Town of Holly Springs
Board of Commissioners Regular Meeting
Tuesday, Jan. 16, 2001

MINUTES

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, Jan. 16, 2001 in the Town Board meeting chambers, located in Town Hall, 128 S. Main St. Appointed Mayor Parrish Womble presided, calling the meeting to order at 7:34 p.m. A quorum was established as the appointed mayor and four board members were present as the meeting opened.

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

Board Members Absent: None. There is a vacancy on the board.

Staff Members Present: Ernest C. Pearson, town attorney; Joni Powell, town clerk (recording the minutes); Cecil Parker, chief of public safety; Gina Bobber, planning director; Len Bradley, director of parks and recreation; Drew Holland, interim finance officer; 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 Jan. 16, 2001 meeting agenda was adopted with changes, if any, as listed below.

Motion Made By: Dickson
Motion Seconded By: Atwell
Vote: Unanimous.
Items Added to Agenda: None.
Consent Agenda Items Moved to New Business: None.
Other Changes: Item No. 10, a report from the engineering department, was ordered to be rescheduled for a future meeting.

5a. Board Vacancy - The Board members discussed the logistics of selecting a new commissioner from the list of applicants.

Action: The Board approved a motion to allow Mayor Womble to have full participation and a vote in the process of appointing a new town commissioner since Mayor Womble has not yet taken the oath of office.
Motion By: Dickson
Second By: Sack
Vote: Unanimous

After a bit of discussion as to how to determine the best candidate for the position of commissioner, the Board decided to hear brief introductions from each of the candidates present at the meeting.

After introductions, the Board ranked the speakers and selected by ballot the top 10 of 19 candidates. Following, the Board ranked the 10 finalists on ballots. The top point-earner in the ballotting was Chet Van Fossen. It was determined that no further balloting was necessary since Mr. Van Fossen had earned enough points to represent a plurality of the members of the Board.

Action: The Board approved a motion to appoint Chet Van Fossen to the Board of Commissioners to fill the unexpired term of former Commissioner Parrish Womble.
Motion By: Sack
Second By: Atwell
Vote: Unanimous

5b. Oath of Office - At this time, the Oath of Office was administered by the Town Clerk to Mayor Womble and to Commissioner Van Fossen.
Copies of the signed oaths of office are incorporated into these minutes as addendum pages.

6a. Public Hearing: Cable Television Ordinance - Mr. Bob Sepe, the Town's cable television consultant, addressed the issue. He explained that the model ordinance before the Board for consideration is the result of more than three years of negotiating between the cable company and the Triangle J Council of Governments cable television franchise negotiating team. He reminded the Board that the company was hopeful the Board would consider amendments to the model franchise ordinance in return for financial and technical assistance in providing the Town with broadcast capabilities.

Mr. Sepe said he would recommend the model ordinance for adoption, with no amendments.

Commissioner Schifano said he was concerned about the build-out requirement language proposed by Time Warner / AOL. He asked Mr. Sepe for an estimate of how much it would be to equip the Board Room with cable television broadcast capability. Mr. Sepe estimated that it cost anywhere from between $75,000 and $102,000 for equipment.

Mr. Sepe warned that requiring all companies to build-out throughout Town would minimize the number of companies that would be willing to come into town and compete.

With that explanation completed, Mayor Womble opened the public hearing. The following comment was offered.

Alan Owen, Deacon Cable - Mr. Owen said he was opposed to any amendments to the model ordinance. He said he was concerned that a requirement for complete build-out would have prevented his company from locating in Holly Springs

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

6b. Public Hearing: Leslie Alford Mims House Landmark - Ms. Robin Pugh of Wake County Historic Preservation Commission provided the background of a request from the property owner to reduce the historic landmark boundary of the Leslie-Alford-Mims property. She explained that the applicant is requesting that the boundary be reduced from the entire Mims tract to the one acre on which on which stands the homeplace and monument.

Mrs. Pugh said that the Wake County Historical Commission determined that, although the request would reduce from the existing boundary, the one acre would still meet the criteria for landmark designation on its own. For that reason, she said, the WCHC recommends that the request be approved through adoption of an ordinance.

She summarized the impact of the change. She said the property owner would be required to pay up to three years in back taxes on the portion of property that is removed from the historic landmark boundary. She added that the 19 acres of reduction would require no design review requirements for development, but that there would be an extensive review process for the remaining one acre.

Ms. Bobber advised the Board that she has not had a chance to review the request and that she has some concerns.

