5/4/04 Meeting Minutes, Town of Holly Springs

Action: The Board approved a motion to adopt Annexation Ordinance A04‑05 annexing 56.5606 acres owned by: Sunset Forest, LLC, Doris P. Jones, ET.Al; Helton Homes, Inc.; DJF Builders, Inc.; Barnes Builders & Realty; Future Homes; WHG, Inc.; Colanco Co.; J. Scott Builders; Charles D. Saik and Jerry and Melissa Gulyes into the corporate limits of the Town of Holly Springs.

Motion By: Atwell

Second By: Dickson

Vote: Unanimous

A copy of Annexation Ordinance A04-05 is incorporated into these minutes as addendum pages.

6b. Public Hearing: Town’s Charter Amendment – Mr. Schifano explained that the Board is proposing to amend the Town Charter to a Council membership structure for the governing body, replacing the Board of Commissioners style. He said at the April 20, 2004 Town Board meeting the board approved a resolution of intent to consider the Charter amendment by ordinance and set a public hearing for tonight. Mr. Schifano said the Board is to hold the public hearing and adopt a proposed ordinance making the amendment at the May 18^th Town Board meeting.

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: None.

6c. Public Hearing: FY 2004-05 Pre-Budget - Mr. Holland said this public hearing is to receive input from the public and to set a date for the Board to hold a public hearing on the final proposed FY 2004-05 budget plan prior to its adoption sometime in June. Mr. Holland suggested setting June 1, 2004 for a public hearing, followed by adoption of the budget that evening or the June 15^th Board meeting.

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

Kathy Hamilton Brown of 324 Hallwood Court, a member of the Holly Springs Parks and Recreation Advisory Committee requested the Town to allocate money in the FY 2004-05 Budget to develop a Master Parks and Recreation plan and the design phase of the new Parks and Recreation Comprehensive Community Recreation Center.

Page Pavlik of 220 Dutchhill Road asked the Board to consider allocating funds in the FY 2004-05 budget to install sidewalks along Ballentine Street and to repair a sewer or drainage problem located across from the Oaks of Avent Acres swimming pool. Ms. Pavlik also asked the Board to consider placing a stop light at the intersection of NC 55 Bypass and Ballentine Street. Mayor Sears explained the costs and procedures for requesting North Carolina Department of Transportation for stop lights.

Mayor Pro-tem Dickson asked that the citizens’ comments from the Towns’ website “How to spend tax dollars” survey, be incorporated into these minutes as addendum pages.

Mary Wells of 5000 Sunset Lake Road asked the Board to consider budgeting for placement of street lights, sidewalks and to consider correcting a drainage problem in the ditches along Sunset Lake Road. Commissioner VanFossen said that the drainage problem along Sunset Lake Road was being looked at by the project engineer.

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

Action: The Board made a motion to set a public hearing for Tuesday, June 1, 2004 for final review of the proposed FY 2004-05 budget.

Motion By: Dickson

Second By: Atwell

Vote: Unanimous

A copy of the citizens comments “How to spend tax dollars” survey is incorporated into these minutes as addendum pages.

6d. Public Hearing: Holly Springs Fire Station Special Exception Use Petition 04-SEU-02 – Ms. Bobber explained that this proposal is for a Special Exception Use Petition #04-SEU-02 for a 2.45-acre site located north of Holly Springs Road across from the Spring Meadow subdivision. She said the proposal is to construct a fire station, which is allowed in the R-10: Residential District as a Special Exception. She said the request is compatible with the medium-density designation of the property in the Comprehensive Growth Plan.

Ms. Bobber said that town staff is currently working with the Moravian Church to acquire additional right of way easement for a public street connection with the adjacent Rhamkatt PUD property. She said that in the event that the town can not obtain the right of way easement from the church, the plan proposes to construct a temporary gravel access and parking area to the northern side and rear of the property.

Ms. Bobber said this project is on a time line to submit approval to the Local Government Commission. Ms. Bobber reviewed with the Board members the building materials and elevations of the fire station plan.

Ms. Bobber said the first action is to accept sworn testimony and qualified evidence on Special Exception Use Petition #04-SEU-02, Town of Holly Springs Fire Station to allow for the development of a fire station in R-10; Residential district. She said the Board is to consider whether the Findings of Fact for the Special Exception Use Petition to allow for the development of a fire station are satisfied.

Ms. Bobber explained that the project meets the development standards of the UDO with the following exceptions of several waivers and variances for the Board’s consideration:

§ The applicant requests a Waiver of UDO Regulations in order to allow for the reduction of the varying 2-foot setback required per 50 linear feet of façade length.

§ The applicant requests a Waiver of UDO Regulations in order to allow for a reduction in the amount of façade area dedicated to windows.

§ The applicant requests a Variance of Development Standards in order to allow for an increase in the maximum building height from 35 feet to 60 feet.

§ The applicant requests a Variance of Development Standards in order to allow for gravel access drive.

§ The applicant requests a Variance of Development Standards in order to allow for the increase of the width of the northern interior access drive from 12 feet to 18 feet.

§ The applicant requests a Variance of Development Standards in order to allow for the increase of the width of the southern interior access drive from 12 feet to 24 feet.

§ The applicant requests a Variance of Development Standards in order to allow for a parking lot in the side and rear yard.

Commissioner VanFossen suggested that town staff consider amending the UDO to simplify the approval process for special exception uses, variances and waivers.

Commissioner VanFossen said that he dislikes the elevations and requested on several occasions for options of other exterior building materials.

With that explanation completed, Mayor Sears opened the public hearing to accept sworn testimony under oath administered by Deputy Clerk Linda R. Harper. The following testimony was recorded: None.

There being no testimony, the public hearing was closed.

Action #1 Findings of Fact for the Special Exception Use Petition to allow the development of a fire station: The Board approved a motion to make, accept and direct the Town Clerk to record in the minutes its findings of fact that Special Exception Use Petition #04-SEU-02 Town of Holly Springs Fire Station to allow for the development of a fire station in R:10 Residential district as submitted by Little Diversified Architectural Consulting Project Number 514-7960-00, dated revised April 14, 2004.

