Town of Holly Springs
Board of Commissioners Regular
Meeting
Tuesday, Oct. 3, 2000
MINUTES
The Holly
Springs Town Board of Commissioners met in regular session on Tuesday, Oct. 3,
2000 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 Tim Sack, John Schifano,
Parrish Womble, Peter Atwell and Hank Dickson and Mayor Holleman.
Board
Members Absent:
None.
Staff
Members Present:
Richard B. Self, town manager; Ernest C. Pearson, town attorney; Joni Powell,
town clerk (recording the minutes); Len Bradley, director of parks and
recreation; Cecil Parker, chief of public safety; Gina Bobber, planning
director; and Jennifer Carr, director of economic development.
2 and 3.
The pledge of allegiance was recited, and the meeting opened with a
moment of silent meditation.
4. Agenda Adjustment – The Oct. 3, 2000 meeting agenda
was adopted with changes, if any, as listed below.
Motion Made By: Womble
Motion Seconded By: Dickson
Vote: Unanimous.
Items Added to Agenda: A Closed Session to discuss land
acquisition.
Consent Agenda Items Moved to New Business:
None.
Other Changes: Items, as
detailed in minutes below, were deferred.
5a. Public Hearing: Annexation Petition A00-04,
Fair Share – Mr.
Buddy Blackburn of The Wooten Company explained to the Board that the public
hearing was being held as the next and nearly final step in the long process to
annex the properties located in the Fair Share water and sewer line extension
area. A public information meeting was
held on Sept. 5, 2000 when residents were invited to ask questions about the
project. This public hearing is to
provide residents an opportunity to speak in favor of or in opposition to
annexation, Mr. Blackburn said.
Mr. Blackburn repeated some of the
highlights of the annexation report. He
pointed out that the effective date of the annexation ordinance would be Oct.
17, 2001, one year from the date the ordinance is to be adopted.
With that explanation completed,
Mayor Holleman opened the public hearing.
The following comments were offered:
Graham Raines, 5114 Sunset Lake
Road – Mr. Raines said he is opposed to the annexation. He voiced his concern that would be the
increased costs of a town tax bill, which may prove financially impossible for
some property owners in the area, especially those on a fixed income. He said he feared that some property owners
would have their lands repossessed for nonpayment of taxes. His concern, too, was the connection of
homes to the water line. He explained
to the Board that he recently paid $4,000 for a well and septic system for his
property and that he lives a long way off the road. He said his well is good and that he would not be interested in
connecting to the Town’s water system.
He said he feels forced into the
annexation. While he said a lot of
people may need the water line extension into the area, he is not one of them.
He added that he felt residens of the area should be given an opportunity to
have a choice.
Donell Raines Sr. – Mr.
Raines is opposed to the annexation. He
explained that his water well is 185 feet deep and provides good, clean
water. His septic system also is
working well. Mr. Raines said he did
not want to be annexed into the Town because he is on a limited income and
would not be able to afford Town of Holly Springs taxes on top of Wake County
taxes. He also asserted that he does
not need the water and sewer services that the Town is providing in the
area. Mr. Raines pointed out that early
on in the project, he was advised that annexation would be voluntary, so he
left the meetings with the impression he would not be forced to connect to the
utility lines and would not be annexed into the Town of Holly Springs.
There being no further comments, the
public hearing was closed.
At this time, Mr. Self clarified
some of the advantages of being annexed by the Town of Holly Springs. He explained that an individual Town tax
bill may be offset substantially by cheaper monthly garbage collection fees and
homeowners insurance premiums due to the Town’s fire insurance rating. He also pointed out that those who needed financial
assistance in connecting to Town utility lines could take advantage of
low-interest loans from USDA.
Commissioner Dickson asked if some
pieces of property could be excluded from the annexation area. Mr. Self answered that no properties could
be excluded from the annexation area.
Mayor Holleman said he had worked
hard to try to solve the problems of those with water problems in the Fair
Share area. He said he was frustrated
that the project has come so far and there are still residents in the area who
are complaining. He said he did not
believe the additional tax bill would have as great an impact on residents in
this annexation area as is
feared.
Mr. Graham Raines responded. He said his well is good, and he does not
want Holly Springs municipal water services.