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

Lynanne Fowle, 308 Holly Green Lane - Mrs. Fowle represented the Holly Springs Historical Society in her address. She told the Board that the property owner, who sits on the historic society, has assured her that the springs on the property and the family cemetery would not be disturbed with future development even if they are excluded from the boundary. She asked the Board to remain cognizant of the cemetery and springs when development occurs, if the boundary is reduced to exclude them.

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

7a. Ordinance 01-03, Leslie-Alford-Mims Historic Boundary - The Board approved a motion to defer action on this ordinance until Feb. 6 or when the Town's planning staff has had a chance to review the request and form a recommendation.

Motion By: Dickson
Second By: Schifano
Vote: Unanimous

7b. 00-COM-07: Omni Lot #5 - The Board approved a motion to recuse Commissioner VanFossen from discussion and vote on this matter, as he is architect for the project.

Motion By: Schifano
Second By: Sack
Vote: Unanimous

Commissioner VanFossen, speaking as architect for the project, explained that the plan represents the future home of Community Partners Charter High School.

Action: The Board approved a motion to approve the Site Plan/Zoning Permit for Omni Industrial Park Lot #5, with the conditions enumerated by staff in the action requested section of the agenda notes and that a flood study be conducted and that the elevations presented at the Board meeting as prepared by Chet Van Fossen, architect, for Lot 5 Omni Industrial Park and titled exterior elevations for the future home of the Community Partners Charter High School be included (in place of those included in the original submittal).
Motion By: Sack
Second By: Dickson
Vote: Unanimous

By consensus, the Board approved Commissioner VanFossen's return to the business meeting.

7c. OO-COM-11: Windcrest Commercial - Ms. Bobber explained that Glen Futrell, the project developer is requesting approval to construct a 6,300 square foot commercial building at the entrance to the future Windcrest Farms PUD, across from the northern entrance to Oakhall. Prior to any development occurring on this project, the property owner will be required to gain subdivision approval to subdivide the property, and dedicate the right-of-way for the proposed new public street along the south edge of this project and make other infrastructure improvements required when a property is subdivided, she said.

She reported that the Planning Board had reviewed the plan and recommended approval with conditions.

During discussion, Board members expressed concern about the orientation of the building and how the back of the building would face Hwy. 55 southbound traffic. Discussion also centered around the road paving requirements.

At this time, Commissioner Atwell asked to be excused from the meeting, and the Board approved a motion to do so.

Motion By: Schifano
Second By: Sack
Vote: Unanimous

After much discussion on topics of the street into the property and the appearance of the building, the following action was taken.
Action: The Board approved a motion to approve the Site Plan/Zoning Permit for Wyndcrest Commercial, 00-COM-11 as submitted by Tom Spaulding/ Spaulding & Norris, Project Number 185-20M, dated November 13, 2000 with the following conditions and satisfaction of staff review comments:

1. Increase the cross-section to a 35' back-to-back on a 60' ROW for a shorter distance but in an equivalent cost to the longer 27-foot curb and gutter section proposed. Staff also recommends a landscape island at the entrance. Please refer to Page 3-4 of the Engineering Design and Construction Standards. As previously stated, there are also approved PUD plans on file that show this roadway as a main collector. In addition, Town Standards clearly require this cross-section. Engineering staff recommendation of approval is contingent upon this change.
2. Per ordinance, a condition of plan approval of this site plan will be that a subdivision plan be submitted and approved. Note that right of way dedications and road widening will be required along the frontage of the entire original tract. The note in the NC55 detail that says improvements will be done with development of each section should be removed and may be re-considered at subdivision approval.
3. The original submittal of this site showed roadway and utility stubs extending all the way to the adjacent tract of land as per Town ordinances. The latest sets of plans do not show this. Per ordinance, the street stub/sidewalk must be constructed to the property line and the utilities must stub the property line. Please revise the plans accordingly, and in the future make sure that these types of plan amendments are listed on the required designer's certification that is required to be submitted with each revised plan in the process.
4. The exterior material of the dumpster enclosure is to be the same as the primary building material of the building (red brick).
5. Revise building elevations to provide a more attractive building and to increase the slope of the roof.
6. If existing vegetation is able to be maintained on site, the Director of Planning & Zoning may allow for a reduction in the planting requirements for the preservation of existing vegetation.
7. Details on who is to determine the scale, color, lettering, and location standards for the tenant signage and when is to be submitted to the Department of Planning & Zoning prior to issuance of Building Permit.
8. Construction Drawings must be submitted and all construction drawing related items must be addressed before construction can begin.

