|
Town of Holly Springs Board of Commissioners Regular Meeting Tuesday, March 2, 1999 MINUTES The Holly Springs Town Board of Commissioners met in regular session on Tuesday, March 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 7:38 p.m. A quorum was established as the mayor and all five board members were present as the meeting opened. Board Members Present: Commissioners Hank Dickson, Jim Dolle, Parrish Womble, Ken Martin, Tim Sack and Mayor Holleman. Board Members Absent: None. Staff Members Present: 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; John Ellis, finance director; Len Bradley, director of parks and recreation; and Bob Jessup, bond counsel. Stephanie Sudano, town engineer, arrived at 8:30 p.m. 2 and 3. The pledge of allegiance was recited, and the meeting opened with a moment of silent meditation. 4. Closed Session -- Commissioner Sack moved that the Board enter into Closed Session to hold conference with the Town Attorney. Commissioner Dickson seconded the motion, which carried unanimously. In deference to the audience, the Town Board excused itself into a smaller meeting room. No action was taken in Closed Session. A General Account of the Closed Session follows: General Account of 3/2/99 Closed Session In Closed Session, the Town Attorney outlined the legal and administrative options that are available to the Town in pursuing opposition to the South Wake Landfill. No action was taken. Back in the Board Room, Commissioner Sack moved that the Board reenter Open Session. Commissioner Dickson seconded the motion, which carried unanimously. At this time, Mayor Holleman addressed the audience, reading a prepared statement. The text of this statement follows: "For more than a year now the Town has worked diligently to convince Wake County to hear the desires of this community to see the landfill relocated or an alternative solution to landfilling explored. We have been responsive to the expressed desires of this community. Numerous letters have been written; many meetings, which many of you have attended, have been held; the Town has invested nearly $100,000 in legal and engineering fees and countless hours of staff time to this effort. "Citizens, of their own initiative, have dedicated hundreds of volunteer hours and, no doubt, dollars from their own pockets to lead in this effort. "In spite of all of we have done, a permit to construct was issued by the State. "Now we are faced with the decision as how best to proceed. This is a critical decision that should not be made quickly. The permit was issued last week by the State was a permit to construct. This means there is a certain timeframe in which we have to continue our work before a permit to operate is issued. We've got some time, and we need to capitalize and use this time to continue our efforts to work with the county to find a better solution for our community. "During the next two weeks, we will continue holding deliberations with the Town Attorney to determine the best thought-out strategies for us to pursue. "The Town Board is committed to that end, and that's the process we're going through."
5. Agenda Adoption - Commissioner Sack moved that the meeting agenda for March 2, 1999 be set with changes as listed below and adopted. Commissioner Martin seconded the motion, which carried unanimously. Items Added: Comments from citizens on various subjects was added to Requests and Communications. Items Deleted: See Consent Agenda adjustments. Items Removed from Consent Agenda: Item 10d, Resolution 99-10, was deleted. Item 10 j, Merita Bread preliminary site plan, was moved to New Business. Item 10l., the preliminary site plan for Village Office Condos parking, was moved to New Business.
