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Town of Holly Springs Board of Commissioners Regular Meeting Tuesday, Aug. 3, 1999 MINUTES The Holly Springs Town Board of Commissioners met in regular session on Tuesday, Aug. 3, 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 7:41 p.m. A quorum was established as the mayor and three board members were present as the meeting opened. Board Members Present: Commissioners Ken Martin, Bill Banks, Hank Dickson and Mayor Holleman. Board Members Absent: Commissioners Tim Sack and Parrish Womble. Commissioner Womble arrived at 7:45 p.m. Staff Members Present: Ernest C. Pearson, town attorney; Richard B. Self, town manager; Joni Powell, town clerk (recording the minutes); Don Mizelle, planning director; Jennifer Carr, director of community development; Len Bradley, parks and recreation director; 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. Special Presentation - Mayor Holleman presented Holly Springs Chamber of Commerce President Dr. Peter Atwell with a plaque recognizing his and the organization's work in promoting the July 6 water bond referendum and educating the community about the issue. No action taken. 5. Public Hearing: Rezoning Petition 99-R-10 - Mr. Mizelle explained that this rezoning petition stems from a recent annexation of 2.75 acres that has been recombined into the Arbor Creek Planned Unit Development. The property was annexed and needs a town zoning designation. The petitioner requests R-10, which is in keeping with the 10-year Comprehensive Growth Plan. The Planning Board has reviewed the petition and recommends approval following the public hearing. With that explanation completed, Mayor Holleman opened the public hearing, and the following comments were recorded. For: None None: None There being no comments offered, Mayor Holleman closed the public hearing. 6. Public Comments 6a. George Hamzik, 5112 Salinas Ct. - Mr. Hamzik addressed the Board on an issue that arose at the July 20 meeting. He submitted his comments to the Board in writing, and those comments are incorporated into these minutes as addendum pages. In summary, Mr. Hamzik said he feels the town's ordinance requiring the dedication of roadway easement for future widening upon subdivision of property is sound, but he said he felt that the ordinance was geared to developers who would be subdividing large tracts of land and who could spread the cost out over an entire development. He suggested that the Town allow Mr. McKoy to proceed with the property transfer to his daughter upon subdividing his property into two lots and that only the right of way for the property deeded to his daughter be dedicated to the town. Mr. Hamzik said, in this way, Mr. McKoy would still retain ownership of all of his own property. No action taken. 7. Agenda Adjustment - Commissioner Martin moved that the meeting agenda for Aug. 3, 1999 be adopted with the following changes, if any. Commissioner Banks seconded the motion, which carried unanimously. Items Added: None. Items Removed from Consent Agenda: None. 8a. Resident Request - This item was deferred for action from the July 20, 1999 meeting of the Board. Mr. Charles McKoy is requesting that the Town relieve him of an ordinance requirement that he dedicate the right-of-way along his road frontage of Sunset Lake Road upon subdivision of his property. Mr. McKoy said he wants to divide his parcel into two lots to give his daughter some of his land. Town ordinance requires that, upon subdivision of property into four or less lots, any right-of-way needed for future road widening as designated on the Thoroughfare Plan be dedicated at the time of subdivision. Mr. McKoy wants compensation for the 300x20-foot strip of road frontage, or he would be unwilling to provide the dedication. Mr. Self pointed out that this question should have been sent to the Board of Adjustments, as it is a request for a variance from town ordinance. Action: Commissioner Dickson moved that the request for variance from right-of-way dedication ordinances be referred to the Board of Adjustments. Commissioner Martin seconded the motion. During discussion, commissioners asked why the issue was to go before the Board of Adjustments and not the Board of Commissioners. Mr. Self explained said that the Board of Adjustments is the mechanism established by the Board to handle individual requests for relief from ordinances. He pointed out that the Board of Commissioners would consider such issues as changes in the ordinances themselves, but not on requests to vary from them. Mr. Self went on to explain that if the Board of Adjustment does not act favorably for a petitioner, then the petitioner could appeal the BOA's decision to Superior Court. Additionally, the petitioner could go to the Board of Commissioners to ask for a change in the ordinance, which would effect everyone. Vote: Following discussion, the motion carried unanimously. 8b. Olde South Homes - This request was deferred for action from the July 20, 1999 meeting. A builder is requesting that the Town allow him to shift an access easement leading to an abandoned Town water well site from private property back onto town property. The access easement is no longer needed by the Town since the well site has been abandoned. A neighboring church, however, uses the roadway for access to its cemetery. The builder said he would bear all costs of relocating the roadway onto Town property. Mayor Holleman said he did not care if the easement were shifted back onto public property, as long as the United Church of Christ is agreeable. Commissioner Dickson asked if moving the easement would require trees to be cut down. Mrs. Sudano answered that if the easement were located on the original roadbed, then no trees would have to be cut. Commissioner Banks said he didn't think the easement should be moved because the builder purchased the lot with full knowledge that the easement was there. Commissioner Womble said he had no problem with moving the easement, but that he would like it put in writing that the easement could be used by the church for access to its cemetery and that the church was in agreement with the move. Commissioner Martin said he would favor the request, as long as the church was agreeable to it and as long as it was certain the Town would never use the property in the future. Mrs. Sudano said the property would no longer be used by the Town for anything other than a natural area because it was essentially undevelopable. Commissioner Dickson said if the request was approved, he would like to add the condition that the builder also reimburse the Town for the cost of town staff time spent on researching the request. Action: Commissioner Martin moved that a request from Olde South Homes to relocate an access easement back onto Town property be approved with the following conditions:
