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Town of Holly Springs Board of Commissioners Regular Meeting Tuesday, April 6, 1999 MINUTES The Holly Springs Town Board of Commissioners met in regular session on Tuesday, April 6, 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. There is a vacancy on the Board of Commissioners at this time. 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; Len Bradley, director of parks and recreation; and Stephanie Sudano, engineering director. 2 and 3. The pledge of allegiance was recited, and the meeting opened with a moment of silent meditation. 4. Public Hearing: Ordinance 99-1, Parking Standards -- Mr. Mizelle introduced this public hearing topic. He explained that the Town's current parking requirements are not specific or inclusive enough to handle the development requests being proposed. The proposed ordinance amendment, he said, would broaden the current code and give updated standards for such users as shopping centers and offices. The standards are generic in that most municipalities have the same requirements, he added. Mr. Mizelle said that the staff and Planning Board had reviewed the ordinance text and recommended approval later in the meeting. With that explanation completed, Mayor Holleman opened the public hearing. The following comments were offered: For: None Against: None There being no public comment, the public hearing was closed.
5. Agenda Adoption - Commissioner Martin moved that the meeting agenda for April 6, 1999 be set with changes as listed below and adopted. Commissioner Dickson seconded the motion, which carried unanimously. Items Added: An address by Charles West was added to Requests and Communications. Items Deleted: None Items Removed from Consent Agenda: Item 9h., agreements with Cardinal Extension Co. and Consolidated Building Systems regarding temporary office trailers was moved to New Business, Item 8h. 6. Special Presentation - Commissioner Sack presented newly-published, full-color, bound copies of the Town of Holly Springs 10-Year Comprehensive Plan to commissioners. 7a. Bass Lake Communication - Mr. Bradley addressed the Board. He explained that in the Town's grant application for Clean Water Management Trust Fund dollars, the Town was asked to recognize the need for stream protection in preserving the head waters of the lake. Mr. Bradley is requesting that the Town consider adding an additional 50 feet to the Neuse River Basin buffer requirements for streams and bodies of water. Mr. Bradley says he believes this can be accomplished by the use of conservation easements without any negative impact on development. This would be very important in attaining a healthy lake, once the dam is rebuilt. He noted that his report was being submitted for the Board's information at this time. He said the Town's application for the Bass Lake grant contains a statement that the Town Board would consider a land use watershed ordinance. Consideration of this ordinance would not be referred to the Board until such time that the lake is fully restored, he said. Commissioners discussed how much of the Bass Lake watershed is not currently within the jurisdiction of the Town. No action taken. 7b. Charles West Communication - Mr. Dolle introduced Mr. West to the Board. Mr. Dolle explained that the Town has been working for about two years with Mr. West during the course of various plan approvals for his project planned for Sunset Lake Road. At this point, a developer agreement is being devised to provide the Town with upsized waterlines into the area. The project, for various reasons, has been wrought with delays, but the developer agreement is imminent. The developer said he wanted to talk to the Town Board to simply lay the groundwork for the developer agreement's coming before commissioners in May. He explained that he has been faced with several expensive delays and that he is eager to begin construction. Of particular frustration, Mr. West said, was an unexpected expense involved in extending the larger water lines, particularly since initial contacts with the Town two years ago led him to believe that the Town would be extending its own waterlines, which has not occurred. He asked that the Town Board look favorably upon the developer agreement when it is presented. No action taken. 8a. Policy Statement #8, Public Address of the Board - Mr. Dolle explained that staff had devised a set of guidelines to be used in effectively managing public comments during regular meetings of the Board of Commissioners. The guidelines are intended to encourage public comment while maintaining a sense of order during meetings. Also, the guidelines provide mechanisms for concerns to be more effectively addressed through proper channels. Action: Commissioner Sack moved to adopt Policy Statement #8 establishing guidelines to encourage and manage public comment during Town Board meetings. Commissioner Womble seconded the motion, which carried unanimously. A copy of Policy Statement #8 is incorporated into these minutes as addendum pages. Commissioner Dickson suggested that an extra agenda packet be placed by the sign up sheets so that citizens could study its contents on agenda items that might be of interest. Resident Van Crandall asked to address the Board. He said he thought the Consent Agenda should be eliminated from the meeting agenda. 