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Town of Holly Springs Board of Commissioners Regular Meeting Tuesday, March 16, 1999 MINUTES The Holly Springs Town Board of Commissioners met in regular session on Tuesday, March 16, 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 7:30 p.m. A quorum was established as the mayor and all four board members were present as the meeting opened. At present, there is a vacancy on the Board.
Board Members Present: Commissioners Hank Dickson, Parrish Womble, Ken Martin, Tim Sack and Mayor Holleman. Board Members Absent: None. Staff Members Present: Jim Dolle, town manager; Ernest C. Pearson, town attorney; Joni Smith, town clerk (recording the minutes); Don Mizelle, planning director; Jennifer Carr, director of community development; Cecil Parker, chief of public safety; Thomas Tillage, director of public utilities; and Len Bradley, director of parks and recreation. 2 and 3. The pledge of allegiance was recited, and the meeting opened with a moment of silent meditation. 4. Special Presentation - Mayor Holleman presented a proclamation to The Arc of Wake County, designating March as Mental Retardation Month in Holly Springs. Mrs. Dona McNeill of Holly Springs and her daughter, Hayley, accepted the proclamation on behalf of The Arc. The text of the proclamation reads as follows: Proclamation WHEREAS, the 1999 Special Olympics World Summer Games to be held here in the Triangle will showcase the talents and abilities of almost 7,000 athletes with mental retardation; and WHEREAS, the Town of Holly Springs is welcoming the athletes to North Carolina by serving as a Host Town to the delegation of Team Chad for the '99 Games; and WHEREAS, in Holly Springs there has always been a dedicated effort to provide quality services and supports for its citizens with mental retardation and their families; and WHEREAS, we must continue the work of the Town of Holly Springs and The Arc of Wake County to ensure services for our neighbors whose lives are touched by mental retardation; and WHEREAS, The Arc of Wake County works closely with the Town of Holly Springs, the Wake County Public School System, Wake County Human Services and various other local service providers and advocacy organizations to assure that citizens with mental retardation and their families have the supports they need in our community; and WHEREAS, through the dedicated efforts of these and other such organizations, the Town of Holly Springs will continue to be a good place for people with mental retardation and their families to learn, live, work and play; NOW, THEREFORE, I, Gerald W. Holleman, Mayor of the Town of Holly Springs, and the Holly Springs Town Board of Commissioners to hereby proclaim March 1999 as MENTAL RETARDATION AWARENESS MONTH in Holly Springs and urge all citizens to learn more about mental retardation so that they might be good neighbors, co-workers and friends to our citizens who have this developmental disability. Following the presentation, Mrs. McNeil thanked the Town Board for its recognition and urged them and members of the audience to accept and appreciate those with mental retardation. No further action. 5a. Public Hearing: Special Use Permit 99-SUP-01: Mr. Mizelle explained that the Town had received an application for a Special Use Permit for property located next to Lakeside Subdivision. The property is zoned Traditional Neighborhood Special Use District. Mr. Mizelle explained that the special use designation simply means a Special Use Permit is required prior to construction. The difference between regular permitted developments and development with a Special Use Permit is that the Town has to hold a public hearing, and the Board may impose reasonable, special conditions to the site, if needed, he said. Mr. Mizelle explained that this site was a remnant from a once larger Lakeside development. Land currently being developed as Womble Park was purchased from the developer of Lakeside by the Town, leaving this 4 ½-acre tract. The traditional neighborhood zoning dictates the design of this development and its homes. The site plan shows homes with narrow fronts equipped with front porches. The typical lot layout provided on the plans details how landscaping, street trees, sidewalks and side drives lend to a traditional neighborhood feel. Mr. Mizelle said the Planning Board recommends approval of the Special Use Permit with the conditions submitted by staff and with the addition of a pedestrian easement to Womble Park. Mrs. Sudano had advised the Town Board in agenda notes that it is engineering staff's understanding that the developer/engineer is exploring an alternate sewer route, which would reduce the impact on park property. Her staff recommends approval, conditional upon resolving this matter with the Town Parks and Recreation Director before the construction drawing approval stage. With that explanation completed, Mayor Holleman opened the public hearing. The Town Clerk administered an oath to each witness. Sworn testimony was received from one witness: Michael Stewart, Carollton Dr., Raleigh - Mr. Stewart explained that he is the engineer for the project. He offered into the record the Special Use Permit application with its answers to the six general conditions. A copy of this application is incorporated into these minutes as addendum pages. Mr. Stewart explained that at the last public hearing (on a rezoning question), neighbors at that time had expressed that they wanted no access to the park for fear it would create an auxiliary entrance to the park from the development. He said that is why a pedestrian access to the park was not included in this development plan. There were no other comments, and the public hearing was closed. 