Town of Holly Springs

Board of Commissioners Regular Meeting

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, Nov. 2, 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 8:03 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; Jennifer Carr, director of planning and community development; and Patt Crissman, town planner.

Others Present: Mr. Bob Jessup, attorney.

2 and 3. The pledge of allegiance was recited, and the meeting opened with a moment of silent meditation.

4. Election Results – Mayor Holleman announce the local poll results. Results from the three polling places do not take into account absentee or provisional ballots, so the results are preliminary and considered unofficial until canvassed by the Board of Elections later in the week.

With all polls reporting, the following are the results: Peter Atwell, 477; Greg W. Brown, 32; Debra A. Collins, 191; Dave Ewing, 96; Mark Fowle, 30; George L. Hamzik, 262; Ken Martin (incumbent), 291; John P. Schifano, 383; and Delores Beckwith Wilson, 179.

The two top vote-getters, at this time, appear to be Peter Atwell and John Schifano.

After results are canvassed and verified, these candidates will be seated to the Board of Commissioners on Tuesday, Dec. 7, 1999.

Action: None.

5a. Public Hearing: Ordinance 99-10, Town Center District – Mrs. Carr explained that this proposed ordinance has been drafted to establish a Mixed Use District for the Town Center. Accompanying design standards describe architectural and site design standards to ensure development in accordance with the Town Center Master Plan as designed by Joe Hakan and adopted by the Town Board.

Mrs. Carr explained that the Planning Board has not yet reviewed the ordinance, but will be considering it at the Board’s November meeting. No action will be taken by the Town Board until it receives a recommendation from the Planning Board, she said; however, the public hearing may be held.

Mrs. Carr explained that the zoning district basically establishes a new zoning district that could be applied to properties in the downtown center area. The area that would be appropriate for this new zone is depicted on a map called "Holly Springs Town Center Zoning Plan. The property is described as bordering Main Street on the west between Earp Street and Ballentine Street. The zoning would allow mixed uses that would compliment a pedestrian-friendly business center nestled within residential uses. Architectural standards would apply to this zone so that all development is in keeping with the village downtown center theme that is envisioned. The architectural standards are not part of the ordinance; however, they would be adopted by the Board as policy.

The ordinance establishes the district and an associated Special Use District. The ordinance also sets out general uses that would be allowed in the new district. Those uses are varied, but all are less intensive than existing zoning districts.

Commissioner Dickson noted that the verbiage of the ordinance states "should" many times. He suggested that it be changed to say, "shall" or "will" so that there is no room for interpretation.

With that explanation completed, Mayor Holleman opened the public hearing. The following comments were recorded:

Other: Glenn Myrto, 408 W. Ballentine Street – Mr. Myrto said he was not opposed to the new zoning district, but he has a question. He asked why the Town Board did not just establish the single Special Use District, rather than both the Town Center Mixed Use District and a related TC-MUD Special Use District.

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

Mr. Self explained that having the overlying zone guarantees uniformity in the appearance of development in the center, rather than each site being considered on a case-by-case basis.

Commissioner Banks explained that the Town Board and the public should have faith in Planning Board and planning staff regarding development in the general use district. He added that the Town Board would hear and review those few cases that would be considered SUD. He pointed out that if the Town’s zoning ordinances only called for Special Use Districts, then the Town Board would have to review each and every plan.

Mr. Myrto said he understands, but that he felt having only a SUD in the Town Center would be appropriate, since it encompasses only a small area of the Town.

5b. Public Hearing: Transfer of Ballentine Street Park Property to HSDC – Mr. Jessup explained that the purpose of this public hearing is to receive input on a proposal to transfer the Town’s Ballentine Street park property to the Holly Springs Development Corporation for the purpose of having HSDC take a lead role in facilitating the development of that property.

Mr. Bob Jessup explained that the parcel contains about 7.5 acres and is situated on both sides of Ballentine Street. He advised the Board that, after a series of meetings and discussions, Town and HSDC representatives have prepared a draft agreement to provide for the transfer of the property to HSDC upon terms and conditions.