5b. Public Hearing: Rezoning Petition 00-REZ-10 – Ms. Bobber explained that the subject property is
located adjacent to the western town limits of Holly Springs on the north side
of New Hill road, east of White Oak Creek, west of the BFI landfill and south
of Woods Creek Road. The applicant is
requesting that the Town rezone 779.91 acres from Wake County R-80 and R-80W to
Holly Springs R-10 Single- and Multi-Family Residential District. The proposal is in conformance with the
Ten-year Comprehensive Plan, which as this area designated for medium density
residential (2 to 5 units per acre); therefore, no amendment to the Town’s
Growth Plan would be required, Ms. Bobber said.
She added that the property is in
the process of being annexed into the Town by voluntary petition.
Ms. Bobber reported that the
Planning Board has reviewed the rezoning petition and recommends approval, as
does staff.
With that explanation completed,
Mayor Holleman opened the public hearing.
No comments were offered for or
against the petition, and the public hearing was closed.
6a. Rezoning Petition 00-REZ-09 – Mayor Holleman explained that
this rezoning petition was tabled by the Board in August for action following
the Board’s workshop on commercial development. The workshop was held on Oct. 2.
From the workshop, it was concluded
that the Board is in agreement that the Town should look into the possibility
of protecting its commercial entrance ways by applying special overlay
districts with stricter than straight C-1 zoning regulations. This subject property could be considered
such a gateway due to its proximity to Hwy. 55.
Ms. Bobber explained that plan
review for development of the property would be conducted to ensure that a
proposal would meet all the regulations of the straight C-1 zoning district;
however, she added, the Town Board has review authority and could impose
additional standards where required. She stressed that the Town’s staff is
committed to spending the time with developer to ensure that there is quality
development in Holly Springs.
Commissioner Schifano said it
wouldn’t hurt to underscore the Town’s interest in protecting its gateways by
establishing an overlay district for those areas.
Commissioner Sack suggested that the
C-1 zoning designation be assigned to the subject property with the
understanding that the Town Board would be looking at this parcel as a gateway
and would expect any development that is to occur to be above and beyond the
minimum standards of the straight C-1 zoning district.
To
refresh the public and Board’s memory of the petition, Ms. Bobber explained
that the applicant is proposing the rezoning of 24.4 acres of land from R-20
Residential-Agriculture District to C-1 Commercial District. The proposed rezoning is located on the
fringe of the Community Activity Center (CAC) according to the Holly Springs
1998 Ten-Year Comprehensive Growth Plan. She said that it is the intent of the
CAC to contain highway commercial uses including larger retailers and to allow
high-density residential around the fringe of the CAC. The location of the proposed rezoning is at
the southern terminus of the NC-55 By-pass and is an appropriate location as it
intersects Business 55, Ms. Bobber said.
She pointed out that If this rezoning petition is approved, it would
modify the location for the CAC node on the 10-year Comprehensive Plan slightly
to the east of where it is currently designated on the map and would set the
design criteria for any future development in the CAC.
Action: Following a lengthy
discussion period, the Board approved a motion to approve Rezoning Petition
00-REZ-09 granting a C-1 zoning designation for 24.4 acres of land on Hwy. 55
just north of Somerset Farm with emphasis placed by the developer, staff and
the Town Board to provide more than the minimum C-1 development standards in
order to protect the integrity of this gateway area.
Motion By: Sack
Second By: Womble
Vote: Unanimous
6b. Noise Ordinance – Mr. Self explained that
commissioners had received sample noise ordinances in September and again in
the Oct. 3 meeting packets for their review.
He asked that the Board discuss the issue and provide staff with
direction in drafting a final version for consideration.
Mr. Self reported that he and Chief
Parker had reviewed the sample ordinances and believed a model similar to that
of Smithfield would be best suited for Holly Springs.
Chief Parker addressed the Board
with his thoughts. He said the
Smithfield ordinance would be less objective on the police department’s part
and would be more enforceable. A more
specific ordinance, he said, would require the use of decibel meters, training
and/or the hiring of professional sound technicians to determine violations.
Direction Given: For staff to
draft an ordinance similar to that of Smithfield with the addition of verbiage
to address loud vehicle amplifiers.
Action: The Board approved a
motion to deferred action on this topic until Oct. 17 when a final draft
version is presented for consideration.
Motion By: Sack
Second By: Womble
Vote: Unanimous
6c. Finisterra Annexation – Action on this item was deferred
until Oct. 17, 2000 at the request of the petitioner.
Action: The Board approved a
motion to defer action on Annexation Petition A00-06 until Oct. 17, 2000 during
agenda adjustment.
