Town of Holly Springs

Board of Commissioners Regular Meeting

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, Jan. 4, 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 7:39 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.

Board Member Absent: None.

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 and Patt Crissmon, interim director of planning.

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 Jan. 4, 2000 meeting agenda be adopted with the changes, if any, as listed below. Commissioner Dickson seconded the motion, which carried unanimously.

Items Added: None.

Consent Items Moved: None.

Other: Item 5, Consideration of Rezoning Petition 99-R-16 requesting R-10 zoning classification for property on Holly Springs Road, was moved to follow Item 6e under New Business.

6a. Planning Board Resignations – Mr. Self reported that Richard Gallo had resigned from the Holly Springs Planning Board, and that Kevin Romanchok had resigned from the Holly Springs Board of Adjustments. Mr. Gallo’s term expires on Dec. 31, 2001 on the Planning Board, and a citizen would need to be appointed to fulfill the unexpired term, he explained.

Mr. Romanchok’s term on the Board of Adjustments would not need to be filled. The reason is explained later in these minutes.

Action: Commissioner Dickson moved that the Board accept the resignations of these two citizen board members. Commissioner Atwell seconded the motion, which carried unanimously.

6b. Planning Board Member – Mr. Self reported to the Board that a member of the Planning Board, Bob Clark, had missed the last three consecutive meetings of the Holly Springs Planning Board. He explained that the Town Code provides for the Board of Commissioners to terminate the membership of a Planning Board member who misses three consecutive meetings. Mr. Clark’s term expires on Dec. 31, 2001.

Action: Commissioner Dickson moved that Planning Board member Bob Clark be removed from the Holly Springs Planning Board. Commissioner Sack seconded the motion, which carried unanimously.

6c. Planning Board Appointments – Mr. Self explained that with the resignation of Mr. Gallo and the removal of Mr. Clark, there were two vacancies on the Planning Board that needed to be filled from citizen applicants. Both terms are scheduled to expire Dec. 31, 2001.

Mayor Holleman asked for nominations.

Action: Commissioner Dickson nominated Chet Van Fossen, a Board of Adjustment member who had asked to be reassigned to the Planning Board, and applicant Glenn Myrto. Commissioner Sack seconded the motion.

Mayor Holleman asked if there were any other nominations. There were none, and the mayor called for a vote on the nominations on the table.

Vote: The motion to appoint Chet Van Fossen and Glenn Myrto to serve the unexpired terms ending Dec. 31, 2001 on the Holly Springs Planning Board carried unanimously.

6d. Board of Adjustments – Mr. Self explained that the current membership structure of the Holly Springs Board of Adjustments is at odds with the Town Code. The membership has evolved into eight (8) regular members, one (1) of whom is a resident of the town’s extraterritorial jurisdiction, and one (1) alternate, who is an in-town resident.

The Town Code, instead, stipulates that the regular membership of the Board of Adjustment will be five (5), one of whom is a resident of the ETJ, and three (3) alternates, one of whom is a resident of the ETJ.

Mr. Self explained that the Board of Commissioners could either amend the Town Code to reflect the current membership structure of the Board of Adjustment, or it could reconfigure the membership to reflect the existing Town Code. The Town Manager pointed out that the structure described in the Town Code would be more effective than the eight-member board that has evolved.

Mr. Self explained that to change the Town Code to reflect the current membership, an ordinance amendment would need to be initiated.

He said to change the Board of Adjustment membership to reflect the Town Code, all that would be needed would be adjustments to the current membership roster.

Commissioner Sack said he felt that the Town should change the membership roster to reflect the Town Code. He said the five-member board would be more manageable and best for making decisions according to the four-fifths rule that applies to Board of Adjustment decisions.

After discussion, Mayor Holleman gauged the consensus of the Board and determined that commissioners were in agreement to change the roster of the Board of Adjustment to be in compliance with the Town Code; that is, five regular members, one of whom is a resident of the ETJ; and three alternates, one of whom is a resident of the ETJ.

Changes to the Board of Adjustment membership that would be needed to be in compliance with Town Code: remove three in-town members; and appoint two in-town alternates and one ETJ alternate.

The resignation of in-town member Kevin Romanchock in Item No. 6a and the reassignment of in-town member Chet Van Fossen to the Planning Board in Item No. 6c reduces the number of in-town members to be removed from three to one.

In preparation of this discussion, staff provided Board of Adjustment meeting attendance records to the Board of Commissioners with the suggestion that the member with the most number of consecutive absences be considered for possible removal or reassignment to one of the in-town alternate positions.

The Town Code provides for the removal of Board of Adjustment members for "excessive absences."