Commissioner Womble seconded the motion, which carried by a 3-1 vote. Commissioners Martin, Womble and Dickson voted for. Commissioner Banks voted against. 9a. Rezoning Petition 99-R-10 - Commissioner Martin moved that Rezoning Petition 99-R-10 requesting R-10 zoning for 2.75 acres adjacent to Arbor Creek P.U.D. be approved. Commissioner Banks seconded the motion, which carried unanimously. 9b. Vaughan Request - Mrs. Rupert Vaughan addressed the Board with this request. Mrs. Vaughan owns two parcels of property located at the corner of New Hill Road and Hwy. 55. The parcel is divided by the unused right-of-way of Alford Street, a town street that begins at Earp. The right-of-way for Alford Street runs from Earp Street all the way through to New Hill Road; however the pavement actually ends short of New Hill Road. NCDOT has advised the Town that paving the street through to New Hill Road would not be acceptable nor safe as it would create a dangerous traffic intersection just a few feet from an existing busy intersection. Mrs. Vaughan has plans to develop her two parcels; however, abandonment of the Alford Street right-of-way that dissects the property would be necessary for any plan (to front New Hill Road) to work. She asked the Board to endorse in concept the idea of the Town's vacating (or abandoning) that unpaved portion of Alford Street right-of-way, if she were to present a suitable development plan for the property. Mrs. Vaughan said several people are interested in the development of her property, but the first thing they want to know is do they get the street. Staff recommendation: Preliminary endorsement of the concept of closing Alford Street with the condition that utility easements be granted and that the street closing not begin until a development plan has been evaluated by staff and approved by the Town Board Action: Commissioner Martin moved that the Town endorse-in-concept the concept of closing Alford Street with the condition that utility easements be granted and that the street closing not begin until a development plan has been evaluated by staff and approved by the Town Board. Commissioner Womble seconded the motion, which carried unanimously. 9c. Water Supply - Mayor Holleman explained that the Board should consider amendments to recent water restrictions in light of new water supplies. He reported that the City of Raleigh had agreed to increase the Holly Springs allocation by 250,000 gallons of water per day. That, together with what the Town is now buying from Fuquay-Varina and its original allocation from Raleigh, brings the Town's total capacity to 1.7 million gpd. i. As for lifting the Stage 1 restrictions, Mayor Holleman said he thinks it should be done but that citizens would need to adhere to the water conservation season schedule to avoid the need for another Stage 1 warning period. Action: Commissioner Womble moved that the Stage 1 Water Shortage Warning Period restrictions be lifted and the Town return to the schedule of the Water Conservation Season. Commissioner Martin seconded the motion, which carried unanimously. ii. As for the moratorium on current subdivisions, Mayor Holleman said he felt that the moratorium should be lifted to let those projects resume. He said he felt like the ban on irrigation systems and irrigation meters be left in place since the Town's biggest water supply problems stem, not from new development, but from lawn irrigation systems. Commissioners Banks and Dickson disagreed with the irrigation system ban. They both said they felt the ban on systems and meters should be lifted. Commissioner Banks pointed out that the Stage 1 water restrictions would be a means of controlling those customers. Action: Commissioner Womble moved that the town manager's recommendations of June 15 be amended to lift the moratorium on work progress in current subdivisions. Commissioner Banks moved to amend the motion to also lift the ban on the installation of irrigation systems and irrigation meters. With that amendment agreed to by Commissioner Womble, Commissioner Banks seconded the motion. At this time, Commissioner Dickson asked if the motion could be divided into separate questions. Commissioners Womble and Banks agreed to separate the motion. On the question of opening up development in existing subdivisions, the vote was called. The motion carried 3-1. Commissioners Martin, Womble and Banks voted for. Commissioner Dickson voted against. On the question of lifting the ban on the installation of irrigation systems and irrigation meters, the vote was called. The motion carried unanimously. iii. As for accepting plans for future residential developments, Mayor Holleman suggested that the Town Board consider a recommendation from Mr. Self. Mr. Self explained that the staff could devise an economic impact analysis on which to judge the acceptability of proposed plans. He said if results of the analysis indicated the plan would have a negative financial impact on the Town in regard to all aspects of service, the plan would not be accepted. If, however, a plan was determine to pose a neutral or positive impact on the Town, then it would be accepted into the review process. Mr. Self explained that staff would need some time to put together an evaluation packet and that there should be prototypes of this type of document available from the North Carolina League of Municipalities, the Institute of Government and other municipalities. He further explained that the economic analysis would involve not only a project's impact on the town's water supply, but all town services. The analysis also would take into account impacts on traffic and schools, although those items would not be weighed as heavily as town-offered services. Action: Commissioner Womble moved that town staff be directed to devise a comprehensive economic impact analysis evaluation packet on which to judge future residential development proposals. Commissioner Banks seconded the motion, which carried unanimously. 