8b. South Wake Landfill - Mr. Dolle explained that Wake County is challenging the State's decision to place a condition on its permit that the facility cannot accept truck traffic until the Hwy. 55 Bypass is completed. Wake County objects to the condition because if the Bypass project is delayed, the county would have to begin the permitting process all over again in order to get an alternate access approved. NCDOT does not expect that the Bypass project will be delayed; however, the county is opposed to the re-permitting process if, for some reason, the project is delayed. Of concern to Holly Springs is the fact that if this condition is relieved, Wake County may be able to access the site via Hwy. 55 proper, Mr. Pearson said. This would pose a serious threat to the safety of motorists on Hwy. 55 and residents of Holly Springs. Additionally, already severe road congestion on Hwy. 55 would be further aggravated; roadside litter would increase and road conditions would rapidly deteriorate. Because of these negative impacts, and others, it was recommended that the Town oppose this Wake County initiative and take steps necessary to insure that the requirement to use the Hwy. 55 Bypass for access to the property remains a condition of the permit. Mayor Holleman said he felt the Town Board should instruct the Town Attorney to investigate what exactly the county is opposing -- whether it is the condition itself or the last phrase, which states that no alternative access could be used without going through the permitting process. The Town Attorney said he would investigate county's petition and determine if further steps are necessary and recommend actions to the Board. He said whatever the Town does, it would be in the interest of preserving the requirement that access be via the Hwy. 55 Bypass because using current road alignment would be unacceptable. Commissioner Dickson asked what kind of action would be taken, if the Town Attorney were to determine action was necessary. Mr. Pearson explained that the first action that comes to mind would be to file a motion to intervene into the action as an interested party. He explained that this would be in the form of a request, which would have to be approved. If approved, the Town could act as a party in the issue between Wake County and the State and state its concerns. Action: Commissioner Womble moved that the Town Attorney investigate the nature of the petition filed by Wake County and to make recommendations to the Board regarding an appropriate response. Commissioner Dickson seconded the motion, which carried unanimously. 8c. Resolution 99-17; Condemnation; Cornell Trust - Mrs. Sudano addressed the Board, explaining that over the past several months, staff has worked with property owners in the Bass Lake area to obtain sewer easements from five property owners for the construction of the Bass Lake Sewer Line Extension (Farmer's Home Project). Each property owner has been contacted at least three times in writing, in addition to meetings with the appraiser and the negotiator. Negotiations with one of the five property owners has not been successful, and staff was recommending adoption of Resolution 99-17, a "Resolution Authorizing Condemnation" for the Harry Cornell Trust properties. She noted that this construction project is funded with a low-interest loan from the federal government, and that the Town must proceed judiciously and quickly to resolve the property acquisition matter. Mrs. Sudano explained that there is some concern in that the Town is proceeding with condemnation on the Harry Cornell Trust property at the same time the Town is also attempting to negotiate purchase of the lake owned by the same. Mr. Pearson pointed out that this is a friendly condemnation process that would not likely affect the Bass Lake purchase negotiations. Action: Commissioner Sack moved that Resolution 99-17, a "Resolution Authorizing Condemnation" for the Harry Cornell Trust property, be adopted. Commissioner Dickson seconded the motion, which carried. A copy of Resolution 99-17 is incorporated into these minutes as an addendum page. 8d. Resolution 99-18; Authorizing the Exchange of Property - Mr. Mizelle explained that at the March 16, 1999 meeting, he asked the Board to authorize the process to allow the Town to trade an HP 650C plotter for an HP 750C Plus E plotter from CADD graphics. In addition to the old plotter, the Town will also pay an additional $4,455, which includes $875 for warranty extension and $330 for sales tax. According to legal procedures, a resolution authorizing the exchange of property should be adopted, and the public allowed to be heard. With that explanation, Mayor Holleman asked if anyone had any objections to the Town's trading in the plotter. There were no comments from the public. Action: Commissioner Dickson moved that Resolution 99-18 authorizing the exchange of property be adopted. Commissioner Martin seconded the motion, which carried unanimously. A copy of Resolution 99-18 is incorporated into these minutes as an addendum page. 8e. Ordinance 99-2 - Commissioner Martin moved that Ordinance 99-2 addressing off-street parking requirements be adopted. Commissioner Sack seconded the motion, which carried unanimously. A copy of Ordinance 99-2 is incorporated into these minutes as addendum pages. 