Motion By: Vanfossen

Second By: Dickson

Vote: Unanimous

Special Exception Use Findings of Fact:

a. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare;

b. The proposed use will not injure or adversely affect the adjacent area;

c. The proposed use will be consistent with the character of the district, land uses authorized therein, and the Town of Holly Springs Comprehensive Plan;

d. The proposed use shall conform to all development standards of the applicable district (unless a waiver of such development standards is requested as part of the special exception use petition and approved as set forth above, in which case the proposed use shall conform to the terms and conditions of such waiver).

e. Access drives or driveways are or will be sufficient in size and properly located to: ensure automotive and pedestrian safety and convenience, traffic flow as set forth in Section 7.09 – Pedestrian Circulation and Vehicular Area Design; and, control and access in case of fire or other emergency;

f. Off-street parking areas, off-street loading areas, trash enclosures, trash pick-up and removal, and other service areas are located so as to be safe, convenient, allow for access in case of emergency, and to minimize economic, glare, odor, and other impacts on adjoining properties and properties in the general neighborhood;

g. The lot, building or structure proposed for the use has adequate restroom facilities, cooking facilities, safety equipment (smoke alarms, floatation devices, etc.), or any other service or equipment necessary to provide for the needs of those persons whom may work at, visit or own property nearby to the proposed use;

h. Utilities, schools, fire, police and other necessary public and private facilities and services will be adequate to handle the needs of the proposed use;

i. The location and arrangement of the use on the site, screening, buffering, landscaping, and pedestrian ways harmonize with adjoining properties and the general area and minimize adverse impacts; and,

j. The type, size, and intensity of the proposed use (including but not limited to such considerations as the hours of operation and numbers of people who are likely to utilize or be attracted to the use) will not have significant adverse impacts on adjoining properties or the neighborhood.

Action #2: Findings of Fact: Waiver of UDO regulations to reduce the varying 2-foot setback per 50 linear feet of façade length. The Board made a motion to make, accept the Findings of Fact and direct the Town Clerk to record the Findings in the minutes for a waiver to reduce the varying 2-foot setback per 50 linear feet of façade length in association with #04-SEU-02 Town of Holly Springs Fire Station as submitted by Little Diversified Architectural Consulting Project Number 514-7960-00, dated revised April 14, 2004.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

Action #3: Action on waiver of UDO regulations to reduce the varying 2-foot setback per 50 linear feet of façade length. The Board made a motion to approve having made findings of fact that the Petition meets the requirements to be granted a Waiver of Standards of UDO Section 3.01, C., 1., c., (3)., (a)., (ii), Colors, Texture, and Architecture. NV Neighborhood Village District: Architectural and Site Design Review, the Board approved a motion to approve the reduction of varying setback in façade length for Special Exception Use Petition #04-SEU-02 Town of Holly Springs Fire Station.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

Waiver of UDO Regulations Findings of Fact:

1. The proposed development represents the use of (building materials, colors, textures, building architecture, building orientation, roof features, façade modulation, signs, landscaping, lighting or pedestrian circulation and vehicular area design) which will result in a development pattern which is equivalent to or superior to that achievable under the applicable regulations;

2. The proposed development will be compatible with and will enhance the use or value of area;

3. The proposed development is consistent with the intent of the Comprehensive Plan; and,

4. The proposed development is consistent with the intent and purpose of this UDO.

Action #4: Waiver of UDO regulations to reduce the amount of façade area dedicated to windows. The Board made a motion to make, accept the Findings of Fact and direct the Town Clerk to record the Findings in the minutes for a waiver to reduce amount of façade area dedicated to windows in association with #04-SEU-02 Town of Holly Springs Fire Station as submitted by Little Diversified Architectural Consulting Project Number 514-7960-00, dated revised April 14, 2004.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

Action #5: Action on Waiver of UDO regulations to reduce the amount of façade area dedicated to windows. Having made findings of fact that the Petition meets the requirements be granted a Waiver of Standards of UDO Section 3.01, C., 1., c., (3)., (a)., (iv). NV Neighborhood Village District: Architectural and Site Design Review, the Board approved a motion to approve the reduction in the amount of façade area dedicated to windows for Special Exception Use Petition #04-SEU-02 Town of Holly Springs Fire Station.

Motion By: VanFossen

Second By: Womble

Vote: Unanimous

Waiver of UDO Regulations, Architectural and Site Design Review Findings of Fact:

2. The proposed development will be compatible with and will enhance the use or value of area;

3. The proposed development is consistent with the intent of the Comprehensive Plan; and,

4. The proposed development is consistent with the intent and purpose of this UDO.

Action #6: Variance of Development Standards to increase building height. The Board made a motion to approve to make, accept the Findings of Fact and direct the Town Clerk to record the Findings in the minutes for a variance to increase building height in association with #04-SEU-02 Town of Holly Springs Fire Station as submitted by Little Diversified Architectural Consulting Project Number 514-7960-00, dated revised April 14, 2004.

Motion By: VanFossen

Second By: Womble

Vote: Unanimous

Action #7: Action on Variance of Development Standards to increase building height. Having made findings of fact that the Petition meets the requirements and to grant a Variance to the Development Standards of UDO Section 2.04, B., 7., a. R-10: Residential District, the Board approved a motion to approve to increase the building height from 35 to 60 feet for Special Exception Use Petition #04-SEU-02 Town of Holly Springs Fire Station.

Motion By: Dickson

Second By: Atwell

Vote: Unanimous

Variance of Building Height Development Standards Findings of Fact:

1. The carrying out of the strict letter of the UDO will result in practical difficulties in the development of the property included in the Variance Petition;

2. Approval will observe the spirit of the UDO;

3. Approval will secure public safety and welfare;

4. Approval will provide substantial justice;

5. a. There are exceptional conditions pertaining to the particular piece of property in question because of its shape, size, or topography, that are not applicable to other lands, buildings, or structures in the same district, or

b. There is a peculiar characteristic of a proposed use which makes the application of certain development standards of the UDO, as requested in the petition for variance of development standards, unrealistic;

6. Granting the Variance requested will not confer any special privileges that are denied to other owners or residents of the district in which the property is located;

7. A literal interpretation of the provisions of the UDO would deprive the applicant of rights commonly enjoyed by other owners and residents of the district in which the property is located;

8. The requested variance will be in harmony with the purpose and intent of the UDO and will not be injurious to neighbor or to the general welfare;

9. The special circumstances giving rise to the Variance request are not as a result of actions of the Applicant; AND

10. Variance Requested is the minimum variance that will make possible the legal use of the land, building, or structure.

