Town of Holly Springs
Board of Commissioners Regular
Meeting
Monday, Dec. 11, 2000
(Rescheduled from Tuesday, Dec. 5,
2000)
MINUTES
The Holly
Springs Town Board of Commissioners met in regular session on Monday, Dec. 11,
2000 in the Town Board meeting chambers, located in Town Hall, 128 S. Main
St. Mayor Gerald W. Holleman, calling
the meeting to order at 7:41 p.m. A
quorum was established as the mayor and all five commissioners were present as
the meeting opened.
Prior to
the meeting’s opening, Mayor Holleman explained that the Board of Directors of
the Community Partners Charter High School were meeting with the owner of Omni
Industrial park to discuss options as to school space. He stressed that the Town desires for the
school to stay in Holly Springs and will do what it can to meet that goal. He said the Town has limited space and that
is a continuing problem, but that the Town is committed to keeping school in
Holly Springs.
Board
Members Present:
Mayor Holleman and Commissioners Tim Sack, John Schifano, Parrish Womble, Peter
Atwell and Hank Dickson.
Board
Members Absent:
None
Staff
Members Present:
Richard B. Self, town manager; Dan Cahill, representing the town attorney;
Ernest C. Pearson, town attorney (arrived later in the meeting); Joni Powell,
town clerk (recording the minutes); Cecil Parker, chief of public safety; Gina
Bobber, planning director; Len Bradley, director of parks and recreation; and
Stephanie Sudano, director of engineering.
2 and 3.
The pledge of allegiance was recited, and the meeting opened with a
moment of silent meditation.
4. Agenda Adjustment – The Dec. 11, 2000 meeting agenda
was adopted with changes, if any, as listed below.
Motion Made By: Sack
Motion Seconded By: Schifano
Vote: Unanimous.
Items Added to Agenda:
Consent Agenda Items Moved to New
Business:
Other Changes: Item 6, a
presentation from the Community Partners Charter High School, was moved up on
the agenda to follow agenda adjustment.
At this time, Mayor Holleman invited
all the students of CPCHS to come into the room to participate.
6. CPCHS Communication
– Candice Van Houten of Holly Springs, CPCHS student, addressed the
Board. She explained that the school is faced with no place to go in January
when its current lease expires. She said the school has made a difference in
her attitude and academic goals. She
asked the Town Board for an extension of the expiring lease.
Lynanne Fowle of Holly Springs
-- Mrs. Fowle said she was speaking on behalf of the parents of CPCHS
students. She said her daughter attends
the school and that she has a personal interest in seeing the school remain in
Holly Springs. She said parents are concerned about the potential difficulties
of having to bus or carpool their children to a high school out of town. She said she likes the fact that there is a quality school in Holly Springs and
that CPCHS has been a good experience for her daughter. Mrs. Fowle asked the Board to extend the
building lease or otherwise assist in keeping CPCHS in the community until
their permanent facility is constructed.
Commissioner Schifano said he was
impressed by the support of school by parents and students.
Action: Commissioner Schifano
offered a motion that the Town extend the school’s lease of the Hunt Community
Center classrooms until the end of the school year. Commissioner Schifano withdrew the motion after Mayor Holleman
advised him and the Board that two other alternatives were being discussed between
various parties involved in the construction project of the permanent facility.
Commissioner Atwell said he agreed
with Schifano regarding the support of the school exhibited by the parents and
students.
Commissioner Dickson said he hoped
that the Town could work something out that would benefit the school and the
community.
Mayor Holleman explained to the
audience that one point of concern with the Town is simply that the Town also
is responsible to the parents of children enrolled in parks and recreation
programs that are held at the Hunt Center, and some of those programs have been
postponed due to lack of classroom space.
He said all the interests of the community are the responsibility of the
Board, which has to decide how best to use limited space.
Mayor Holleman said he was hopeful a
solution could be reached that would benefit the CPCHS but also give the Town
some assurance that use of the Community Center could be assigned to other
programs in the future. He said he
would like to know what the options are before entertaining a motion later in
the evening.
Mayor Holleman then explained to the
high school students a little bit about local government and its workings. He invited teachers and students to spend
time with town departments in job shadowing.
