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Town of Holly Springs Board of Commissioners Regular Meeting Tuesday, June 1, 1999 MINUTES The Holly Springs Town Board of Commissioners met in regular session on Tuesday, June 1, 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 7:36 p.m. A quorum was established as the mayor and four board members were present as the meeting opened. Board Members Present: Commissioners Hank Dickson, Bill Banks, Parrish Womble, Tim Sack and Mayor Holleman. Board Members Absent: Commissioner Ken Martin. (Commissioner Martin arrived at 7:39 p.m.) 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; John Ellis, finance director; Len Bradley, director of parks and recreation; and Cecil Parker, chief of public safety.
2 and 3. The pledge of allegiance was recited, and the meeting opened with a moment of silent meditation. 4. 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. Dr. Peter Atwell registered prior to the meeting to speak. 4a. Dr. Peter Atwell, Holly Springs Chamber of Commerce - Dr. Atwell addressed the Board with a suggestion that the Town focus efforts on establishing a strong public relations position to offset recent negative media attention related to projects like the firing range and the landfill. He suggested the Chamber of Commerce could sponsor a contest in which a Town slogan would be penned, with a prize going to the winning entry. He said he felt that a Town slogan would lay the foundation for a positive public relations campaign. Board members agreed that the idea was a good one and offered its endorsement. Mayor Holleman offered a personal donation of $100 to be used as prize money. Action Taken: None. Directions Given: The Board gave its endorsement of the suggestion and lauded its merits. The Chamber of Commerce will spearhead the contest, and the Town Board will officially recognize the winning slogan author. 6. Agenda Adoption - Commissioner Sack moved that the meeting agenda for June 1, 1999 be set with changes, as listed below, and adopted. Commissioner Dickson seconded the motion, which carried unanimously. Items Added: Item 7c, a staff communication regarding notices being distributed to those in violation of the water conservation season; and Item 7d., a staff communication regarding the Raleigh water line. Items Deleted: None. Items Removed from Consent Agenda: None. 6. Special Use Permit 99-SUP-04 - The public hearing for this Special Use Permit was held on May 18. The application was filed by Cardinal Extension Company and is for a gas metering station on Holly Springs Road. In May 18 board action, this topic was forwarded to the Planning Board, which met on May 25. After reviewing the application, the Planning Board recommends approval of a Special Use Permit with the following conditions attached: (1) that road-widening on Holly Springs Road, or a fee-in-lieu of widening, be required, per Town Code; and (2) that an opaque buffer which would initially screen at least 90% of the site at installation be required. With that explanation completed, company spokesmen asked to address the Board. Danny Smith advised the Board that most of the issues pointed out by the Planning Board have been addressed in a revised plan. In short, he said, the company agrees to widening of Holly Springs Road, or a payment-in-lieu of widening, and agrees to additional landscaping, which would provide a 90% screen of the site at installation. The company also revised its original driveway scheme to provide an improved access to the site. Other company spokesmen addressed such questions as why the metering station was needed and why it was needed on this particular site as opposed to other locations. Mr. George Hamzik, a resident of Holly Springs, asked to speak to the issue. He said he was not opposed to the Special Use Permit, but he felt that the building design was not in keeping with surrounding residential development and lent an industrial appearance to the site. Mr. Dolle explained additionally that the applicant had agreed to a payment-in-lieu of road widening, but was requesting that the fee be paid at a later date and not upon construction. Mr. Smith advised the Board that this request stems from the fact that the Public Utilities Commission has already approved the budget for this project and that road widening was not included. He said the company would provide a surety bond to cover the cost, but would ask that the actual cost be delayed until the PUC could approve a budget amendment. Mr. Pearson asked Mr. Smith if the PUC did not approve a new rate to cover the amendment, would Public Service Gas Company pay from earnings. Mr. Smith said yes. Mr. Mizelle reminded the Board of the Planning Board's recommendations and pointed out that staff concurs with that recommendation. The Board of Commissioners made the following findings of fact, based on testimony from the May 18 hearing and revised site drawings showing amplified landscaping. A. Fact -- There are no specific conditions that pertain to this use, other than those that may be imposed by the Board of Commissioners; B. Fact - A revised driveway alignment into the site will provide a more suitable access and is adequate in size and properly located to ensure automobile and pedestrian safety and convenience, traffic flow and control and access in case of fire or other emergency; C. Fact - Off-street parking will be located at the developed site and separated from Holly Springs Road by a vegetative buffer. There will be no refuse services offered at the site. Therefore, off-street parking, loading, refuse and other service areas are located so as to be safe, convenient, allow for access in case of emergency, and to minimize economic, glare, odor and other impacts on adjoining properties and properties in the general neighborhood. D. Fact - No utilities will be required, except electricity. The site will not be manned and will not require water or sewer services. There