6/6/00 Meeting Minutes, Town of Holly Springs

4. Agenda Adjustment – The June 6, 2000 meeting agenda was adopted with changes, if any, as listed below.

Items Moved on the Agenda: Item 6a., consideration of a Time Warner-AOL transfer resolution, was moved up on the agenda to follow agenda adjustment and precede the public hearings.

Items Added to Agenda: Added to New Business were the following items – 7f. Award bid for the Harnett County water line project; 7g. Discussion of formation of a Parks and Recreation Advisory Committee; 7h. Cancellation of the July 4 regular Town Board meeting; and 7i. Set a public hearing date of June 20 to receive input on the Town’s 10-Year Solid Waste Management Plan.

Also added was a Closed Session as Item No. 11 to discuss with the Town Attorney a lawsuit filed against the Town by Wake County; the Town’s response to a lawsuit filed by Don Davis; and the Town’s potential intervention in the Residents Against the Landfill legal action

Motion Made By: Sack

Motion Seconded By: Womble

Vote: Unanimous.

4b. Transfer Resolution – Mr. Bob Sepe of the Triangle J Council of Governments Cable Consortium addressed the Board. He explained the issue of open access and the public policy issue before the Board regarding a transfer resolution relating to the transfer of control in the AOL/Time Warner merger. Mr. Sepe explained that the proposed Resolution 00-R-08 is a final recommended version of a transfer resolution.

He reminded the Board that earlier draft proposals either encouraged TWEAN to afford its customers a choice of internet service providers on its cable, but left it voluntary; required TWEAN to provide open access for both internet and cable television programming; or denied altogether consent for the transfer.

The final version of the resolution before the Board keeps the mandatory open access provisions of Paragraph 9 (internet), but deletes Paragraph 10 relating to nondiscriminatory cable programming. This version stems from the Triangle J Cable Consortium’s discussions with local government representatives, Mr. Sepe said in his recommendation to adopt.

Action: The Board adopted Resolution 00-R-08 in its final draft form to consent to the Time Warner-AOL transfer with the condition that there be mandatory open access for internet service providers but not addressing cable programming.

Motion By: Sack

Second By: Schifano

Vote: Unanimous.

A copy of Resolution 00-R-08 is incorporated into these minutes as addendum pages.

5a. Public Hearing: Ordinance 00-05 – Mr. Self explained that the proposed Ordinance 00-05 would simplify the irrigation schedule mandated bv the Town’s Water Conservation and Water Shortage Response Ordinance. According to the new ordinance, the schedule would be modified to allow residents with even-numbered addresses to water on Tuesdays, Thursdays and Saturdays while those with odd-numbered addresses would water on Wednesday, Friday and Sundays.

Mr. Self explained that, following adoption of the ordinance, publicity would inform residents of the change. Adoption of the ordinance would not effect the irrigation times, which are currently from midnight to 7 a.m. or from 7 p.m. to midnight on an assigned day.

Commissioner Dickson asked why Monday was left as an odd day out.

Mr. Self explained it was so that everyone would have one weekend day on which to water. Commissioner Sack also pointed out that the irrigation-less Monday gives the Town a day to refill water storage tanks following the weekend.

Commissioner Schifano asked if garden watering was affected by the ordinance. Mrs. Sudano responsed that only automatic sprinkler systems and mechanisms are addressed.

With that explanation completed, Mayor Holleman opened the public hearing, and the following comment was recorded:

Glenn Myrto, 408 W. Ballentine St. – Mr. Myrto said he is in favor of the ordinance, but he would like to see commercial businesses addressed when they are out of compliance.

There being no further comments, the public hearing was closed.

5b. Public Hearing: Proposed FY 2000-01 Budget -- Mr. Self outlined the budget proposal, summarizing the process and contents of the spending plan. He explained that major budget items include 18 new employees and continuing capital improvement projects. He explained that prior budgets of the Town have, by necessity, emphasized critical infrastructure projects rather than staff additions. This budget, he said, makes room for adding staff because more personnel is needed in order to maintain adequate levels of service to a growing population.

Mr. Self explained to the audience that the Board had convened in several work sessions to make adjustments to the initial spending plan.

In the end the General Fund balances at $7,350,142 with an ad valorem tax rate of 53 cents. The revenue-neutral rate equivalent to last year’s tax rate of 62 cents on pre-revaluation property values is 51 cents, he said.

Mr. Self explained that new development fees have been added to the Town’s schedule, and some existing fees have been increased. He noted that residents planning to install irrigation meters would notice a dramatic increase in the cost of adding a second water meter.

