12/4/01 Meeting Minutes, Town of Holly Springs

5a. Public Hearing: 01-REZ-10 and Ordinance A01-07 - Ms. Bobber advised the Board that the Town has received a petition requesting to annex and to rezone property containing 35.4 acres. Since this property is not within the Town’s Extraterritorial Jurisdiction (ETJ), the applicant is required to submit a request to set the zoning of the property in conjunction with the annexation petition, Ms. Bobber explained.

Ms. Bobber said the properties are currently zoned Wake County R‑30: Residential, and the applicant is requesting that the properties be zoned Holly Springs R‑MF: Multi‑Family Residential upon annexation of the property into the Town’s corporate limits. The subject property is located in the southwest corner of Ness Drive and Kildaire Farm Road and is partially within the Community Activity Center (CAC) that is centered on the future intersection of the Outer Loop Expressway and Kildaire Farm Road. As an “edge” property to a CAC, the proposed multi‑family residential zoning would be in keeping with the intent of the activity node, Ms. Bobber reported.

Ms. Bobber advised the Board that it should accept public comment on the proposed rezoning and then consider approval of Annexation Ordinance A01-07 before consideration of Rezoning Petition 01‑REZ‑10 to set the zoning of 35.4 acres from Wake County R‑30: Residential to Holly Springs R‑MF: Multi‑Family Residential District as requested by Robert D. Swain of Polk‑Sullivan, LLC.

Ms. Bobber reported that the Planning Board had reviewed the petition and recommends approval of the rezoning.

With that explanation completed, Mayor Womble opened the public hearing to accept

public comments. The following comments were received: None.

There being no comments, the public hearing was closed.

Action #1: The Board approved a motion to adopt Annexation Ordinance A01-07 taking in 35.4 acres located in the southwest corner of Ness Drive and Kildaire Farm Road into the corporate limits.

Motion By: Dickson

Second By: Schifano

Vote: Unanimous

A copy of Annexation Ordinance A01-07 is incorporated into these minutes as addendum pages.

Action #2: The Board approved a motion to approve rezoning petition 01-REZ-10 to set the zoning of 35.4 acres from Wake County R‑30: Residential to Holly Springs R‑MF: Multi‑Family Residential District as requested by Robert D. Swain of Polk‑Sullivan, LLC.

Motion By: Sack

Second By: Atwell

Vote: Unanimous

6. 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:

6a. Resolution 01-R-28 - Resolution 01‑R‑28 declaring the Town’s intent to annex 24.100 acres located behind Holly Springs Elementary School and setting the public hearing date for Dec. 18, 2001 was adopted.

A copy of Resolution 01-R-28 is incorporated into these minutes as addendum pages.

6b.Resolution 01-R-34 - Resolution 01‑R‑34 establishing authorized signatories on accounts of the Town of Holly Springs was adopted. A copy of Resolution 01-R-34 is incorporated into these minutes as addendum pages.

6c. Resolution 01-R-35 - Resolution 01‑R‑35 declaring the Town’s intent to close Wastewater Treatment Plant Road and scheduling a public hearing on the question for Jan. 15, 2002 was adopted. A copy of Resolution 01-R-35 is incorporated into these minutes as addendum pages.

6d. Minutes - Minutes of the Board’s regular meetings held on Nov. 6 and Nov. 20, 2001 and of a Special Meeting held on Nov. 13, 2001 were approved.

6e. NCDOT Landscape Agreement - The Board approved a landscape agreement with NCDOT for receiving approximately $74,000 in grant funds for landscaping along the NC 55 Bypass. A copy of the NCDOT Landscape Agreement is incorporated into these minutes as addendum pages.

6f. 01-MAS-08 Autumn Park PUD Subdivision, Phases 1-3 - The Board approved 01‑MAS‑08 Autumn Park PUD Subdivision Phases 1‑3 as recommended by the Planning Board.

6g. Arbor Creek, Lot 179B, 01-COM-14 - The Board approved Zoning Permit 01‑COM‑14 Arbor Creek Lot 179B as recommended by the Planning Board.

6h. Holly Springs Road Widening - The Board authorized the funding for the widening of a portion of Holly Springs Road at a total estimated project cost of $104,333. A budget ordinance amendment will be prepared for consideration on Dec. 18.

