2/1/00 Meeting Minutes, Town of Holly Springs

Town of Holly Springs

Board of Commissioners Regular Meeting

Tuesday, Feb. 1, 2000

MINUTES

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, Feb. 1, 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 four board members were present as the meeting opened.

Board Members Present: Mayor Holleman and Commissioners Tim Sack, John Schifano, Parrish Womble, and Hank Dickson.

Board Member Absent: Commissioner Peter Atwell.

Staff Members Present: Richard B. Self, town manager; Ernest C. Pearson, town attorney; Joni Powell, town clerk (recording the minutes); Len Bradley, parks and recreation director; Patt Crissman, interim town planner; Jennifer Carr, director of economic development; Cecil Parker, chief of public safety; Luncie McNeil, director of public works; and John Ellis, finance director.

2 and 3. The pledge of allegiance was recited, and the meeting opened with a moment of silent meditation.

4. Agenda Adjustment – Commissioner Sack moved that the Feb. 1, 2000 meeting agenda be adopted with the changes, if any, as listed below. Commissioner Womble seconded the motion, which carried unanimously.

Items Added: None.

Consent Items Moved: None.

Other: None.

5. Public Hearing: 99-SUP-11 – Mrs. Carr explained that the Town had received an application for a Special Use Permit for a proposed townhome development on Bass Lake Road. The property is located on .62 acres zoned R-10. Townhome development is allowed in an R-10 zone with issuance of a Special Use Permit, she explained.

Mrs. Carr said the project went before the Board of Adjustment on Dec. 21, 1999 to request a variance for an increase in density and a second variance to reduce the required thoroughfare buffer width.

The petitioner’s request to increase the maximum density to a total of seven units was denied, she reported. Mrs. Carr added that the Board of Adjustment did grant a variance of the thoroughfare buffer, granting the project permission to install a 35-foot buffer. Removing the seventh unit will allow the petitioner to meet the 35' buffer requirement.

Mrs. Carr advised the Board that the Planning Board had reviewed the plan and recommended approval.

With this explanation completed, Mayor Holleman opened the public hearing to accept sworn testimony regarding Special Use Permit Application 99-SUP-11. Witnesses were sworn in by the Town Clerk and offered the following testimony:

Stephanie Norris of Spaulding Engineering and representing the applicant, Bob Stafford – Mrs. Norris submitted the application and reduced site plan drawings of the proposed development in testimony that the plan would satisfy the general and specific conditions for townhomes. Copies of the application and site plan drawings are incorporated into these minutes as addendum pages and represent the entry of evidence into the sworn testimony of this hearing.

Commissioner Schifano asked if it was correct that there were 13 parking spaces for six units. Mrs. Norris said yes.

Commissioner Dickson asked what was the growth of the plantings illustrated on the artists’ rendering of the site. Mrs. Norris said they closely approximated plantings at planting, meeting the Code requirements for height and caliper.

Commissioner Dickson said he was concerned that site plans and drawings always seem to illustrate more landscaping coverage than the finished sites.

Mr. Bradley pointed to the site plan page showing the size and caliper of trees and shrubs at planting and suggested that it might give a better idea of what was being proposed than the artist’s drawings.

There being no further witnesses to testify, the public hearing was closed.

5b. Public Hearing: Sedimentation and Erosion Control Ordinance – Mrs. Sudano explained that the Town is investigating establishing its own Sedimentation and Erosion Control office. She explained that the Town has submitted an application for grant funds to cover some of the personnel and capital costs associated with the creation of a local sedimentation and erosion control program -- to be created and administered by the Town of Holly Springs.

Currently, the program is administered for Holly Springs by Wake County, she said. She explained that one of the grant requirements is to pass a local Sedimentation and Erosion Control Ordinance, with a public hearing’s being the first step of that process. She pointed to a draft proposed ordinance that is the subject of the public hearing. She explained that it is a model ordinance and is subject to minor draft changes. She added that staff is not asking for action on the ordinance until such time as grant funds become available to fund the program. At that time, she said, the ordinance would come back to the Board for consideration of the draft.

