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Town of Holly Springs Board of Commissioners Regular Meeting Tuesday, Oct. 5, 1999 MINUTES The Holly Springs Town Board of Commissioners met in regular session on Tuesday, Oct. 5, 1999 in the Town Board meeting chambers, located in Town Hall, 128 S. Main St. Mayor Gerald W. Holleman presided, calling the meeting to order at 7:35 p.m. A quorum was established as the mayor and all five board members were present as the meeting opened. Board Members Present: Commissioners Tim Sack, Ken Martin, Parrish Womble, Bill Banks and Hank Dickson and Mayor Holleman. Board Members Absent: None. Staff Members Present: Richard B. Self, town manager; Ernest C. Pearson, town attorney; Joni Powell, town clerk (recording the minutes); Len Bradley, parks and recreation director; Cecil Parker, chief of public safety; Stephanie Sudano, director of engineering; Luncie McNeil, director of Public Works; and John Ellis, director of finance. 2 and 3. The pledge of allegiance was recited, and the meeting opened with a moment of silent meditation. At this time, Mayor Holleman announced that he will end his 9-year career as an employee with the Town of Holly Springs with retirement, effective Dec. 31, 1999. He said he felt the Town was headed into the next century with capable leadership and that now was the right time for his retirement. No action taken. Mayor Holleman then reported on his attending the Wake County Board of Commissioners meeting to advise that board that the Town of Holly Springs is in opposition to a proposed construction and demolition landfill near Apex. He said he would attend the public hearing on Oct. 12 to voice this opposition to the Wake County Board of Adjustments. He asked the Town Attorney to prepare a case for the Town to present to the Board of Adjustments. Mayor Holleman then reported that Hwy. 55 Bypass construction contract bids will be opened tomorrow and that construction would begin shortly thereafter. 4. Gene Meyer Communication - Resident Gene Meyer addressed the Board regarding the possibility of having a Relay for Life in Holly Springs and Fuquay-Varina to benefit the American Cancer Society. Mr. Meyer said it is hoped an event could be held in the spring of 2000. He said anyone interested can contact him at home or by email. The event is set up to put people together in teams to raise money. Then, the teams get together at a 24-hour marathon event to celebrate cancer survivors and to celebrate a successful fund-raiser. No action taken. 5. Public Comment Period -- At this time, the public was given a 15-minute opportunity to address the Board on any variety of issues. The following members of the public addressed the Board: Glen Myrto, Ballentine Street - Mr. Myrto addressed the Board regarding the availability of information in advance of public hearings. He suggested that when a public hearing is scheduled that more descriptive information of the topic be compiled and be made available through an organized distribution system. He said he felt led to address this issue because he faces an unfamiliar topic on Oct. 19, the change in form of government. His point is that he would like to see more emphasis on the topics of public hearings so that people know what they are providing input upon in advance of the public hearings. Michelle Krohn and June Deason - Ms. Krohn and Ms. Deason are representatives of the Community-Wide Food Bank. They explained the program and asked Board members to keep them in mind for referrals of those in need of food items. They also are looking for volunteers. No action taken. 6. Agenda Adjustment - Commissioner Womble moved that the Oct. 5, 1999 meeting agenda be adopted with the changes, if any, as listed below. Commissioner Banks seconded the motion, which carried unanimously. Items Added: Consent Agenda Items Moved to New Business: Item 8f., preliminary plan for Ballenridge Phase 2, was moved to 7d. 7a. Traffic Signal - Mrs. Sudano reported to the Board on an Oct. 1 meeting with NCDOT and an engineering firm to discuss the scope of work for design of a traffic signal at the Hwy. 55/Cayman Avenue intersection. Mrs. Sudano reported that design of a wood pole signal would cost $9,000. Metal pole design would cost $14,000. Design and installation is estimated at $60,000. She reminded the Board that there is currently no funding available for this design study, nor installation.. Commissioner Sack summarized that the Town has no money budgeted for any of this work. He said he felt that the Board would be setting a precedent with a very expensive project if it were to vote to fund the project from town coffers. Mayor Holleman suggested that the Board defer action on this item until he has some time to lobby officials at NCDOT to move the light up on the priority list. Commissioner Banks encouraged Mayor Holleman to work diligently to do what he could because it was a very expensive project that the Town cannot afford. He said the light was needed, but the precedent set would be a hard one to follow. Action: Commissioner Martin moved that item be deferred until Oct. 19. Commissioner Dickson seconded the motion, which carried unanimously. 