6i. Flood Study - The Board approved a professional engineering services proposal for a flood study in the area of Sunset Ridge Phase 11 and Holly Ridge schools. A copy of the proposal is incorporated into these minutes as addendum pages

6j. Resolution 01-R-36 - The Board adopted Resolution 01‑R‑36 to condemn the remaining well abandonments for the Fair Share project area. A copy of the Resolution 01-R-36 is incorporated into these minutes as addendum pages

6k. Holly Springs Road Intersection Improvement - The Board approved a proposal from CH Engineering for preliminary functional design of Holly Springs Road intersection improvements. A copy of the CH Engineering proposal is incorporated into these minutes as addendum pages

7. Unfinished Business: Second Reading of BFI Franchise – Mr. Dean explained that the Board is to hold the second reading of a franchise ordinance reflecting an amendment to the existing franchise agreement with BFI. The amendment is for an extension of four months in the term of the agreement, extending the term to April 2003.

Mr. Dean stated in return for the four‑month extension, BFI agrees to increase the existing $2 per ton tipping fee to $2.50 during the year 2002 and to $3.50 a ton beginning January 2003 through to the April 2003 closing. The change also would allow for free Town yardwaste disposal and disposal of debris generated by the demolition of town hall.

Action #1: The Board approved a motion to hold a second reading of the proposed franchise ordinance / agreement with BFI.

Motion By: Schifano

Second By: Sack

Vote: unanimous

Action #2: The Mayor held a second reading: “An Ordinance to amend a nonexclusive Franchise to BFI Waste Systems of North America, Inc., a Delaware corporation (hereinafter referred to as the “Grantee”) to own, operate and maintain a construction and demolition landfill (the “Landfill”), as defined herein, setting forth conditions accompanying the grant of Franchise, providing for the regulation and use of the Landfill, and defining the term and the effective date thereof,” and the Board approved a motion to approve the second reading of Ordinance 01-17, an ordinance to amend the franchise agreement and grant of franchise:

Motion By: Sack

Second By: VanFossen

Vote: Unanimous

A copy of Ordinance 01-17 and franchise agreement is incorporated into these minutes as addendum pages.

Action: The Board approved a motion to adjust the meeting agenda to allow items listed later on the agenda to be heard at this time in order to use time until the arrival of North Carolina Secretary of State Elaine Marshall, who was scheduled to be a special guest.

Motion By: Dickson

Second By: Sack

Vote: Unanimous

10. Public Comment – Mr. Bill Pinkus of Pinkus Construction Company addressed the Board with news that his company is working with partners to build a new home in the Holly Glen subdivision that will be used to benefit the Duke Children’s Miracle Network.

He explained the program and what he envisions will occur in the next few months as the home goes into construction.

He asked that the Town consider waiving permit fees on the house so that more profit could be put toward the benefit of the Children’s Miracle Network. He also asked for permission for the erection of a banner advertising the Miracle House.

Commissioner Schifano asked if the Town Board were to direct the manager to oblige these requests, would the financial books of the project be open to public inspection.

Mr. Pinkus said yes.

Action: No action was taken, but the Board agreed that it would be supportive of assisting the project in any way it could.

At this time, 7:20 p.m., Secretary of State Marshall arrived.

Action: The Board approved a motion to return to the agenda, picking up at the Organizational meeting.

Motion By: Dickson

Second By: Atwell

Vote: Unanimous

8a. Recognition of Retiring Members – Mr. Dean presented retiring Commissioner Tim Sack with a commemorative award for his four years of service on the Board of Commissioners. Following, Mr. Dean recognized retiring Mayor Parrish Womble with an award marking his 20 years of service with the Town, first as a commissioner and then as mayor. Both Commissioner Sack and Mayor Womble offered words of appreciation and parting remarks.

8b. Oath of Office, Mayor – After introductory remarks, Secretary of State Elaine Marshall administered the oath of office to incoming Mayor Richard “Dick” G. Sears. A copy of this oath is incorporated into these minutes as an addendum page.

8c. Oath of Office, Commissioners – Secretary Marshall administered the oath of office to new and returning Commissioners Hank Dickson, Steve Tedder and Chet VanFossen. A copy of these oaths are incorporated into these minutes as addendum pages.

8d. Mayor Pro Tem – The Board approved a motion to name by acclamation Commissioner Dickson as mayor pro tem.

Motion By: Schifano

Second By: Atwell

Vote: Unanimous

At this time, the Board recessed in order to visit with Secretary Marshall and to pose for photographs. The meeting resumed at about 8 p.m. A new quorum was established as the newly-formed Board convened under the chairmanship of Mayor Sears.

Board Members Present: Commissioners Steve Tedder, John Schifano, Chet VanFossen, Peter Atwell and Hank Dickson and Mayor Dick Sears.

Board Members Absent: None.

9a. 2002 Calendar Town Board Regular Meetings - Mayor Dickson explained that the first order of business under New Business was adoption of the Board’s annual regular meeting schedule: 7:45 p.m. the first and third Tuesday of each month with the exception of Tuesday, Jan. 1, 2002, which will be canceled due to the New Year holiday.

