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Town of Holly Springs Board of Commissioners Regular Meeting Tuesday, May 18, 1999 MINUTES The Holly Springs Town Board of Commissioners met in regular session on Tuesday, May 18, 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 7:30 p.m. A quorum was established as the mayor pro tem and all three remaining 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, Ken Martin, Tim Sack and Mayor Pro Tem Womble. Board Members Absent: Mayor Holleman. Staff Members Present: Jim Dolle, town manager; Ernest C. Pearson, town attorney; Joni Smith Powell, town clerk (recording the minutes); Don Mizelle, planning director; Stephanie Sudano, engineering director; Len Bradley, director of parks and recreation; and Cecil Parker, chief of public safety. Also present was Derek Baker of the Town's engineering department.
2 and 3. The pledge of allegiance was recited, and the meeting opened with a moment of silent meditation. 4a. Public Hearing: Special Use Permit Application 99-04, Cardinal Extension Company -- Mr. Mizelle introduced this public hearing topic. He explained that Cardinal Extension Company is requesting that a Special Use Permit be issued to allow the installation of a meter station on land currently owned by the Town of Cary. Public utility sites are allowed in an R-20 zone (the zoning of the site) with a SUP, Mr. Mizelle said. Mr. Mizelle added that the company also is requesting that road widening requirements on Holly Springs Road be waived; however, the staff recommendation is that the development, if granted a SUP, be required to meet all code requirements, including landscaping and road widening. With that explanation completed, Mayor Pro Tem Womble opened the public hearing. Those offering testimony were sworn in by the Town Clerk. The following witnesses were heard: For: Brad Lushbaugh, representing the applying company - Mr. Lushbaugh outlined the proposed project and submitted his company's Special Use Permit application and associated drawings as evidence into the sworn record. A copy of this Special Use Permit Application addressing the Six General Conditions and associated drawings are incorporated into these minutes as addendum pages. Mr. Lushbaugh explained that the metering station is for natural gas utilities. Mr. Lushbaugh explained that the company is willing to meet all staff review comments of the plan, except for one. He said the company would not desire to provide widening of Holly Springs Road, and he requested waiver of the requirement because the property is isolated and traffic would not be generated; however, he said the company would provide an additional fire hydrant, increase its landscaping, and provide additional easement and right-of-way for road and utility purposes. At this time, Commissioners asked questions of the witness as to how the development would look and addressed safety issues. Commissioner Sack pointed out that Holly Springs Road is destined to become a four-lane median divided causeway entrance into town, and he said he was concerned that the buffer of 30 feet plus 20 would not be enough following widening. Commissioner Martin agreed. Commissioner Martin asked Mrs. Sudano how close the widening of Holly Springs Road would be to the development. She said the widening project would put the roadway edge to 30 feet from the metering station. She noted that the Board might want to consider that this portion of Holly Springs Road may require realignment in the future. Mr. Lushbaugh said that the 30-foot buffer would remain an undisturbed buffer. Commissioners discussed passing the SUP application back to the Planning Board, which could not review the application in April because of lack of a quorum. Resident Van Crandall rose to ask questions about the project. He wanted to know why this piece of property was chosen and he asked if a clearer picture of how the site would look could be provided. He asked if there would be "associated partners" and who they would be. Against: None. (Written comments were provided to commissioners in their packets from citizens John Wood and Bob Clark; however, this input was not accepted under oath). These comments addressed the appearance of the site, particularly with its proximity to Holly Springs Road. The company's change in the driveway alignment was in response to these comments. Planning Board Recommendation: None (plan did not go before the planning board). There being no further witnesses to testify, the public hearing was closed. 4b. Public Hearing: Annexation Petition A99-01 - Mr. Mizelle explained that property owner Dr. George T. Grigsby Jr. has petitioned the Town for voluntary annexation of 5.82 acres located on Grigsby Avenue Extension. The petition is sufficient and meets all requirements for annexation. With that explanation completed, Mayor Pro Tem Womble opened the public hearing, and the following comments were entered into the record: For: None. Against: None. Planning Board Recommendation: Not applicable. There being no further comments, the public hearing was closed. 4c. Public Hearing:Annexation Petition A99-02 - Mr. Mizelle explained that a property owner and Arbor Creek Associates has petitioned the Town for voluntary annexation of 2.796 acres located on Hwy. 55. The petition is sufficient and meets all requirements for annexation. That explanation completed, Mayor Pro Tem Womble opened the public hearing, and the following comments were entered into the record: For: None. Against: None. There being no further comments, the public hearing was closed. 5. Public Comments - At this time, a 15-minute time period was allotted for audience members to use in addressing the Board on issues not included on the agenda. No citizens registered prior to the meeting to speak; however, the Board allowed Mr. Glen Murdaugh to address the Board as he requested. 