2/17/04 Meeting Minutes, Town of Holly Springs

Ms. Bailey said the property located in this vicinity is within an area that is one of the gateways to the town’s Business Park area, and with the completion of the NC 55 Bypass and the Twelve Oaks PUD, there is a need for an area to be designated for commercial uses to serve existing and future residents in this region, as well as employees of the Business Park and commuters along the Bypass.

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

Charles Hughes, 176 Sudano Ct. – Mr. Hughes said the Bypass did not exist when he bought his house. He asked the Board to consider a denser buffer area for the subject property to hide it from view of his home.

Howard Leslie, 1241 New Hill Road – Mr. Leslie asked what the impact would be on his property.

Ms. Bailey explained that the zoning of his property would not be changed, but that the area in which his property is located would be designated NVD on the town’s long-range plan. She said his property would not be rezoned unless he requests it. She said if Mr. Leslie wanted to rezone his property to commercial, he would be allowed to do so easily with this amendment.

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

Action: The Board approved a motion to approve 10‑Year Comprehensive Growth Plan Amendment 04‑GPA‑01 to change the future land use designation at the intersection of NC 55 Bypass and New Hill Road from moderate‑density residential and industrial to a Neighborhood Village District: NVD, activity node, as submitted by the Town of Holly Springs.

Motion By: VanFossen

Second By: Dickson

Vote: Unanimous

6b. Public Hearing: 03-REZ-08, 801 & 809 North Main St. ‑ Ms. Bailey explained that the town is proposing to rezone 5.00 acres located on the west side of North Main Street, and north of the Exxon station from Planned Unit Development (PUD) to Local Business District (LBD). The rezoning would be consistent with the 10-Year Comprehensive Growth plan, Ms. Bailey said, adding that this proposal is due to an error on the Town’s official zoning map. She explained that the zoning map indicates that this property is a part of the Oakhall Planned Unit Development located to the west. She said this property is not a part of the Oakhall PUD, and in order to correct this discrepancy, the town must rezone the property to an appropriate zoning district.

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.

Action: The Board approved a motion to approve Zoning Petition #03‑REZ‑08 to change the zoning of 5.00 acres located on the west side of North Main Street and north of the Exxon station from Planned Unit Development (PUD) to Local Business District (LBD) as submitted by the Town of Holly Springs.

Motion By: Womble

Second By: Dickson

Vote: Unanimous

6c. Public Hearing: 03‑REZ‑09, 128 Oakhall Drive ‑ Ms. Bailey explained that the town is proposing to change the zoning of 1.14 acres on the west side of North Main Street and north of the Oakhall Shopping Center from Planned Unit Development (PUD) to Local Business, (LBD), which would be consistent with the town’s 10-Year Comprehensive Growth Plan. She said that the town’s official zoning map indicates that this property is a part of the Oakhall Planned Unit Development located to the west, but it actually is not a part of the Oakhall PUD. In order to correct this discrepancy, the town must rezone the property to an appropriate zoning district, she said.

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.

Action: The Board approved a motion approve Zoning Petition #03‑REZ‑09 to change the zoning of 1.14 acres of property located on the west side of North Main Street and north of the Oakhall Shopping Center from Planned Unit Development (PUD) to Local Business District (LBD), as submitted by the Town of Holly Springs.

Motion By: Dickson

Second By: VanFossen

Vote: Unanimous

Commissioner Dickson requested that the Town notify the property owner to advise that required vegetation has died and needs to be replaced.

6d. Public Hearing: 03‑REZ‑10 104 Oakhall Drive and Property to the East ‑ Ms. Bailey explained that the town is proposing to rezone 1.51 acres on the west side of North Main Street and north of the Oakhall Shopping Center from Planned Unit Development (PUD) to Local Business District (LBD). She said the proposed zoning change would be consistent with the Town’s 10-Year comprehensive Growth Plan. Ms. Bailey said the proposed zoning change is to make a correction to the Town’s official zoning map that indicates this property as part of the Oakhall Planned Unit Development located to the west. The property is not part of the Oakhall PUD.

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.