Other increases include increases to the water rates and fees charged for garbage and recycling collection and are “pass-through expenses,” the Town Manager said. He said the Town is simply increasing these rates to mirror the increased cost paid by the Town to the City of Raleigh for water and to Waste Industries for garbage and recycling service.

With that explanation completed, Mayor Holleman opened the public hearing, and the following comments were offered:

Roger Hutcheson, Holly Springs Chamber of Commerce – Mr. Hutcheson gave a presentation to the Board on recent projects of the Chamber of Commerce. He asked that the Town consider providing funding to assist with some of the projects of the organization, especially those that pertain to economic development in Holly Springs. He submitted his comments in writing for the record, and a copy of these comments are incorporated into these minutes as an addendum page.

Commissioner Atwell asked if funds were included in the budget proposal for the Chamber. Mr. Self said that about $4,500 had been requested to assist in the postage costs of a Chamber directory. He said that amount was included in the budget.

Mayor Holleman suggested that there be increased coordination of efforts and resources between the Town and the Chamber. He suggested a mayoral appointment of Commissioners Atwell and Dickson to work with the Town Manager and the Chamber to look into growing coordination and cooperation. The mayor also suggested that the budget proposal be adjusted to accommodate a $25,000 grant to the Chamber of Commerce to assist in that organization’s expenses.

Commissioner Sack said he would be supportive of the adjustment, if funds could be identified.

There being no further comments, the public hearing was closed.

In discussion, Commissioners asked how Town funds would be funneled to and expended by the Chamber.

Action #1: The Board appointed Commissioners Atwell and Dickson to serve on an audit committee to help appropriately distribute Town funds to the Chamber of Commerce and that the Town Attorney prepare a Memorandum of Understanding between the Town and the Chamber prior to allocation of any funds.

Motion By: Sack

Second By: Womble

Vote: Unanimous

Action #2: The Board approved the motion to add adoption of the FY 2000-01 Budget and Water and Sewer Rates to the agenda.

Motion By: Womble

Second By: Sack

Vote: Unanimous.

Action #3: The Board approved a motion to adopt Ordinance 00-06, the FY 2000-01 Budget Ordinance and Ordinance Setting the Water and Sewer Rates with the addition of a line item to provide the Holly Springs Chamber of Commerce with $25,000 (total).

Motion By: Womble

Second By: Sack

Vote: Unanimous.

A copy of Ordinance 00-06 is incorporated into these minutes as addendum pages.

At this time, Commissioner Dickson suggested that next year a public comment meeting be held prior to budget preparation so that input could be reflected in the budget document, if appropriate.

Mr. Self said he favors that means himself; however, this year he could not follow that routine since so much time was needed to assign new account numbers.

7a. Ordinance 00-05, Water Conservation Schedule –

Action: The Board adopted Ordinance 00-05 modifying the Town’s Water Conservation Season irrigation schedule.

Motion By: Womble

Second By: Schifano

Vote: Unanimous.

A copy of Ordinance 00-05 is incorporated into these minutes as an addendum page.

7b. Holly Glen Phase 6 – Ms. Bobber explained that Covenant Developers had submitted plans for Holly Glen Phase 6 in accordance with the Holly Glen Master Plan that was approved in 1998. The plan is for 45 lots on 16.75 acres, is zoned R-10 and meets all requirements for the zoning district, she said.

Ms. Bobber said the Planning Board reviewed the preliminary plan and that there was discussion regarding the adequacy of the access and entrances to this phase of Holly Glen and the entire Holly Glen development as a whole; the location and length of the proposed cul-de-sacs; and a concern about adequate connectivity between this phase and the adjacent phases of Holly Glen and adjacent parcels.

Ms. Bobber said the Planning Board unanimously recommended to approve 00-S-06, Holly Glen Phase 6, but asks that the Town Board discuss the issue of connectivity.

Commissioner Dickson said he felt connectivity is an issue with this phase. He said he felt cul-de-sacs could be connected into Holly Meadow Drive.

Chet Van Fossen, Planning Board member, addressed the Board. Mr. Van Fossen said that the typography of the land poses a problem with connectivity. He also pointed out that the master plan approval by the Town Board two years ago hand-ties the Planning Board to a great extent.

After much discussion, Mayor Holleman suggested that Commissioners forward their ideas for added connectivity in this phase of Holly Glen to staff. He said staff could work with developers to make some adjustments for the Board’s further consideration on June 20.