Action #8: Variance of Development Standards to allow a gravel access drive: The Board made a motion to make, accept the Findings of Fact and direct the Town Clerk to record the Findings in the minutes for a variance to allow a gravel access drive in association with #04-SEU-02 Town of Holly Springs Fire Station as submitted by Little Diversified Architectural Consulting Project Number 514-7960-00, dated revised April 14, 2004.

Motion By: Taylor

Second By: Womble

Vote: Unanimous

Action #9: Action on Variance of Development Standards to allow a gravel access drive. Having made findings of fact that the Petition meets the requirements to grant a Variance of Development Standards of UDO Section 7.07, b., 22. Street Design and Right-of-Way Designation, the Board approved a motion to approve a gravel access drive for Special Exception Use Petition #04-SEU-02 Town of Holly Springs Fire Station.

Motion By: Dickson

Second By: Atwell

Vote: Unanimous

Variance of Street Design and Right-of-Way Designation of the Development Standards Findings of Fact:

1. The carrying out of the strict letter of the UDO will result in practical difficulties in the development of the property included in the Variance Petition;

2. Approval will observe the spirit of the UDO;

3. Approval will secure public safety and welfare;

4. Approval will provide substantial justice;

6. Granting the Variance requested will not confer any special privileges that are denied to other owners or residents of the district in which the property is located;

7. A literal interpretation of the provisions of the UDO would deprive the applicant of rights commonly enjoyed by other owners and residents of the district in which the property is located;

8. The requested variance will be in harmony with the purpose and intent of the UDO and will not be injurious to neighbor or to the general welfare;

9. The special circumstances giving rise to the Variance request are not as a result of actions of the Applicant; AND

10. Variance Requested is the minimum variance that will make possible the legal use of the land, building, or structure.

Action #10: Variance of Development Standards to increase the northern interior access drive from 12 feet to 18 feet. The board made a motion to make, accept the Findings of Fact and direct the Town Clerk to record the Findings in the minutes for a variance to allow the increase of the width of the northern interior access drive from 12 feet to 18 feet in association with #04-SEU-02 Town of Holly Springs Fire Station as submitted by Little Diversified Architectural Consulting Project Number 514-7960-00, dated revised April 14, 2004.

Motion By: Dickson

Second By: Atwell

Vote: Unanimous

Action #11: Action on Variance of Development Standards to increase the northern interior access drive from 12 feet to 18 feet. Having made findings of fact that the Petition meets the requirements to grant a Variance of Development Standards of UDO Section 2.04, B., 6. b. R-10: Residential District. Street Design and Right-of-Way Designation, the Board approved a motion to approve to increase the width of the northern interior access drive for Special Exception Use Petition #04-SEU-02 Town of Holly Springs Fire Station.

Motion By: Dickson

Second By: Atwell

Vote: Unanimous

Variance of Street Design and Right-of-Way Designation of the Development Standards Findings of Fact:

1. The carrying out of the strict letter of the UDO will result in practical difficulties in the development of the property included in the Variance Petition;

2. Approval will observe the spirit of the UDO;

3. Approval will secure public safety and welfare;

4. Approval will provide substantial justice;

6. Granting the Variance requested will not confer any special privileges that are denied to other owners or residents of the district in which the property is located;

7. A literal interpretation of the provisions of the UDO would deprive the applicant of rights commonly enjoyed by other owners and residents of the district in which the property is located;

8. The requested variance will be in harmony with the purpose and intent of the UDO and will not be injurious to neighbor or to the general welfare;

9. The special circumstances giving rise to the Variance request are not as a result of actions of the Applicant; AND

10. Variance Requested is the minimum variance that will make possible the legal use of the land, building, or structure.

Action #12: Variance of Development Standards to increase the southern interior access drive from 12 feet to 24 feet. The Board made a motion to make, accept the Findings of Fact and direct the Town Clerk to record the Findings in the minutes for a variance to allow the increase of the width of the southern interior access drive from 12 feet to 24 feet in association with #04-SEU-02 Town of Holly Springs Fire Station as submitted by Little Diversified Architectural Consulting Project Number 514-7960-00, dated revised April 14, 2004.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

Action #13: Action on Variance of Development Standards to increase the southern interior access drive from 12 feet to 24 feet. Having made Findings of Fact that the Petition meets the requirements to grant a Variance of Development Standards of UDO Section 2.04, B., 6., b. R-10: Residential District. Street Design and Right-of-Way Designation, the Board approved to increase the width of the southern interior access drive for Special Exception Use Petition #04-SEU-02 Town of Holly Springs Fire Station.

Motion By: Womble

Second By: Atwell

Vote: Unanimous

Variance of Street Design and Right-of-Way Designation Development Standards Findings of Fact:

1. The carrying out of the strict letter of the UDO will result in practical difficulties in the development of the property included in the Variance Petition;

2. Approval will observe the spirit of the UDO;

3. Approval will secure public safety and welfare;

4. Approval will provide substantial justice;

6. Granting the Variance requested will not confer any special privileges that are denied to other owners or residents of the district in which the property is located;

7. A literal interpretation of the provisions of the UDO would deprive the applicant of rights commonly enjoyed by other owners and residents of the district in which the property is located;

8. The requested variance will be in harmony with the purpose and intent of the UDO and will not be injurious to neighbor or to the general welfare;

9. The special circumstances giving rise to the Variance request are not as a result of actions of the Applicant; AND

10. Variance Requested is the minimum variance that will make possible the legal use of the land, building, or structure.

