Town of Holly Springs

Board of Commissioners Regular Meeting

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, Dec. 7, 1999 in the Town Board meeting chambers, located in Town Hall, 128 S. Main St. Mayor Pro Tem Parrish Womble presided, calling the meeting to order at 7:39 p.m. A quorum was established as the mayor pro tem and four board members were present at the meeting opened.

Board Members Present: Commissioners Tim Sack, Ken Martin, Parrish Womble, Bill Banks and Hank Dickson.

Board Member Absent: Mayor Gerald W. Holleman.

Staff Members Present: Richard B. Self, town manager; Ernest C. Pearson, town attorney; Joni Powell, town clerk (recording the minutes); Stephanie Sudano, director of engineering; Len Bradley, parks and recreation director; Jennifer Carr, director of planning and community development; John Ellis, director of finance; and Cecil Parker, chief of public safety.

Others Present:

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

4. Agenda Adjustment – Commissioner Dickson moved that the Dec. 7, 1999 meeting agenda be adopted with the changes, if any, as listed below. Commissioner Banks seconded the motion, which carried unanimously.

Items Added: Organizational meeting as Item 6d.

Consent Items Moved: None.

Other: None

5. Consent Agenda, Old Business: Commissioner Banks moved that all items on the Consent Agenda, Old Business be approved. Commissioner Dickson seconded the motion, which carried unanimously, affecting the following actions:

5a. Ordinance 99-9 – Ordinance 99-9 to amend the Town Code to prohibit off-premise signs, was adopted. A copy of the text of Ordinance 99-9 is incorporated into these minutes as addendum pages.

5b. Ordinance 99-10 – Ordinance 99-10 to amend the Town Code to establish a Town Center Mixed Use District and a Town Center Overlay District, was adopted. A copy of the text of Ordinance 99-10 is incorporated into these minutes as addendum pages.

5c. Town Center Design Standards – A set of design standards to be applied with the Town Center Mixed Use District were adopted. A copy of the Town Center Design Standards are incorporated into these minutes as addendum pages.

5d. Budget Amendments, $162,000 – Two budget ordinance amendments were adopted in the amount of $162,000 to facilitate the settlement agreement for property condemned for parks and recreation purposes.

One budget amendment appropriates $62,000 from the General Fund Balance and applies it to the Administration Account, Operating Transfer to Park Capital Project. The same amendment also applies $100,000 in debt service to the Administration Account, Operating Transfer to Park Capital Project.

The second budget amendment assigns the total $162,000 to Capital Outlay-Land in the Parks and Recreation Capital Project fund.

Copies of these budget amendments are incorporated into these minutes as addendum pages.

5e. Budget Amendment, $28,535 – A budget amendment to align funds in the Corrugated Container CDBG Grant Project for the fiscal year ending June 30, 1999 was adopted. The Corrugated Container CDBG Grant Project was amended by $28,535 in realigned funds. A copy of this budget amendment is incorporated into these minutes as an addendum page.

5f. Minutes – Minutes of the Board’s regular meeting held on Nov. 16, 1999 were approved.

6a. Special Presentations – On behalf of the Holly Springs Board of Commissioners and the Town of Holly Springs, Mayor Pro Tem Womble presented commemorative awards to outgoing Commissioners Ken Martin and Bill Banks. Commissioner Martin received an acrylic statuette recognize his four-year term. Commissioner Banks was presented an Award for Distinguished Service for his serving the remainder of a vacant term.

6b. Oath of Office, Commissioner Atwell – The Town Clerk administered the Oath of Office to Commissioner Peter Atwell, who repeated and subscribed to the oath. A copy of the oath is incorporated into these minutes as an addendum page.

6c. Oath of Office, Commissioner Schifano – The Town Clerk administered the Oath of Office to Commissioner John Schifano, who repeated and subscribed to the oath. A copy of the oath is incorporated into these minutes as an addendum page.

6d. Organizational Meeting – Commissioner Dickson had asked that an organizational meeting be held, as provided for in state laws.