5a. Glen Murdaugh, 408 W. Ballentine St. - Mr. Murdaugh said he is concerned about traffic speeds on Ballentine Street now that the roadway is opened through the park property. He reiterated a request he made last year for the installation of stop signs on Ballentine at its intersection with Elm Avenue, creating a three-way stop; for monitoring of traffic by the public safety department; and for the issue to be brought to the Board again on a meeting agenda in the near future. Actions Taken: None. Directions Given: Board directed staff to investigate and report. 6. Agenda Adoption - Commissioner Dickson moved that the meeting agenda for May 18, 1999 be set with changes, 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. USDA Loan Package - Mr. Jackie McLamb of the Rural Economic and Community Development office addressed the Board to review a number of documents necessary for amending a previously-approved loan. At the May 4 meeting, the Town Board awarded construction of the Town's elevated storage tank and Bass Lake Pump Station project conditionally - pending funding of the approximately $260,000 shortfall in funds for the project. Mr. McLamb explained that the original funding for this project will be amended and adjusted to supply the additional funding needed for the completion of the elevated water storage tank and pump station. In summary, he said, the difference adjusts the original loan amount to $3,675,900, which is about $250,000 more that what was originally borrowed by the Town in 1995. Also different, Mr. McLamb said, would be the amount the Town will be required to provide to the project. Originally, the Town was not required to provide any local funds; however, the Town will now have to provide $70,000 in its own money for the project. Those funds, he explained, will be available from interest earned on bonds and sales tax refunds. Mr. McLamb then went through each document in the financial package. He pointed out that one of the forms, AD-1048, especially requires the Town to conduct a self-assessment of its facilities for ADA compliance. In closing, Mr. McLamb suggested that the Board adopt Resolution 99-26 in order to follow through with the loan. Action: Commissoner Martin moved that Resolution 99-26, accepting the conditions set forth in the Letter of Conditions dated November 21, 1995 with addendum dated May 18, 1999, the RUS Bulletin 1780-27, Loan Resolution dated May 19, 1999, be adopted. Commissioner Dickson seconded the motion, which carried unanimously. A copy of these resolutions and documents are incorporated into these minutes as addendum pages. 7b. Braxton Village Developer Agreement - Mrs. Sudano explained that the developer of Braxton Village Subdivision is installing a pump station, force main, and additional gravity sewer to serve Braxton Village plus properties in the upstream drainage basin. In accordance with Town policy, the developer is eligible to receive sewer acreage fee credits for the cost of oversizing the pump station, in addition to water acreage fee credits for the cost of oversizing the waterline. However, the developer is interested in pursuing additional sewer acreage fee credits based on the following:
Water and sewer acreage fees due on the Braxton Village project total $315,000 and are summarized: sewer acreage fees due for Braxton Village project total 525 lots x $300/lot = $157,000; water acreage fees due total 525 lots x $300/lot = $157,000. The developer is asking for a combination of water and sewer fee credits in the amount of $225,000, as outlined: oversizing of the water line (installing a 12-inch along Avent Ferry Road) in the estimated amount of $15,000; plus oversizing and relocating the pump station and force main and installing additional gravity sewer in the estimated amount of $210,000*. * The estimated cost of constructing sewer pump station and force main infrastructure in accordance with the original approved plan (seven mini-pump stations) is $455,000. The estimated cost of constructing one major pump station, force main and gravity sewer to relocate it downstream (oversized to accommodate future growth) is $665,000. The difference between these two numbers is $210,000. Mrs. Sudano said that staff recommends entering into a developer agreement with the developer of Braxton Village as outlined in a general concept in this report for the following reasons:
Commissioner Sack said he felt that taking the sewage directly to the plant as outlined would be an advantage to the Town as well as help Trotters Bluff with an odor problem that is being experienced. Action: Commissioner Sack moved that the Town enter a developer agreement as outlined in the concept presented. Commissioner Martin asked if Commissioner Sack would amend his motion to include that the developer agreement be in accordance with the staff recommendation. Commissioner Sack agreed to the amendment, and the motion carried unanimously. 7c. Special Use Permit 99-04 Action: Commissioner Dickson moved that Special Use Permit application 99-SUP-04 be referred back to the Planning Board for review on May 25. Commissioner Sack seconded the motion, which carried unanimously. 8a. NCSEA Communication - Mr. Van Crandall of the North Carolina Solar Energy Association had intended to provide a lengthy information presentation on electric utility deregulation and restructuring. That presentation was to be limited by policy to five minutes. Mr. Crandall attempted to capsulize the topic by saying that most citizens and local governments are oblivious to the issue of electric utility deregulation and restructuring. He said he felt that local governments should understand this complicated issue and be involved. He also complained about the five-minute time limit. Commissioner Sack suggested that a town board meeting might not be the best forum for this topic, but suggested that a special night just for the presentation be scheduled for anyone who was interested in attending. The website for the American Local Power Project can be found at www.local.org. This site, Mr. Crandall said, is not associated with NCSEA, but is one of the best websites he has seen on this issue. Commissioners said they would read the material provided and get back with Mr. Crandall with any questions. No action taken. 