Action #14: Variance of Development Standards to allow a parking lot in a side yard. The Board made a motion to make and accept the Findings of Fact and direct the Town Clerk to record the Findings in the minutes for a variance to allow for a parking lot in a side yard in association with #04-SEU-02 Town of Holly Springs Fire Station as submitted by Little Diversified Architectural Consulting Project Number 514-7960-00, dated revised April 14, 2004.

Motion By: Dickson

Second By: Atwell

Vote: Unanimous

Action #15: Action on Variance of Development Standards to allow a parking lot in a side yard. Having made Findings of Fact that the Petition meets the requirements to grant a Variance of Development Standards of UDO Section 2.04, B., 6., b. R-10: Residential District. Street Design and Right-of-Way Designation, the Board approved a motion to approve the location of a parking lot in a side yard for Special Exception Use Petition #04-SEU-02 Town of Holly Springs Fire Station.

Motion By: VanFossen

Second By: Womble

Vote: Unanimous

Variance of Street Design and Right-of-Way Designation of the Development Standards Findings of Fact:

1. The carrying out of the strict letter of the UDO will result in practical difficulties in the development of the property included in the Variance Petition;

2. Approval will observe the spirit of the UDO;

3. Approval will secure public safety and welfare;

4. Approval will provide substantial justice;

6. Granting the Variance requested will not confer any special privileges that are denied to other owners or residents of the district in which the property is located;

7. A literal interpretation of the provisions of the UDO would deprive the applicant of rights commonly enjoyed by other owners and residents of the district in which the property is located;

8. The requested variance will be in harmony with the purpose and intent of the UDO and will not be injurious to neighbor or to the general welfare;

9. The special circumstances giving rise to the Variance request are not as a result of actions of the Applicant; AND

10. Variance Requested is the minimum variance that will make possible the legal use of the land, building, or structure.

Action #16: Variance of Development Standards to allow a parking lot in a rear yard. The Board made a motion to make, accept the Findings of Fact and direct the Town Clerk to record the Findings in the minutes for a variance to allow for a parking lot in a rear yard in association with #04-SEU-02 Town of Holly Springs Fire Station as submitted by Little Diversified Architectural Consulting Project Number 514-7960-00, dated revised April 14, 2004.

Motion By: Dickson

Second By: Atwell

Vote: Unanimous

Action #17: Action on Variance of Development Standards to allow a parking lot in a rear yard. Having made findings of Fact that the Petition meets the requirements to grant a Variance of Development Standards of UDO Section 2.04, B., 6., c. R-10: Residential District. Street Design and Right-of-Way Designation, the Board approved a motion to approve the location of a parking lot in a rear yard for Special Exception Use Petition #04-SEU-02 Town of Holly Springs Fire Station.

Motion By: Dickson

Second By: Atwell

Vote: Unanimous

Variance of Street Design and Right-of-Way Designation Development Standards Findings of Fact:

1. The carrying out of the strict letter of the UDO will result in practical difficulties in the development of the property included in the Variance Petition;

2. Approval will observe the spirit of the UDO;

3. Approval will secure public safety and welfare;

4. Approval will provide substantial justice;

6. Granting the Variance requested will not confer any special privileges that are denied to other owners or residents of the district in which the property is located;

7. A literal interpretation of the provisions of the UDO would deprive the applicant of rights commonly enjoyed by other owners and residents of the district in which the property is located;

8. The requested variance will be in harmony with the purpose and intent of the UDO and will not be injurious to neighbor or to the general welfare;

9. The special circumstances giving rise to the Variance request are not as a result of actions of the Applicant; AND

10. Variance Requested is the minimum variance that will make possible the legal use of the land, building, or structure.

Action #18: Holly Springs Fire Station Special Exception Use: Having made findings of fact that the project meets the requirements to be granted a Special Exception Use, and having granted specific Waivers of UDO Regulations and Variances of Development Standards as requested, the Board approved a motion to approve Special Exception Use Petition #04-SEU-02 Town of Holly Springs Fire Station as submitted by Little Diversified Architectural Consulting Project Number 514-7960-00, dated revised April 14, 2004 with the following conditions:

A UDO Permit for Sign Installation shall be obtained from the Department of Planning & Zoning prior to the installation of any signage, temporary (including temporary signs erected before and during the construction phase) or permanent.
Added condition acceptance of the exterior building materials at the Town Board discretion.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

A copy of Holly Springs Fire Station 04-SEU-02 petition is incorporated into these minutes as addendum pages.

7a. Community Center/Indoor Programming Needs Report - Mr. Bradley explained to the Board that Heery International would be giving the final needs assessment for the community center indoor programming. Mr. Bradley said the board is to consider approval of a design concept on the community arts center and to allow Little Diversified Architectural Consulting to proceed with the design.

Mr. Joe Wynn of Heery addressed the Board with the functional requirements of the community center would be space for the following activities: a performing arts theater, a large multi-purpose meeting space, small group meeting rooms, commercial warming kitchen and office and support spaces totaling 5,387 square feet of gross building area. He said that the main functional requirements for the recreational facility would be a gymnasium with elevated running track, a competition indoor swimming pool, fitness room, aerobics room, locker and shower facilities, staff administrative offices, concessions, classrooms, childcare center and support spaces that totals 66,600 square feet of gross building area.

David King of Heery International reviewed the design concepts of the existing W. E. Hunt Center and the proposed modification of adding additional lobby space between the gym and the main structure with upgrades of rest rooms and locker rooms.

Commissioners talked about some of the specifics of the proposed facilities.

Commissioner Atwell said he understands that the town is faced with phasing the project or having to choose the cultural arts facility due to partnering with Wake County, but he feels the greater need for the community is the recreational center. He hopes the town would choose building a recreation center because it would serve the most people. He stressed that he would like to see both, but that he feels the recreation center could serve a dual role until a dedicated cultural arts center could be built.

Mayor Sears at this time yielded the floor to residents who wanted to address the community center and recreation center.

Kathy Hamilton Brown of 324 Hallwood Court, a member of the Holly Springs Parks and Recreation Advisory Committee and citizen of Holly Springs gave a brief definition of a cultural arts center and community center and feels that the Board needs to clarify the two types of centers. She said there has been some confusion of the two centers among the public and how the town uses the wording of the two types of centers.