Action: The Board approved a motion to defer action on this phase of Holly Glen until June 20 following possible adjustments in the street layout to promote more connectivity.

Motion By: Sack

Second By: Dickson

Vote: Unanimous.

7c. Saddle Ridge – Ms. Bobber explained that MacGregor Development had submitted plans for a major subdivision for 44 lots on 73.46 acres. The property is located on Sunset Lake Road/Brackenridge Lane to the south of Spencer’s Trace and to the north of Brackenridge. The property is zoned R-20 and was recently annexed into the Town.

The proposed plan conforms with the requirements of the Town’s Zoning Ordinance, Ms. Bobber said. The applicant is requesting that the Town Board, in accordance with section 9-0354.4 Flag Lots of the Holly Springs Subdivision Ordinance, grant a reduction in the required street frontage for Lot 25 and 26 from 30’ to 20’ and to allow these lots to be accessed with a single drive within an access easement. All of the Staff Review Comments were addressed satisfactorily prior to the Planning Board meeting, she added.

Ms. Bobber reported that the Planning Board reviewed this plan on May 23. The Planning Board discussed the following: questions in regard to access easements and maintenance of shared driveways; the need for the developers to start installing greenways as shown in the Town’s Comprehensive Growth Plan; the widening of and addition of turn lanes on Sunset Lake Road; and the location of sidewalks.

Ms. Bobber said the Planning Board unanimously recommended to approve 00-S-05 Saddle Ridge, contingent upon the developer’s following the Town’s Parks and Recreation Director’s recommendation to construct an asphalt greenway.

At this time, Mayor Holleman opened the floor to some in the audience who wanted to address the plan. Mr. Judd Early of the Brackenridge Homeowners Association spoke for the group.

Mr. Early said the developer is working in cooperation with the residents of Brackenridge to resolve issues of concern, and he asked the Board’s support of three items.

1. Left turn lane onto Sunset Lake Road to accommodate increase in traffic. Mr. Early said the developer has agreed to fund construction of the turn lane, but Brackenridge homeowners want the Town to work with NCDOT to ensure that the left-turn lane is built.

2. Sidewalks. Mr. Early said that homeowners in Brackenridge agree that one section of sidewalk that would lead to nowhere and serve no reasonable purpose (since the remainder of Brackenridge has no sidewalk) on the plan should be eliminated. He asked, however, that a payment of lieu be required instead.

3. Screening = Mr. Early asked that the Town Board pay close attention to make sure that there will be adequate buffer between property lines.

Mayor Holleman responded that he felt sure the NCDOT would be more than happy to see the construction of a left turn lane on Sunset Lake Road, but that if there was a problem, he would address it. He recommended that the Board allow the elimination of a portion of sidewalk as requested, and he assured Mr. Early that the Board would pay particular attention to property line buffers.

Action #1: The Board approved a motion to approve the requests of the developer regarding the reduction of street frontage for two flag lots.

Motion By: Womble

Second By: Sack

Vote: Unanimous.

Action #2: The Board approved a motion to approve the subdivision plans for Saddle Ridge, contingent upon the satisfaction of all staff comments.

Motion By: Womble

Second By: Schifano

Vote: Unanimous.

7d. Planning Board Request – Ms. Bobber explained to the Board that the Planning Board had expressed concerns regarding representation on advisory committees appointed by the Town Board to address various developmental issues, such as the Commercial Corridor Growth Committee. She reported that the Planning Board requests that the Town Board consider including a member of the Planning Board on each such committee, either as a voting or a non-voting member.

Commissioner Dickson said he was not sure there should be a blanket policy that any time there is a committee set up that deals with development that there has to be someone from the Planning Board on it. He said he does not think that is a good idea.

Commissioner Sack said he thought appointing a Planning Board member might add to the committees and not detract from them. He said it might be advantageous.

Planning Board member Glenn Myrto addressed the Board. He said the Planning Board was not interested in having influence over the committee, but was simply interested in communications. He pointed out that the Planning Board’s role is to make recommendations, and committee discussions could provide the Planning Board with insight.

Mayor Holleman pointed out that the committee meetings were open public meetings and that members of the Planning Board could attend as observers and accomplish the same goal.

John Wood, chairman of the CCGC addressed the Board. He said his committee would be happy to include the Planning Board in communications and would be equally acceptable to have members of the Planning Board represented on his committee.

No action taken.