With that explanation completed, Mayor Holleman opened the public hearing. The following comments were received.

For: None

Opposed: None

Other: None

There being no comments, the public hearing was closed.

5c. Public Hearing: Rezoning Petition 00-R-01 – This public hearing was advertised, the property was posted, and surrounding property owners notified; however, the request has been withdrawn.

The petition was a request to rezone property on New Hill Road to R-10 Special Use District to allow townhome development. The property contains 15.2 acres and currently is zoned R-15. The back and one side of the property abuts R-10 lots in the Oak Hall subdivision.

With that explanation completed, the public hearing was opened and then closed with no comments.

5d. Public Hearing: Rezoning Petition 00-R-02 – Mrs. Carr explained that this rezoning petition (and an associated annexation petition) has not been reviewed by the Planning Board as inclement weather on Tuesday, Jan. 25 necessitated the cancellation of the Planning Board meeting. She suggested that the public hearing be opened and not closed, but continued until Tuesday, Feb. 18 so that the Planning Board can review the petition and form a recommendation to the Board of Commissioners when it holds a make-up meeting on Feb. 8.

In the meantime, she explained the rezoning request: the rezoning petition requests that 1.99 acres of land forming the northeast quadrant of the Holly Springs Road / Sunset Lake Road intersection be classified as C-1 commercial. The parcel is located across Holly Springs Road from the Exxon convenience store.

Current zoning of the property is Holly Springs (ETJ) R-20. The only development on the property is an abandoned manufactured home.

Surrounding zoning is R-20, except for the C-1 property located across the intersection in the southeast quadrant. R-20 zoning allows only residential development of 20,000 square foot lots or bigger. C-1 is a commercial district, and several types of development (all commercial in nature) are allowed and must be developed in accordance with the Town’s C-1 development standards for on-site and off-site improvements.

The Comprehensive Plan designates this area for commercial development, she said.

With that explanation completed, Mayor Holleman opened the public hearing. The following comments were recorded:

For:

George Hamzik, 5112 Salinas Ct. – Mr. Hamzik said he was not opposed to the rezoning of the property to C-1; however, he wanted to know if the right-of-way for a proposed traffic circle in that intersection had been dedicated. He suggested that the right-of-way be obtained before rezoning the property to Commercial-1. He said he felt that the Town was veering away from the traffic circles it has laid out in the Comprehensive Plan. Mr. Hamzik warned of taking inadequate width for traffic circles as development plans come to the Town. In closing, he said if the Town intended to put a traffic circle in that intersection, then the petitioner needs to be advised that a large amount of his property will be needed for future construction.

Against: None.

Other: None.

There being no further comments, Mayor Holleman continued the public hearing to resume on Feb. 18.

6a. Bowman Communication – Mrs. Marla Bowman addressed the Board of Commissioners regarding her concern over animal control in Holly Springs. Mrs. Bowman complains of unconscientious pet owners who do not keep their animals (dogs and cats) on leashes.

Holly Springs is served by Wake County Animal Control, and the local ordinance states that pets should be in control of their owners at all times. (Control meaning fenced, on leashes, etc.) Residents currently report violations to the Wake County Animal Control office, which issues warnings and then fines. Mrs. Bowman asked if it would be feasible to have a local animal control program.

In the meantime, public awareness might be the most cost-effective tool, she said. The spring newsletter will contain helpful information for pet owners (and their neighbors). She also said she hopes it will be advertised and publicized in the local newspaper and websites. Mrs. Bowman said she wanted to bring this concern to the Board’s attention in a public forum where others may hear and help spread the message.

No action.

6b. Hamzik Communication – Mr. George Hamzik addressed the Board regarding the disposal of white goods. Mr. Hamzik said he feels there should be a local ordinance requiring disposers of refrigerators to remove the doors before discarding. Even though there are state regulations in place, Mr. Hamzik feels there should be a local effort to make sure residents are aware of the law and obey it.