Action: The Board approved a motion to approve Zoning Petition #03‑REZ‑10 to change the zoning of 1.51acres of property located on the west side of North Main Street and north of the Oakhall Shopping Center more particularly described as Wake County PIN’s 0649.02‑85‑2494 and 0649.02‑85‑4428 from Planned Unit Development (PUD) to Local Business District (LBD), as submitted by the Town of Holly Springs.

Motion By: Taylor

Second By: Dickson

Vote: Unanimous

6e. Public Hearing: 03‑REZ‑11, 601 N. Main Street ‑ Ms. Bailey explained that the town is proposing to rezone 0.87 acres on the west side of North Main Street north of the Oakhall Shopping Center from Oakhall Planned Unit Development, (PUD) to Local Business District, (LBD). She said the proposed zoning change will be consistent with the Town’s Ten-Year comprehensive Growth Plan. Ms. Bailey said the proposed zoning change is to make a correction to the Town’s official zoning map that indicates this property as part of the Oakhall Planned Unit Development located north, which is not part of the Oakhall PUD.

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.

Action: The Board approved a motion to approve Zoning Petition #03‑REZ‑11 to change the zoning of 0.87 acres of property located on the west side of North Main Street more particularly described as Wake County PIN 0649.02‑85‑5587 from Planned Unit Development, (PUD) to Local Business District (LBD), as submitted by the Town of Holly Springs.

Motion By: VanFossen

Second By: Dickson

Vote: Unanimous

6f. Public Hearing: 03‑REZ‑13 NC 55 Bypass & New Hill Road ‑ Ms. Bailey explained that the town has received a petition requesting that the Town rezone 27.32 acres of land at the intersection of the NC 55 Bypass and New Hill Road. She said the request is to rezone the property from NV: Neighborhood Village District and R‑10: Residential District to CB: Community Business District. Ms. Bailey said that the proposed rezoning is located within an area that the Town Board had modified to a Neighborhood Village District (NVD) Activity Node in the Town’s 10‑Year Comprehensive Growth Plan earlier in the meeting. She said the NVD Activity Node allows the following services: goods and services that meet the daily needs of residential neighborhoods, dry cleaners, retail shops, and convenience stores.

She pointed out that a small area of the subject property is located on the east side of NC 55 Bypass. She said staff recommends that this small portion be rezoned to Neighborhood Village – rather than Community Business as requested – so to be more compatible with the adjacent properties.

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

Charles Hughes, 176 Sudano Ct. – Mr. Hughes said he felt the small portion of property on the east side of NC 55 Bypass would have access problems. He said he did not see the need for that portion to be rezoned. He said he also wanted clarification of what types of businesses would be allowed there because he was under the impression that big-box type of development would not be allowed.

Ms. Bobber explained that a CB zone would allow big-box development.

Commissioner VanFossen noted that a CB zone applied to the small parcel – with its buffer requirements – would be so restrictive that the parcel would be rendered useless. From the neighboring property owners’ perspective, that might be best, because the parcel would remain vacant.

Mr. Hughes spoke from the audience, saying that he understood and appreciated Commissioner VanFossen’s suggestion, but he is actually more concerned about the large parcel on the west side of the Bypass. From an appearance standpoint, he said, he is concerned that the view will become the back of a large retail center.

Ms. Bobber explained that if the back of the building was to face NC 55 Bypass, certain architectural standards would apply that would improve the appearance. If loading docks are at the rear of the building, then the buffer requirements would be more restrictive, requiring an opaque evergreen screen.

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

Action: The Board approved a motion to approve Zoning Petition 03‑REZ‑13 to change the zoning of approximately 27.32 acres of land -- excluding the portion of PIN 0649.01‑45‑5226 that is located on the east side of the NC 55 Bypass ‑‑ from NV: Neighborhood Village and R‑10: Residential to CB: Community Business as submitted by Hartwell Realty, Inc., and to change the zoning of the portion of PIN 0649.01‑45‑5226 on the east side of the NC 55 Bypass from R‑10 to NV: Neighborhood Village, as recommended by staff.

Motion By: Dickson

Second By: Taylor

Vote: Unanimous

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

7a. Police Station Telephone System - The Board authorized the purchase of the police station telephone system from Alpha-Gamma Technologies, Inc. A copy of the Alpha-Gamma Technologies, Inc. contract is incorporated into these minutes as an addendum page.