6. CAC Proclamation - Mayor Holleman presented members of the Citizens Action Committee with a proclamation recognizing their individual and group efforts to oppose the landfill. Mrs. Christen Clark accepted the proclamation on behalf of the CAC and recognized individuals and members. The text of the proclamation follows: Proclamation Recognizing Excellence in Citizenship WHEREAS members of the Citizens Action Committee have devoted hundreds of manhours of their time and have directed their energies, talents, skills and abilities to opposing an undesirable project imposed on their community; and, WHEREAS these efforts have been in the spirit of citizenship and of protecting and preserving the quality of life in Holly Springs; and, WHEREAS these citizens have exemplified community involvement by taking their cause to all levels of government and media and by reaching out to all walks of life in Holly Springs; and, WHEREAS these citizens recognize the responsibility Wake County faces in disposing of solid waste generated by residents of the community and they have, of their own initiative, thoroughly researched and offered to Wake County viable alternatives that would be less undesirable than current plans for the South Wake Landfill; and WHEREAS members of the Citizens Action Committee have expressed their desire to continue their efforts to the fullest extent possible; NOW, THEREFORE, the Mayor and Town Board of Commissioners of the Town of Holly Springs do hereby recognize the members of the Citizens Action Committee for their exemplary citizenship and proclaim them to be model citizens; and, further, the Town Board expresses its appreciation to the Citizens Action Committee for its leadership and dedication to cause; and, further, the Town Board offers sincere encouragement as the CAC faces new challenges ahead; and, further, the Town Board of Commissioners extends its support to the extent allowable by law and by the protocols of inter-governmental cooperation; and, FURTHER, the Mayor and Town Board of Commissioners of the Town of Holly Springs urge all citizens of the Town to join in this proclamation recognizing the CAC for its untiring efforts; expressing gratitude for its work; and lending support and encouragement in its future endeavors. No action was requested nor taken. 7a. Duke Endowment - Mr. Bradley addressed the Board in the absence of Melvin Williams. He explained that for several months, a local committee and Mr. Williams have been working together to assess needs of children in the community and to prepare plans for initiatives that would meet those needs for the application of a Duke Endowment grant. Mr. Bradley introduced Alan Jones, who gave an overview of the Wake County Partnership for Children and Families. Mr. Jones explained that the partnership has been working diligently to shape up a grant proposal to fund local programs aimed at the development of young people and families. Using the Asset Model, which identifies 40 assets that all children need to grow into healthy, well-rounded adults, the local committee has looked locally and learned that there are several assets in which Holly Springs children are lacking. The committee is in the process of writing a grant proposal that would fund programs to target those missing assets. The committee requested that the Town Board adopt a resolution of support and commitment to focusing efforts on children and families. The Endowment will provide seed money to get programs started. It is anticipated that the community would support the programs and that they would become self-supporting and self-perpetuating. Action: Commissioner Sack moved to adopt Resolution 99-12 endorsing an application to the Duke Endowment and expressing commitment to programs of the Wake County Partnership for Youth and Families. Commissioner Womble seconded the motion, which carried unanimously. A copy of Resolution 99-12 is incorporated into these minutes as an addendum page. 7b. Don Davis - Mr. Pearson reminded the Board that this issue is in litigation and advised the Board that it would be best if members did not offer an exchange of comments with Mr. Davis. Mr. Davis then addressed the Board, proposing that he would alter his site. He asked the Board to allow him 30 days to get his property into shape, according to his new plan to store 10 cars in front of the building and six on each side. Note: The Town has revoked Mr. Davis' permit because he is in violation of a condition that he will store no more than four cars on the property. His alternative proposal also would be contrary to that revoked permit. Action: None taken. 