Mr. Hamzik related a story from his childhood of being trapped in a discarded box with a lock clasp on it. He said the vivid memory of this came back to him when he recently had cause to dispose of a refrigerator and was told (in error) by a Town employee that he did not have to remove the doors. He said it prompted him to research for his presentation to the Board statistics regarding deaths of children due to becoming trapped in discarded refrigerators.

He asked the Board to consider adoption of an ordinance which would require that doors be removed from refrigerators and freezers before disposal. Short of that, he asked that the Town adopt a policy of informing citizens of the state regulations. Commissioners agreed that there are state laws covering this and that the Town should enforce those safety laws.

No action taken.

7a. 99-SUP-11 – On this petition, staff recommended issuance of the Special Use Permit with the condition that a 35-foot buffer be provided as mandated by decision of the Board of Adjustment and / or any other conditions that the Board may impose.

Commissioners began making findings of fact, based on the testimony provided. There was lengthy discussion only on General Condition No. 5.

Findings of Fact, No Debate:

The Board determined that Special Use Permit Application 99-SUP-11satisifed or would satisfy General Conditions 1, 2, 3, 4, and 6 as listed below from Part 9, Chapter 4050.1 of the Holly Springs Town Code that all Special Uses must satisfy:

(1) That all Specific Conditions have been or will be satisfied.

(2) That access roads or entrance and exit drives will be sufficient in size and properly located to ensure motorist and pedestrian safety and convenience; that traffic flow and speed will be controlled within the project; and there is adequate emergency access in case of fire or other emergency.

(3) That service areas (off-street parking, loading, refuse areas, etc.) are located so as to be safe and convenient; that these areas do not block emergency access to buildings; and that these service areas are situated so as to minimize glare, odor, economic or other impacts on adjoining properties and the general neighborhood.

(4) That utilities, schools, fire, police and other necessary public and private facilities and services will be adequate to handle the proposed use.

(6) That the type, size and intensity of the proposed use, including such considerations as the hours of operation and numbers 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.

Findings of Fact, No Debate:

The Board determined that Special Use Permit Application 99-SUP-11satisifed or would satisfy Specific Conditions 1, 2, 3, 4, and 5 as listed below from Part 9, Chapter 4050.3(K) of the Holly Springs Town Code that all Townhome proposals as Special Uses must satisfy:

(1) Density: That minimum lot area, width and coverage requirements are met according to Town Code.

(2) The yard requirements around the perimeter of townhouse projects with more than two attached townhouses shall be twenty (20) feet between townhomes and adjacent single-family development and ten (10) feet between townhomes and adjacent multi-family development and fifty (50) feet between townhomes and any fronting thoroughfare. (The Board of Adjustment has granted variance of a portion of this requirement, allowing that a 35-foot thoroughfare buffer be installed. The site plan illustrates a 20-foot perimeter buffer between adjacent single-family development and a 10-foot buffer between adjacent multi-family development, which meets the remaining requirements of this condition).

(3) Subdivision Regulations: that townhouses will meet the requirements of the Subdivision Regulations of the Town, including the requirements for dedication of park, recreation and open space land.

(4) The minimum number of townhouses attached to each other shall be two (2) and the maximum shall be eight (8).

(5) Any common areas and common open space shall be deeded to a homeowner’s association which meets the requirements of Section 9-3058.2 of the Subdivision Regulations of the Town.

Findings of Fact, Following Debate and Cross-Examination of Witnesses:

There was debate on the following General Condition:

(5) 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.

Commissioner Dickson said he felt that the Board should apply a condition to the SUP that the 35-area thoroughfare buffer be allowed, but with as much vegetation as would be required in a 50-foot buffer.

Commissioner Sack said he felt that the area would become too crowded with plants for them to grow healthy and to term.

Mrs. Crissmann agreed with Commissioner Sack that the plantings on the plan represent the optimum number of trees for the buffer strip according to horticulturalist standards.