10. Consent Agenda - All items on the Consent Agenda were approved following a motion by Commissioner Womble, a second by Commissioner Banks and a unanimous vote. The following actions were affected by the motion: 10a. Public Hearing -- A public hearing date of Aug. 17, 1999 was set to receive input on the following: Rezoning Petition 99-R-11; Rezoning Petition 99-R-12; and Rezoning Petition 99-R-13. 10b. Public Hearing - A public hearing date of Aug. 17, 1999 to receive sworn testimony regarding Special Use Permit Application 99-SUP-08. 10c. Minutes - Minutes of the Board's special meetings held June 7 and June 23, 1999 were approved. 10d. Resolution 99-32 - Resolution 99-32 certifying and approving the July 6, 1999 water bond referendum results was adopted. A copy of Resolution 99-32 is incorporated into these minutes as an addendum page. 10e. Budget Amendments - Two (2) budget ordinance amendments to adjust the budget for the 1995 FmHA Water and Sewer System Improvements Capital Project Ordinance to expand the scope of the project to include improvements around/through Bass Lake and to construct an elevated water storage tank were adopted. Copies of the budget amendments are incorporated into these minutes as addendum pages. 10f. Budget Amendments - Three (3) budget amendments to cover "soft costs" for the Harnett County water line project were adopted. Copies of the budget amendments are incorporated into these minutes as addendum pages. d transferred to the Utility Fund. 10g. Harnett County Water Line Agreement - The Town of Holly Springs entered into an agreement with Harnett County and Fuquay-Varina for participation in preliminary costs of the Harnett County water line project. A copy of this agreement is incorporated into these minutes as addendum pages. 10h. Resolution 99-33 -- Resolution 99-33 authorizing a grant application to North Carolina Department of Environment and Natural Resources for assistance in the Bass Lake project was adopted. A copy of Resolution 99-33 is incorporated into these minutes as an addendum page. 11. Other Business - Mayor Holleman brought up a request from Dorothy Allen Manor for delay in time to pay development fees. The Mayor said he recommended approval of the request, within certain parameters. Mr. Robert Williams, representing the project, explained that the expansion project is federally funded and that Wake County Opportunities would like to pay required fees as federal funds are made available in various draw-downs of federal funds. He suggested that building permit fees could be paid in September with the first draw of HUD funds. The payment of impact fees could be made with the second draw of funds in January or March. Action: Commissioner Womble moved to allow Wake County Opportunities to pay fees as federal funds are released as long as all fees due are paid before a certificate of occupancy is issued. Commissioner Banks seconded the motion, which carried unanimously. 12. Mayor's Report - Mayor Holleman reported that he and town staff will continue efforts to enhance the Town's volume of water. 13. Commissioners Reports Commissioner Dickson - Commissioner Dickson pointed out a typographical error on a postcard recently issued by the Town. He asked the town manager to find whether or not the Town has received a quarterly report from Wake County Solid Waste Management regarding the county's efforts to investigate alternative means of waste disposal. He introduced candidates for office. Commissioner Banks - none Commissioner Womble - Commissioner Womble mentioned that a street light at the end of Dogwood Street had not been installed. He asked about the status of the Hwy. 55 Bypass and the York shopping center. Mayor Holleman said that, as far as he knew, the Hwy. 55 Bypass was still on schedule. He said that NCDOT had denied repeated requests to grant the shopping center access from the Bypass, but he did not know if that meant the shopping center would not be built. Commissioner Martin - none. 12. Closed Session - Commissioner Womble moved that the Board convene in closed session for discussion of a contractual matter related to the acquisition of real property. Commissioner Banks seconded the motion, which carried unanimously. No action was taken in closed session, other than a motion to return to open session. A General Account of the Closed Session follows:
General Account of Closed Session 8/3/99: The Town Attorney advised the Board regarding its contract to acquire the former Holly Springs Volunteer Rural Fire Department property on Avent Ferry Road. Direction was given to staff regarding use of the property. Action: Commissioner Womble moved that the Board return to Open Session. Commissioner Banks seconded the motion, which carried unanimously. - End of General Account 13. Adjournment - There being no further business, the Aug. 3, 1999 meeting of the Holly Springs Board of Commissioners was adjourned at 9:06 p.m. following a motion by Commissioner Womble, a second by Commissioner Banks and a unanimous vote.
Respectfully Submitted on Aug. 17, 1999,
______________________________ Joni Powell, CMC Town Clerk Addendum pages, as referenced in these minutes, follow and are a part of the official record of this meeting.
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