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Town of Holly Springs Board of Commissioners Regular Meeting Tuesday, July 6, 1999 MINUTES The Holly Springs Town Board of Commissioners met in regular session on Tuesday, July 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 five board members were present as the meeting opened. Board Members Present: Commissioners Hank Dickson, Bill Banks, Parrish Womble, Ken Martin, Tim Sack and Mayor Holleman. Board Members Absent: None. Staff Members Present: Ernest C. Pearson, town attorney; Joni Smith Powell, town clerk (recording the minutes); Don Mizelle, planning director; Stephanie Sudano, engineering director; Chief Parker, chief of public safety; and Len Bradley, director of parks and recreation.
2 and 3. The pledge of allegiance was recited, and the meeting opened with a moment of silent meditation. At this time, Mayor Holleman reported that the results of the July 6, 1999 water bond referendum for $8.1 million was successful by a 948-to-35 vote margin. He reported that 948 voters had cast "yes" votes, and 35 had voted "no." These are uncertified results. Mayor Holleman thanked Dr. Peter Atwell, president of the Holly Springs Chamber of Commerce, for his leadership in promoting the bond referendum. Dr. Atwell commended staff for their assistance in the chamber's efforts. At this time, Mayor Holleman reported that the Town of Holly Springs has received a grant in the amount of $2.9 million for the Harnett County waterline. The grant will defray cost in the $8.1 million project, representing a $290,000 savings on debt service per year for 20 years. He also reported that he has been notified that a $3 million grant for which the Town has applied for augmenting the sanitary sewer system has been approved. Both grants represent a total of $600,000 in annual debt service savings. In summary, Mayor Holleman said, the Town will be in a very solid financial condition and not overcome by the debt of these critical projects. 4. Public Hearing: Fuquay-Varina Annexation Agreement - Mr. Mizelle explained that a proposed annexation agreement, setting out lines of territory between Fuquay-Varina and Holly Springs is being presented. Both town boards have given this agreement and the accompanying map their endorsements. Mr. Mizelle explained that the agreement is a standard annexation agreement that states that the respective two towns will not annex into each other's designated territory without properly notifying and receiving approval from the town in which the subject annexation property lies. The map essentially follows existing fire service district lines except in two areas where other appropriate creek or property lines were followed. Mr. Mizelle reminded the Board that, during a special meeting July 7, Commissioner Womble cast a dissenting vote. Otherwise, the agreement and map have already received board approval in draft form. With that explanation completed, Mayor Holleman opened the public hearing. The following comments, if any, were recorded: For: None. Against:: None There being no 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; however, no one registered prior to the meeting to speak. 6. Agenda Adoption - Commissioner Sack moved that the meeting agenda for July 6, 1999 be set with changes, as listed below, and adopted. Commissioner Womble seconded the motion, which carried unanimously. Items Added: None. Items Deleted: None. Items Removed from Consent Agenda: Item 9e., a resolution granting approval of the relocation of abandoned gravesites, was moved to New Business. 7a. Annexation Agreement - Commissioner Martin moved that the Town enter into an annexation agreement with the Town of Fuquay-Varina. Commissioner Sack seconded the motion, which carried following a 4-1 vote. Commissioners Sack, Martin, Banks and Dickson voted for. Commissioner Womble voted against. A copy of the annexation agreement and its accompanying map are hereby incorporated into these minutes as addendum pages. 7b. Water Purchase Agreement - Mayor Holleman reported that the Town of Holly Springs has been negotiating with the Town of Fuquay-Varina for the purchase and delivery of 500,000 gallons of water per day. To finalize the purchase, a purchase contract was presented. Action: Commissioner Martin moved that the Town enter into a water purchase contract with the Town of Fuquay-Varina for 500,000 gallons of water per day. Commissioner Sack seconded the motion, which carried unanimously. A copy of this purchase contract is hereby incorporated into these minutes as addendum pages. At this time, Mayor Holleman explained that the Town of Holly Springs experienced a 1.7-million-gallon peak day of usage in May, before the Stage 1 water shortage warning was imposed. He explained that the Town is buying 1.2 million gallons of water per day from the City of Raleigh. The additional purchase of water from Fuquay-Varina would give the Town of Holly Springs a daily capability of delivering 1.7 million gallons of water per day. He pointed out that this mean the Town has just enough water to cover a peak day. Also, he said, he has requested an additional 800,000 gallons of water per day from the City of Raleigh, but the Raleigh City Council will not hear the question