Action #1: Commissioner Dickson moved that nominations be taken for the position of mayor pro tem. Commissioner Atwell second the motion, and it carried 3-2. Commissioner Dickson, Schifano and Atwell voted aye. Commissioners Sack and Womble voted against.

Action #2: Commissioner Atwell nominated Commissioner Hank Dickson as mayor pro tem. Commissioner Schifano seconded the nomination.

Commissioner Sack nominated Commissioner Womble as mayor pro tem. Commissioner Womble seconded the nomination.

Vote: Commissioner Dickson received 3 votes (Commissioners Schifano, Atwell and Dickson); commissioner Womble received 2 votes (Commissioners Sack and Womble).

At this time, Mayor Pro Tem Dickson assumed presiding over the meeting in the absence of Mayor Holleman.

7. Public Hearing: Rezoning Petition 99-R-16 – Mrs. Carr explained that the Town had received a petition from Tri-South Development requesting the rezoning of 13.917 acres of land from Residential R-20 to Residential R-10. The property is located on the north side of Holly Springs Road, roughly across the street from the Middle School site, Mrs. Carr said. She explained that the Planning Board had reviewed the request on Nov. 23 and recommends approval.

She added that the request is consistent with the Town’s Land Use Plan and is compatible with the residential uses that are around the property.

Commissioner Schifano asked if the property fronted Holly Springs Road.

Mrs. Carr answered that it did.

Commissioner Schifano asked if mobile homes were allowed in an R-10 zoning district.

Staff answered that mobile homes were allowed on large tracts zoned R-10MH and allowed as conditional uses on individual lots in R-10 districts.

With that explanation and discussion, Mayor Pro Tem Dickson opened the public hearing, and the following comments were provided.

For the Petition: Bill Shankle, 800 Terrell Road in Raleigh, the applicant – Mr. Shankle introduced himself to the Board and said he was available to answer questions, if any.

Against the Petition: None.

Other Comments: None.

There being no comments, the public hearing was closed.

8. Tischler and Associates – Mrs. Sudano refreshed information for the Board that the Town had retained the service of Tischler and Associates to conduct a study focused on the level of service and impact on the town of residential development. She explained that Mr. Tischler wished to address the Board about his firm’s findings and the computer model which was devised to be applied to new proposed residential plans. She asked that the Tuesday, Dec. 7 meeting be continued to reconvene at 6:30 p.m. Monday, Dec. 20, 1999 for this presentation by Mr. Tischler.

9. Rezoning Petition 99-R-16 – In discussion of this item, Commissioner Schifano said he would not be in favor of the rezoning of the property because of the possibility that the property could be used for mobile/manufactured homes. He said his concern is that the location of the property is on a major entranceway in to the Town.

Action: Commissioner Sack moved that the item be tabled until staff could provide more information on mobile homes and how they relate to current zoning districts. Commissioner Schifano seconded the motion.

There followed much discussion about mobile homes, manufactured homes, and modular homes.

Vote: The motion to table the question carried unanimously.

10. Consent Agenda, New Business: Commissioner Sack moved that all items on the Consent Agenda, New Business be adopted or approved. Commissioner Atwell seconded the motion, affecting the following actions:

10a. State Grant, $16,500 – The Town accepted $16,500 in non-matching State grant funds for the Public Safety Department through the adoption of a budget ordinance amendment in the same amount.

A copy of the budget ordinance amendment is incorporated into these minutes as an addendum page.

10b. Use of Funds – The Town Board authorized the Public Safety Department to use the grant funds for the purchase of seven radar units.

10c. Town Hall Parking – The Town Board declared the parking area of Town Hall formally as a "Public Parking Lot," an instrumental step in developing the pedestrian-friendly downtown center that is envisioned.

10d. Public Hearing – A public hearing date of Tuesday, Jan. 4, 2000 was set to receive input on the proposed application of the Town Center and Town Center Overlay District zones to properties located in the downtown area.