7b. Police Station Furniture Bid ‑ The Board awarded the bid for the police station furniture to MacThrit furniture and adopted a budget amendment to the FY 2003-04 budget in the amount of $11,200. Copies of the MacThrift furniture bid and budget amendment are incorporated into these minutes as addendum pages.

7c. Budget Amendment, $2,825 ‑ The Board adopted an amendment to the FY 2003-04 budget in the amount of $2,825 to accept insurance proceeds for damage to police vehicles. A copy of the budget amendment is incorporated into these minutes as an addendum page.

7d. Minutes ‑ Minutes of the Board’s regular meeting held on Feb. 3, 2004 were approved.

8a. Braxton Village Phases 7-11, 03-MAS-06 – Ms. Hobbs said that this proposed preliminary plan was tabled on Feb. 3 to allow Board members a chance to further review the application.

Ms. Hobbs said #03‑MAS‑06 applies to 62.97 acres located within the Braxton Village PUD. She said the developer is proposing to develop 201 residential lots in five phases.

She noted that the submittal is in agreement with the Braxton Village approved PUD master plan and with the Town’s 10-Year Comprehensive Growth Plan.

Mayor Sears mentioned that Commissioner Atwell had requested that consideration of the plan be tabled again until he could be present for the discussion.

He added that town management staff had met with the developer to address concerns of the Town Board. He reported that the developer had agreed to pave the existing gravel emergency access road connecting Braxton Village to Holly Glen prior to the issuance of 50 Certificates of Occupancy for Phases 5 and 6.

Commissioner VanFossen asked how construction traffic would flow.

Mr. Montague said construction traffic would flow through Braxton Village, and commissioners agreed there were no other options.

Mayor Sears suggested that Mr. Montague communicate to contractors and subcontractors to drive safely through the neighborhoods and be mindful of their speeds and litter.

Mr. Schifano explained that the owner has a right to develop according to the approved master plan. The Board could accept or reject road layout in order to protect the health, safety and welfare of the citizens of Holly Springs. At the same time, the developer is vested in the project, having constructed previous roadways according to the approved plan.

Action: The Board approved a motion to approve Preliminary Plan #03‑MAS‑06, Braxton Village Phases 7‑11, as submitted by Blackburn Consulting Company, Project Number J‑334(7) with the following conditions:

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

a. An electronic copy of the flood study (along all reaches) and a hard copy of the map with a graphically shown flood plain and labeled cross sections and elevations. The upstream flood study will also need to be revised due to this downstream addition.

b. Verify if the contributing drainage areas have been modified since the last submittal of the flood study.

c. Graphical representation of the flood plain with elevations and the backwater easement shall be shown on the plan submittal.

d. Hydraulic Grade Line analysis

e. Provide additional information on the backwater at lots 1036/1037.

2. Per previous agreement of the developer, the existing gravel emergency access road connecting Braxton Village to Holly Glen will be paved and prepared for automobile traffic prior to the issuance of 50 Certificates of Occupancy for Phases 5 and 6.

Motion By: Womble

Second By: Taylor

Vote: Unanimous

8b. Police Station Parking Lot Construction - Ms. Sudano said that at the Feb. 3, Board meeting, staff presented an informal paving quote to construct the police station parking lot in the amount of $25,966 from Gelder, the contractor that had paved the largest portion of the Town Hall parking lot. Ms. Sudano said at that time, the Board approved a motion to defer action and instructed staff to gather informal bids from other contractors for the project.

Ms. Sudano said that staff contacted five contractors, including Gelder, to provide informal bids on equal footing. Ms. Sudano said the following bids were submitted: Gelder & Associates, $29,494.25; R.E.L. Grading, $29,944.76; B&B Paving, $36,221; S.T. Wooten, Non-responsive; Blalock Paving, $46,789.50; and Capital Paving, $43,401.76.

Ms. Sudano said that the low bidder for the work is Gelder & Associates; however, the new bid submitted is $29,494.25. She said if the Board awards the paving contract to the low bidder, a budget amendment in the amount of $32,444 is needed to cover the contract and a 10% contingency.