Under this agreement, he said, the Town would transfer the property to HSDC. HSDC would pay no money to the Town now. Instead, HSDC would pay the Town $17,000 per acre if and when HSDC were able to sell the property to private parties. The agreement would give the Town certain rights to reclaim the property if HSDC failed to meet its obligations under the agreement. The agreement also calls for the HSDC to raise $15,000 of its own money over the next 12 months to support its economic development activities, Mr. Jessup said.

The proposed agreement states that HSDC may retain for its own economic development efforts any profit made by selling the property at a price above the $17,000 per acre target price.

The agreement also states that the HSDC will be the entity with the right and responsibility to solicit and choose development proposals for the property. The agreement sets outs a more definite procedure for the HSDC to request Town funding, if any, for its activities and to report on its activities to the Town. The agreement also gives the Town Manager the right to attend and participate in HSDC Board meetings and to be involved in HSDC’s negotiations with developers.

Mr. Jessup said the subject of the public hearing is the desirability of entering into this transaction. He explained that the Town Board would be asked later in the meeting to consider adoption of Resolution 99-45, a resolution by which the Board would approve the transfer and the terms of the draft transfer agreement. By the resolution, he said, the Board also would authorize the Town Manager to approve additional minor changes and complete the agreement on the Town’s behalf.

If the Board approves the resolution, the actual property transfer should be completed within 30 days without the need for further Board action, Mr. Jessup said.

With that explanation completed, Mayor Holleman opened the public hearing. The following comments were recorded:

In Favor: Joanna Kutler, HSDC – Mrs. Kutler said the HSDC is enthusiastic that the Town and the non-profit organization has reached this point. She said the HSDC feels comfortable with the proposed agreement and hoped the Board will be as well so that the HSDC can progress to the next phase -- private development of the property.

Glenn Myrto, 408 Ballentine – Mr. Myrto said he fully supports the land transfer. He added, however, that he would like to see a small area of transition or buffer between this property (if business/commercial is the end use) and the single-family residential use where he lives.

Opposed: None.

Other: None.

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

Commissioner Dickson asked for clarification. He asked if the HSDC would have control over the development of the property and what kinds of development that would be placed there. Mr. Jessup said yes, adding that the Town Manager also would have some say.

6. Public Comments -- 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:

Don Baxter, 701 Bahama Ct. – Mr. Baxter congratulated the prevailing candidates.

He reported that he attended the recent Swing Dance event and said it was an enjoyable evening. He pointed out that the Town has fireworks left over from the rained-out Labor Day Festival. He posed the question, "How about using them for New Year’s Eve in conjunction with another Swing Dance event?" He said the Swing Dance cost about $150 per hour for the dance instructors, and he said he would like the Town Board to consider funding the event. He said the Chamber of Commerce would assist in any way it could to make for another fun evening to ring in 2000.

Mr. Bradley said he is working on an idea like this, but he advised that the fireworks should be held early in the evening, and not at midnight.

Mr. Baxter continued his address of the Board. He said there seemed to be some confusion in the public and among candidates as to how members of the Board of Commissioners vote on various issues. He suggested that the Board adopt a policy of roll call votes so that the public and candidates in future elections would not be confused and erroneously spread misinformation.

Board members said roll call votes generally are taken if there is not a unanimous vote. The minutes reflect each motion made, each second and the resulting vote. The Town Clerk pointed out that the Town’s new website will include archived minutes of the Board of Commissioners, so voters and candidates will be able to conduct their own research on any variety of issues.

Mr. Baxter continued his address to the Board, asking how and why an article announcing the Jenkins Ford dealership proposed for Holly Springs was released. He said the article sounded as though the Jenkins application was a "done deal."

Commissioners explained that the Town had no knowledge of the release or publication of the article. Mayor Holleman said Jenkins has filed an application with the Town and that the plan will go through the same process as any other plan. As for the newspaper article, Commissioner Dickson ventured that it was probably written and released by a public relations firm for Jenkins.

Mr. Baxter said he figured as much, but he said the article only serves to make the Holly Springs Town Board look bad – either dishonest because it appears to be a "done deal" or ignorant because it sounds as though the applicant is making all the calls.