10e. Public Hearing – A public hearing date of Tuesday, Jan. 4, 2000 was set to receive input on a proposed erosion control ordinance.

10f. Records Disposal – The Town Board authorized the destruction / disposal of certain finance office records dating prior to June 30, 1994 in the manner prescribed by the State Department of Archives and History.

11. Public Comment – At this time, a 15-minute opportunity was provided for citizens to give the Board-as-a-whole input on any variety of topics. The following citizens were heard:

Lesli Doarees – Mrs. Doarees welcomed the two new board members.

She then addressed a proposed construction and demolition landfill to be located, if approved by Wake County Board of Adjustments, at an existing stump dump out on Rex Road. She said she is concerned because the Town actively opposed a recent application for a construction and demolition landfill in Apex. She said she doesn’t understand how the Town could support the Rex Road application.

She said she feared that Avent Ferry Road would provide an access route to the site, and that traffic congestion and hazards would be aggravated.

She said she felt that the Town should actively oppose the permit application and consider the resulting cost of a new truck and another person on the Public Works crew as an expense that is not onerous. She said if the Town continues to grow, it should be able to afford a new truck and employee to handle local yard waste collection and disposal.

12a. Jones C&D Landfill Permit -- Mr. Self reported to the Board that Mr. Curtis Jones, who operates a stump dump on Rex Road, had applied to the Wake County Board of Adjustment for a Special Use Permit to allow him to add construction and demolition waste disposal services at his site.

He recapped the situation of the Town. The BFI site on New Hill Road, where the Town disposes of leaves and yard waste that are collected at curbside, is scheduled to close within the next few weeks. At that time, the Town will need to find another C&D landfill that will accept yard waste in bio-degradable bags. If Wake County approves the Jones permit, the Town could continue collection and disposal of yard wastes without having to add equipment or manpower. If the Jones permit is denied by Wake County, the Town will need to begin using a C&D landfill in another location. The greater distance to another site would necessitate the Town’s having to purchase another vehicle and add staff so that a collection truck is always in operation inside the Town limits while the other is making a trip to the landfill.

With that briefing, Mr. Self explained to the Board that the options were to take no action on the issue, as it is a Wake County Board of Adjustment decision; to support the permit request as a Board; or to oppose it as a board.

Action: Commissioner Schifano moved that a letter expressing the Town of Holly Springs’ opposition to Mr. Jones’ Special Use Permit amendment be drafted and forwarded to Wake County. Commissioner Atwell seconded the motion.

In discussion, Commissioner Womble said he wanted to hear what Mr. Jones had to say.

Mr. Curtis Jones made himself available to answer questions about his plans.

A resident asked how many trucks a day entered his site. He said about 150 trucks a day use his site, and that the amendment would probably mean about 50 more a day. He said the access route to his site is U.S. 1 and by Shearon Harris Nuclear Plant.

Vote: unanimous.

13. Manager’s Report – Mr. Self reported to the Board and updated them on a number of topics: He said he has tentatively scheduled a Board Retreat for Feb. 4, 5 and 6; he reported that the Town Hall Angel tree is available for anyone wanting to assist in purchasing Christmas gifts for local underprivileged children; he reported that if the Town Board desires to create an alternate position to the Planning Board, then an ordinance amendment would be required; he reported on the clearing taking place along NC 55; and he pointed out that the Board needs to appoint a person to represent Holly Springs on the Wake County Economic Development Commission in the place of former Commissioner Ken Martin.

14. Closed Session – None.

15. Continuation – There being no further business for the evening, the Dec. 7, 1999 meeting of the Holly Springs Board of Commissioners was recessed and scheduled to reassemble at 6:30 p.m. Monday, Dec. 20, 1999 following a motion by Commissioner Sack, a second by Commissioner Atwell and a unanimous vote.

Respectfully Submitted on Tuesday, Feb. 1, 2000,

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Joni Powell, CMC

Town Clerk