8f. Apex Labs - Mr. Dolle explained that there are two issues in this matter, the site plan and the question of offering developer incentives for the extension of Ballentine Street. Mr. Dolle said the preliminary site plan has gone through all the reviews of the Town program and approval is recommended. The real question in this matter, however, is that of financial incentives from the Town to Apex Labs to pay for construction of a portion of Ballentine Street and the associated sewer line along the property frontage. Mr. Dolle explained that Apex Labs is requesting that the Town cover these costs. The ballpark cost of these improvements is between $15,000 and $25,000. The advantage is this action is that it ensures construction of Apex Labs, it opens the possibility of future expansion by the developer and it extends a portion of Ballentine Street that is currently wooded land. The down side of the decision to pay for these improvements, Mr. Dolle said, are that no money has been budgeted to support developer incentives; Apex Labs is a very small project; and the business is relatively small with only a 5,000 square foot building and three employees. Additionally, Mr. Dolle pointed out, virtually all the industrial lots owned by Brad Holland are either already sold or currently under contract, and it would appear that no incentives are needed to motivate buyers to build in this section of the park; Item 9g. on the consent agenda is another site plan approval in the industrial park that entails road improvements on Irving Parkway by the developer, and the town has not offered (and should not offer) to help offset these costs; and approving these incentives is not consistent with Town Board's recently-adopted Industrial Incentive Policy that focuses financial support to large industrial projects with a minimum capital investment of $3,000,000 and that creates 40 new jobs, etc. Mr. Dolle said the town did recently receive a $12,000 reimbursement in CBDG funds from the sale of a house. He said that $3,000 of that money has already been obligated, leaving $9,000. Mr. Dolle said that, if the Board were inclined to offer an incentive to Apex Labs, that it provide a $9,000 grant to Apex Labs to be paid after the developer completes all the infrastructure improvements. The Town's contribution should only be in the form of this grant. All design work for Ballentine / water/ sewer and all construction remains the responsibility of the developer, he noted. Action: Commissioner Womble moved that the preliminary site plan and developer incentive of $9,000 be approved as per the Town Manager's recommendation. Commissioner Sack seconded the motion, which carried unanimously. 8g. Cross Pointe Village - Mr. Mizelle explained that the Town is in a partnership with a private developer to build this affordable housing subdivision. Staff has been working on the bid process for Cross Pointe Village with the Town's co-developer, Stafford Land Company. Stafford's consulting engineer, John Johnson, managed the process and recommends the award of the Unit Price Contract in the amount of $276,627.34 to low bidder, Wellons Construction Co. Inc. This contract will provide for infrastructure improvements to the site. The Town was awarded a CDBG Housing Development grant in the amount of $250,000 for the infrastructure improvements, including $20,000 for the administration of the grant. Mr. Mizelle pointed out that the remaining $230,000 for hard costs is just short of the total contract. He explained that staff had expected that this would be the case and had approached Stafford Land Company with a proposal that it would provide the financing for the amount not covered by the grant. Stafford Land Company has committed that it would provide the $46,000-plus in shortfall in exchange for developer fee credits. Mr. Mizelle said that, if the Town Board were to give the okay, a developer agreement would be drawn up to commit Stafford Land Company to the financial commitment so that the Town could enter into contract with Wellons. Action: Commissioner Sack moved that Wellons contract be approved contingent upon a developer agreement's being drafted between the Town and Stafford Land Company for the exchange of $46,000 for fee credits. Commissioner Martin seconded the motion, which carried unanimously. A copy of the bid tabulation is incorporated into these minutes as an addendum page. 8h. Temporary Office Trailers - Commissioner Dickson explained that he was opposed to the siting of temporary office trailers on-site, especially in the downtown area. Action: Commissioner Dickson moved that the Board not enter into agreements to allow Cardinal Extension Co. nor Consolidated Building Systems to erect and use temporary mobile units as office space for a period of six months. The motion received no second and was defeated 1-3. Commissioner Dickson voted for. Commissioners Sack, Womble and Martin voted for. Action: Commissioner Martin moved that the Town enter into agreements with Cardinal Extension Co. and Consolidated Building Systems to allow the companies to erect and use mobile units as temporary office space for up to six months. Commissioner