7c. CAC Communication - Dr. Sheryl Bauer addressed the Board. She said that volunteers in the group has spent thousands of hours to work in opposition to the South Wake Landfill. She summarized the accomplishments of the group and detailed its plans for the future. She asked the Town Board to take the issue and Wake County to court. She said she felt the expense of the legal fight would be recouped with the development of the property. She said she felt it would be irresponsible of the Town not to sue Wake County. Several members of the CAC spoke to urge the Board to take a strong legal position against Wake County. Action: None 7d. Public Comments - The following comments were offered: George Hamzik addressed the Board, offering his comments on several topics. A summary follows. (1) Signs -- Mr. Hamzik thanked Town staff for responding to and removing illegally-posted signs. (2) Sonic -- Mr. Hamzik commended Sonic for going to the community with information about its plans to build a restaurant. He asked if a brick veneer structure could be erected around the garbage dumpsters and if a privacy cover would be installed over the air conditioning units. (3) Temporary Office Trailers -- He said his initial reaction is that temporary office trailers should not be allowed in the downtown area. (4) Merita -- Mr. Hamzik said he felt that a retail/warehouse plan was presented. Actually, he said, it would be a distribution center, and he had questions whether or not the planned location on Hwy. 55 was a proper place to put this business. He suggested that a side street or a light industrial site would be better. He said he felt there would be large truck traffic at night and early morning with the delivery of baked goods. He also suggested that the brick veneer on the building be extended to cover the sides of the building. (5) Village Office Condos -- On the Village Office Condos plan, he said the tree root systems would be disturbed during construction, and he predicted the trees would die within five years. He suggested that the Board be prepared to request now that replacement trees be promised. At this time, a spokesman of Cardinal Operating Co., which is asking the Board to consider allowing the siting of a temporary office trailer on his property, said the trailer would be on site for only four or five months. At this time, Stephanie Norris, an engineer designing the parking lot for the Village Office Condos, addressed Mr. Hamzik's concerns about the trees. She said the parking lot has been designed so as to protect the root systems and save the trees. She admitted that the trees may die nevertheless. She said the Village Office Condos developer would replace the trees if this happens. At this time, the Board took a short recess. On return to business, the Board allowed resident Anne Mackey to address the Board on one more topic. Mrs. Mackey asked about the future of 23 acres owned by the Town and located behind Holly Springs Elementary School. The Town had expected that Wake County would build a school park on the property. That plan did not materialize. She asked that the Town Board look at appropriating funds in next year's budget to build a park and/or renew its requests to Wake County. 8a. Resolution 99-8 - Commissioner Dickson pointed out that the words "waste-to-energy" should be replaced with the words, "waste reduction." With that amendment, he moved that the resolution be adopted. Action: Commissioner Dickson moved that Resolution 99-8 urging Wake County to continue exploring alternative solutions to meeting the waste disposal needs of its citizens be adopted with a wording change to replace "waste-to-energy" to "waste reduction." Commissioner Dolle seconded the motion, which carried unanimously. A copy of Resolution 99-8 is incorporated into these minutes as addendum pages. 8b. Report from Town Attorney -- No report given. 8c. Middle Creek Bridge - Commissioner Dolle explained the background of this concept of the Town's reserving development fees collected from the developer of Sunset Ridge North and then using those fees in the future to pay half the cost of a bridge over Middle Creek. He explained that Commissioner Sack and he had talked with surrounding communities, the developer and the town engineer as to the economic and public safety benefits of this proposal. All that in consideration, he said, the bridge cooperative would be a meritorious project. He added, however, that the Town has limited funds. He said that he and Commissioner Sack recommend that the Town not to be involved in the project because it would be reserving a quarter of a million dollars for this project that could be used on other streets rather than on one expensive project. He added that the bridge would connect developments on either side of Middle Creek; however, it would be a residential type street and not a thoroughfare that would effectively move public traffic. Action: Commissioner Sack moved that the Town not participate in the construction of a residential bridge across Middle Creek. Commissioner Womble seconded the motion, which carried unanimously. 