7b. Water Shortage Response Plan - Mrs. Sudano explained to the Board that a condition of Jordan Lake water allocation approval was for the Town to adopt/approve a Water Shortage Response Plan. She presented a draft plan for the Board's consideration. The draft, she explained, represents a summary of what the Town has in place already with some "enhancements," such as written plans for conservation notifications and the appointment of a local Water Shortage Management Task Force. Action: Commissioner Sack moved that the Town adopt the Water Shortage Response Plan. Commissioner Martin seconded the motion, which carried unanimously. A copy of the Water Shortage Response Plan is incorporated into these minutes as addendum pages. 7c. Resolution 99-41 - The Board was presented in their agenda packets proposed Resolution 99-41, a resolution in support of a doctor who is looking to locate his internal medicine practice in Holly Springs. The doctor is bound to a contractual stipulation with his former employer that may prevent his locating his office in Holly Springs. Dr. Alexander Newman introduced himself to the Board and made known his position. He asked for the Board's concurrence that his services are needed in Holly Springs. He also asked that the Board make a public appeal to his former employer to waive enforcement of the non-competition clause so that his locating in Holly Springs would be possible. Action: Commissioner Banks moved that Resolution 99-41, a resolution in support of Dr. Alexander Newman, be adopted. Commissioner Dickson seconded the motion, which carried unanimously. A copy of Resolution 99-41 is incorporated into these minutes as addendum pages. 7d. Ballenridge P.U.D. Phase 2 - Commissioner Dickson said he wanted to pull this item off the Consent Agenda for further discussion. He suggested that the financial impact study that is being prepared for new developments also be applied to current projects and phases. Action: Commissioner Dickson moved that action on this topic be deferred until a legal opinion is rendered as the economic analysis formula is devised and applied to Ballenridge Phase 2. The town manager, town attorney and mayor said there may be legal ramifications. Commissioner Martin seconded the motion. In discussion, Commissioner Banks said he was concerned that the Town was imposing new rules on existing projects and it posed a serious legal liability. Commissioner Martin said he seconded the motion in order to generate discussion of the topic. He said he was concerned that the developer of Ballenridge may have strong legal stand in that he has made a substantial investment in the Town of Holly Springs based on already-approved plans and that changing standards or holding him up from progressing with his development would be indefensible in court. Commissioner Sack reminded the Board that the topic in question is a phase of an already-approved master plan and that the Town would be changing rules in midstream. He said he also felt that it was not appropriate to hold any business to a standard that has not yet been developed. Commissioner Womble agreed that it was not prudent to put the Town in a legal liability situation and agrees that the cost analysis should be applied only to new submissions of plans. Commissioner Sack said that no one disagrees with the point that new residential subdivision plans must be analyzed as to their economic impact on the Town, but that the Town should be fair and equitable in applying the policy, once it is developed, to new submissions and not existing projects, which already have been approved based on available water and sewer capacity. Vote: The motion to defer action on Ballenridge Phase 2 failed to carry following a 4-1 vote. Commissioner Dickson voted for. Commissioners Sack, Martin, Womble and Banks voted against. Action #2: Commissioner Womble moved that the preliminary plan for Ballendridge P.U.D. Phase 2 be approved. Commissioner Banks seconded the motion, which arried by a 4-1 vote. Commissioners Sack, Martin, Womble and Banks voted for. Commissioner Dickson voted against. Direction: Mayor Holleman suggested that a legal opinion be rendered to explain whether or not the developed policy could be applied safely in the future to existing projects. He said he would hesitate to do so tonight on this particular plan because the ramifications had not be studied. Commissioners agreed that would be a prudent course of action. 8. Consent Agenda -- Commissioner Dickson moved that all remaining items on the Consent Agenda be approved. Commissioner Banks seconded the motion, which carried unanimously, affecting the following actions: 8a. Billboard Ordinance - The Board set a public hearing date of Tuesday, Oct. 19, 1999 to receive input on proposed Ordinance 99-9. If adopted following a public hearing on Oct. 19, 1999, the ordinance would make off-site advertising signs (including billboards and other off-premise signs) illegal. 8b. Rezoning Petition 99-R-15 - A public hearing date of Oct. 19, 1999 was set to receive input on Rezoning Petition 99-R-15, a request to rezone 14.86 acres located on Bass Lake Road opposite Hillspring Lane from R-10 to Traditional Neighborhood. 