No action at this time.
5a. Public Hearing: Rezoning Petition 00-REZ-14 – Ms. Bobber explained that the
Town has received a petition requesting the rezoning of 21 acres at the
northwest intersection of the southern loop of Ralph Stephens Loop Road and NC
55 from R-20 to C-1. The petition was
filed by Robert R. Stafford for Stafford Land Company. She provided the following background
information:
The proposed rezoning is located
within the Community Activity Center (CAC) according to the Holly Springs 1998
Ten-Year Comprehensive Growth Plan. The
center of this CAC was modified to the east of the location depicted on the map
to be centered over the intersection of the new NC-55 Bypass and NC-55 earlier
this year with the commercial rezoning request 00-REZ-09. It is the intent of the
CAC to contain highway commercial uses, including larger retailers, office and
high-density residential around the fringe of the CAC. The location of the proposed rezoning is
immediately south of the terminus of the NC-55 Bypass. The CAC is to be developed as a commerce
center not only for the local neighborhoods, but also the entire community and
outlying fringes of other communities.
Ms. Bobber reported that staff and
the Planning Board recommend approval of the request.
With that explanation completed,
Mayor Holleman opened the public hearing.
There being no comments, the public
hearing was closed.
5b. Public Hearing: Rezoning 00-REZ-15 – Ms. Bobber explained that the Town
has received a petition from William I. Shankle / Tri-South Development Inc.
requesting the rezoning of approximately 9.75 acres from R-20 to C-1. The property forms the northwest quadrant of
the Sunset Lake Road and Holly Springs Road intersection, Ms. Bobber explained.
She then provided the following background information:
The proposed rezoning is located
within a Neighborhood Village District (NVD) according to the Holly Springs
1998 Ten-Year Comprehensive Growth Plan.
NVDs are to become centers for neighborhood activity that will include
grocery stores, offices, drug stores, service and specialty stores, as well as
some convenience stores such as gas stations and other automobile-oriented
businesses. Inappropriate uses would be
the “big box” users in which the area for the proposed rezoning is not large
enough to support a “big box” development.
Ms. Bobber reported that staff
recommends approval of the rezoning petition.
She added that the Planning Board has reviewed the petition and
recommends approval after satisfaction of questions regarding infrastructure
improvements and gateways.
With that explanation completed,
Mayor Holleman opened the public hearing.
The following comments were heard:
William I. Shankle, 8000 Terrell
Road, Raleigh, the applicant – Mr. Shankle addressed the Board in favor of
the rezoning request. He pointed out
that the request conforms to the Town’s 10-Year Comprehensive Growth Plan which
recognizes changing traffic patterns in this area. He said rezoning will provide added commercial development and
the tax base that goes along with it and also will accelerate road improvements
that will be needed. He said that there
is potential for three of the corners of this intersection being developed and
that there is the potential of coordination of efforts in improving the
aesthetics in the neighborhood.
Commissioner Sack asked why one lot
was isolated from others that were grouped for the rezoning petition.
Mr. Shankle said he was unable to
negotiate sale of the property but that the owner was not opposed to the
rezoning of the surrounding parcels. He
said he offered to include the lot in
this rezoning petition for the owner, but the owner declined because he did not
want to increase the value of his lot for tax purposes.
There being no futher comments, the
public hearing was closed.
5c. Public Hearing: Rezoning 00-REZ-16 – Ms. Bobber explained that the
Town has received a petition from Pat Edwards requesting the rezoning of .93
acres from R-20 to C-1. The property is
located adjacent to the subject project of Rezoning Petition 00-REZ-14.
Ms. Bobber said the proposed
rezoning is located within the Community Activity Center (CAC) according to the
Holly Springs 1998 Ten-Year Comprehensive Growth Plan. The center of this CAC was modified to the
east of the location depicted on the map to be centered over the intersection
of the new NC-55 Bypass and NC-55 earlier this year with the commercial
rezoning request 00-REZ-09. She explained that it is the intent of the CAC to
contain highway commercial uses, including larger retailers, office and
high-density residential around the fringe of the CAC. The location of the proposed rezoning is
immediately south of the terminus of the NC-55 Bypass. The CAC is to be developed as a commerce
center not only for the local neighborhoods, but also the entire community and
outlying fringes of other communities, she said.