7d. Mims Towne Square - The Board approved a motion to approve the Architectural Elevations and Master Signage Plan as a part of the Zoning Permit for Mim's Towne Square, 00-COM-13 as submitted by Weeks Turner Architecture, Project Number 0024, dated Revised 10/02/00 with the following conditions:

1. Detailed colored construction drawings with elevation details, reveals, and building materials be submitted for further review.
2. If colors, building materials, or design change, the revised elevations are to be reviewed by the Planning Board and Town Board.
3. Details on the master signage plan are to be determined in coordination with the Director of Planning & Zoning prior to issuance of a building permit.
4. That side elevations be revised so that the facings on Main Street look like the front of a building and that architectural details be presented to the Planning Board and the Town Board.

7e. Holly Ridge Schools - Ms. Bobber explained that Wake County Public School System has submitted plans for a new school campus that will contain both an elementary school and a middle school. The campus will also provide for a variety of recreational fields that will be available to the Town's Parks and Recreation Department for additional program space. The Wake County School Board has approved the plans and is anticipating that the schools will open in Fall 2002. This school site will be one of the first sites in Holly Springs on which "re-use" water may be used.

Ms. Bobber reported that the Planning Board had reviewed the plan and recommended approval, contingent upon the plan's satisfying staff review comments and conditions.

Action: The Board approved a motion for Commissioner Atwell to return to the business meeting.
Motion By: Sack
Second By: Dickson
Vote: Unanimous

In discussion, Commissioner Atwell expressed a concern about the adequacy of a stacking lane on Holly Springs Road to handle the school-generated traffic.

Action: The Board approved a motion to approve the Site Plan/Zoning Permit for Holly Ridge Schools, 00-COM-16 as submitted by Donnie Parker, Wake County Public School System, stamp dated Received December 11, 2000 contingent upon the plan's satisfying outstanding staff review comments and conditions:

1. A joint use agreement is requested for some areas of campus that would require the addition of amenities to the school plan. (i.e., irrigation, athletic field lighting, security measures etc.)
2. Construction Drawings must be submitted and all construction drawing related items must be addressed before construction can begin.
3. The irrigation requirements, additional DOT Traffic Impact Analysis comments, and all site drainage related comments must be addressed at first submittal of construction drawings. It is imperative that staff have the irrigation requirements to move forward with "re-use" grant applications that it is pursuing on the Town's behalf.

7f. Triangle J Council of Governments - The Board approved a motion to appoint Commissioner VanFossen as the Town's alternate member to the Triangle J Council of Governments.

Motion By: Schifano
Second By: Atwell
Vote: Unanimous

7g. BFI Site Proposal - Don Mizelle of Spaulding and Norris and speaking on behalf of Hines Interests Limited Partnership, the developer of the Finisterra Planned Unit Development addressed the Board. Mr. Mizelle reminded the Board that late last year, BFI Holly Springs Disposal requested that the Town endorse its continued operation for a number of months in exchange for considerations, including the granting of the property to the Town for a future passive park at the end of the demolition landfill's lifespan. At that time, the Board did not agree to endorse the continued operation and declined the company's offer of surcharges and land. Members of the Board expressed, among other things, a concern for the Town's liability due to the property's history.

Mr. Mizelle explained that a similar proposal, but with a few key changes, is now being revived for the Board's consideration. He said the developer of Finisterra PUD hopes that the construction and demolition landfill would remain in operation through much of its site development. Additionally, the development company is concerned about the closing of the site and the effect the abandoned property would have on its neighboring PUD. The company also desires to purchase an undisturbed portion of the BFI site along the property's western edge to accommodate one of the development's planned 27 golf holes.

To that end, Mr. Mizelle said, the Hines company is offering to shoulder the responsibility and cost of leasing the closed site for 40 years in order to be able to maintain it in a fashion that would complement the Finisterra project. The company, however, would like to see the construction and demolition landfill remain in general operation until March 31, 2002 and then through Dec. 31, 2002 to accept only material from the Finisterra Development.

The same proposal presented by BFI to the Town late last year would apply: no cost yard waste disposal for the Town; enforcement assistance for litter laws; a surcharge on all loads that come to the landfill uncovered; assistance in keeping New Hill Road clean; and BFI, upon request by the Town, will consider a Host Fee to the Town of Holly Springs on volumes that are received at the landfill during the terms of the agreement.

Mr. Mizelle said if the Town Board would agree to the proposal, the Hines company would lease the landfill site upon its closing for 40 years and care for the site so that it does not become an eyesore.

Commissioner Sack said he felt the proposal on the table would be good for all parties involved.

Commissioner Dickson said he wanted to see renderings of what the site would look like under maintenance of the Hines company. He also said he wanted a good idea of how much funding would be provided to the Town through the host fee.

The Town Attorney advised that the Board could approve the proposal in principle and then work out an exact bottom line per ton host fee dollar amount and a request for renderings in a host fee agreement.