will be no impact on schools, since the site will not be manned nor generate additional population. Therefore, utilities, schools, fire, police and other necessary public and private facilities and services will be adequate to handle the proposed use. E. Fact -- If landscaping as proposed by the Planning Board (providing a 90% screen of the site at installation) is required and the initial buffer height is increased to eight feet tall at installation, then the Board can find fact that the location and arrangement of the use on the site, screening, buffering, landscaping and pedestrian ways harmonize with adjoining properties and the general area and minimize adverse impacts. F. Fact - The site will not be manned. Occasional maintenance may necessitate 1 or 2 persons on site every other week for a short period of time. The site will be protected from entry by unauthorized individuals by a chain-link security fence. Therefore, the type, size and intensity of the proposed use, including such considerations as hours of operation and number of people who are likely to utilize or be attracted to the use, will not have significant adverse impacts on adjoining properties or the neighborhood. In addition to these findings of fact, the Board expressed concern regarding a common right-of-way bordering the property with CP&L. The Board also reiterated its consensus that payment-in-lieu of road widening would be accepted at or before issuance of a certificate of occupancy. Action: Commissioner Womble moved that Special Use Permit 99-SUP-04 be approved with the following conditions attached and its site plan approved: 1) that an opaque buffer which would initially screen at least 90% of the site at installation be required; 2) that the buffer height at installation be at least eight feet tall; 3) that payment in lieu of road widening for Holly Springs Road be required at or before a Certificate of Occupancy's being issued; and 4) that Public Service Natural Gas Company and Carolina Power & Light Company work in cooperation and take effective measures to minimize public access to the power line and gas company right of way prior to a Certificate of Occupany's being issued. Commissioner Banks seconded the motion, which carried unanimously. 7a. Staff Communication: Parks and Recreation - Mr. Bradley updated the Board on various parks and recreation program and facilities developments. No action was taken. 7b. Staff Communication: Public Safety Issues - Chief Parker briefed the Board on a number of public safety issues that have been brought to the Town's attention or that are part of routine operations. Chief Parker addressed a parking situation on LaFoy Drive where motorists are parking on both sides of the roadway during golf tournaments. Chief Parker reported that he has talked with the new management company in charge of the golf club, which assured him that, for future events, they will notify the Public Safety Department. Chief Parker said his department would erect temporary no parking signs, which should alleviate the problems caused by cars parking on both sides of the street. Commissioner Sack pointed out that Linksland also gets congested during swim meets. He suggested that a permanent no parking signs be erected on LaFoy and on one side of Linksland. Board Direction: To install no parking signs along both sides of LaFoy and along one side of Linksland (later determined to be the side opposite the swimming pool); for staff to work with the golf club management compny to direct traffic during events; for staff to assist both the golf club management and the swim club management to come up with a new parking scheme; and for staff to draft enforcement ordinances for the new no parking signs. Board Action: None Chief Parker also reported to the Board that his department was painting and testing all the fire hydrants in town. Chief Parker then addressed the Board regarding a request from a resident of Ballentine Street that a three-way stop intersection be created at the intersection of Ballentine and Elm Street as a means of controlling traffic speeds. Chief Parker reported that his department and the engineering department had conducted a traffic study at the intersection and based on recorded speeds and number of vehicles, the intersection did not meet Uniform Traffic Control Devises standards for a three-way stop. He and Mrs. Sudano did, however, recommend that a pedestrian crossing be established with appropriate signage. Residents disagreed and said they felt the study that was conducted was not comprehensive enough. After much discussion, commissioners said they had no problem with establishing the three-way stop intersection if it would promote pedestrian safety. Board Direction: Board directed staff to reinstall "No Trucks" signs on Ballentine and to request that the developer extend the sidewalk leading to the swimming pool. Action: Commissioner Womble moved that a three-way stop intersection be created at the intersection of Ballentine and Elm Streets and that a cross walk be installed. Commissioner Sack seconded the motion, which carried unanimously. 7c. Staff Communication: Water Conservation Enforcement - Mr. Dolle reported that residents found in violation of the Town's water conservation season were beginning to receive final warnings. Following final warnings, water service may be interrupted for those who continue to be in violation. 7d. Staff Communication: Raleigh Water Line - Mrs. Sudano reported that the 16-inch water line is ready to go online. She said the booster pump station would be ready soon and that the Town would begin pulling 1.l2 million gallons of water per day from the City of Raleigh within two weeks. 