Commissioner VanFossen asked the town to do a news release to clarify the two types of centers and their programming uses.

Commissioner Atwell said for clarification the Library Bond that was voted by the people was for funding of the library only and the construction of the cultural arts center is a separate cost to the Town of Holly Springs and not part of the bond referendum.

Mr. Dean said the Board can discuss this item at the budget workshop.

Action: The Board directed town staff to proceed with the Cultural Arts Center design concept to be further discussed at the budget workshop.

7b. FY 2004-05 Proposed Budget -- Mr. Dean distributed his recommended FY 2004‑05 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.

Mr. Dean said that the Town has experienced a great deal of positive growth over the past several years enhancing the Town’s ability to improve services provided to its citizens. He said that as the Town continues to develop, a vision should be maintained as to how the community will grow while maintaining the quality of life expected by its citizens. He said that this vision should include quality services and programs that address the needs of citizens, economic development in keeping with our community, and adequate infrastructure to meet the requirements of our growing Town. Mr. Dean said that the proposed budget is designed to meet the needs for the next year. He reviewed the revenues and utility funds; and the expenditures of the general and utility funds with the Board members.

Mr. Dean said that the salary requirements for next year include a recommended 2% cost of living adjustment (COLA) across the board. He said funding is provided in each department for merit/performance pay in the amount of 3% of salaries. He said the salary budget also includes a 5% 401(k) contribution and longevity benefits.

Mr. Dean said that the employee health insurance has been budgeted at an 11.7% increase in the rates for next year, which is a target number at this time. He said the insurance costs are increasing dramatically, and staff is presently unsure what the final number will be. He said that staff is proposing to raise the Town’s portion of employee’s rate from $25 to $40 for employee dependent costs. He said that the town is also checking the insurance market for additional quotes to insure these rates are competitive.

Mr. Dean said that with the current economic environment, our goal is to create a budget that will maintain and improve services to citizens while still controlling the costs for these services. He said that he feels the Town has a solid and conservative budget for next year.

Mr. Dean said that as part of the budget process, staff feels it is important to have new residential developments absorb additional expenses for infrastructure rather than passing costs on to existing citizens. He said to that end, the town is proposing to increase the transportation fees from $900 to $1000 in order to address immediate transportation needs. He said that in addition, the town is proposing to remove the water acreage fees from the operating budget to go directly into reserve accounts. He said that it is important that the Town gradually reduce dependence of impact fees and charges for operating expenses and to continue to attempt reducing these charges in future budgets to eliminate potential financial problems within the operating budget.

Mr. Dean said that as town staff proceeds into the next several years, staff will continue to evaluate projects and personnel needs as they relate to the provision of services. He said the town still has several substantial projects (WWTP, library/cultural arts center, fire station) which will need to be addressed during this time period, therefore it will be important to prioritize programming needs with future budgets. Mr. Dean said that he will continue to work with the Board, staff, and citizens to establish our goals and objectives as the Town grows to provide the level of services expected.

Mr. Dean said that Town staff has been instrumental in the development of this document, and feels they have done a good job of controlling costs while providing service levels expected by the Town Board and our citizens. Mr. Dean said that this budget is his best estimate of what the town should expect next year, and feels it represents a fair assessment of our anticipated revenues and expenditures.

Mr. Dean said that this budget reflects staffs recommendations based on department meetings, evaluation of existing service needs, and input from the Town Board. He said that he would like to say a special thanks to our Town department heads—especially finance director Drew Holland—for their time and effort in the preparation of this document. Without their help, this budget could not have been developed to address both present and future service needs.

Mr. Dean said that the FY 2004-2005 Budget represents a level of funding that will allow the Town to maintain and improve current service levels while making organizational changes, which should be cost effective and more efficient. He said that it is important to note that with any budget, external forces can effect these projections, and it is for that reason that the figures proposed in the FY 2004-2005 Budget are a very conservative forecast of our revenues and expenditures for the next year.

Mr. Dean said that the next step is to set a date for a budget workshop to discuss the proposed budged and to continue discussion on the proposed cultural arts and community centers.

Action: The Board made a motion to set a budget workshop for Wednesday, May 19, 2004 at 5:00 p.m. in the Town Hall Holleman meeting room to review, discuss and give direction for the proposed FY 2004-05 budget plan and discuss the budgeting needs of the proposed cultural arts and community centers.

Motion By: Atwell

Second By: Dickson

Vote: Unanimous

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

8a. Resolution 04-23 ‑ Resolution 04-23 authorizing the Town Clerk to investigate the sufficiency of annexation petition A04-06 filed by Lattie F. and Renee Floyd and set a public hearing on the proposed annexation for May 18, 2004 was adopted. A copy of Resolution 04-23 is incorporated into these minutes as addendum pages.

8b. 2004-05 Town of Holly Springs CAMPO Transportation Improvement Plan – Removed from the Consent Agenda during Agenda Adjustment to new business item 10i.

8c. Recreation Advisory Committee Appointment – The Board appointed Randy Adamson to serve on the Recreation Advisory Committee for a term to expire June 30, 2006.

8d. World Changers and Budget Amendment, $9,800 – The Board approved authorizing the use of $9,800 for the community improvement project proposed in partnership with World Changers and adopted a budget amendment in the amount of $9,800.

A copy of the World Changers project list and budget amendment is incorporated into these minutes as addendum pages.

9. Unfinished Business: Sunset Oaks PUD Amendment, 02-PUD-02-A02 - Removed from New Business during Agenda Adjustment to be considered at the May 18,2004 Town Board meeting.

10a. Town of Holly Springs Fire Station 04-MAS-01 - Ms. Bailey said this request is for approval for a preliminary plan for the town’s fire station located on Holly Springs Road. She said the Town is currently working with the Moravian Church to acquire additional right of way easement for a public street to connect with the adjacent Rhamkatt PUD property. She said that in the event that the town can not obtain the right of way easement from the church the plan proposes construction of a temporary gravel access and parking area to the northern side and rear of the property. She said that according to Unified Development Ordinance (UDO) Section 9.05, B., 7., subdivisions involving new public streets qualify as major subdivisions, and must go through the full review process which includes a recommendation from the Planning Board and final decision by the Town Board. She said the property is designated as moderate density residential in the Ten Year Comprehensive Growth Plan and the subdivision is compatible with this designation.