Ms. Bobber said the Planning Board
had reviewed the petition and recommended approval. Staff also recommends approval, she said.
With that explanation completed,
Mayor Holleman opened the public hearing.
There being no comments, the public hearing was closed.
6. CPCHS Communication – This item was moved up in the
agenda during Agenda Adjustment.
Further communication was made later in the meeting and is recorded
below in this record.
7a.
Rezoning Petition 00-REZ-14 – The Board approved a motion to approve Rezoning Petition 00-REZ-14
granting C-1 zoning for 21 acres located at the northwest intersection of the
southern loop of Ralph Stephens Loop Road and NC 55.
Motion By: Sack
Second By:Womble
Vote: unanimous
7b.
Rezoning Petition 00-REZ-15 -- At the request of the petitioner, the Board approved a
motion to defer action on the rezoning request until after the first of the
year.
Motion By: Womble
Second By: Dickson
Vote: unanimous
7c. Rezoning Petition 00-REZ-16 -- The Board approved a motion to
approve Rezoning Petition 00-REZ-16 granting C-1 zoning for .93 acres located
adjacent to the subject property of 00-REZ-14.
Motion By: Dickson
Second By: Atwell
Vote: unanimous
7d. Ordinance 00-O-24 – Mr. Self explained that there has
been discussion among staff, at the request of citizens, regarding water meter
deposits that are required by the Town.
He explained that the ordinance has been rewritten to provide for a
refund of water meter deposits on written request and after satisfactory
payment record of 12 months. The
ordinance amendment also would allow new water customers to substitute
satisfactory payment history from other towns for a water meter deposit and
would allow existing customers, if eligible, to transfer a previously-paid
water meter deposit to a new address within the Town.
Action: The Board approved a
motion to adopt Ordinance 00-O-24 to amend the Town’s current water meter
deposit ordinance to provide for water meter deposit refunds and requirement
waivers and to modify references to fees.
Motion By: Schifano
Second By: Womble
Vote: unanimous
A copy of Ordinance 00-O-24 is
incorporated into these minutes as addendum pages.
At this time, Eric Freeman,
representing the board of directors of CPCHS, addressed the Board. Mr. Freeman explained that members of the
CPCHS board have been meeting with Chet Van Fossen and David Sharpe about the
school’s site on Quantum Drive. He said
he realizes several members of the town have worked in an effort to bring the
school and the owner of the Omni site together.
He pointed out, however, his board
has concerns. He said the suggestion
that the school move into temporary quarters at Omni until the end of school
year presents a problem: he said the
building is not suitable for educational needs and may be expensive to
upfit. Secondly, he said, students and
staff at the school are settled in at the Hunt Center and would like to remain
where they are.
Mr. Freeman asked that CPCHS be
allowed to stay in the Hunt Center. He
said he realizes that the parks and recreation department has programs it wants
to get started, but he said the school would be willing to rework its schedules
a bit while its permanent building is being constructed so that perhaps some of
the programs could be held.
Mr. Freeman also asked, in the case
the Board agreed to extend the school’s lease through the end of the school
year, what would happen if the permanent building is delayed further and the
need for another extension arose.
Mayor Holleman said he felt the
Board would be willing to extend the lease through the end of the school year,
but a decision on further lease extensions should wait until it was determine
whether or not they are needed.
Action: The Board approved a
motion to authorize the Town Manager to extend the Town’s building lease to
Community Partners Charter High School until the middle of June, to the extent
that CPCHS would work with the Town to accommodate as many parks and recreation
programs as is feasible in the available space.
Motion By: Schifano
Second By: Sack
Vote: unanimous
7e. Finisterra Development Agreement – Mrs. Sudano explained that, in
follow up to the approval of the Finisterra PUD, staff has been working with
the developer and the developer’s engineer to prepare the proposed terms of a
developer agreement. She said the draft
developer agreement before the Board is in the final stages of legal review by
the Town Attorney, but all of the points of agreement as requested by the
developer and reviewed by staff are defined as follows:
1.