9a. Sonic - Mr. Mizelle addressed the Board explaining that the town has received a preliminary plan from Sonic. The site plan is for property located across Hwy. 55 from the Exxon station at Cayman and Hwy. 55. He explained that the developer has made several concessions and design changes to accommodate the Town's interests. Mr. Roger Kenney, owner of the Sonic franchise, addressed the Board. He said he has worked closely with the Town and the Windward Pointe Homeowners Association to address many concerns. He said he has even altered the typical Sonic architectural style in order to conform to Town standards. As for Mr. Hamzik's concerns about the air conditioning units, he said they would not be visible. He pointed out that extensive landscaping would be done to make the site attractive and provide buffer. Realizing that drainage is a problem in the neighborhood near where the property is located, Mr. Kenney introduced the engineer for his project who advised the Board that the Sonic project would have a negligible effect on the surrounding drainage basin. He said the plan meets and exceeds all other Town development requirements. Additionally, he said, the developer of Sonic has met with residents of neighboring Windward Pointe Subdivision to address concerns. In response to those concerns, the developer has committed that the project would include vegetative buffering landscaping; that lighting will not project beyond the property line; and hours of operation will be reduced from what was originally planned. To address the drainage issue, Mrs. Sudano explained that Town had retained Sungate engineering consultants to study drainage in a neighboring problem basin. Because this study is not complete at this time, Mrs. Sudano said she forwarded the Sonic site plan to Sungate and asked for the company's comment on the plan as it might pertain to the basin. Mrs. Sudano said the consulting engineer has determined that development of the Sonic site as presented would not raise the existing flood level. She said her comments on the site plan and her contacts with the Sonic developer have reached a point where the few remaining issues can be addressed before the construction drawing approval stage. Board members commented on the site plan, saying they felt the dumpster area should be surrounded by brick instead of wood, as planned The engineer for the Sonic project pointed out that Leland cypress trees would be planted around the wooden containment and would be so dense that the wooden frame and dumpsters would be hidden. He pointed out that the wooden fencing would allow for more efficient cleanliness. Residents spoke to the issue. Concerns were raised about the fact that the drainage study for the neighboring basin was not complete; lighting and sound pollution; that the buffering berm might not be tall enough; a retention pond on the property; traffic flow; sidewalk along Cayman; how Cayman has evolved into a through-street and that this project would aggravate the situation; and the possibility of stop signs' being erected on Cayman to control traffic speeds and discourage cut-through traffic. Action: Commissioner Womble moved that the preliminary plan for Sonic be approved, contingent upon all staff review comments' being satisfied. Commissioner Sack seconded the motion, which carried unanimously. In discussion, Commissioner Dickson explained that the Sonic would be a needed boost to the Town's commercial tax base. Commissioner Sack commended Mr. Kenney for working with neighbors and Town staff to come up with pleasing plan. 9b. Office Trailers - Mr. Mizelle explained that the Town had received requests from two different companies requesting permission to erect temporary trailers to be used for office space. One would be located on Ballentine Street, and one would be located in the industrial park. Both requests are for six months or less, he said. Action: Commissioner Womble moved that the petitioners be allowed to use temporary office trailers for a period of six months. Commissioner Dolle seconded the motion. During discussion, it was discussed that the Town should require a written agreement so that the time limit could be enforced. It was also discussed that an ordinance should be drafted to address allowing trailers as a special use. Vote: A 3-2 vote carried the motion. Commissioners Womble, Dolle and Sack voted for the motion. Commissioners Dickson and Martin voted against. The Board asked staff to return with a proposed ordinance to address the use of temporary office trailers, allowed as a special use. 9c. Merita - Commissioner Dickson pointed out that the Merita plan had been adjusted, and he thanked the developer for the new design, which was more attractive and in keeping with the Town's standards. Action: Commissioner Dickson moved that the plan for Merita Bread Company be approved. Commissioner Sack seconded the motion, which carried unanimously. 9d. Village Office Condos Parking Lot - Commissioner Dickson asked if buffering would be required on the edge of the parking lot nearest Hwy. 55. The engineer for the project said installing buffering would reduce the number of parking spaces in the small lot. Commissioner Dickson said he would favor a motion that the plan be approved, provided a semi-opaque buffering be provided along the Hwy. 55 edge. In further discussion, it was mentioned that the developer could investigate the possibility of providing additional buffering. Action: Commissioner Dolle moved to approve the plan for Village Office Condos Parking Lot as indicated and with the developer's trying to provide buffering on the Hwy. 55 edge. Commissioner Womble seconded the motion, which carried 4-1. Commissioner Dickson voted against. Commissioners Sack, Martin, Womble and Dolle voted for. 10. Consent Agenda - Commissioner Womble moved that all remaining items no the Consent Agenda be approved. Commissioner Martin seconded the motion, which carried unanimously. The following actions were brought about by the motion: 10a. Public Hearing - A public hearing date of March 16 was set to accept sworn testimony regarding a Special Use Permit application for Lakeside Commons. 