7. Agenda Adjustment – Commissioner Sack moved that the Nov. 2, 1999 meeting agenda be adopted with the changes, if any, as listed below. Commissioner Martin seconded the motion, which carried unanimously.

Items Added: None.

Consent Agenda Items Moved to New Business: None.

Items Deferred: Item 10, the closing order for Alford Street..

8a. Transfer of Property – Commissioner Banks said he had a concern about how HSDC was going to raise the funds. Commissioner Sack responded that that was not the Town’s problem, but HSDC’s. Commissioner Sack pointed out that if the HSDC cannot raise the funds it needs, the property will revert back to the Town and nothing is lost by either party.

Action: Commissioner Sack moved that the Board adopt Resolution 99-45, entering into an agreement with HSDC for the transfer of 7.5 acres of town-owned property on Ballentine Street for economic development purposes and authorizing the Town Manager to make minor changes to and otherwise execute the development agreement. Commissioner Womble seconded the motion, which carried unanimously. A copy of Resolution 99-45 and a draft of the property transfer agreement are incorporated into these minutes as addendum pages.

9. Consent Agenda -- Commissioner Sack moved that all items on the Consent Agenda be approved. Commissioner Womble seconded the motion, which carried unanimously, affecting the following actions:

9a. Ordinance 99-10 – Ordinance 99-10, an ordinance establishing a new Town Center Mixed Use, and the related design standards for the zone, were referred to the Planning Board for review and recommendation to the Board in December or January.

9b. Resolution 99-44 -- Resolution 99-44 committing Holly Springs to Wake County Census Complete Count Committee efforts and appointing the Town Clerk as the staff liaison to work with the committee was adopted. A copy of Resolution 99-44 is incorporated into these minutes as an addendum page.

9c. Ordinance 99-8 – Ordinance 99-8, an ordinance to amend the Town’s charter to adopt the Council-Manager form of government was adopted, effective Dec. 10, 1999 and contingent upon no petition for a referendum’s being filed. A copy of Ordinance 99-8 is incorporated into these minutes as an addendum page.

9d. Minutes – Minutes of the Board’s regular meeting held on Oct. 5, 1999 were approved.

9e. Budget Amendments – Two budget ordinance amendments relating to the FY 1998-99 budget were adopted. These amendments align and balance accounts for the end of last fiscal year as of June 30, 1999. The first budget amendment aligns items in the Public Works Department as of June 30, 1999 so that all departments for both General and Utility Funds are within budget. The second budget amendment moves money from Contingency Funds to capital outlay Legal Services and does not result in any increase in the budget. Copies of the budget ordinance amendments for FY 1998-99 are incorporated into these minutes as addendum pages.

10. Alford Street Closing – Action deferred at agenda adoption.

11a. Employee – Mr. Self reported to the Board that one of the Town’s Public Works employees has completed the requirements to named a Roads

Scholar.

12. Mayor’s Report – Mayor Holleman reported that he has been appointed to North Carolina Housing Partnership. He reported that he attended the Wake County Board of Commissioners meeting on Wednesday where main topics were construction and demolition landfills and urban standards in unincorporated areas.

Commissioner Dickson – Commissioner Dickson congratulated commissioners-elect Atwell and Schifano and others who showed interest in serving the Town. He reported that he attended the 10^th anniversary of the Triangle Transit Authority at its new facility. He said the TTA was pleased with ridership increases for its bus shuttle service and is excited about seeing Phase 1 of a metro rail system in place by 2005.

Commissioner Banks – Commissioner Banks said he appreciated the opportunity of serving as interim commissioner.

Commission Womble – Commissioner Womble said he appreciates Commissioner Banks’ service. He added that he feels the existing Board and newly-elected commissioners will be able to work together.

Commissioner Womble then asked if a street light could be installed on Avent Ferry Road between the Tommy Pittman and Holland properties.

Commissioner Martin – Commissioner Martin added his thanks to Commissioner Banks. He also thanked his fellow Board members and citizens of Holly Springs for allowing him to serve during his tenure. He said he wished the current Board and the incoming commissioners good luck. He said he was looking forward to seeing progress in Holly Springs continue.