The developer will be responsible for paving the unpaved portion of New
Hill Road and installing turn lanes at both main entrances into the PUD (from
New Hill Road and Old Holly Springs Road) in lieu of installing one-half of a
thoroughfare cross section along just the frontage of the PUD property. This includes a requirement for the
developer to spend at least the same amount of money making the paving
improvements as he would have spent making the widening improvements.
2.
The developer will be responsible for installing a gravity sewer
interceptor along White Oak Creek and its tributaries that is sized to
accommodate future basin development (varying in size from 10" to
24"). In addition, the developer
will install a regional pumping station and force main to the wastewater
treatment plant. In exchange the
developer will receive approximately $1,950,635 in credits against sewer
acreage and sewer capacity replacement fees, at the time such fees become due
on the project.
3. The developer shall construct a 12" or larger off-site water
main to serve the development. (Note
that additional water lines and water
system improvements may be necessary to serve the development dependent upon
the results of a hydraulic model that the developer is now conducting - any
costs associated with additional improvements or larger required line size
shall not be included in calculating credits for water line construction.) In exchange the developer will receive
approximately $193,500 in credits against water acreage fees, at the time such
fees become due on the project.
4.
The developer shall construct a reclaimed water irrigation distribution
system to serve both the golf course and each of the lots and units of
development. In exchange the developer
shall receive a $2000 credit against water capacity replacement fees for each
unit developed in the PUD.
Mr. Bradley addressed the Board to explain the
provisions of the following developer agreement portion:
5.
The developer will pay $750 per lot for the first 100 recorded
lots. The developer shall construct an
8 foot wide paved public greenway trail as shown in the approved PUD
document. In exchange, the developer
will receive credits equal to $17 per foot of greenway trail constructed, with
a maximum amount of $272,000. The
developer shall also dedicate land for public parks in accordance with the same
approved PUD document. The developer
shall receive credits in the amount of $547,000 in exchange for the dedication
of 29.1 acres of parkland as shown in the approved PUD document. Should more than 1190 lots be recorded, a
fee in lieu of land dedication will be due in accordance with the Town Board's
approved fee schedule.
For all projects 1 through 4 listed above, Mrs.
Sudano said, documented expenditures will be required before credits are issued
to insure that credits are only issued for town infrastructure that is in place
and complete. In addition, she said,
the developer agreement is quite comprehensive and includes many other conditions
and requirements.
Mayor Holleman called the reuse
proposal extremely critical to the future of the town. He pointed out that it
is easier to get funding for a reuse program, but that it is expensive and
difficult to get a (state) permit for additional sewer discharge.
Action: The Board approved a
motion to enter into a developer agreement with the developers of Finisterra
PUD as described and subject to final review and amendments by the Town
Attorney.
Motion By: Womble
Second By: Dickson
Vote: unanimous
A copy of the developer agreement
draft is incorporated into these minutes as addendum pages.
7f. Planning Board and Board of Adjustment – Ms. Bobber explained that somehow
over the last few years, the terms of current Board of Adjustments members have
become even, rather than staggered. She
said extension of two of the terms would solve the problem, and she recommended
that the terms of Ernestine Corbine and Wallace Ponder be extended.
Action: The Board approved a
motion to extend the terms of Ernestine Corbin and Wallace Ponder in order to
restore staggered terms on the Board of Adjustment.
Motion By: Sack
Second By: Schifano
Vote: unanimous
A current and updated roster of
Board of Adjustment members and their term expirations are on file in the
Planning Department until such time as the roster is made obsolete by a new
roster. The roster is not a part of the
official record of this meeting and does not need to be retained indefinitely.
Ms. Bobber explained that, with the staggered term
issue addressed, there will be a vacancy on the Board of Adjustment with the
expiration of in-town member Jean Orelien, who has indicated that he will not
seek a return to his seat.
Commissioner Dickson said in-town alternate
Lesli Doares wants to serve as a regular member, and he nominated her to the
position
Action: The Board approved a
motion to appoint Lesli Doares to the Board of Adjustment as an in-town
full-time member to replace retiring member Jean Orelien.