10b. Lakeside Commons - erroneously listed on the agenda. 10c. Resolutions 99-9 and -9a - Resolution 99-9 and 99-9a, authorizing the application for High Unit Cost Grant Applications for water and sewer projects and designating Mayor Holleman as the responsible individual to execute appropriate application documents were adopted. Copies of Resolutions 99-9 and 99-9a are incorporated into these minutes as addendum pages. 10d. Resolution 99-10 - deleted from the agenda in earlier action. 10e. Resolution 99-11 - Resolution 99-11 requiring reduced-flow plumbing devices for new homes and homes for which renovation is requested and agreeing to offer an incentive rate for those complying with reduced-flow fixtures was adopted. A copy of Resolution 99-11 is incorporated into these minutes as an addendum page. 10f. Budget Amendment - a budget ordinance amendment in the amount of $16,500 to facilitate the purchase of a high-volume copier was adopted. A copy of this budget amendment is incorporated into these minutes as an addendum page. 10g. Enviro-Rehab Inc. / Budget Amendment - The Town entered an agreement with Enviro-Rehab Inc. for survey of the Town's manholes with respect to inflow and infiltration and to recommend possible remedies. A budget ordinance amendment in the amount of $8,000 to facility payment of this contract was adopted. A copy of the agreement with Enviro-Rehab Inc. is incorporated into these minutes as addendum pages. A copy of the budget amendment is incorporated into these minutes as an addendum page. 10h. Public Hearing - A public hearing date of March 16 was set to receive input on Rezoning Petition 99-R-05. 10i. Public Hearing - A public hearing date of March 16 was set to receive input on Rezoning Petition 99-R-06. 10j. Merita Bread Co. - This item was moved to New Business. 10k. RICA - The preliminary site plan for RICA for property located in Holland Industrial Park was approved. 10l. Village Office Condos Parking - This item was moved to New Business. 10m. Timber Wolf Subdivision - The preliminary subdivision plan for Timber Wolf Subdivision was approved. 10n. Salem Creek Business Park - The preliminary development plan for Salem Creek Business Park was approved, contingent upon the developer's satisfying staff review comments. 10o. Minutes - Minutes of the Board's regular meeting held on Feb. 16, 1999 were approved.
11. Mayor's Report -- None. 12. Commissioners Reports -- None. At this time, Mayor Holleman requested that the Board skip Item 13 and proceed to Item 14 before returning to 13. The Board agreed. 14a. Resignation of Commissioner Dolle - Commissioner Dolle offered his letter of resignation from the Board, effective March 7, 1999, in order to assume his new duties as Town Manager of Holly Springs on March 8, 1999. Action: Commissioner Sack moved that the Board accept Commissioner Dolle's resignation, effective March 7, 1999. Commissioner Womble seconded the motion, which carried unanimously. 14b. Board Vacancy -- Commissioner Womble moved that this topic be tabled until a future meeting of the Board. Commissioner Sack seconded the motion, which carried unanimously. At this time, Mayor Holleman asked the Board to consider an item not on the agenda. He explained that Mrs. Sudano was in need of hiring a contract inspector. He pointed out that funds were in place in the engineering department budget to cover the cost. Action: Commissioner Sack moved that Mrs. Sudano be authorized to hire a contract inspector. Commissioner Martin seconded the motion, which carried unanimously. 13. Closed Session - Commissioner Martin moved that the Board enter into Closed Session to hold conference with the Town attorney on subjects related to acquisition of real property and pending litigation. 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 3/2/99 In Closed Session, the Board discussed two land acquisition issues and one of pending litigation that is tied to a zoning regulation-related subject. The Board discussed with the Town Attorney and Finance Director the issues of land acquisition. It discussed with the Town Attorney and Planning Director the issue of zoning violation. It discussed with the Town Attorney and the Parks and Recreation Director the issue of land acquisition relating to Bass Lake. No action was taken, but directions were given. - End of General Account Action Taken Upon Return to Open Session: 1. None.
15. Adjournment - There being no further business for the evening, the Holly Springs Board of Commissioners meeting of March 2, 1999 was adjourned following a motion by Commissioner Dickson, a second by Commissioner Sack and a unanimous vote. Respectfully Submitted on Tuesday, April 6, 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. |