Action: The Board approved a motion to award the construction contract for paving the police station parking lot to Gelder & Associates, for the contract amount of $29,494.25 plus a 10% contingency and to adopt a amendment to the FY 2003-04 budget in the amount of $32,445 to cover the cost of the contract.

Motion By: VanFossen

Second By: Womble

Vote: Unanimous

Copies of the bid tabulation and budget amendment are incorporated into these minutes as addendum pages.

8c. Parks & Recreation Department Program Polices, Procedures, and Fees Manual - Mr. Bradley said at a previous Board meeting the Board reviewed and suggested amendments to the Parks and Recreation Department Program, Polices, Procedures, and Fees Manual. Mr. Bradley reviewed with the Board members the following amendments:

1. Currently, the band shell is available for use only for Town events and Town co‑sponsored events. An amendment would allow the option of an outside source’s being able to reserve the band shell at the discretion of a committee including the Town Manager, Mayor and Parks & Recreation Director. The fee, if charged, would be based on the picnic shelter rental policy.

2. Add to the current policy that the scoreboard/clock may be operated only by Parks & Recreation staff. Users requiring the use of the scoreboard/clock must reserve same a minimum of three (3) weeks prior to the reservation date to allow scheduling of staff.

3. Change registration hours to reflect the hours of 8 a.m. – 8 p.m. Monday through Thursday and from 8 a.m. until 4 p.m. on Fridays. As a result of new hours of operation for registration, remove the option of leaving a payment and/or registration in the water bill drop box at town hall.

4. Correct hours of teacher workdays for the Before/After School program to the correct time of 7 a.m. – 5 p.m.

5. Change late payment penalty for Before/After School to allow participants to pay fees on the next business day if the 1st falls on a holiday before penalties start accruing.

6. Increase fees for fitness room for one year to $75 for one person. Year will begin the date of purchase and end the same day of the following calendar year.

7. Remove from policy one has to be member of the fitness room to purchase a fitness coupon book.

8. Amend policy to reflect the new Weather Hotline number of 557‑2939.

9. Change youth athletic policy to reflect a discount for multiple children. (Same as Before/After School and Summer Camp policy). To be eligible for discount, children must be registered in the same activity. For example: Family has two children and one registers for Football and one registers for Cheerleading, they would not receive discount. Family has two children both participating in spring soccer, they would receive discount.

10. Amend the policy under facility rental to reflect Parks & Recreation programs and activities take precedence over all other scheduled uses and as such the Parks & Recreation Department reserves the right to reschedule or refund a reservation/activity that creates a conflict with our programs.

11. Designate Town park hours of operation as Sunrise to Sunset with the exception of approved activities, programs and events.

12. Amend policy to reflect hours of operation for different facilities.

13. Amend Concession Policy.

14. Add policy for cafeteria/kitchen rental.

15. Amend policy to reflect Town Employees who are non‑residents may pay the same fee as residents for parks & recreation services.

16. Change youth athletics policy of “Playing Up” to allow children 9 and up to request in writing at the time of registration to play up in age division. The child must be at the requested age division’s skills assessment. If child is not selected (drafted) then he/she will go back to their appropriate age division and skills assessment. Children 8 and under are not permitted to play up an age division.

17. Change youth athletic policy to reflect SWAC as the affiliate organization for soccer for All-Star Teams.

18. Change youth athletic policy regarding awards/recognition to allow the Parks & Recreation Department to provide individual trophies for 1st and 2nd place tournament teams in age divisions that keep score and standings.

19. Add policy for rental and co‑sponsorship of ball tournaments at the Womble Park Softball/Baseball Field Complex.

20. Change reservation policy to reflect for weekend community center room reservations requiring setup and for weekend athletic field reservations requiring prep work; reservations must be made by 4:00 p.m. on the Wednesday prior to weekend rental.

Mayor Sears suggested adding staff flexibility to the policy manual so that terms of the policy can be set aside, when deemed appropriate by the department director with town manager oversight. The Board agreed this provision should be added.

Commissioner Dickson asked if there was a mechanism in place to address those who abuse rental privileges. Mr. Bradley said he thought that there was.

There was discussion of Bass Lake Park, and in the end, the Board asked Mr. Bradley to provide a policy outline just for Bass Lake and use of its facilities, including boats.