5b. Public Hearing: Rezoning Petition 99-R-05 - Mr. Mizelle explained that the Town had received a petition for rezoning for property located at 111 New Hill Road and currently zoned R-15. The petitioner, Rebecca Stirewalt, requests Village Business District zoning. As indicated in the Comprehensive Plan, properties located in close proximity to Main Street and south of the Holly Springs Road intersection are designated to become part of the Village Activity Center node. The node would be a collection of commercial, office and high density uses in the older core of Holly Springs. Mr. Mizelle said staff and the Planning Board concur that this request is consistent with the policies outlined in the Comprehensive Growth Plan, and approval is recommended after the public hearing. With that explanation completed, Mayor Holleman opened the public hearing. There were no comments offered for or against the petition, and the public hearing was closed. 5c. Public Hearing: Rezoning 99-R-06 - Mr. Mizelle explained that the Town had received a petition for rezoning for 5 ½ acres on Grigsby Avenue. The property is located adjacent to Lakeside Commons, which is zoned Traditional Neighborhood, and Parkside Village. The petitioner, Dr. George Grigsby, is requesting that the property be rezoned from R-20 to Traditional Neighborhood. Mr. Mizelle said the Planning Board and staff have reviewed the petition and have found it in keeping with the Comprehensive Plan and compatible with surrounding zoning. Both the Planning Board and staff recommend approval following the public hearing, he said. With that explanation completed, Mayor Holleman opened the public hearing. There were no comments offered for or against the petition, and the public hearing was closed. 6. Agenda Adoption - Commissioner Womble moved that the meeting agenda for March 16, 1999 be set with changes (if any) as listed below and adopted. Commissioner Martin seconded the motion, which carried unanimously. Items Added: None. Items Deleted: None. Items Removed from Consent Agenda: None.
7a. 99-SUP-01, Lakeside Commons: Action: Commissioner Sack moved that 99-SUP-01 for Lakeside Commons be approved with the following attached conditions: that staff comments be satisfied; that a pedestrian easement to Womble Park be added; that the proposed alternate sewer route be resolved to the satisfaction of the Parks and Recreation Director prior to construction drawing approval stage. Commissioner Womble seconded the motion, which carried unanimously. 7b. Preliminary Plan for Lakeside Commons: Action: Commissioner Sack moved that the preliminary plan for Lakeside Commons be approved. Commissioner Womble seconded the motion, which carried unanimously. 7c. Rezoning 99-06: Action: Commissioner Womble moved that Rezoning Petition 99-06 requesting TN zoning for 5.82 acres of property located on Grigsby Avenue be approved. Commissioner Sack seconded the motion, which carried unanimously. 7d. Budget Amendment, $3,000, Cross Pointe Village -- Mr. Dolle explained that the Board was being presented two proposed budget ordinance amendments that are required to pay costs for unbudgeted infrastructure improvements (related to a water line) for the Cross Pointe Village subdivision. He explained that the budget amendments pull $3,000 from Community Development Income and applies it to the project (the second budget amendment accepts the transfer in to the project fund and assigns the funds for water line). Commissioner Dickson asked for a clarification of the cost of $3,000. He suggested that the cost be shared with the private developer. He suggested that the budget amendment be approved with the amount being changed to $1,500. Mr. Dolle explained that this change in the plan is because the Town desires the change in the infrastructure plan, not the developer. Action: Commissioner Sack moved that the budget amendments in the amount of $3,000 be adopted to pay for unbudgeted infrastructure costs in the Cross Pointe Village subdivision project. Commissioner Martin seconded the motion, and it carried 3-1. Commissioners Sack, Martin and Womble voted for. Commissioner Dickson voted against. A copy of these budget amendments are incorporated into these minutes as addendum pages. 8. Consent Agenda: Action: Commissioner Sack moved that all items on the Consent Agenda be approved. Commissioner Womble seconded the motion, which carried unanimously and affected the following actions: 8a. Rezoning Petition 99-R-05 - Rezoning Petition 99-R-05 requesting VBD zoning for property located at 111 New Hill Road was approved. 