Commissioner Atwell asked if the town should proceed forward with the approval of the plan without the right of way dedication to the rear of the property. Commissioner Dickson said the town has the option of condemning the property. Ms. Bobber said the Boards’ decision does not lock the town into this proposed plan. She said the Board can approve the concept of the right of way at the rear of the property.

Action: The Board approved a motion to approve Preliminary Plan #04-MAS-01 for a subdivision and a new public street for the Town of Holly Springs Fire Station as submitted by Mauldin-Watkins Surveying, P.A., Job Number 2629, dated Revised November 18, 2003.

Motion By: Atwell

Second By: Womble

Vote: Unanimous

10b. Sunset Oaks, Phase 12, 04-MAS-05 – - Removed from New Business during Agenda Adjustment to be considered at the May 18,2004 Town Board meeting.

10c. Sunset Oaks Activity Center, 04-DP-01- Ms. Bailey said that this proposal is for the approval of Development Plan 04-DP-01, Sunset Oaks Activity Center for a 5.97 acre site located in Sunset Oaks PUD on Optimist Farm Road. She said the developer is proposing to build an activity center with a clubhouse, pool, waterslide, and shelter. Ms. Bailey said the plan is compatible with the medium-density residential growth and meets the requirements of the Ten Year Comprehensive Growth Plan.

Ms. Bailey said that a 25-foot Type C-75 opaque landscape buffer is provided along Optimist Farm Road, and a Type A-20 open landscape buffer is provided around the perimeter of the property. She said the foundation plantings, interior parking landscaping, and parking lot screening meet or exceed the UDO requirements.

Ms. Bailey said the building will primarily be made of red hardiplank siding with a board and batten look. She said the foundation will be of cultured stone and the roof of gray standing-seam metal.

Ms. Bailey said that a 4 foot decorative aluminum or wrought iron fence is proposed to encompass the pool area; the UDO states that the minimum height for a fence surrounding a pool is 5 feet. She said that this discrepancy is addressed in a condition of approval.

Mr. Jim Earnhart the developer of Sunset Oaks said that this project is in the early planning stages and request the board to be flexible in the color of the proposed siding, roof materials, and the foundation materials.

Mr. Earnhart asked for clarification of the following comment “Construction easements for future widening of Optimist Farm Road (pending evaluation of need for such easements). “

Ms. Sudano explained to the Board that this is only a recommendation for a temporary construction easement for future widening and development. She said the meaning is to dedicate additional 5 feet for a temporary construction easement on the site plan for future widening. She said that the easement will convert back to the property owner after the roadway is constructed.

Commissioners talked about some of the specifics of dedicating temporary construction easements and felt there was not a need to implement that policy at this time.

Action: The Board approved a motion to approve Development #04-DP-01 for Sunset Oaks Activity Center as submitted by Tony M. Tate Landscape Architect, PA, dated Revised April 4, 2004, with the following conditions:

The minimum height of the fence enclosing the pool area shall be 5’ in height as required by UDO Section 2.08, A. b., (3).
A UDO permit for sign Installation shall be obtained from the Department of Planning & Zoning prior to the installation of any signage, temporary (including temporary signs erected before and during the construction phase) or permanent.
The following items are to be included on 1^st submittal of construction drawings (later in the approval process):

§ Pool drain details

§ Show plantings outside the NRB

§ Construction easements for future widening of Optimist Farm Road (pending evaluation of need for such easements) – this is a recommendation.

§ Developer to work with town staff for suitable building materials and building elevations.

Motion By: Atwell

Second By: Taylor

Vote: Unanimous

At this time Commissioner Atwell made a motion to excuse Commissioner VanFossen. The motion was seconded by Commissioner Dickson, and the vote was unanimous.

10d. Holly Springs Medical Center, 00-COM-18-A02 Amendment - Ms. Bobber explained that this proposal is for the approval of an amendment to Development Plan #00-COM-18-A02 Holly Springs Medical Center to implement a Master Sign plan for the medical facility located at the intersection of Holly Springs Road and Johnson Street. She said the Master Sign plan includes a request for a waiver to utilize the square footage that would have been allowed for wall signs to increase the size of the ground signs in accordance with the provisions of the UDO. She said the plan will utilize the same style ground signs that were approved under the former Holly Springs Zoning Ordinance and that is presently located on the property.

Mr. VanFossen said the request is for a waiver to utilize the square footage that would have been allowed for wall signs to increase the size of a ground sign in accordance with the provisions of the UDO.

Commissioners talked about some of the designs and size of the existing sign and the proposed sign.

Action #1: Waiver of UDO regulations to utilize the square footage allowed for wall signs to increase the ground sign size. The Board made a motion to make, accept the Findings of Fact and direct the Town Clerk to record the Findings in the minutes to allow for a waiver to utilize the square footage allowed for wall signs to increase the ground sign size in accordance with the regulation of UDO Section 7.03 Sign Regulations in association with Development Plan #00-COM-18-A02 Holly Springs Medical Center as submitted by Chet Van Fossen.

Motion By: Atwell

Second By: Taylor

Vote: Unanimous

Action #2: Action on Waiver of UDO regulations to utilize the square footage allowed for wall signs to increase the ground sign size. The Board made a motion to approve having made the findings of fact that the Petition meets the requirements be granted a Waiver of regulations of UDO Section 7.03 Sign Regulations, the Board made a motion to approved to utilize the square footage allowed for wall signs to increase the ground sign size for Development Plan #00-COM-18-A02 Holly Springs Medical Center as submitted by Chet Van Fossen, dated received April 13, 2004 with the following condition:

1. A UDO Permit for Sign Installation shall be obtained from the Department of Planning & Zoning prior to the installation of any signage.