Motion By: Dickson
Second By: Womble
Vote: unanimous
Ms. Bobber then reported that leaves
two in-town alternate vacancies on the Board of Adjustment that need to be
filled.
Commissioner Dickson suggested that
the Board consider Planning Board applications in which applicants expressed a
willingness to serve on either the Planning Board or the Board of Adjustment.
Action: By consensus, the
Board deferred action on attempting to fill alternate positions on the Board of
Adjustments until Planning Board applicants could be contacted to gauge their
interest.
Ms. Bobber then explained that two
in-town seats on the Planning Board will be expiring this year. Seats currently held by Lisa Martin and
Jonathan Gibbons will become open; however, both current members have expressed
interest in continuing to serve.
Action: The Board approved a
motion to reappoint Lisa Martin and Jonathan Gibbons to new terms on the
Planning Board as in-town full-time members.
Motion By: Sack
Second By: Dickson
Vote: unanimous.
Ms.
Bobber then explained that the term of Doris Robinson, the Planning
Board’s sole member from the ETJ, also is expiring this year. She advised that Mrs. Robinson did not apply
for reappointment since it is possible that the property on which Mrs. Robinson
resides soon will no longer be in the ETJ but actually within the Town limits.
The situation results in yet another
vacancy on the Planning Board, that of ETJ member, Ms. Bobber said, adding that
the Town has received no applications for the Planning Board nor the Board of
Adjustments from residents of the ETJ.
Action: By consensus and due
to the lack of applicants for consideration, the Board deferred action until suitable applications
are received.
7g. Dec. 19 and Jan. 2 Meetings – The Board approved a motion to
dispense with the Dec. 19, 2001 regular meeting entirely and to reschedule the
Tuesday, Jan. 2, 2001 regular meeting to Monday, Jan. 8, 2001 in light of the
Christmas and New Year holiday office hours and to accommodate anticipated staff
shortages.
Motion By: Sack
Second By: Womble
Vote: unanimous
8. Consent Agenda – All items on the Consent Agenda
were approved following a motion by Commissioner Sack; a second by Commissioner
Womble; and a unanimous vote. The following
actions were affected:
8a. Rezoning Petition 00-REZ-05 -- Rezoning Petition 00-REZ-05
requesting C-1 zoning for property located on Avent Ferry Road was deferred.
8b. Rezoning Petition 00-REZ-06 – Rezoning Petition 00-REZ-06
requesting C-1 zoning for property located in the Omni Industrial Park was
deferred.
8c. Budget Amendment, $8,450 – A budget ordinance amendment in
the amount of $8,450 to be used for the purchase of radar equipment and funded
by previous year’s drug forfeiture funds was adopted.
A copy of the budget amendment is
incorporated into these minutes as an addendum page.
9. Public Comment – At this time, a 15-minute time
period was offered for members of the public to address the Board on any
variety of topics not on the night’s agenda.
The following comments were offered:
None.
10. Other Business – There was no Other Business.
11. Manager’s Reports – Mr. Self reported that the Town
was in the process of hiring a new town engineer and a water quality lab
technician. He provided the Board with
monthly department reports.
Mr. Self then reported that a recent
gift to the Town of a parcel of property near Bass Lake was conditioned by a
60-year title search when the original motion was made to accept the gift.
Mr. Pearson advised that the Town
could save its legal resources by approving a motion to amend the original
motion to call for a 30-year title search rather than the more extensive and
time-consuming 60-year title search.
Action: The Board approved a
motion to amend the original motion to accept a grant of land from the Grantham
family subject to a 30-year title search rather than a 60-year title search.
Motion By: Sack
Second By: Atwell
Vote: unanimous
12. Adjournment – There being no further business
for the evening, the Dec. 11, 2000 meeting of the Holly Springs Board of
Commissioners was adjourned at 10:31 p.m. following a motion by Commissioner
Schifano, a second by Commissioner Atwell, and a unanimous vote.
Respectfully
Submitted on Tuesday, March 20, 2001,
______________________________
Joni
Powell, CMC
Town Clerk
Addendum pages, as referenced in these minutes, follow and are a part of the official record of this meeting.