8b. George Hamzik Communication - Mr. Hamzik addressed the Board regarding the problems of business owners' using their front windows for the display of signs and posters. He feels that this seems to defeat the purpose of the Town's sign ordinance, and he feels that there is a safety issue. Mr. Hamzik said he would propose that the Town initiate a new sign ordinance that would address this issue by controlling the percentage of visible area that could be covered by signs. He gave commissioners a list of suggested requirements and provisions that could be included in an ordinance amendment addressing signs. Commissioners agreed that regulations addressing window signage would result in more attractive and safer buildings. Direction Given: Commissioners referred this issue to the planning department for investigation and a report back to Board. 8c. Staff Communication: Roadside Litter - Chief Parker reported on efforts to curtail roadside litter. He reported that letters had been issued to local waste haulers advising them of the Town's plan to crack down on tarping, speeding and maximum load laws, beginning June 1 in an effort to reduce roadside litter and dangerous traffic violations. No action taken. 8d. Staff Communication: Sign Ordinance - Mr. Mizelle reported that, in addition to the code enforcement efforts concerning non-compliant businesses, trash, and debris along the Town roadways, staff is preparing a course of action concerning the visual clutter caused by temporary real estate directional signs. The proliferation of these signs along the Town's roadways is both unsightly and potentially dangerous to motorists, pedestrians and the economic development efforts of the community. In the past, staff has liberally interpreted the real estate sign provisions per the Board's request to allow increased visibility of residential projects in Holly Springs. A literal and accurate interpretation of the sign code would not allow off-site real estate direction signs anywhere in Town. In addition to the interpretation issue, all signs are currently specifically prohibited in the right of way of any road. Mr. Mizelle said a letter will be distributed to the various real estate marketers, informing companies of the Town's intent to increase enforcement in this area. Through the course of discussions regarding this proposal, Mr. Mizelle said, staff concluded that the Town's current sign ordinance is inadequate to meet the Town's needs. In order to provide greater scrutiny as well as specificity concerning the regulation of signage, staff is prepared to develop a new sign code that would replace the one in use for almost 20 years. A public hearing will be needed to officially enact any new sign code; however, the policy concerning the real estate signs outlined above can begin without any new legislation, he said. No action taken, but the Board did endorse the efforts. 8e. Staff Communication: Town Hall Technology Assessment - Mr. Baker reported to the Board of Commissioners on a recent study conducted by a firm contracted to determine the Town's needs in tapping into WakeNet. He said an updated report would be forthcoming. In summary, it has been determined that WakeNet would be beneficial for the Town. No action taken. 9. Board Vacancy - Mayor Pro Tem Womble addressed this topic, opening discussion by recapping the situation. He stated that the Board had a vacancy that needed to be filled and that there had been suggestions made that the position be filled either by someone with no intentions of running in November or with anyone else. He mentioned that he knew of a few citizens who had expressed interest in filling the position, including Peter Atwell, Bill Banks, Richard Sears and Jonathan Gibbons. Commissioner Dickson said he does not believe that someone who fills the position now would have an unfair advantage in the upcoming election. He said he did not feel that was a valid argument. Commissioner Sack said he disagreed because an incumbent would have name and face recognition. He said he was in favor of appointing someone like Bill Banks, who could be up to speed, current on the issues, familiar with things in the pipeline and who had no agenda. He said an added plus would be that Banks is a long-time resident who would provide balance on the board, which is made up mostly of relatively new residents. Commissioner Sack mentioned that Banks also worked on the committee developing the Comprehensive Growth Plan, so he would have important background knowledge that another person might not have. With that, Commissioner Sack nominated Bill Banks. Commissioner Dickson lauded Peter Atwell as a business leader and for his involvement in civic organizations. He said he thought Mr. Atwell would be an excellent addition to the Board, especially for his interest in economic development With that, Commissioner Dickson nominated Peter Atwell. Action: Commissioner Martin moved that nominations close. Commissioner Sack seconded motion, which carried unanimously. Action: Mayor Pro Tem Womble called for a vote on the nominations. Commissioner Dickson voted for Peter Atwell. Commissioners Womble, Martin and Sack voted for Bill Banks. Mr. Banks was appointed to the position, following the 3-1 vote.