According to the attendance records, member Debra A. Collins had missed the last three consecutive scheduled meetings of the Board of Adjustment and one make-up meeting, for a total of four consecutive meetings.

At this time, Commissioner Womble said he wanted to hear why Miss Collins had missed BOA meetings.

Miss Collins said she wanted to address the Board regarding the four consecutive absences. She said she did not feel she was given adequate opportunity to respond to a voice mail message she received regarding the make-up meeting scheduled for Dec. 21. She said that her absence on that date should be considered an excused absence.

Commissioner Sack pointed out that Miss Collins was absent on Dec. 14 as well as other regularly scheduled meetings during the past few months.

Commissioner Schifano added that staff and applicants were all held up because no quorum could be reached on Dec. 14, necessitating the Dec. 21 make-up meeting, which she also did not attend.

Miss Collins did not address any previous absences, only the Dec. 21 make-up meeting. She maintained that she was not adequately advised of the make-up date.

Miss Collins said she also was distressed that she was being considered for removal from the BOA without having been given warning that her attendance was not adequate. She said she felt that the Town should have notified her by letter prior to placing her potential removal on a meeting agenda of the Board of Commissioners.

Commissioner Womble asked if Miss Collins would consider being an alternate. She said she would consider it but would rather be a regular member.

Commissioner Dickson said he felt BOA members should be citizens who will attend meetings regularly. He pointed out that Miss Collins had attended only three out of eight meetings during the year, and he said he felt that hers was not a strong attendance record.

Commissioner Sack agreed. He added that he understands Miss Collins feels strongly about staying on the Board of Adjustment, but the Board of Commissioners needs to reduce the number of regular members on the BOA roster, and Miss Collins could be considered for an alternate in-town position.

Commissioner Atwell suggested to make Commissioner Sack’s suggestion in the form of two separate motions, and the Board agreed.

Action #1: Commissioner Atwell moved that Debra Collins be removed from the Holly Springs Board of Adjustment as a regular member, in-town for cause, that cause being excessive absences. Commissioner Dickson seconded the motion, which carried 4-1. Commissioners Sack, Schifano, Atwell and Dickson voted for. Commissioner Womble voted against.

With this action, the Board of Adjustment regular membership was adequately adjusted to reflect the Town Code with five regular members remaining, one of whom is a resident of the ETJ. The Board of Adjustment membership roster now includes in-town members: Ernestine Corbin, James E. Cobb, Jean G. Orelien and Cynthia Gibbons; and ETJ member Wallace Ponder.

The next issue before the Board of Commissioners was the appointment of citizens to serve as two in-town alternates and one ETJ alternate to the BOA. There were no applicants received from ETJ residents interested in serving on Town advisory boards. The Board directed staff to advertise the opportunity and accept applications from ETJ residents for future consideration. In the meantime, current applications would be considered for the filling of the two in-town alternate seats.

Action #2: Commissioner Womble moved to appoint Debra Collins to fill a vacancy on the alternate member roster of the Board of Adjustment, in-town. Commissioner Sack seconded the motion.

In discussion, Commissioner Schifano said he would have been inclined to agree with the nomination earlier in the meeting; however, he was disturbed by some of the allegations made by Miss Collins during her presentation when she used the term "totalitarian" in describing the Board. He said the Board was simply complying with law, and he was offended by the accusation that the Board was doing anything other than its duty. With that, he said, he could not support her nomination as an alternate member.

Vote: The motion to nominate Debra Collins to the Board of Adjustments as an in-town alternate did not carry following a 3-2 vote. Commissioners Sack and Womble voted for the motion. Commissioners Schifano, Atwell and Dickson voted against.

Action #3: Commissioner Dickson nominated applicant Lesli Doares. Commissioner Schifano nominated applicant Mark Fowle. Commissoiner Womble nominated John McNeil, who was not an applicant. Mr. McNeil declined the nomination from the audience. Commissioner Atwell nominated Pat Anderson. Commissioner Womble nominated Jerry Franks, who also was not an applicant, and who also declined the nomination from his seat in the audience.

With the three nominations, Mayor Holleman asked if there were any other nominations for the position of in-town alternate member on the Board of Adjustments. There were none. Mayor Holleman called for a vote, asking commissioners to signify their votes for each nominee by raising his hand.

Vote: Lesli Doares received five votes. Mark Fowle received zero votes. Pat Anderson received five votes. Lesli Doares and Pat Anderson, then, were appointed to serve in the alternate in-town positions on the Board of Adjustments.

At this time, Commissioner Dickson suggested that the word "consecutive" be removed from the ordinance regarding Planning Board attendance. He added that the ordinance regarding Board of Adjustment attendance be amended as well, resulting in stricter attendance policies. He said the current ordinance was not strict enough and did not encourage regular attendance of members.