8a. Holly Glen Sketch Plan - Mr. Mizelle explained that the original master development plan for Holly Glen has been built out. In order to proceed with further development of the subdivision, a master sketch plan must be submitted, showing how roads, open space and utilities will be distributed over the development. Mr. Mizelle said that the Planning Board had reviewed the plan and recommends approval with the condition that the Town consider acceptance of an open space (public) park within the development rather than strictly fees in lieu of land dedication. After viewing the master sketch plan, the board reached a consensus that the developer should rethink his plan to establish a small park in place of a traffic circle. The Board made this call because the location of the park in that area would be too dangerous with flowing traffic ways surrounding it. The developer agreed to come up with a more suitable location for the park. Action: Commissioner Sack moved that the Board approve the basic master sketch plan with the condition that a public park be located within the development -- but not at the location indicated on the sketch -- in addition to the required fees in lieu of land dedication. Commissioner Womble seconded the motion, which carried unanimously. 8b. FY 1999-2000 Budget - Mr. Dolle explained major aspects of the proposed budget. He said the spending plan represents an extraordinarily tight reign on expenses. The tax rate of 62 cents is unchanged as are water and sewer rates. A more detailed description of the budget summary will appear in the minutes of June 15. No action taken. 8c. Budget Hearing - Commissioner Womble moved that a public hearing date of Tuesday, June 15 be set to receive input on the proposed Fiscal Year 1999-2000 budget. Commissioner Martin seconded the motion, which carried unanimously. 8d. Harnett County Water Agreement - Commissioner Martin moved that the mayor be authorized to execute a revised interlocal agreement binding Fuquay-Varina, Holly Springs and Harnett County in a partnership for the purchase of water. Commissioner Womble seconded the motion, which carried unanimously. A copy of this interlocal agreement is incorporated into these minutes as addendum pages. 9. Consent Agenda - Commissioner Womble moved that all items on the Consent Agenda be approved. Commissioner Martin seconded the motion, which carried unanimously. The following actions were brought about by the motion: 9a. Holly Glen Phase IV - The preliminary subdivision plan for Holly Glen Phase IV was approved. 9b. Annexations - A public hearing date of June 15 was set to receive input on Annexation Petitions A99-03, -04, -05, -06, -07 and -08. 9c. Rezonings - A public hearing date of June 15 was set to receive input on Rezoning Petitions 99-R-01, -02, -03, -04, -08 and -09. 9d. PUD - A public hearing date of June 15 was set to receive input on a Planned Unit Development application filed by First American Land Co. for a project titled Windcrest Farms. 9e. PUD - A public hearing date of June 15 was set to receive input on a PUD application filed by Paton/Zucchino and Associates for a project titled Braxton Village. 9f. Special Use Permit - A public hearing date of June 15 was set to receive sworn testimony regarding Special Use Permit Application 99-SUP-03, Arbor Creek Animal Wellness Center. 9g. Special Use Permit - A public hearing date of June 15 was set to receive sworn testimony regarding Special Use Permit Application 99-SUP-05, Holly Springs Apartments Phase II. 9h. Special Use Permit - A public hearing date of June 15 was set to receive sworn testimony regarding Special Use Permit Application 99-SUP-06, Things of Joy gift shop. 9i. Budget Amendment - A budget ordinance amendment to facilitate the shift of personnel from Public Works to the Finance Department was adopted. A copy of this budget amendment is incorporated into these minutes as an addendum page. 9j. MIT Agreement - A revised interlocal and trust agreement with Municipal Insurance Trust for increased dental coverage in FY 1999-2000 was approved. A copy of this agreement is incorporated into these minutes as addendum pages. 10. Other Business - Mr. Pearson reported on the purchase of land for a middle school. 11. Mayor's Report -- The mayor urged citizens to vote favorably for a July 6 water bond referendum. 12. Commissioners Reports: Commissioner Dickson - None that resulted in action or direction to staff. Commissioner Banks - Commissioner Banks reported that marsh-matching funds for Bass Lake might be available from Ducks Unlimited. Commissioner Womble - Commissioner Womble asked when Estes would be paved. He was advised that it was scheduled for FY 2000-01. Commissioner Martin - Commissioner Martin asked Dr. Atwell to report on the chamber golf tournament held May 17. Dr. Atwell reported that funds were raised funds for the Holly Springs Elementary School Teachers Pet Project, DARE and to the support of the chamber. Commissioner thanked Mrs. Sudano for writing a letter to NCDOT regarding the paving of a portion of New Hill Road. Commissioner Martin also asked if a formal procedure could be drafted to address the filling of vacancies on the Board of Commissioners. Commisioner Sack - None that resulted in action or direction to staff. 13. 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 contract negotiations and an issue of potential 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 Dickson seconded the motion, which carried unanimously. A General Account of the Closed Session follows. General Account of Closed Session 6/1/99 In Closed Session, the Board discussed contract negotiations with Fuquay-Varina regarding boundary lines. Mr. Dolle advised the Board that residents of the Fair Share area had brought up the subject of pursuing legal action against the Town. No action was taken. - End of General Account 15. Adjournment - There being no further business for the evening, the Holly Springs Board of Commissioners meeting of June 1, 1999 was adjourned following a motion at 10:55 p.m. by Commissioner Sack, a second by Commissioner Dickson and a unanimous vote. Respectfully Submitted on Tuesday, July 1, 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. |