Womble seconded the motion. During discussion, Commissioner Martin asked Commissioner Dickson to air his concerns. Commissioner Dickson said he felt the extension of office space through mobile units was unsightly, especially downtown. Commissioner Sack pointed out the offices in both cases would be temporary, that the staff was coming back to the Board with a proposed ordinance that would address this issue and that allowing the temporary measure would be accommodating for hometown businesses without placing an undue burden on anyone. Vote: The motion carried, 3-1. Commissioners Sack, Martin and Womble voted for. Commissioner Dickson voted against. The text of these agreements is incorporated into these minutes as an addendum page. 9. Consent Agenda - Commissioner Martin moved that all remaining items on the Consent Agenda be approved. Commissioner Womble seconded the motion, which carried unanimously. The following actions were brought about by the motion: 9a. Cayman Avenue Stop Signs - The installation of stop signs on Cayman Avenue was approved as a temporary measure to help reduce traffic speeds and to discourage cut-through traffic. 9b. Budget Amendment, to accept grant - A budget ordinance amendment in the amount of $2,000 was adopted to assign funds from a mini-grant received from the Division of Public Health. The funds will be used in the prevention of tobacco use in African-American youth populations. The funds will be budgeted in line item 10-420-24 (After School Program). A copy of this budget amendment is incorporated into these minutes as an addendum page. 9c. Budget Amendment, reduce debt service - A budget amendment in the amount of $140,692 was adopted to record a transaction in the wastewater treatment plant project as capitalized interest and not as an operating transfer from the budget. And then as debt service and operating transfers-in in the Utility Fund by $140,692. A copy of this budget amendment is incorporated into these minutes as an addendum page. 9d. Budget Amendment, infiltration and inflow work - In March, the Board of Commissioners authorized an inflow and infiltration study of the Town's network of manholes to determine how water was getting into the wastewater collection system. The need to correct these problems is critical because on rainy days, our WWTP routinely exceeds its permitted flow. The Town needs to correct these problems. The estimated cost of this service for repairs is $41,000. To cover the cost, a budget amendment for $41,000 was adopted, using additional sewer revenues for the funding. There is money available from this source, as the current budget amount is $559,446 and the projected revenues through June 30 is $706,991.48. A copy of this budget amendment is incorporated into these minutes as an addendum page. 9e. Budget Amendment, irrigation meter program - During the recent period of reduced-cost installations of second meters for irrigation, water customers had the option to have these installed by the Town for a tap-on fee of $500. Over 40 individuals used this method, which generated over $20,000. The budget amendment adopted recoups the cost of supplies and materials purchased (by the Town) for this work and returns these funds back to the Public Works Department. A copy of this budget amendment is incorporated into these minutes as an addendum page. 9f. Carroll's Service Center - The preliminary site plan for Carroll's Service Center submitted by Stephanie Norris, Norris Design Consultants, Inc. was approved as presented and contingent upon satisfaction of staff review comments. With this approval, the Town Board agreed to a package of improvements that will bring the Ace Industries building (where Carroll's plans to relocate their automotive repair business) into compliance with many of the recently enacted commercial development standards. The Town Board has also agreed to a time frame in which these improvements must be provided. The approved site plan accomplishes the following: Within 90 days: (1) Relocate the driveway to the location specified on the site plan (2) Install 30' highway buffer (3) Construct a gravel parking area to accommodate 15 cars (plus 1 handicap) (4) Construct 6' high privacy fences Within one year: (1) Install concrete curb and gutter from the right of way line to the privacy fence (2) Pave the front parking area from the NC 55 edge of pavement to the privacy fence. * Side buffers will be installed as adjacent development occurs. In addition, the road widening and building facade improvements will be waived for this site. 9g. Scientific Calibrations Inc. - The preliminary site plan for Scientific Calibrations Inc. submitted by Frank Braxton, Sungate Design Group was approved. 9h. Temporary Office Trailers - This item was moved to New Business earlier in the agenda. 9i. Set Public Hearings - A public hearing date of Tuesday, April 20, 1999 was set to accept public testimony/input regarding the following cases: Special Use Permit Application 99-SUP-02 for Holly Glen Recreation Area; proposed Ordinances 99-3 and 99-4 regarding flag lots; proposed Ordinance 99-5 regarding temporary office trailers; and Rezoning Petition 99-R-07 requesting C-1 zoning for property located on Main Street. 