Action: The Town Board approved a motion to approve the calendar year 2002 schedule of regular Town Board meetings as presented.

Motion By: Dickson

Second By: VanFossen

Vote: Unanimous

9b. Transportation Advisory Committee appointments and reappointments. Mayor Sears explained that retiring Commissioner Sack had represented Holly Springs on the TAC since May 2001. Currently, Commissioner VanFossen serves as the alternate, he added. Mayor Sears said he was willing to serve as the full‑time representative.

Action: The Town Board approved a motion to appoint Mayor Sears as a full-time representative and to reappoint Commissioner VanFossen to serve as the alternate to the Transportation Advisory Committee.

Motion By: Schifano

Second By: VanFossen

Vote: Unanimous

9c. Wake County Growth Task Force Appointments and Reappointments - Mayor Sears explained that Commissioner Sack and Commissioner Schifano have represented Holly Springs on the Wake County Task Force on Growth. Currently, Commissioner Dickson serves as the alternate.

Action: The Town Board approved a motion to appoint Commissioner Dickson as a full-time representative along with Commissioner Schifano and Commissioner Tedder as the alternate to the Wake County Growth Task Force.

Motion By: Atwell

Second By: Schifano

Vote: Unanimous

At this time, Commissioner VanFossen explained that he serves as the Town’s representative on a task force studying countywide watershed management. He suggested that the Board replace him on this committee with Commissioner Tedder, who is more knowledgeable of the subject matter.

Action: The Board approved a motion to appoint Commissioner Tedder to represent Holly Springs on the Wake County Watershed Management Task Force.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

At this time, Commissioner Dickson suggested that he be removed from the Triangle J Council of Governments board and replaced with Commissioner VanFossen, the current alternate.

Action: The Board approved a motion to appoint Commissioner VanFossen to the Triangle J Council of Governments board to represent Holly Springs.

Motion By: Dickson

Second By: Atwell

Vote: Unanimous

The above action results now in a vacancy to the Town’s alternate position on the Triangle J Council of Governments.

Action: The Board approved a motion to appoint Mayor Sears as the Town’s alternate member on the Triangle J Council of Governments board.

Motion By: Dickson

Second By: Atwell

Vote: Unanimous

9d. Citizens Advisory Committee on Education Endorsement - Ms. Debi Carlton addressed the Board, explaining that at the Board's Nov. 20 meeting, she introduced the idea of a local citizens committee on education.

She explained that she envisions the committee’s focus on the educational infrastructure and work in a relationship with Wake County. She said she saw the committee as a separate entity from the town, but she said she would like the Town Board’s endorsement and recognition of the committee as an advisory group. She said she hoped the committee would not just be a group that would address the current issue of student assignments within Wake County Public Schools but that it would evolve into a permanent citizens committee that would work with the Holly Springs Coalition of Youth and Families (now known as ABCs).

Mayor Sears volunteered to be a conduit between the committee and the Town Board.

Commissioner Dickson clarified that he felt the education committee should be independent of the Town organization.

Action: The Board approved a motion to recognize and endorse the Citizens Advisory Committee on Education as an organization independent of the Town and serving in an advisory role to the Town.

Motion By: Dickson

Second By: Atwell

Vote: Unanimous

10. Public Comment – Held earlier in the agenda. No further comments were offered at this time.

11. Other Business – None

12. Manager’s Reports – Mr. Dean reported that the parade is this Saturday as is the dedication of the restoration project at Bass Lake. Mr. Bradley reported on more details of the Bass Lake ceremony and reported that Town calendars and service directories are scheduled to be delivered soon.

Mr. Dean reported that the Town has launched Operation Jericho, a project to work in cooperation with property owners to rid the Town of substandard and abandoned old houses. So far, Mr. Dean said, 25 properties have been identified, and the Town will be working with those property owners to quickly, efficiently and inexpensively clean up those lots. He pointed out that the free demolition disposal offered to the Town by BFI will be invaluable in this project, saving the Town as well as the property owners thousands of dollars.

12. Closed Session – None. The Town Attorney reported in Open Session that Mr. Eddie Hood has filed an appeal in his zoning violation case to the Court of Appeals.

Mayor Sears thanked the public, former Mayor Womble, and former Commissioner Sack for their contributions. He added he was looking forward to working with the town staff for the future of the Town.

13. Adjournment – There being no further business for the evening, the Dec. 4, 2001 meeting of the Holly Springs Board of Commissioners was adjourned at 8:15 p.m. following a motion by Commissioner Atwell a second by Commissioner VanFossen, and a unanimous vote.

Respectfully Submitted on Tuesday, Dec. 18, 2001,

___________________________

Joni Powell, CMC, Town Clerk

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