8c. Resolution 99-37 - Ratifying a motion carried on Sept. 7, the Board adopted Resolution 99-37 endorsing a Wake County planning staff proposal to amend the county's Land Use Plan to identify "short-range urban services areas." The resolution also includes endorsement of the county's imposing in-town development standards in these areas. A copy of Resolution 99-37 is incorporated into these minutes as an addendum page. 8d. Resolution 99-38 - Ratifying a motion made and carried on Sept. 7, the Board adopted Resolution 99-38, a resolution to oppose a Special Use Permit application filed to Wake County for a construction and demolition landfill near Apex. A copy of Resolution 99-38 is incorporated into these minutes as an addendum page. 8e. Resolution 99-42 - The Board adopted Resolution 99-42, a resolution designating the Town Manager as the Town's agent in processing FEMA documents. A copy of Resoluion 99-42 is incorporated into these minutes as an addendum page. 8f. Ballenridge P.U.D. Phase 2 - This item was removed from the Consent Agenda and was acted upon under New 8g. Minutes - The Town Board approved minutes of its regular meeting held on Sept. 7, 1999. 9. Other Business -- 9a. Board of Adjustments Request - The Board had received in agenda packets a request from the Board of Adjustments for a joint special workshop geared toward the discussion of manufactured housing in Holly Springs. Town manager suggested that planning and zoning instructor from Institute of Government could be helpful in this involved discussion. He suggested that he get with this person and check his schedule for availability. Action: None. 9b. Mata Report - Mr. Pearson reported to the Board that Mrs. Elizabeth Mata had filed a protest following the issuance of a Special Use Permit for Arbor Creek Animal Wellness Center. Mr. Pearson reported that attorneys for both sides got together with their clients and have advised that they have come up with a plan that appeals to everyone. He said some details still needed to be worked out, but that both sides are cooperating at this time. Mr. Pearson recommended that the Town provide a tolling agreement, a legal mechanism that would give both sides time to iron out remaining differences. Commissioners agreed. 9c, Time Warner - Mr. Self reported to the Board that Time Warner and another company are involved in a buy-out, and Time Warner is asking for the Town's agreement of the transfer. He suggested that the Town Board wait until the Triangle J Council of Governments studies the proposal and offers a recommendation. Action: Commissioner Sack moved that the Board delay any approval of transfer of ownership in the Time Warner deal. Commissioner Martin seconded the motion, which carried unanimously. 9d. Volunteers - Mr. Self reported on town staff who have been helping in eastern North Carolina. He said members of the Town's Public Works, Public Safety and Building Inspections departments have been working in town's ravaged by Hurricane Floyd floodwaters. 10. Mayor's Report - Mayor Holleman reported that a full-service nursing care home is applying to the state for approval and he will go to hearing on Oct. 19 to speak in support of the applicant. He said the company has an option on four acres for apartments for the elderly. 11. Commissioners Reports: Commissioner Dickson - Commissioner Dickson reported that at recent Triangle J Council of Governments he learned about water reclamation. Commissioner Banks - Commissioner Banks requested a project report from the town manager. He also asked that when the Town reaches certain landmarks in these projects, that it is reported. Commission Womble - Commissioner Womble said there are no street lights in newly-annexed areas (Grigsby Avenue beyond extension, including Estes Lane.) Mrs. Sudano reported that the lights should be installed by first of the year. Commissioner Martin - none. Commissioner Sack - Commissioner Sack suggested that the Town Manager look at Apex's success in reaching into community in helping to plan and put on special events like Labor Day and Holly Days. He said he would like to see organizations get involved together so participation would be increased and so a single calendar of events can be coordinated. Commissioner Sack said he was dismayed that another demolition landfill had applied for a permit from Wake County. Commissioner Sack asked for a status of the sidewalk project on Raleigh Street. Mrs. Sudano said the project has been designed; that easement maps came in about three weeks ago; and that she met with the attorney this morning to begin title search, which will take between two and three weeks. She said acquisition of easement will follow with a realistic construction time being next spring. Commissioner Sack then said he takes exception to campaign literature that states that this board voted for the Wake County firing range and the South Wake Landfill. He clarified that the Board did not do so and that both claims are falsities. He said the impression has been given that the current board had a role in the vote for the dump and the firing range, when in fact, the current board adopted resolutions in opposition to both Wake County projects. He asked that distribution of the false literature be stopped because it was upsetting and not of good service to the public. Commissioner Martin said he shared those feelings. 12. Closed Session - None. 13. Adjournment - There being no further business, the Oct. 5, 1999 meeting of the Holly Springs Board of Commissioners was adjourned at 9:30 p.m. following a motion by Commissioner Banks, a second by Commissioner Dickson and a unanimous vote.
Respectfully Submitted on Tuesday, Oct. 19, 1999,
______________________________ Joni Powell, CMC Town Clerk Addendum pages, as referenced in these minutes, follow and are a part of the official record of this meeting.
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