Commissioner Dickson said he wanted to see the caliper of trees increased, then.

Commissioner Sack said the increase in caliper would represent a significant cost increase between two inches and four inches and not much difference in appearance of the tree. He added that he did not have a problem with the site plan because it satisfies the Town Codes.

Commissioner Dickson and Schifano said they felt that there were not enough trees indicated on the plan. Commissioner Dickson said, however, he was more concerned about the caliper. He added that he was not concerned about the increased cost to the developer.

Mrs. Crissmann answered questions about estimated costs of landscaping.

Commissioner Dickson said he was aiming for a more finished look earlier in a construction project than later.

Mrs. Crissmann explained that there are concerns both ways -- smaller plants at planting are more apt to survive and allow smaller undergrowth plants to get established, so the long-term viability of landscaping is ensured; larger plants at planting may provide a bit more initial green coverage, but survivability of the plants and trees is questionable.

Commissioners agreed that the site plan satisfied General Condition No. 5 although a more mature look in the landscaping would be ideal, if it were possible.

Action: Commissioner Womble moved that 99-SUP-11 be issued with the variance in the thoroughare buffer mandated by the Board of Adjustment. Commissioner Sack seconded the motion, which carried unanimously.

Before continuing with the agenda, Commissioner Schifano suggested that the Town consider augmenting the Town Code as it relates to parking requirements for multi-family uses. Current regulations, he said, do not require enough parking spaces for visitors to a site.

7b. Audit Report – The annual audit was completed late last year. Results and the management letter of the Town’s finances was presented by Mr. Chris Abbott of Duke and Company of Fuquay-Varina.

After reporting on the financial statements, Mr. Abbott presented the management letter. In this letter, two reportable conditions are that the Town staff is not adequate in size to allow for segregation of duties; therefore there are inherent limitations on the effectiveness of certain controls. He suggested that the Town augment is Finance Office staff to obtain an optimum segregation of duties. The auditing company also recommended that the Town continue increasing its General Fund Fund Balance, especially as the Town grows.

Action: Commissioner Sack moved that the Town accept the audit report. Commissioner Womble seconded the motion, which carried unanimously. A copy of the financial statements and audit report are on File in the Town Clerk’s office and are, by reference, incorporated into these minutes. A copy of the management letter is incorporated into these minutes as addendum pages.

7c. Surplus Property – Mr. Self explained that state law (G.S. 160A-266(c)) provides that town councils may appoint a town official to handle the chore of designating surplus personal property (valued at less than $5,000) and properly disposing of that property in a manner prescribed by various regulations. He said he would recommend that the Town Manager be authorized with this duty.

He explained that it would be particularly helpful as staff begins to clear the second floor storage rooms of Town Hall of obsolete computer software, computer parts, equipment, furniture and miscellaneous items. He stressed that this would be for personal property only and not for real property.

He advised that an inventory list would be kept and reported to the Board at least annually.

Action: Commissioner Womble moved that the Town Manager of Holly Springs be authorized to declare surplus and dispose of personal property of the Town. Commissioner Schifano seconded the motion. Mayor asked that the motion be amended to include only personal property of the Town valued at less than $5,000. Commissioner Womble so amended the motion. Commissioner Schifano seconded the amended motion, which carried unanimously.

7d. Surplus Property – The property is described as a 20-year-old recording device that was donated to the Town by the Town of Dunn several years ago. The unit is broken beyond repair. The Town had no funds invested in this unit and is determined by staff to have no resell, parts or market value.

Action: Commissioner Sack moved that a broken recording device, which is no longer being used by the Department of Public Safety, be declared surplus property of no value and that it be disposed of by deposit in a landfill. Commissioner Dickson seconded the motion, which carried unanimously.