7a. Rezoning Petition 00-REZ-10 – Action on this item was deferred
until Oct. 17, 2000 at the request of the petitioner.
Action: The Board approved a
motion to defer action on Rezoning Petition 00-REZ-10 until Oct. 17, 2000
during agenda adjustment.
7b. Land Gift – Mr. Bradley explained that the Town is in the
process of restoring Bass Lake and its dam, which was destroyed by Hurricane
Fran. He added that Mr. Charles
Grantham owns a 2.5-acre strip of land adjacent to Bass Lake, and he wishes to
give this land to the Town free and clear.
His only request is that the Town accept the gift before the end of the
year, Mr. Bradley said.
Mr. Bradley reported that, upon
forwarding this information to the Town Attorney’s office, he received
recommendations that would mitigate liability for the Town: a title search of
the property; that an environmental assessment be conducted to ensure the
property has not been used in such a way that the Town will be faced with
cleaning contamination; and that a survey of the property be done.
As recommended, Mr. Bradley has
ordered a title search and survey of the property. Mr. Bradley said he does not believe a full Phase I environmental
assessment is necessary, due to the location of this property and its proximity
to access; therefore, he is requesting a visual assessment from Thompson &
Associates, the Town’s engineers for the Bass Lake project.
Action: The Board approved a
motion to accept a gift of 2.5 acres of land from Mr. Charles Grantham, subject
to a favorable title search of 60 years.
Motion By: Schifano
Second By: Womble
Vote: Unanimous
8. Consent Agenda – All items on the Consent Agenda
were approved following a motion by Commissioner Dickson, a second by
Commissioner Womble and a unanimous vote.
The following actions were affected:
8a. Voting Delegates – Mayor Holleman was designated the voting
delegate for the Town of Holly Springs for the NLC Congress and Commissioner
Womble the alternate; and Mr. Self was designated the voting delegate for the
Town of Holly Springs for the NCLM conference and Mrs. Sudano the alternate.
8b. Budget Amendment, $507 – A budget ordinance amendment in the
amount of $507 was adopted to adjust the FY 1999-2000 budget to accept and
assign $507 in FEMA reimbursement for administrative expenses incurred by the
Town during the January 2000 severe winter storm.
A copy of the budget ordinance
amendment is incorporated into these minutes as an addendum page.
8c. Minutes – Minutes of the Board’s Sept. 19, 2000 regular
meeting were approved.
8d. Ordinance 00-20 – Ordinance 00-20 to remove language in the
Town Code about how yard waste is prepared for collection and replace it with
language referring to Town procedures was adopted. In this way, procedures can be changed to correspond with
available collection equipment, without going through the ordinance/Code Book
amendment process. It is the intent of
the Public Works department to begin collecting grass clippings using the
leaf-vacuuming apparatus. In this way,
residents will no longer have to purchase the bio-degradable bags, but can,
instead, rake their clippings to the curbside for collection.
A copy of Ordinance 00-20 is
incorporated into these minutes as addendum pages.
9. Public Comment – At this time, the Board opened
the floor to those in the public who wished to address the Board on any variety
of topics not listed on the agenda. The
following comments were offered: None.
10. Other Business: None
11. Manager’s Reports – Mr. Self reported on various
projects and department updates.
Action:
At this time, the Board approved a motion to enter Closed Session to
discuss property acquisition.
Motion
By: Atwell
Second
By: Schifano.
Vote: Unanimous.
General Account of Closed Session
Oct. 3, 2000
In Closed Session, the Board
discussed the acquisition of easements required for the Harnett County
waterline. Mrs. Sudano and Mr. Self
reported that one property owner is disputing the fair market value of the
property. They added that they believed
the offering price is more than fair.
The Board agreed and suggested that someone explain the easement
procedure to the owner, who may not understand that the property is not being
taken or rendered unuseable, but is simply needed for underground pipes.
Action: The Board approved a
motion to return to Open Session.
Motion By: Sack
Second By: Atwell
Vote: Unanimous.
12. Adjournment – There being no further business
for the evening, the Oct. 3, 2000 meeting of the Holly Springs Board of
Commissioners was adjourned at 10 p.m. following a motion by Commissioner
Womble, a second by Commissioner Schifano, and a unanimous vote.
Respectfully
Submitted on Tuesday, Nov. 7, 2000,
______________________________
Joni
Powell, CMC
Town Clerk
Addendum
pages, as referenced in these minutes, follow and are a part of the official
record of this meeting.