Action #4: Commissioner Dickson moved that ordinance amendments be drafted to remove the word "consecutive" from the phrase "consecutive absences" in regard to attendance of the Planning Board and Board of Adjustment members. Commissioner Schifano seconded the motion with the understanding stated that he was seconding that an ordinance amendment be brought back to the board for further consideration and that he was not seconding a motion to actually make the change.

In discussion, Commissioner Sack said the Board should use caution in considering a change to the ordinance because while three consecutive absences may be considered excessive, three absences over the course of 12 months may not be.

Commissioner Dickson said he would agree if it were not for the fact that the Planning Board meets on the same evening of every month. He said he felt BOA members should plan their work and personal schedules around the second Tuesday evening of each month and Planning Board members around the fourth Tuesday of each month.

Commissioner Sack reminded Board members that positions on the Planning Board and Board of Adjustment are volunteer positions and that the current ordinance, if enforced, is probably adequate to guarantee regular attendance.

Vote: On the motion to bring to the Board proposed ordinance amendments to change the attendance requirements of the Planning Board and Board of Adjustment, the motion carried, 3-2. Commissioners Schifano, Atwell and Dickson voted for. Commissioners Sack and Womble voted against.

At this time, Planning Board member Laverne Cofield addressed the Board. She said she was dedicated to the Planning Board, but there are times when being absent is unavoidable. She thanked Commissioner Sack for reminding the Board that members of the BOA and PB are volunteers, who receive no compensation for their service. She added that she did not feel that missing one, two or even three meetings over the course of a year was excessive, especially if the absences were excusable. She pointed out that those citizens who serve on Town support boards are usually active citizens who also are involved in other community services and activities. She said sometimes those activities pose scheduling conflicts.

Mrs. Cofield’s membership on the Planning Board initially was scheduled on the agenda for consideration for termination due to three consecutive absences; however, this was done in error. She said she was distressed to learn about it without having been notified in advance of the meeting, even though it was an error. She suggested that the Town Planning Department issue reminder or warning letters to members of both boards when absenteeism was getting to the point of excessiveness. She said if there had really been a problem with her attendance record, she would not have wanted to have learned about it at a public meeting without benefit of advance notice.

Mr. Self said he would instruct the Planning Department to follow up with absent board members with letters or post cards after each meeting.

6e. Discussion of Manufactured Homes – Mrs. Patt Crissmon, the Town’s interim planning director, addressed the Board to clarify the issue of Manufactured Homes and Modular Homes as they relate to R-10 and other zoning districts in Holly Springs.

She explained that manufactured homes are commonly called mobile homes or trailers and are constructed to Housing and Urban Development standards. Manufactured homes are inspected in-house by the manufacturer.

Modular homes, she explained, are constructed to the NC Uniform Residential Building Code for One and Two-Family Dwellings and are, by state law, permitted in any zoning district that allows site-built homes. Modular homes, she said, are delivered in one or more separate components and then assembled on site. Modular homes are inspected in the factory by independent inspectors.

She explained that manufactured homes in Holly Springs are allowed on individual lots in an R-10 zone with issuance of a Conditional Use Permit by the Board of Adjustment.

She said that there exists an R-10MH (R-10 Mobile Home) zoning district in the Holly Springs list of zoning districts. This zoning designation is for larger tracts proposed for mobile home park development; however, there is no property in Holly Springs currently zoned R-10MH.

There was some discussion. Some of the Board members suggested that the Town examine the current regulations regarding issuance of Conditional Use Permits for mobile homes, in the interest of making sure that the conditions that must be met are adequate to protect the Town from the proliferation of mobile homes in R-10 zones, especially along entrance thoroughfares.

That direction was given as a possible planning retreat topic. No action was taken.

6f. Rezoning Petition 99-R-16 -- The public hearing for this rezoning petition was held on Dec. 14. At that time, no comments were made for or against the petition. The Board tabled action on the request until more information on modular and manufactured homes was provided, as they relate to straight R-10 zoning.

Action: Commissioner Schifano moved that Rezoning Petition 99-R-16 requesting R-10 zoning for 13. 917 acres of land located on Holly Springs Road be approved. Commissioner Sack seconded the motion, which carried unanimously.

7. Consent Agenda – At this time, Mr. Bradley asked Item 7c be briefly discussed before action is taken on the Consent Agenda. He asked the Board’s indulgence as he would like to continue to work with the developer to get the Town to have the option of requiring a fee-in-lieu of dedication of park land on the Braxton Village preliminary site plan.

