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Town of Holly Springs MINUTES The Holly Springs Town Board of Commissioners met in regular session on Tuesday, Feb. 20, 2001 in the Town Board meeting chambers, located in Town Hall, 128 S. Main St. Mayor Parrish L. Womble presided, calling the meeting to order at 7:30 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, Chet Van Fossen, Peter Atwell and Hank Dickson and Mayor Womble. Board Members Absent: None. Staff Members Present: Ricky Blackmon, interim town manager; Ernest C. Pearson, town attorney; Joni Powell, town clerk (recording the minutes); Stephanie Sudano, director of engineering; Len Bradley, director of parks and recreation; Cecil Parker, chief of public safety; Gina Bobber, planning director; and Jennifer Carr, director of economic development. 2 and 3. The pledge of allegiance was recited, and the meeting opened with an invocation by Mr. Charles Whitaker. 4. Agenda Adjustment - The Feb. 20, 2001 meeting agenda was adopted with changes, if any, as listed below. 5a. Public Hearing: Ordinance 00-23, Flood Damage Prevention - Mrs. Sudano addressed the Board explaining that this is a public hearing that was continued when it was initially opened on Nov. 21, 2000. The purpose of the public hearing is to accept public input on a proposed amendment to the Town's existing flood damage prevention ordinance. Mrs. Sudano said that the Engineering Department receives numerous complaints concerning flooding in residential lots and some non-residential properties during large rainfall events. In order to prevent these problems in the future and to reduce the impacts of flooding in Holly Springs, the Engineering Department proposes amendments to the Flood Damage Prevention Ordinance, she said. The proposed changes prohibit residential construction on lots in close proximity to the flood plain, and places stricter requirements on non-residential construction on lots in close proximity to the flood plain. Since the public hearing was originally opened, the Engineering Department has been coordinating changes to the draft with the Town Attorney and investigating several other possibilities for amendments. The changes made since Nov. 21 consist primarily of legal wording modifications with very little content change, Mrs. Sudano noted. The development community was notified of the additional revisions via postcards and given the opportunity to review and comment on the proposal. At this time, the Engineering Department has not received any comments from the development community on the additional proposed revisions, she said. Mrs. Sudano added that, in the past, enforcement of the existing flood prevention ordinance has been inconsistent, and responsibilities for enforcement unclear. In addition to making the modifications related to technical requirements, responsibilities for enforcement of this ordinance have been clarified and will lie primarily with the Engineering Department, with input and assistance from other departments. In addition to the ordinance modifications, engineering staff has formalized procedures for implementation of the ordinance. With that explanation completed, Mayor Womble opened the public hearing. The following comments were offered: None. 5b. Public Hearing: Annexation Petition A01-01 - Ms. Bobber explained that the Town has received a petition from the Wake County Board of Education for the voluntary annexation of some 35.55 acres located on Holly Springs Road. The property is the site of the new elementary and middle schools. The application is sufficient and the property meets all the requirements for voluntary annexation as described in State laws, Ms. Bobber noted. With that explanation completed, Mayor Womble opened the public hearing. The following comments were offered: None. 5c. Public Hearing: CDBG Scattered Sites - Ms. Carr addressed the Board explaining that the application for this CDBG grant dates back to October 1998. Since then, the Town's 10-Year Growth Plan and recent development activity have necessitated a change in the focus for the project. Changes consist of deleting some targeted addresses and adding others. Added to the project would be the following addresses: 209 New Hill Road, housing rehabilitation; 721 New Hill Road, rehab; 204 Burt Street, rehab. Deleted from the project would be the following addresses: 410 New Hill Road, a rental property on which the estimated cost of rehab would exceed the limit allowed for rentals; 10141 Holly Springs Road, private acquisition and redevelopment of property believed to be imminent; 500 N. Main St., most likely long-term use for the site is commercial; 10248 Holly Springs Road, heir property on which private acquisition is believed to be imminent. Project modifications: 1225 New Hill Road, structure is deteriorated beyond repair so request is to clear and provide on-site replacement housing instead of rehab. With that explanation completed, Mayor Womble opened the public hearing. The following comments were offered: None. 5d. Public Hearing: Franchise Ordinance, C&D Landfills - Mr. Pearson addressing members on Feb. 6 advised that, following adoption of NCGS 130A-294(b1)(3), the State will be requiring the Town to enact a franchise ordinance for a construction and demolition landfill if BFI/Holly Springs Disposal is to continue operations even for a short time. He explained that the proposed franchise ordinance is a local law that would provide the mechanism for the Town to grant a franchise to a company applying for permission to establish (or renew or substantially amend an existing operation) a construction and demolition landfill. As is the case with all franchise ordinances, Mr. Pearson said, two readings and a public hearing are required by law. He stressed that, according to case law, adoption of the franchise ordinance should not be construed to mean that the Town would be forced to accept or endorse any future construction and demolition landfill operations. Commissioner Schifano requested that Section 2 Granting a Franchise be amended by adding the words, "at the Board's discretion" following the words, "obtain from the Board." Mr. Pearson also pointed out that the term "sanitary landfill" inadvertently used throughout the document will be changed to "construction and demolition landfill." With that explanation completed, Mayor Womble opened the public hearing. The following comments were offered: Willie James Kearse, 6006 Holly Lane, Apex - Mr. Kearse asked for clarification as to the $2 per ton surcharge. There being no further comments, the public hearing was closed. 