Commissioner Martin then addressed the Board and audience, saying he had wanted to wait until after the election to bring the following subject up so it wouldn’t be construed as "electioneering" or using an unfair public forum to voice his opinion. Commissioner Martin said that candidate Hamzik had distributed campaign literature that was very misleading and contained erroneous information. He said the literature stated that the Town Board voted to approve the Wake County landfill and the Wake County firing range. In fact, Commissioner Martin said, the Board did neither of those things.

He said it was personally distressing to see the misinformation spread, and he felt it was a disservice to the public. Commissioner Martin said he felt Mr. Hamzik owed the public and the current Town Board an apology and an explanation for his actions.

From the audience, Mr. Hamzik did not respond.

Commissioner Martin said he hoped future candidates would be more responsible when distributing campaign materials.

On another subject, Commissioner Martin said residents living just outside of Holly Springs had asked him about the possible extension of water lines out Cass Holt/Rex Road. Commissioner Martin said the water wells in that area are failing.

Mayor Holleman, who estimated such a project would cost about $250,000, said the Town is not in a financial position to extend a water line. He added, however, if the community of residents can obtain grant funding on the grounds of failing wells, that the extension might be feasible.

Commissioner Martin asked the Town Manager to pose the question to Mr. Jackie McLamb of Rural Economic Development to gauge his reaction.

Commissioner Sack – Commissioner Sack extended congratulations to the nine candidates who stepped up to fill the two seats. He congratulated both winners and wished them well.

Commissioner Sack pointed out that minutes of each Board meeting illustrate split votes are recorded in the minutes. He said when the new Town website is ready, the minutes archive will be a good tool for citizens to use in researching candidate claims.

Commissioner Sack then reported that Chief Parker managed to avert some unwanted bad publicity for the Town. He said Chief Parker learned that a television news report was being prepared to report "robberies in Holly Springs." The robberies in question, however, did not occur in Holly Springs, and Chief Parker managed to convince the television news crew to check their facts for a more accurate report.

Commissioner Sack suggested that the Town initiate, beginning in February, monthly town hall meetings of an informal nature so that residents -- especially new residents -- would have the opportunity to meet commissioners, appointed officials and members of Town Staff. He said the meetings would provide an opportunity for residents to ask questions and to learn more about the Town, its operations and future plans.

He said the Town used to do something of this nature when he first moved to town a few years ago, and he thought it was something that should be revived because it was a good thing.

All commissioners agreed that this was a good idea.

14. Closed Session – Commissioner Dickson moved that the Town Board recess for five minutes before returning to Closed Session to hold counsel with the Town’s attorney. Commissioner Martin seconded the motion, which carried unanimously. No action was taken in Closed Session other than the motion to return to Open Session. A general account of the closed session follows:

Mr. Self explained progress in mediation of the condemnation of the Brown property. He said he did not feel comfortable with the final figure resulting from the mediation. He reported that there had been a lengthy discussion, but the final offers for settlement on the table were still far apart.

Direction Given: The Town Board directed that the Town Manager and Town Attorney continue mediating with the Brown parties. The Board set a ceiling for the negotiations.

Action: Commissioner Sack moved that the Board return to Open Session. Commissioner Martin seconded the motion, which carried unanimously.

In Open Session, Commissioner Sack asked Mr. Bradley if the Town had any say over the development of the Holly Springs Disposal landfill property when it closes in December.

Mr. Bradley said he would have to look at the topography of the land to determine whether or not it would be suitable for athletic fields. He said the property would most certainly be suitable for other kinds of passive recreational use, such as nature trails, etc.

15. Adjournment – There being no further business, the Nov. 2, 1999 meeting of the Holly Springs Board of Commissioners was adjourned at 9:52 p.m. following a motion by Commissioner Sack, a second by Commissioner Banks and a unanimous vote.

Respectfully Submitted on Tuesday, Nov. 16, 1999,

______________________________

Joni Powell, CMC

Town Clerk