Mr. Self suggested that the Board approve the preliminary site plan for Braxton Village, contingent upon the Town’s reaching a satisfactory agreement with the developer regarding park land or payment-in-lieu of park land dedication.

Action: Commissioner Womble moved that all items on the Consent Agenda be approved and that the approval of the preliminary site plan for Braxton Village on Item 7c of the Consent Agenda be contingent upon the Town’s reaching a satisfactory agreement with the developer regarding park land dedication or payment-in-lieu of dedication. Commissioner Atwell seconded the motion, which carried unanimously, affecting the following actions:

7a. Public Hearing Date – A public hearing date of Jan. 18, 2000 was set to receive input on a proposed erosion control ordinance; and to receive sworn testimony regarding a Special Use Permit (99-SUP-11) for proposed townhomes on Bass Lake Road.

7b. Holly Glen Phase 8 – The preliminary site plan for Holly Glen Phase 8 was approved.

7c. Braxton Village – The preliminary site plan for Braxton Village was approved, subject to the developer’s reaching terms with the Town’s Parks and Recreation Department regarding parkland or payment-in-lieu of dedication.

8. Public Comment: At this time, members of the public were given a 15-minute opportunity to address the Board on any variety of topics. The following citizen(s) were heard:

8a. George Hamzik, 5112 Salinas Ct. – Mr. Hamzik said the townspeople of Holly Springs are expecting quarterly reports on the status of the proposed South Wake Landfill; however, no reports have been given.

He pointed out that Sunset Ridge subdivision has two closed-down landfills bordering it. He said old landfills are not subject to the same inspection and regulations that more modern facilities are. He reported that if a request is made, however, an environmental impact study will be conducted and reported to the community. He requested that the Board ask DENHR to complete environmental reports on these landfills and to report to the community as to what is being discharged.

Mr. Hamzik also addressed the Board on terms of office. He said the Board is currently structured by officials elected to 4-year staggered terms. He said as the Town grows, the Town needs to look at this and determine whether or not this is best for the community.

He suggested that the mayor’s election be held on the year when two of the five board members are elected, rather than on the year when three of the five are elected. He suggested that the mayor’s term remain at four years.

He also suggested that the town commissioners’ terms be changed to two-year staggered terms, rather than 4-year terms. He said the result would be a more responsive governing body. He also suggested that the Town consider establishing voting districts.

At the end of Mr. Hamzik’s remarks, Commissioner Shifano responded to the question of quarterly reports on the South Wake Landfill. He recapped that an administrative law judge had ruled that North Carolina Department of Environment and Natural Resources had improperly issued a permit to Wake County for a sanitary landfill and that Wake County had not followed proper procedures in applying for the permit because it apparently attempted to circumvent state laws requiring the county to seek other possible sites for the facility over placing it in the vicinity of a predominantly minority neighborhood. The judge’s decision is then forwarded to the State Health Director, who has 90 days in which to review the case and agree with the administrative law judge’s decision or not.

Commissioner Schifano said that we are still within that 90-day response period and that he would keep citizens apprized of further developments as they occur.

9. Other Business – None.

10. Manager’s Report – Mr. Self then presented two items for the Board’s consideration:

10a. Mayor’s Salary – Mr. Self proposed that the Board set the mayor’s salary at $6,744 annually. He said the figure was in line with the salaries of mayors in North Carolina municipalities similar to Holly Springs and represents a 37% differential from the salaries of commissioners.

Action: Commissioner Womble moved that the mayor’s salary be set at $6,744 annually. Commissioner Sack seconded the motion, which carried unanimously.

10b. Retreat -- Mr. Self said he was making arrangements for a Board retreat in February. He collected dates from commissioners and said he would make final arrangements.

At this time, Laverne Cofield asked to address the Board regarding the Holly Springs Coalition for Youth and Families. She said the Coalition wishes to have the support of commissioners, the town manager and the parks and recreation department. She said she feels the Coalition has not received a firm commitment from the Town of any support that may be given to the group.

Mayor Holleman said he was not aware that the group has approached the Town for any type of support. He suggested that the Coalition for Youth and Families prepare a written request, outlining specific types of support it needs or desires of the Town and/or Town Board. He said the Coalition should submit these requests in writing to the Town Manager.

11. Closed Session -- None.

12. Adjournment – There being no further business for the evening, the Jan. 4, 2000 meeting of the Holly Springs Board of Commissioners was adjourned at 8:50 p.m. following a motion by Commissioner Womble, a second by Commissioner Atwell and a unanimous vote.

Respectfully Submitted on Tuesday, Feb. 1, 2000,

______________________________________

Joni Powell, CMC

Town Clerk