8b. Resolution 99-13 - Resolution 99-13 authorizing the establishment of a Water Capital Reserve Fund was adopted. A copy of Resolution 99-13 is incorporated into these minutes as an addendum page. 8c. Resolution 99-14 - Resolution 99-14 authorizing the establishment of a Sewer Capital Reserve Fund was adopted. A copy of Resolution 99-14 is incorporated into these minutes as an addendum page. 8d. Resolution 99-15 - Resolution 99-15 authorizing signatures for Town financial transactions was adopted. A copy of Resolution 99-15 is incorporated into these minutes as an addendum page. 8e. Budget Amendment - A budget amendment in the amount of $42,235 to cover costs of salaries, benefits and office furniture and equipment for the town manager and an administrative assistant through the end of the fiscal year was adopted. Funds are shifted from Fund Balance to various accounts in the Administration budget of the General Fund. A copy of this budget amendment is incorporated into these minutes as an addendum page. 8f. Resolution 99-16 - Resolution 99-16, a resolution of intent to exchange property, namely a HP 650 C plotter for mapping, was adopted. A copy of Resolution 99-16 is incorporated into these minutes as an addendum page. 9a. CAC Communication - Julie Keeler of the Citizens Action Committee addressed the Board regarding its positions on the landfill issue. The group, she stressed, has found viable and alternative solutions to the current plans for the South Wake Landfill. She presented a petition with signatures collected door-to-door. The petition statement reads, "As a citizen and/or business owner of Holly Springs, I am requesting the Town of Holly Springs pursue legal action against Wake County for the placement of the South Wake Landfill." Said she got a feeling from those who signed that the expense was justified and that it would be wrong for the county to deny Holly Springs facilities and services it needs and for which its taxpayers pay. She estimated that the CAC had collected more than 1,500 signatures representing a fair sampling of the town geographically and socio-economically. She said, of those residents approached, more than 98 percent were in favor of suing Wake County. Mrs. Keeler pointed out that the CAC has worked and has exhausted all efforts but legal action. She urged the Town Board to continue investigation of legal options; pursue filing reviews (time constraints); consider the financial investment up until this point; and to express continued strong disapproval. She said the Town should not be afraid of retribution from Wake County because she felt that the county could not withhold services that have been paid for by the taxpayers. In closing, she said the CAC will still support Wake County in looking for alternatives, and she asked that the Town Board make continued and regular reports to the public of progress on this issue. She presented a copy of the CAC's petition and signatures for the record. A copy of the petition and signatures is incorporated into these minutes as addendum pages. 9b. Public Comments on Landfill - Mayor Holleman recognized members of the audience to speak to this issue. The following residents spoke: George Hamzik - Mr. Hamzik appealed to the Board to protect the public interest of Holly Springs by taking legal actions against Wake County. Mr. Hamzik provided a written copy of his comments. These comments are incorporated into these minutes as addendum pages. John Allen - Mr. Allen said he was against the landfill and urges the Town government to mount a legal fight. He said if town officials were concerned about retribution, they should be inspired with courage that the CAC will work with them to ensure that the Town is well served by Wake County with libraries, schools and transportation. He said the Town could not ask for a better ally than the CAC. He stressed that the CAC wanted to work together with the Town in a unified effort. John King - Mr. King said he was not a member of the CAC, but he concurs with the opinion that the Town should do whatever it takes to keep the South Wake Landfill from being constructed. He said he did not understand why officials seemed to be reluctant to do so. Chris Dickson - Mrs. Dickson reminded the Board that the Mayor had asked the CAC to get involved in the landfill fight over a year ago. She said the CAC has dedicated itself fully to the effort and will continue to do so. She said the CAC did not want to fight with the Town or Wake County or do anything to bring the Town down; however, she pleaded with the Board to do something significant. Ruth Garrett - Mrs. Garrett suggested that the Board investigate and share with Wake County another alternative to landfilling, plasma torch technology. John Schifano - Mr. Schifano said the Town took an important step in pulling its previous 1992 approval of the landfill plan. He said that move, however, would be meaningless if the Town does not continue taking a strong stand against Wake County's proposal. He said Wake County could not say it would not provide services to Holly Springs. He offered to help the Town and its attorney in any way, and he suggested that the Town Board at least direct the Town Attorney to work with the CAC. Mr. Schifano advised the Board that there were a lot of hard feelings in the community over the landfill issue, but that the Town Board had a chance to ease a lot of that disillusionment by taking legal action. Mr. Schifano said he feels the Town Board should lead the legal fight, but, short of that, the Board at the very least should support those who pursue it on their own.