8. Consent Agenda -- Commissoner Dickson moved that all items on the Consent Agenda be approved. Commissioner Womble seconded the motion, which carried unanimously and affected the following actions:

8a. Resolution 2000-1 – Resolution 2000-1, a resolution authorizing the State of North Carolina to release from its budget the Holly Springs share of Lead Regional Organizational funds ($477.63) reserved for the Triangle J Council of Governments, was adopted. A copy of Resolution 2000-1 is incorporated into these minutes as an addendum page.

8b. Minutes – The minutes of the Board’s regular meeting held on Dec. 7 and then continued on Dec. 20, 1999; a regular meeting held on Jan. 4, 2000; and a cancelled meeting “not held” on Jan. 18, 2000 were approved.

8c. Alford Street Closing – Consideration and action on this topic was deferred until a future date.

9. Public Comment – At this time, a 15-minute time period was provided for citizens to address the Board on any variety of topics of concern. The following citizens were heard:

Debra Carlton, Holly Glenn Subdivision – Mrs. Carlton addressed the Board, advising members that she is enraged at the recently announced Wake County Public School System student reassignments for 2000-2001. Mrs. Carlton explained that here daughter is now facing the possibility that she will be forced-bussed to an elementary school in Fuquay-Varina. She asked that the Board consider the harm of the proposed reassignment on local children. She reported that she feels very strongly that community schools are important for families and the community-as-a-whole. She asked the Board’s support and action to oppose the school reassignment plan.

Discussion:

Mayor Holleman suggested that a strongly-worded resolution be drafted and addressed to the Wake County Board of Education in protest of the reassignment plant.

Commissioner Womble suggested that each of the commissioners also lobbying individual Board of Education members, and Mayor Holleman agreed.

Commissioners Sack and Dickson said they felt both actions were necessary.

Action: Commissioner Dickson moved that staff draft a strongly-worded resolution, Resolution 00-R-02, in protest of the proposed WCPS reassignment plan and that the draft be forwarded to commissioners for critique. Commissioner Sack seconded the motion, which carried unanimously.

Glenn Myrto, 408 W. Ballentine St. – Mr. Myrto addressed the Board, commending town staff for clearing streets so quickly following the recent snow storm. He asked that the comments be passed on to the workers.

Commissioner Sack agreed that Public Works personnel handled the challenges of the snow storm very well.

10. Other Business:

10a. Transportation Advisory Committee – Mayor Holleman appointed himself as the Town’s representative on the Transportation Advisory Committee. He asked board members if any were interested in serving as an alternate member on the TAC. Commissioner Sack volunteered and was so appointed.

10b. Wake Economic Development Commission – Mayor Holleman appointed himself as the Town’s representative on the Wake County Economic Development Commission. He asked Commissioner Atwell, who had expressed an interest in serving on the commission, to serve as alternate.

11. Manager’s Report – Mr. Self reported to the Board that Town staff was organizing an evening meeting/open house event for February. He said he would announce a date for that night as soon as it is scheduled.

Mr. Self also reported that Town streets are as clean as they can get, considering the amount of snow and ice accumulation from the recent storm. He reported that the Town has salt in supply, if needed. Garbage collection will resume this week, he said; however, yardwaste collection will have to wait until remaining ice is melted because Town trucks cannot get into the disposal yard.

Mr. Self reported to the Board that final candidates for the Town’s Planning Director position have been identified, and interviews are being scheduled.

On behalf of staff, Mr. Self thanked Mr. Myrto for his comments. He then added his own commendations for the work that was done during the record-breaking 20-inch snowfall.

12. Closed Session -- Commissioner Dickson moved that the Town Board enter into Closed Session for the purpose of discussing with the Town Attorney potential litigation related to the South Wake Landfill project. Commissioner Sack seconded the motion, which carried unanimously.

General Account of Closed Session – Feb. 1, 2000

In closed session, the Board discussed a misstatement contained in responses to the administrative law judge’s ruling that indicate the Town of Holly Springs is in support of the landfill project. It was decided that the Town Attorney should clarify the Town’s opposition to the project with a letter pointing out the erroneous information.