until Aug. 3. Currently, he said, the Town is under Stage 1 Water Shortage Warning restrictions, and he asked commissioners if they felt any changes should be made to those restrictions in light of the added water supply from Fuquay-Varina. Commissioner Sack said the Town was not in any position to guess what Raleigh is going to allow. Commissioner Womble said he felt it would be best to maintain the Stage 1 restrictions because the Town may go into a critical situation again. Commissioner Martin said he realized citizens have been patient, but he can see the wiseness of staying on Stage 1 until the City of Raleigh makes a decision. Direction: The Board directed that the question of lifting the Stage 1 water restrictions be revisited on Aug. 3 since the Town will know that evening if Raleigh approves the additional water allocation that morning. 7c. Resolution 99-29 - Commissioner Dickson had asked that this item be moved from the Consent Agenda to the New Business section of the agenda for discussion. Mayor Holleman explained that it is common for abandoned gravesites to be relocated to cemeteries, rather than be built into subdivisions where they are discovered. Commissioner Dickson said he has a problem with it because he feels preserving the gravesites on location would preserve a little of the Town's history. Commissioner Dickson said he wanted more information on what had been done to contact the surviving family. Commissioner Sack said he felt it would be appropriate to allow the remains to be properly buried in cemetery where the graves would be marked and maintained. Commissioner Dickson suggested that the gravesites be marked where they are and that a homeowners association assume responsibility for the maintenance of the cemetery. Action: Commissioner Sack moved that Resolution 99-29, a resolution granting approval for the relocation of abandoned gravesites, be adopted. Commissioner Womble seconded the motion, which carried following a 4-1 vote. Commissioners Sack, Martin, Womble and Banks voted for. Commissioner Dickson voted against. A copy of Resolution 99-29 is incorporated into these pages as an addendum page. 8a. Rezoning Petitions 99-R-01, -02, -03, -04 and -08 - All five of these rezoning petitions request R-10 and Planned Unit Development zoning assignments for properties involved in the proposed Windcrest Farms P.U.D. project. The public hearings for these rezonings were held on June 15. At that time, no comments were offered for or against the zoning requests; however, there were comments spoken both in favor of and against the Windcrest Farms P.U.D. application (during a public hearing held on the same evening). Opposition concerns centered mainly on the Town's ability to supply water to the development and the overburdening of roadways and the school. Michael Dean Chadwick addressed the Board. He assured the Board that approval of the rezoning requests and related P.U.D. application would not result in any work taking place on the property that would require the Town to provide water to a household for at least a year. He said delaying action on the rezoning and P.U.D. would only place a burden on the land seller. He added that if there are problems with the property acquisition, the development may lose the ability to provide an additional access off Hwy. 55, a plan design change that was made to accommodate the wishes of neighboring residents. Action: Commissioner Sack moved that Rezoning Petitions 99-R-01 -02, -03, -04 and -08 assigning R-10 and P.U.D. zoning to properties involved in the proposed Windcrest Farms Planned Unit Development be approved. Commissioner Womble seconded the motion, which carried following a 4-1 vote. Commissioners Sack, Martin, Womble, and Banks voted for. Commissioner Dickson voted against. 8b. Windcrest Farms P.U.D. - The planned unit development code allows up to five units an acre. The developer is proposing 4 units per developable acre, which falls within the parameters established in the Town's Comprehensive Plan. The development offers a mix of single-family products as well as multi-family and commercial. Open space is also provided in accordance with Town Codes. Town staff is continuing to evaluate the acceptance of the large pond and cottage for use as a town park facility rather than collecting fees for the entire project. If the land is dedicated (improved to town specifications) credits will be given to offset some of the fees-in-lieu-of-park-dedication. The development offers multiple access points to other adjoining properties and provides two access points to NC 55 as well as a tie into an existing road stub in Windward Pointe. During the public hearing, most comments said the P.U.D. plan as presented was satisfactory in itself, but residents asked that the application be denied on the basis of the Town's ability to provide water and the Town's dependency on the state for improved roadways and the county for schools. Action: Commissioner Martin moved that the Planned Unit Development application filed by 1st American Land for Windcrest Farms be approved. Commissioner Womble seconded the motion, which carried following a 4-1 vote. Commissioners Sack, Martin, Womble and Banks voted for. Commissioner Dickson voted against.