9c. Board Comments on Landfill - At this time, members of the Board of Commissioners discussed the issue. Commissioner Sack -- Commissioner Sack said this issue has weighed on him very heavily for a long time. He acknowledged the amount of time and money that has been dedicated to this effort on the party of both citizens and the Town. He said no citizen, including himself, wants this landfill, but at what cost does the Town continues a fruitless and expensive fight? He pointed out that the Town is in negotiations for water, sewer, a middle school, a park, and a library. Holly Springs is in a fierce competition with 10 other municipalities in Wake County for the county's services, and he feels that the Town will suffer. He said he had to weigh the consequences of undertaking an enormous expense, spending money out of a critically-low Fund Balance, with no guarantee that the Town would prevail. He said he did not want to gamble away the future of Holly Springs. Commissioner Sack said the Board had to focus on spending what funds were available on Town services and capital improvements. In summary, Commissioner Sack said he felt that no one in the community wanted the dump, but that he believed the Town could more effectively work with Wake County to minimize its potential effect without suing the county. Commissioner Sack provided a written copy of his comments. Those comments are incorporated into these minutes as addendum pages. Commissioner Dickson -- Commissioner Dickson said he was not sure if a town-initiated lawsuit against Wake County was the right thing to do or not, but he does not feel the Town can simply sit back and watch the county built South Wake Landfill. He said too many residents had expressed that they want the Town to sue the county, and the Board should listen. He suggested that the Town Board could first appeal the state decision through the administrative hearing process. Secondly, the Town should throw up legal roadblocks to delay construction of the facility. He added that he believed an injunction on the project would be appropriate at this time. He urged his fellow commissioners to agree to take an aggressive approach, and he agreed with those who believe Wake County will not deny Holly Springs county services. Commissioner Womble -- Commissioner Womble said he did not want the landfill in Holly Springs; however, he also does not want the Town to sue the county. He said he feels there are other ways the issue can be addressed and that he would be in favor of a non-confrontational approach. He said the Town and Wake County could work together to come up with a better solution for the community. He pointed out that Wake County commissioners are aware of how Holly Springs feels about the project, and he believes they would be willing to make concessions if the Town were to, not threaten, but work in cooperation. Besides, he asked, "If we spend a lot of money on this, how are we going to be able to pay for things we need to provide for the Town?" re some other ways we can fight it, and I'm all for that. Maybe work together. County Commissioners know what we want. Maybe not threaten them but cooperate for a solution. If we spend a lot of money, how going to pay for things we need to provide for the Town?" If there is an expensive legal battle, even if the Town were to win, it would lose because it would have depleted its already small financial reserves. "We're going lose if we win (a legal fight); and we're going to lose if we lose," he said, adding, "We have to work with Wake County." Commissioner Martin -- Commissioner Martin said that this issue has been a very hard, very emotionall, trying time for all of us. He said the Town Board has investigated the likelihood of success of a legal battle and has been advised that, at best, there is a 50-50 chance. He said he has talked to citizens groups who are considering legal action, and such action would not directly offend Wake County nor would it drain the public coffers. He said he was not in favor of the landfill and that it was detrimental to the success and future of Holly Springs. While his heart tells him the Town should fight Wake County, his head is telling him the Town has other priorities that need funding.
Mayor Holleman -- Mayor Holleman said he was opposed to the idea of filing a lawsuit against Wake County. He stressed that he was not in favor of the landfill, but was against suing the county over it. He said the Town has used exhaustive and cost-effective measures up until this point but that the expense would not be justified with a loss in the courtroom, coupled with complicated relations with Wake County and 10 other towns in Wake County that are depending on the opening of South Wake Landfill. He said residents should be comforted by the fact that the Feltonsville facility is located adjacent to this site and that it has gone virtually unnoticed for nearly 20 years. He said that landfill has not had a negative impact on Holly Springs, and he believes -- with a few changes perhaps -- the South Wake Landfill would also go unnoticed. He said better solutions can be negotiated with Wake County, but not if Holly Springs sues. He said he feels strongly that problems can be solved without going to a lawsuit. With that, he said, "I am not in a position to recommend we file a lawsuit." Action: Commissioner Sack moved that the Town not to pursue a lawsuit against Wake County. Commissioner Womble seconded the motion. The motion ended in a tie 2-2 vote. Commissioners Sack and Womble voted for. Commissioners Martin and Dickson voted against. Mayor Holleman cast an "aye" vote to break the tie and carry the motion, 3-2. Action: Commissioner Dickson moved that the Town Board direct the Town Attorney to prepare an appeal to the State's permit with the Office of Administrative Hearings. Commissioner Womble seconded the motion. During discussion, Mayor Holleman asked if doing so would constitute the same thing as filing a lawsuitsuit. The Town Attorney said that it would. Commissioner Womble withdrew his second. Commissioner Dickson asked if the Town could somehow otherwise delay progress on the landfill project. The Town attorney said Wake County would keep going forth with its plan even if the Town were to file a petition with the Office of Administrative Hearings for a review. The only way to really delay the process, he said, would be to file a petition with the Office of Administrative Hearings and also file an injunction against Wake County in the court system. The injunction would be the mechanism that would stop the process for a time. Commissioner Martin said he wanted more information before acting on a motion. Mayor Holleman suggested that the Board take a 30-minute break and come back for further discussion. At this time, 8:50 p.m., the Board recessed for 30 minutes. At 9:35 p.m., the board reentered open session. There was a continuation of discussion on this issue.