2. The architect work with Town staff on the design and size of the sign.

Motion By: Atwell

Second By: Womble

Vote: Unanimous

Waiver Findings of Fact of UDO regulations to utilize the square footage allowed for wall signs to increase the ground sign size.

(1) The Proposed Signs are harmonious with the buildings and sites they occupy;

(2) The Proposed Signs will not create a hazard to motorists or pedestrians resulting from the sign, location, size or configuration;

(3) The Proposed Signs will not increase the total combined sign surface area allowed for the front sign zone, interior sign zone and building signs on the lot, out lot, integrated center, business park, industrial park, subdivision or building served by the proposed signs;

(4) The Proposed Signs will result in an overall pattern of signs for the lot, out lot, integrated center, business park, industrial park, subdivision or building which is equivalent or superior to that achievable under the applicable regulations;

(5) The proposed signs will be compatible with and will enhance the use or value of area properties;

(6) The proposed signs are consistent with the intent of the Comprehensive Plan; and

(7) The proposed signs are consistent with the intent and purpose of this UDO.

Commissioner Atwell made a motion to readmit Commissioner VanFossen. The motion was seconded by Commissioner Dickson, and the vote was unanimous.

10e. Sunset Oaks, Phase 12 Developers Agreement Amendment - Ms. Sudano explained the request before the Board is an amendment to the Sunset Oaks PUD developers’ agreement. She said that when the original PUD was approved, a developer agreement was also approved which set forth terms that also apply to development.

Ms. Sudano said that the developer is requesting that Sunset Oaks Phase 12 be approved by the Town under the same conditions, and therefore be added to the developer agreement. She explained to the Board the following amendments:

(1) A fixed (reduced) payment in lieu fee for downstream sewer improvements in the

amount of $1100 be paid for each unit developed; approval for the payment of the fee to be delayed until issuance of building permit for each unit; this fee is specified to have an ultimate cap of $900,000 (this maximum amount/cap will remain the same);

(2) The developer shall be required to re-align the nearby (off-site) Optimist Farm Road

intersection with Sunset Lake Road (in accordance with terms of the developer agreement) in place of widening the roadway frontages along the project as required by Town ordinance; under terms of the agreement payments of street fees-in-lieu specifically may not be credited against the off-site intersection improvements or any other roadway improvements required for the project, and must be paid to the Town;

(3) The requirements for a waterline extension along the frontage of the existing

roadways (Exhibit B will need to be amended in this instance);

(4) The requirements for right of way dedication along the frontage of the existing

roadways (Exhibit D will need to be amended in this instance);

(5) Reservation of sewer capacity for 600 units shall be guaranteed by the Town (the

number of units shall remain the same);

(6) The recreation fees-in-lieu will be credited in exchange for dedication of land for

greenways and open areas.

Ms. Sudano said that all other terms of the agreement would also apply to Sunset Oaks Phase 12.

Action: The Board made a motion to approve the amendments of the Sunset Oaks Phase 12 developers’ agreement as listed above.

Motion By: Atwell

Second By: Womble

Vote: Unanimous

A copy of Sunset Oaks Developers Agreement amendment is incorporated into these minutes as addendum pages.

10f. Town Facilities Interconnection of Phone and Data Services – Mr. Dean explained to the Board that town staff has been working towards interconnecting the phone and data services among various town facilities to increase efficiency and reduce costs. Mr. Dean said the Board has two agenda sheets describing two methods of accomplishing this: one using a leased fiber optic line with Time Warner Cable and the other using wireless technology infrastructure that the Town would own.

Mr. Tayler said that he discussed with Time Warner the issue of interconnectivity between the Town facilities to improve efficiency and capabilities. He said the estimated cost for connecting the -- Town Hall, Public Works and Hunt Center -- is quoted at $3,009 per month. He said currently, the Town is paying $3,285 for Time Warner internet service and phone service from Sprint. He said that with the implementation of the fiber optic cable, the phone lines at each facility would be reduced to one line (a fax line), thereby eliminating $1,141 of the current monthly phone bill with a savings to the Town of $276 per month.

Mr. Tayler said that the installation cost of the fiber optic cable would be $7,000 and that he would recommend approval of using method one - using a leased fiber optic line with Time Warner Cable.

Mr. John Moore of Time Warner Cable Commercial Services reviewed with the Board members the following: how fiber optic works, the fiber optic relay system, the transmitter, and the regenerator and receiver. Mr. Moore said the advantages of using fiber optic system are the town would be the owner of the cable; it would be less expensive, thinner than using copper wire, higher carrying capacity, less signal degradation, low power, digital signals, non-flammable, lightweight and flexible for the use of digital camera for medical imaging, mechanical imaging and plumbing for sewer line inspections. Mr. Moore said the service agreement would be to connect three (3) town facilities; Town Hall located at 128 S. Main Street, Public Works facilities at 101 Thomas Mill Road and the W. E. Hunt Community Center at 301 Stinson Avenue.

Mr. Dean said pursuant to the Town Board's discussion at the annual retreat, staff obtained information regarding implementing a wireless internet access "hotspot" in town which would allow users with mobile devices (laptops, PDAs) to access the internet and town website via wireless connection in certain areas of town, such as the downtown core. Mr. Dean said that Randy Choplin of Windchannel Communications is a local vendor of wireless technology will present a proposal and presentation of the possibility of connecting certain town facilities for same services.

Mr. Randy Choplin, CEO of Windchannel presented the Board with a power point presentation proposing to interconnect certain town facilities such as the Wastewater Treatment Plant and Bass Lake Community Center for high-speed internet access and phone services. He said the advantage of using the municipal fixed wireless broadband system would be the point multipoint system for facility connectivity, voice, video, and data and 20 Mbps links will connect the W. E. Hunt Community Center, Bass Lake facility, Holly Springs Fire Station, Public Works and Wastewater Treatment Plant facilities. Mr. Choplin continued with a list of other municipalities that are currently using or in the process of installing wireless broadband service system. He said the estimated cost for connecting all facilities -- Town Hall, Public Works, W. E. Hunt Center, Wastewater Treatment Plant and Fire Station – for a one time fee for equipment is quoted at $15,730.00, a one time fee for installation, maintenance and support $4,800.00 and a monthly fee of $1,250.00.