7e. Budget Amendment –

Action: The Board adopted a budget ordinance amendment in the amount of $28,256, taking in this amount in the form of reimbursement from FEMA and assigning the funds in various amounts to the departments that expended the original funds at the time of Hurricane Floyd.

Motion By: Schifano

Second By: Sack

Vote: Unanimous.

A copy of this budget ordinance amendment is incorporated into these minutes as an addendum page.

7f. Harnett County Waterline – Mrs. Sudano explained that the Town had received bids for the installation of a 30-inch waterline connecting Holly Springs to the Harnett County public water supply system. Of the 14 bids, the low bidder is Park Construction of Cary with a bid of $2,344,239.61. Mrs. Sudano explained that funding for the project is from the State Clean Water Bond Fund and that she anticipates construction will begin in July with completion by March 2001.

Action: The Board adopted Resolution 00-R-16 awarding the bid for waterline installation to Park Construction of Cary at a bid price of $2,344,239.61, contingent upon the Town’s acquiring the necessary easements for the project.

Motion By: Sack

Second By: Dickson

Vote: Unanimous.

A copy of the bid tabulation is incorporated into these minutes as addendum pages. A copy of Resolution 00-R-16 is incorporated into these minutes as an addendum page.

7g. Parks and Recreation Committee –

Action: The Board approved a motion to authorize staff to advertise that the Town would be accepting applications from those interested in serving on a seven-member parks and recreation advisory committee.

Motion By: Atwell

Second By: Schifano

Vote: Unanimous.

7h. July 4 Meeting – There was some discussion, but no action was taken.

7i. Public Hearing Set – Mr. Self explained that Wake County evicted Holly Springs from its 10-Year Solid Waste Management Plan following the Town’s denial of approval of the plan. Consequently, Mr. Self said, the Town is having to prepare its own 10-Year Solid Waste Management Plan that must be filed with the State. Part of that process is to hold a public hearing on the document, and he asked that the Board set a public hearing for June 20, 2000.

Action: The Board approved a motion to set a public hearing date of June 20, 2000 to receive input on the Town’s 10-Year Solid Waste Management Plan.

Motion By: Sack

Second By: Womble

Vote: Unanimous.

8. Public Comment – At this time, a 15-minute time period was provided for members of the public to address the Board on any variety of issues. The following speakers addressed the Board:

Glenn Myrto, 408 W. Ballentine St. -- Mr. Myrto said he felt the Town’s 10-year Comprehensive Growth Plan might need a review every once in a while as the Town continues to develop. He reminded the Board that it had previously approved the installation of stop signs and a cross walk on Elm Street in the Oaks of Avent Acres. He reported that the stop signs have been erected, but that the cross walk is not there. He said he would hope that the cross walk will be connected to the paved greenway of Ballenridge as staff recommends.

9. Other Business:

9a. Chamber of Commerce –

Action: The Board, at Mayor Holleman’s suggestion, appointed Jennifer Carr to represent the Town on the Chamber of Commerce Board of Directors.

Motion By: Sack

Second By: Dickson

Vote: Unanimous.

At this time, the Board approved a motion to recess for a few minutes before reconvening in Closed Session to discuss a number of legal maneuvers with the Town Attorney.

Motion By: Womble

Second By: Schifano

Vote: Unanimous.

11. Closed Session – Only one action was taken during the Closed Session.

Action: The Board approved a motion to excuse Commissioner Atwell from the meeting as he had an emergency call from his home.

Motion By: Dickson

Second By: Sack

Vote: Unanimous.

General Account of Closed Session June 6, 2000

The Town Attorney updated the Board on the status of litigation involving local businessman Don Davis.

The Town Attorney updated the Board on the status of Wake County’s suit against the Town in which the County claims it is entitled to either court-forced compliance or the reimbursement of funds that were considered forgiven debt in years past. The Board provided direction to the Town Attorney.

No action taken.

– End of General Account

Commissioner Sack moved that the Board reenter Open Session. Commissioner Womble seconded the motion, which carried unanimously.

Mayor Holleman reported in Open Session that no action was taken in Closed Session.

12. Adjournment – There being no further business for the evening, the June 6, 2000 regular meeting of the Holly Springs Board of Commissioners was adjourned at 10:35 p.m. following a motion by Commissioner Womble, a second by Commissioner Sack and a unanimous vote.

Respectfully Submitted on Aug. 1, 2000,

_________________________________

Joni Smith Powell, CMC

Town Clerk

Addendum pages, as referenced in these minutes, follow and are hereby made a part of the official record.