Action: The Board approved a motion to approve amendments to the Parks and Recreation Department Program Polices, Procedures, and Fees Manual as presented and with the addition of a provision for staff flexibility.

Motion By: Womble

Second By: VanFossen

In discussion, Commissioner Dickson asked if non-competing items could be sold in relationship to the tenant of the concession stand. Mr. Bradley said he felt there was flexibility in the language that would allow the Town and local organizations to sell items as long as the vendor was satisfied, too.

Vote: Unanimous

A copy of the Parks and Recreation Program Policies, Procedures, and Fees Manual, as amended from time to time, is on file in the offices of the Parks and Recreation Department.

9a. Holly Springs Road and Grassy Meadow Road Project Design Contract – Mr.

Dean explained to the Board members that a proposal was submitted by Thompson & Associates outlining the road improvements associated with the future fire station off of Holly Springs Road. Mr. Dean said the scope of work being proposed involves providing both preliminary design work and final construction plans for the extension of Grassy Meadow Road (to serve the new fire station) and the widening of Holly Springs Road.

Mr. Dean noted that Thompson & Associates is the civil engineering firm that is being utilized by Little and Associates in developing the fire station grading and site plan. He said that due to this fact and how these road improvements will impact the fire station site, Thompson & Associates is recommended for this project.

Mr. Dean said the final cost of transportation improvements is estimated to be $220,000. He said the work includes street improvements that the Town previously agreed to perform in exchange for the Moravian Church property, which was obtained as the site for the new fire station.

He said the cost to perform the services proposed is $32,725, and because the proposal exceeds $25,000, the Town's policy on selecting design consultants should be followed. He said that staff requests the Board to waive its policy so that the civil engineering of the fire station site and roadways leading to it are performed with a degree of continuity and so that the Town can benefit cost‑wise from the firm's relationship to the fire station project.

Action #1: The Board approved a motion to grant the Town a waiver of Policy Statement #17, Selection of Design Consultants, so that the civil engineering of the new fire station and the roadways leading to it is performed by the same firm at a potential cost savings to the Town.

Motion By: VanFossen

Second By: Dickson

Vote: Unanimous

Action #2: The Board approved a motion to enter a professional services agreement with Thompson & Associates to perform the preliminary design work and final construction plans along Holly Springs Road and Grassy Meadow Road and to adopt an amendment to the FY 2003-04 budget in the amount of $32,725.

Motion By: VanFossen

Second By: Womble

Vote: Unanimous

A copy of the Thompson & Associates contract and budget amendment are incorporated into these minutes as addendum pages.

9b. Ordinance 04-03, Parks & Recreation Advisory Committee Appointments ‑ Commissioner Dickson explained that the current ordinance requires a one-year waiting period after two terms served. He said the Parks & Recreation Advisory Committee often encounters difficulty finding interested and dedicated citizens to serve on the committee and that the provision excludes several interested citizens who are willing to serve.

He added that the committee requests that the last sentence of Town Code Article C, Section 2‑7023, Appointment of the (Parks and Recreation Advisory) Committee, which requires a 1‑year waiting period after two terms served and before any additional terms can be served, be removed from the ordinance.

Action: The Board approved a motion to adopt Ordinance 04-03 amending Article C, Section 2-7023, regarding appointments of the Parks and Recreation Advisory Committee, to eliminate the requirement of a 1-year waiting period after two terms served.

Motion By: VanFossen

Second By: Womble

Vote: Unanimous

A copy of Ordinance 04-03 is incorporated into these minutes as addendum pages.

9d. Resolution 04-05 - Ms. Sudano explained to the Board that over the past couple of months, staff has undertaken easement acquisition for a sewer line to serve the Stone tract (Scots Laurel) and adjacent properties. She said that the Board approved the maximum offer amounts for acquisition at an earlier meeting.

She said there are several properties for which the easements have not been acquired; therefore, adoption of a resolution of condemnation is presented for adoption. She said this resolution would keep the acquisition and construction on schedule.

Mr. Dave Pemar, an attorney representing one of the property owners, addressed the Board. He explained that the owner he represents is concerned about the process the Town is using to obtain her property. Mr. Permar requested the Board defer action on the condemnation resolution because the owner does not feel that there have been any negotiations.