10. Consent Agenda - Commissioner Martin moved that all items on the Consent Agenda be approved. Commissioner Sack seconded the motion, which carried unanimously. The following actions were brought about by the motion: 10a. Annexation Ordinance A99-01 - Annexation Ordinance A99-01 was adopted, extending the Town's corporate limits to include 5.82 acres on Grigsby Avenue Extension, effective June 30, 1999. A copy of Annexation Ordinance A99-01 is incorporated into these minutes as addendum pages. 10b. Annexation Ordinance A99-02 - Annexation Ordinance A99-02 was adopted, extending the Town's corporate limits to include 2.796 on Hwy. 55, effective June 30, 1999. A copy of Annexation Ordinance A99-02 is incorporated into these minutes as addendum pages. 10c. Minutes - Minutes of the Board's special meeting held on Thursday, April 15; a continued meeting held on Monday, April 19 (continued from April 6); a regular meeting held on April 20; and a special meeting held on April 24, 1999 were approved. 11. Other Business - Mr. Dolle recommended that the May 18 meeting be continued until Monday, May 24 so that a budget workshop could be held. He reported that the Planning and Community Development Department had accepted on behalf of the CPDC a first-place state award for the Town's 10-year Comprehensive Growth Plan. The Holly Springs plan tied with the City of Hickory for first-place honors in the Cities of 50,000 population and less category of the competition. 12. Mayor's Report -- None. 13. Commissioners Reports: Commissioner Dickson - Commissioner Dickson reported on the Jaycees clean up day; he welcomed Bill Banks to the Board; and suggested that a process be developed for filling future vacancies more expediently. Commissioner Womble - Commissioner Womble thanked the Planning and Community Development Department for hosting a developers luncheon; and he agreed that a process should be developed for filling vacancies on the Board. Commissioner Martin - Commissioner Martin asked Dr. Atwell to report on the Holly Springs Chamber of Commerce golf tournament, which was held May 17. Dr. Atwell said the tournament raised funds for the Holly Springs Elementary School Teachers' Pet Project and DARE programs. Other proceeds, he said, would to toward support of chamber operations; Commissioner Martin then thanked Mrs. Sudano for writing a letter to DOT requesting the paving of a portion of New Hill Road. Commissioner Sack - None. 14. Closed Session - Commissioner Sack moved that the Board recess for 5-minutes before entering into Closed Session to hold conference with the Town attorney on subjects related to land acquisition. Commissioner Martin seconded the motion, which carried unanimously. Action Taken in Closed Session: 1. Commissioner Martin moved that the Board return to Open Session. Commissioner Sack seconded the motion, which carried unanimously. A General Account of the Closed Session follows. General Account of Closed Session 5/18/99 In Closed Session, the Board discussed two issues of land acquisition. Mr. Bradley reported that the final purchase contract under consideration included these terms: that the Town would pay $1,000 per acre for the lakebed; $50,000 for the parking area; and an additional $70,000 for cutting off access to the lake. He said the total needed for the purchase was required at time of closing. Mr. Pearson recommended that the Board return to open session to vote on this and on a motion to ratify the purchase of land for a middle school. No action was taken in Closed Session. - End of General Account Action Taken Upon Return to Open Session: 1. Commissioner Sack moved that the Town Board ratify the purchase of property for a middle school at a cost of $160,000. Commissioner Martin seconded the motion, which carried unanimously. 2. Commissioner Martin moved that the Town approve a contract to purchase Bass Lake and surrounding properties at a cost of $1,000/acre for the lake itself; $50,000 for the parking lot; and $70,000 for cutting off existing access to property owners for a total purchase price of approximately $210,000. Commissioner Sack seconded the motion, which carried unanimously.
15. Adjournment - There being no further business for the evening, the Holly Springs Board of Commissioners meeting of May 18, 1999 was continued until 7 p.m. Monday, May 24, 1999 following a motion at 10:10 p.m. by Commissioner Martin, a second by Commissioner Dickson and a unanimous vote. Respectfully Submitted on Tuesday, June 15, 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. |