6a. Flood Damage Prevention Ordinance - The Board approved a motion to adopt Ordinance 00-23, an amendment to the Town's Flood Damage Prevention Ordinance. 6b. C&D Landfill Franchise Ordinance - Mayor Womble recited the first of two readings of this proposed ordinance. Following, the Board took action. 6c. Animal Control Ordinance - Chief Parker addressed the Board explaining that the Holly Springs Department of Public Safety Police Division is prepared to begin a local animal control program immediately. The officer, Mr. Eddie Holland, is trained; equipment has been purchased; and arrangements have been finalized with the Wake County Animal Shelter. All that remains to be done is to adopt a local animal control ordinance to be enforced, he said. Chief Parker explained that the proposed ordinance differs from that of Wake County in that ownership or housing of exotic or wild animals is prohibited. Chief Parker said he recommends also that the Town levy no additional penalties or fines because citizens who find themselves having to reclaim their pets from the animal shelter already will face stiff Wake County fines and reclamation fees. Civil penalties that remain in the ordinance pertain to more serious types of offenses, such as animal attacks. 6d. Cable Television Rate Filings Report - Mr. Bob Sepe, the Town's cable television consultant, addressed the Board with his report following a review of Time Warner Cable's FCC 1240, 1235 and 1205 rate filings. In summary, Mr. Sepe reports that these rate filings are reasonable and below the FCC maximums. At this time, the public was given an opportunity to comment on the report. The following comments were offered: None. 6e. Rate Filing Action - The Board approved a motion to adopt the report as its own 7a. AOL-Time Warner Franchise Agreement -- On second reading, the Board approved a motion to adopt the model franchise agreement with AOL-Time Warner as originally drafted and provided by the Triangle J Council of Governments with no amendments that were requested by AOL-Time Warner. 7b. Board of Adjustments - The Board approved a motion to defer action on this item until March 6. 8. Consent Agenda - All items on the Consent Agenda were approved following a motion by Commissioner Dickson, a second by Commissioner Sack and a unanimous vote. The following actions were affected: 8a. Annexation Ordinance A01-01 - Annexation Ordinance A01-01 annexing 35.55 acres off Holly Springs Road and owned by the Wake County Board of Education was adopted. A copy of Ordinance A01-01 is incorporated into these minutes as addendum pages. 8b. Budget Amendment, $22,200 - A budget ordinance amendment in the amount of $22,000 to increase sewer sales to cover operating transfer for a wastewater reuse system project was adopted. A copy of the budget amendment is incorporated into these minutes as an addendum page. 8c. Budget Amendment, $22,000 - A capital project budget ordinance amendment in the amount of $22,000 for preliminary engineering fees for a wastewater reuse system was adopted. A copy of the capital project budget ordinance amendment is incorporated into these minutes as an addendum page. 8d. Condemnation Resolution - Resolution 01-04, a condemnation resolution for the Raleigh Street/Earp Street/Holly Acres Sidewalk project, was adopted. A copy of the resolution is incorporated into these minutes as addendum pages. 8e. Resolution 01-05 - Resolution 01-05, a resolution requesting amendments to the CDBG Scattered Sites Project, was adopted. A copy of Resolution 01-05 is incorporated into these minutes as an addendum page. 9. Public Comment - At this time, the Board opened the floor to those in the public who wished to address the Board on any variety of topics not listed on the agenda. The following comments were offered: Willie Kearse, 6006 Holly Lane, Apex - Mr. Kearse asked if the Fair Share project could be amended to extend utility services to his property that is nearby. The mayor and Mrs. Sudano said they would meet with Mr. Kearse following the meeting to discuss his question. 10. Other Business: None. General Account of Closed Session 2/20/01:Mr. Pearson explained issues of a mediation session pending with Wake County regarding the South Wake Landfill project. The Town Attorney gained direction that three Board members would like to participate in the mediation on March 14 along with staff members who will be present. The Town Attorney will be accompanied by Mr. Blackmon, Mrs. Sudano and Commissioners Sack, Schifano and Atwell. Additionally, Mr. Pearson outlined key points of the pending mediation. Mr. Pearson then addressed the Board regarding the BFI/Holly Springs Disposal's position before the state. He received direction from the Board. At this time, Mrs. Sudano addressed the Board regarding a developer agreement with Finisterra developers regarding wastewater treatment capacity language in the agreement. 12. Continuation - There being no further business for the evening, the Feb. 20, 2001 meeting of the Holly Springs Board of Commissioners was recessed and scheduled to reconvene at 7 p.m. Thursday, Feb. 22, 2001. The continuation followed a motion by Commissioner Dickson at 9:35 p.m., a second by Commissioner Atwell, and a unanimous vote. Respectfully Submitted on Tuesday, March 6, 2001,
Joni Powell, CMC Town Clerk Addendum pages, as referenced in these minutes, follow and are a part of the official record of this meeting. Duplicate Original |