Action: Commissioner Dickson reiterated his motion that the Board initiate a petition with the Office of Administrative Hearings. Commissioner Martin said he talked with Town Attorney and was advised that the application for a review would give the Town a 30-day delay in the process, but, also, it would have the same effect as a lawsuit against Wake County. He seconded the motion. For clarification, Commissioner Sack asked Commissioner Martin if he intended for the Board to pursue a lawsuit. Commissioner Sack asked the Town Attorney for an explanation of taking this route. The Town Attorney said filing a petition would have the effect of suing Wake County. He advised that if the Board was interested in holding up Wake County's progress, then it should also pursue the injunction. First, he said, the Town would have to file for a temporary restraining order, which would be good for the first 10 days; and then a preliminary injunction, which would last through a court decision. Commissioner Dickson asserted that the action taken in the earlier motion was not doing anything. He said his new motion was to do something strong to fight landfill without actually suing Wake County. Action: Again, Commissioner Dickson reiterated his motion, which had been seconded by Commissioner Martin. The motion ended in a 2-2 tie vote. Commissioners Martin and Dickson voted for. Commissioners Sack and Womble voted against. Mayor Holleman cast an "nay" vote to defeat the motion, 3-2. 10. Mayor's Report - None. 11. Commissioners Reports - None. 12. Closed Session - Commissioner Sack moved that the Board enter Closed Session for the purpose of holding discussions appropriate to the Closed Session Exception in the General Statutes. Commissioner Womble seconded the motion, which carried unanimously. Action Taken in Closed Session: 1. Commissioner Sack moved that the Board return to Open Session. Commissioner Martin seconded the motion, which carried unanimously. A General Account of the Closed Session follows. General Account of Closed Session 3/16/99 In Closed Session, the Board discussed the landfill issue. The Board discussed with the Town Attorney three zoning violation issues that are the subject of potential litigation. The Board gave direction to staff as to how to handle each zoning issue. Mrs. Sudano and Mr. Pearson addressed the Board to report on property acquisition related to capital projects of the Town. The Board gave settlement authority of $20,000 on one piece of property needed for a booster pump station for the Raleigh/Holly Springs waterline. The Board directed staff to negotiate compensation to property owners who hold land needed for sewer easements in the Bass Lake area. The Board discussed with the Town Attorney the subject of the group homes on Avent Ferry Road. The Board gave direction as to how to proceed: enlist the aid of enforcement agencies and provide them material evidence by way of a letter to state agencies. - End of General Account Action Taken Upon Return to Open Session: 1. Commissioner Sack moved that the Board's regular meeting of March 16, 1999 be continued, to reconvene at 5 p.m. Thursday, March 18, 1999. Commissioner Womble seconded the motion, which carried unanimously.
13. Continuation - There being no further business for the evening, the Holly Springs Board of Commissioners meeting of March 16, 1999 was recessed at 10:48 p.m. following a motion by Commissioner Womble, a second by Commissioner Martin and a unanimous vote. Respectfully Submitted on Tuesday, April 20, 1999 __________________________________ Joni Smith, CMC Town Clerk Addendum pages, as referenced in these minutes, follow and are a part of the official record of this meeting. Holly Springs Town Board of Commissioners Regular Meeting Thursday, March 18, 1999 (Continued from March 16, 1999) The Holly Springs Town Board of Commissioners were to meet in the continuation of a regular session at 5 p.m. Thursday, March 18, 1999 in the Town Board meeting chambers, located in Town Hall, 128 S. Main St. Mayor Gerald W. Holleman presided, but did not recall the meeting to order. A quorum was not established as only the mayor and one board member was present. The meeting was therefore canceled, and effectively adjourned the regular meeting of Tuesday, March 16, 1999.
Board Members Present: Commissioner Hank Dickson Board Members Absent: Commissioners Parrish Womble, Ken Martin and Tim Sack. Staff Members Present: Jim Dolle, town manager; and Ernest C. Pearson, town attorney. Respectfully Submitted on Tuesday, April 20, 1999 __________________________________ Joni Smith, CMC Town Clerk Addendum pages, as referenced in these minutes, follow and are a part of the official record of this meeting. |