully Submitted on Tuesday, January 21, 2003.

‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑

Joni Powell, CMC

Town Clerk

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