9j. Minutes -- Minutes of the Board's regular meeting held on March 2, 1999 were approved. 9k. Chamber Golf Tournament - The Town Board authorized a $280 expenditure to cover the cost of entering a foursome in the 3rd annual Holly Springs Chamber of Commerce Golf Tournament. The foursome is to be made up of the Town's Economic Development Director and three key economic development people to round out the team. 10a. Other Business, Merita Bread Site - In March, the Board of Commissioners approved the site plan for Merita Bread Company. At that time, the Board asked the developer to make some appearance changes to the building but otherwise approved the site plan. Tuesday evening, drawings of the new building appearance were shown. The drawing illustrated major improvements to the attractiveness of the site. No action taken. 11. Mayor's Report -- Mayor Holleman said he needed three residents to serve on the Wake County Chamber of Commerce school bond issue committee. 12. Commissioners Reports: Commissioner Dickson - Commissioner Dickson reported that he attended the last meeting of the Triangle J Council of Governments. He reported that a solid waste committee had formulated a study addressing alternative technologies to solid waste landfilling. He reported that he attended a public hearing on the widening of Hwy. 55 from Fuquay-Varina to the Holly Springs Bypass. He said he had noticed and commended Mr. Dolle for changes made in Town Hall since he began his duties as town manager. Commissioner Womble - Commissioner Womble asked if a Town flag featuring the town seal and colors could be designed and purchased. Commissioner Martin - Commissioner Martin said he had been talking to residents who want to know if New Hill Road can be paved beginning where the existing pavement ends. The mayor said he would make a request of that to NCDOT. Commissioner Sack - Commissioner Sack said he also attended the NCDOT hearing regarding the Hwy. 55 widening project. He reported that the biggest number of people who spoke were from Somerset Farm and that concerns were of a need for a traffic light to control and manage traffic. He suggested that the Town also officially request a traffic light. 13. Closed Session - Commissioner Martin moved that the Board recess for 10 minutes before entering into Closed Session to hold conference with the Town attorney on subjects related to acquisition of real property. Commissioner Sack seconded the motion, which carried unanimously. Before the break, Mr. Dolle reported to the Board about how the Holly Springs Department of Public Safety played a key role in apprehending a felon wanted in Florida for injuring a highway patrol officer. Before the break, resident Van Crandall asked to address the Board on a few issues. Mr. Crandall reported that the issue of a low level radioactive waste site proposed for near Holly Springs was being revived. He said the waste management authority is attempting to get the ground rules amended so that the site might be licensable. Also, he addressed CP&L's proposal to increase storage of high-level radioactive spent fuel rods at the Shearon Harris Nuclear Plant. He said he feels it is a compelling issue and that he is disappointed that no towns in Wake County or Wake County itself has joined the process of making sure the NRC provides a public hearing for this issue. He also spoke on the topic of electric utility deregulation and restructuring, which is coming up. He said his group has come up with a good presentation. He asked if the association could make a 45-minute presentation to the Board on electric utility deregulation. He pointed to Cary's example of forming a fiber-optic network for communications and said he thought the Town of Holly Springs should consider the same idea as a revenue stream. Finally, he said he was disappointed that the Town did not take any legal action against Wake County. At this time, the Board recessed for 10 minutes. At 9:15 p.m., the Board reconvened in Closed Session. 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 4/20/99 In Closed Session, the Board discussed one land acquisition issue and one of personnel. The Board discussed with the Town Attorney and Parks and Recreation Director the issue of land acquisition and provided direction regarding the Bass Lake purchase negotiations. The Town Manager provided a brief report of personnel issue. The Town Manager reported that the Board could expect a few more proposals involving developer incentives and requests for Town partnering in projects. He suggested that the Town Board members might want to formulate opinions on such partnerships. No action was taken, but directions were given. - End of General Account Action Taken Upon Return to Open Session: 1. None.
14. Continuation - There being no further business for the evening, the Holly Springs Board of Commissioners meeting of April 6, 1999 was continued to 7 p.m. Monday, April 19 following a motion by Commissioner Sack a second by Commissioner Martin and a unanimous vote. The meeting was continued so that several items relating to capital improvement projects could be discussed and so that the Town Board could potentially act upon the Town Attorney's recommendations regarding the County's South Wake Landfill permit. 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. |