Action: The Board approved a motion to authorize staff to negotiate a contract with WindChannel Communications for interconnection of phones and data services to the Town facilities (Town Hall, Public Works, W. E. Hunt Center, Wastewater Treatment Plant and Fire Station) for the installation of Private Broadband System and Public WiFi access systems in the amount of $20,530 and a monthly cost of $1,250.00.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

A copy of Wind Channel Communication proposed quote is incorporated into these minutes as addendum pages.

10g. NC 55/Holly Springs Road Intersection, and Holly Springs Road from Johnson Street to Holly Crossing Shopping Center Project - Ms. Stephenson said the proposal is for a contract for professional services for the materials and testing services for the NC 55/Holly Springs Road intersection and Holly Springs Road from Johnson Street to Holly Crossing shopping center. Ms. Stephenson said the services include; the sub grade and asphalt density and thickness testing as well as concrete psi testing. She said this type of specialized testing is required from a licensed testing professional with approved testing equipment, is necessary for all roadway construction work performed within the NCDOT right of way. Ms. Stephenson said the town inspectors will be providing all other inspections.

Action: The Board approved a motion to enter a professional services agreement with Geo Technologies, Inc., in an amount of $17,577 (contingency not included) for materials and testing for the NC 55/Holly Springs Road intersection and Holly Springs Road from Johnson Street to Holly Crossing Shopping Center.

Motion By: Atwell

Second By: Dickson

Vote: Unanimous

A copy of the Geo Technologies, Inc., agreement is incorporated into these minutes as addendum pages.

10h. Sunset Lake Road/Holly Springs Road Project – Ms. Stephenson said that this request is for approval of a contract for professional services for materials and testing required by North Carolina Department of Transportation (NCDOT), on the Sunset Lake Road and Holly Springs Road intersection project. She said that the services include; the sub grade and asphalt density and thickness testing as well as concrete psi testing. She said this type of technical testing is required from a licensed testing professional with the approved testing equipment is necessary for all roadway construction work performed within the NCDOT right of way. She said the Town inspectors will be providing all other required inspections and oversight.

Action: The Board approved a motion to enter a professional services agreement with Engineering Consulting Services, LTD, in an amount of $14,239.00 (includes contingency) for materials and testing for the Sunset Lake Road and Holly Springs Road intersection project.

Motion By: Atwell

Second By: VanFossen

Vote: Unanimous

A copy of the Engineering Consulting Services, LTD, agreement is incorporated into these minutes as addendum pages.

The Board considered the consent agenda item 8b at this time.

10i. 2004-05 Town of Holly Springs CAMPO Transportation Improvement Plan – Ms. Stephenson said that as a member of the Capital Area Metropolitan Planning Organization (CAMPO), we are participating in the update process of the area's high priority transportation needs list. She said that the participation in this process includes development of a Transportation Improvement Program (TIP), presented from CAMPO to NCDOT for transportation funding.

Ms. Stephenson said that the Town Board approved the Town's last TIP request list a couple of years ago, and was permitted to include 9 projects (in 3 different categories) on the list. She said this year, the Town is permitted to submit a TIP list including 20 projects (in 4 different categories), increased due to the Town's increased population. She said that all MPO members' lists will be evaluated and ranked by CAMPO and then submitted in one list to NCDOT as a request for funding and construction over the next 7 years.

Ms. Stephenson reviewed the draft summary of staff’s recommended projects, as well as a sheet describing the location of each requested project.

Commissioner VanFossen asked why is there two sidewalks proposed for Earp Street. He recommended proposing one crosswalk and with one sidewalk.

After much discussion among the Board, the Board decided to leave the plan as presented.

Action: The Board approved a motion to approve of the Transportation Improvement Plan (TIP) list to be submitted to Capital Area Metropolitan Planning Organization CAMPO.

Motion By: Atwell

Second By: Womble

Vote: Unanimous

11. Public Comment: This section of the agenda was addressed when the Town Board allowed citizens desiring to speak to do so earlier in the meeting.

12. Other Business: Mr. Schifano asked the Board to consider adoption of Resolution 04-24 authorizing the Town to condemn property for obtaining right of way in the Sunset Lake Road intersection project.

Action: The Board made a motion to adopt Resolution 04-24 authorizing the town to condemn property for obtaining right of way in the Sunset Lake Road intersection project.

Motion By: VanFossen

Second By: Dickson

Vote: Unanimous

A copy of the Resolution 04-24 is incorporated into these minutes as addendum pages.

Mr. Schifano said that the Planning Board has expressed an interest to meet with the Town Board to clarify the expectations of the Planning Board.

Commissioner VanFossen said that he felt one of the Planning Board concerns was that the board was not included in the Comprehensive Land Use Plan revisions.

Commissioners talked about setting a date to meet with the Planning Board and to get back with the Board for scheduling.

Commissioner VanFossen gave a report on the rail system and it concerned him how the money is being spent.

Commissioner Womble said that he was uncomfortable with the appearance of the properties within the industrial park and that the area needs to be cleaned up. Mr. Schifano said he was in the process of submitting a law suit on the General Concrete property to bring them into compliance and the town could look into the other properties as well.

Commissioner Womble asked if there were additional money or bonds that could be used for a mini-park for property within the Sunset Lake Road and Holly Springs Road area. Commissioner VanFossen said that could be discussed at the budget workshop.

13. Manager’s Reports: Mr. Dean invited the Commissioners to the Towns’ employee health fair on May 6, 2004 between 11 a.m. – 2 p.m.

14. Closed Session: None.

15. Adjournment: There being no further business for the evening, the May 4, 2004, meeting of the Holly Springs Board of Commissioners was adjourned at 12:18 a.m. following a motion by Commissioner VanFossen, a second by Commissioner Atwell and a unanimous vote.

Respectfully Submitted on Tuesday, May 18, 2004.

_________________________________

Linda R. Harper, CMC

Deputy Town Clerk

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