Action: : A motion was made to approve the proposal of Hines Interests Limited Partnership and BFI Holly Springs Disposal in principle and that a relative agreement be negotiated consistent with points offered by BFI and Hines and consistent with discussions of the Board.
Motion By: Sack
Second By: Van Fossen

During discussion, Commissioner Atwell asked if the eastern access road planned for Finisterra would be cut through the middle of the BFI property. Mr. Mizelle explained that the road is planned to run along the northern edge of the property as it curves to the east and south.

Commissioner Atwell asked if assurances would be made that landscaped buffering would be provided for the entire perimeter of the property. The developer explained that landscaping in keeping with Finisterra would be provided along the Old Apex Road fence of the northern and eastern property lines only. The west side of the property, he said, would be taken up by the golf hole, and the south side is bounded by a 50-foot natural buffer

Commissioner Atwell said he was happy to see the proposal before the Town again in this format.

Commissioners then advised the Town Attorney that it would expect emphasis placed in the lease agreement that would prohibit Hines company from using the property as a landfilling operation and that the term of the lease be for no less than 40 years.
Vote: Unanimous
A copy of the BFI/Hines proposal is incorporated into these minutes as addendum pages.

8a. Cable Television Public Hearing- This item was handled earlier in the agenda

8b. Personnel Policy - The Board approved a motion to defer action on this agenda item until commissioners have had a chance to study the draft more thoroughly.

Motion By: Sack
Second By: Atwell
Vote: Unanimous

9a. Consent Agenda - All items on the Consent Agenda were approved following a motion by Commissioner Sack, a second by Commissioner Atwell and a unanimous vote. The following actions were affected:

9a. Budget Amendment - A budget amendment to the Bass Lake Capital Project Ordinance to accept and assign $1,040,000 in grant funds awarded the Town from the Clean Water Management Trust Fund for the reconstruction of Bass Lake was adopted. A copy of this budget amendment is incorporated into these minutes as an addendum page.

9b. Budget Amendment - A budget amendment to the Bass Lake Capital Project Ordinance to accept and assign $50,000 in grant funds awarded the Town from the North Carolina Division of Water Resources for the construction of pedestrian trails, boardwalks and fishing piers at Bass Lake was adopted. A copy of this budget amendment is incorporated into these minutes as an addendum page.

9c. Town Manager -- Section 12 of the Town Manager's employment agreement, accepting the resignation of Mr. Richard Self and granting severence, was activated.

10. Engineering Department Report - This item is to be rescheduled.

11. Public Comments - At this time, a 15- minutes period was set aside for those in the audience to address the Board on any variety of topics not on the night's agenda. The following comment was offered.

Mr. Don Baxter, Bahama Ct. - Mr. Baxter asked the Board what would happen to the public parking lot surrounding Town Hall if the Town were to sell its current Town Hall property. Commissioners advised the public parking area would remain or other parking would be provided.

Mr. Baxter explained that he is looking into leasing space in the Mims Town Square building, but he is concerned that there may not be enough parking for his intended use, especially if the Town Hall building is sold.

12. Other Business - In other business, Mrs. Sudano briefed the Board on word received from Harnett County regarding the water line project. She said she would present the contract at the Board's next meeting but wanted to make them aware of it tonight.

She also briefed the Board of word received from the State Department of Environment and Natural Resources regarding the Town's application for a wastewater treatment plant expansion.

Mayor Womble asked Mrs. Sudano to provide firm cost estimates for the paving of Estes Drive so that the project can be expedited.

Mr. Holland explained to the Board that he intended to contract with former Town Finance Officer John Ellis for some bond consulting work.

13. Manager's Reports - None.

14. Closed Session - Mayor Womble said he would like for the Board to enter Closed Session for the purpose of discussing a personnel matter relating to the Town Manager's position. Commissioner Dickson moved that the Board enter Closed Session to discuss the qualifications of candidates to fill the position on an interim basis. Commissioner Atwell seconded the motion, which carried unanimously.

Upon returning to Open Session, the Board, by acclamation appointed Ricky Blackmon, Holly Springs Director of Building Code Enforcement, to the position of Interim Town Manager and authorized a salary supplement equal to the salary difference between Mr. Blackmon's current salary and that of the former Town Manager during the time Mr. Blackmon serves in this capacity.

15. Adjournment There being no further business for the evening, the Holly Springs Town Board of Commissioners meeting of Jan. 16, 2001 was adjourned following a motion by Commissioner Schifano, a second by Commissioner Sack and a unanimous vote.

Respectfully Submitted on April 3, 2001,