8c. Windcrest Farms Annexations - Commissioner Martin moved that Annexation Ordinances A99-03, -04, -05, -06 and -07 be adopted, incorporating into the Town limits several parcels of property located north and west of Windward Pointe Subdivision. Commissioner Sack seconded the motion, which carried unanimously. Copies of Annexation Ordinances 99-03, -04, -05, -06 and -07 are incorporated into these minutes as addendum pages. 8d. Braxton Village Annexation - Commissioner Martin moved that Annexation Ordinance A99-08 incorporating a little more than two acres into the town limits be adopted. Commissioner Womble seconded the motion, which carried unanimously. A copy of Ordinance A99-08 is incorporated into these minutes as addendum pages. 8e. Braxton Village Rezoning - Commissioner Martin moved that Rezoning Petition 99-R-09 requesting R-10 and P.U.D. zoning of 2.457 acres in the vicinity of Holly Glen Subdivision currently zoned Wake County R-80 be approved. Commissioner Womble seconded the motion, which carried following a 4-1 vote. Commissioners Sack, Martin, Womble and Banks voted for. Commissioner Dickson voted against. 8f. Braxton Village P.U.D. - A Planned Unit Development application has been filed by Patton/Zucchino and Associates in order to incorporate the newly-annexed 2.457 acres noted above. This PUD plan replaces the earlier Holly Glen West Plan approved two years ago. The plan incorporates additional land acquired from CP&L and other adjoining property owners to give the PUD a 200-acre land area. The PUD proposes a continuation of the development pattern already existing in Phase One of Braxton Village. Additional road stubs to adjoining land-locked properties are proposed. Staff is continuing to work at the planning board's request to have the developer provide public open space as well as some fees in-lieu -of land dedication. During the public hearing on June 15, no comments were offered for or against. The Planning Board recommends approval, subject to the developer's providing an acceptable combination of open space and fees in-lieu of land dedication. Action: Commissioner Womble moved that the Braxton Village P.U.D. application be approved, subject to the developer's providing an acceptable combination of open space and fees-in-lieu of dedication. Commissioner Martin seconded the motion, which carried following a 3-2 vote. Commissioners Martin, Womble and Banks voted for. Commissioners Sack and Dickson voted against. 9. Consent Agenda - All remaining items on the Consent Agenda were approved following a motion by Commissioner Womble, a second by Commissioner Dickson and a unanimous vote. The following actions were affected by the motion: 9a. Wake County Fire Contract - The contract to provide areas of Wake County fire protection, emergency medical and first responder services was renewed. A copy of this agreement is incorporated into these minutes as addendum pages. 9b. Minutes - Minutes of the Board's regular meeting held on June 1, 1999 were approved. 9c. Alltel Office Site Plan - The site plan for Alltel Hometown Communications was approved. 9d. Public Hearings - A public hearing date of July 20,1999 was set to receive input on Rezoning Petition 99-R-10 requesting R-10 zoning for a recently-annexed parcel of property was set. 9e. Resolution 99-29 - Moved to New Business and acted upon earlier in the meeting. 9f. VBD Guide - Staff was directed to add to its work plan the preparation of a streetscape, lighting, easement and sidewalk guide for the Village Business District zone. 10. Other Business -- Mrs. Sudano explained that the Town has received a grant for $2.95 million for contribution toward the Harnett County water line project. She asked for approval of an engineering service contract with The Wooten Company so that the submittal can be prepared by Oct. 1. She recommended approval of the draft agreement, with changes in wording noted by staff and following review by the Finance Officer and the Town Attorney. Action: Commissioner Martin moved that the mayor be authorized to execute the engineering services agreement with The Wooten Company following contract review by engineering, finance and legal staff. Commissioner Womble seconded the motion, which carried unanimously. A copy of the text of the draft agreement is incorporated into these minutes as addendum pages. 11. Mayor's Report - Mayor Holleman reported that the Town is in the midst of several of exciting infrastructure and economic development projects. He congratulated residents for their efforts to conserve water. 12. Commissioners' Reports: Commissioner Dickson - Commissioner Dickson expressed his gratitude to those who helped with the 1999 Special Olympics Summer World Games Host Town Program, including the Town's Armenian delegation, visiting interpreters and residents who contributed their time, money and efforts. Commisioner Banks - Commissioner Banks congratulate Don Mizelle for attaining his professional AICP certification. He added that he is amazed by the Mayor's ability to generate grants for the Town. Commissioner Womble - Commissioner Womble expressed appreciation to those who provided prayer and thoughts during the illness and death of his mother. He added that he feels the Town should consider speculating on land to the southwest for inclusion in the Holly Springs ETJ. Direction Given: For staff to initiate application to Wake County for expansion of the Town's ETJ to the southwest. Commissioner Martin - Commissioner Martin extended his condolences to Commissioner Womble. He echoed Commissioner Banks' comments about Mayor Holleman's success in obtaining nearly $6 million in water/sewer grants. Commissioner Sack - Commissioner Sack said he, too, was amazed at Mayor Holleman's ability to garner funding for the Town's projects. He said the Town has been criticized for providing a salary for Mayor Holleman (as Governmental Affairs Administrator), but feels he has more than deserved the salary he makes as a full-time employee of the Town. He pointed out that every town and every county in this state have applied for the same grants as Holly Springs, but because of the resource the Town has in Holleman, Holly Springs has been successful in getting $6 million. 13. Closed Session - Commissioner Sack moved that the Board recess for 6-minutes before entering into Closed Session to hold conference with the Town attorney on subjects related to litigation, acquisition of real property, and a personnel matter. Commissioner Dickson 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 7/6/99 In Closed Session, the town attorney reported on ongoing zoning violation cases. The town attorney reported on the condemnation of property owned by John Brown. There is a disagreement as to appraised value of the 26 acres that make up a portion of Womble Park. The Town Attorney suggested that town wait until discovery is returned to learn what it is the Brown parties want. Until then, he said, it would be difficult to mediate. The Town Attorney reported that he has settled the Cornell family access issue for $70,000. He added that Mr. Ellis has the same access issue. Mr. Ellis paid $20,000 in 1983 for access. He's asking for the same $20,000. He's also offering his 1/5 interest in the lake in return for a tax write-off as a contribution to the town. The Board gave a consensus that those terms were very favorable. The Town Attorney reported on the ongoing landfill issue: He reminded the Board that the Town has intervened as a friend of the court. He said the County Attorney is persistent about settling. On a personnel issue, the Board decided to offer a candidate the position of interim town manager while continuing the candidate search for a permanent Town Manager through the application process already begun. 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 July 6, 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, Aug. 17, 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. |