Town of Holly Springs
Board of Commissioners Regular Meeting
Tuesday, March 6, 2001

MINUTES

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, March 6, 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 7:40 p.m. A quorum was established as the mayor and all five commissioners 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); Cecil Parker, chief of public safety; Gina Bobber, planning director; Stephanie Sudano, director of engineering; and Erika Phillips, human resources officer.

2 and 3. The pledge of allegiance was recited, and the meeting opened with a moment of silent meditation.

4. Agenda Adjustment - The Board approved a motion to adopt the March 6, 2001 meeting agenda with changes, if any, as listed below.

5. Special Presentation Presentation - Holly Springs police officers Thomas Pierrie and Robert Parrish were recognized with a mayoral proclamation in recognition of their off-duty service. The mayor explained that the two off-duty officers saved the life of a four-year-old little girl who had fallen into the swimming pool at Trellis Pointe Apartments the week previous.

According to Chief Parker, the two officers were lifting weights in the Trellis Pointe exercise room when one of them looked out the window and saw the little girl floating face down on the surface of the outdoor swimming pool. The two called for help while rushing outside. They pulled the girl from the water and expelled water from her lungs, reviving her. They administered First Aid until medics arrived. The little girl is fine now and was released to the custody of her father, Chief Parker said.

In recognition of their life-saving response, Mayor Womble, on behalf of the Town Board and the citizens of Holly Springs, issued a proclamation of commendation to the two officers.

6. Public Hearing: Budget Budget - Mayor Womble invited members of the public to provide input into what projects or programs citizens would like to see included in the FY 2001-02 town budget. The following citizens were heard:

Jim Turner, Holly Springs Chamber of Commerce- Mr. Turner thanked the Town Board for the Town's past support and said the Chamber would provide a detailed wish list later in the budget process. He said he hoped the Chamber of Commerce could depend on financial assistance from the Town.

James Holden, 533 Baygall Road - Mr. Holden requested the paving of the unpaved portion of Stinson Avenue.

Randy Kupless, Wolfbridge Road - Mr. Kupless requested that a professional survey to determine the historic boundary for the older sections of Holly Springs be performed in order to establish a historic district. He said it would be important to find out about our history and preserve it before it is obliterated unintentionally by development.

7a. Board of Adjustment - Ms. Bobber advised that several citizens had called to request applications for the vacancies on the Town's Planning Board and Board of Adjustment. She suggested that the Town Board hold off on making appointments until these citizens have a chance to return their applications.

7b. Mims Historic Boundary - This item was deleted from the agenda at the request of the property owner.

7c. Winding Creek PUD - Ms. Bobber reported that the applicant is still working on a means of providing a direct access to Hwy. 55 for the proposed Winding Creek Planned Unit Development. She said the applicant requests that the PUD application be forwarded to the Planning Board for review and consideration in the meantime.

7d. Memorandum of Understanding - Mr. Pearson recapped for the Board that the Board had previously agreed to the concept of allowing Holly Springs Disposal / BFI to expand its construction and demolition landfill operation vertically, with the understanding that a third party company would eventually lease the property following closure of the landfill.

Mr. Pearson explained that BFI proposes that the Town send a letter to the State stating the Town's belief that a vertical expansion is adequately approved under the existing Special Use Permit. Mr. Pearson presented a Memorandum of Understanding detailing this position.

Mr. Pearson added that the Memorandum of Understanding would serve as a precursor to the Town's future franchise agreement with BFI, which would be more detailed and would address more specifics. He said the Memorandum of Understanding, if accepted by the State, would provide for a way to begin immediately a revenue flow for the Town from the landfill.

8a. and 8b. These items were moved to the Consent Agenda during agenda adjustment.

8c. Wyncrest Commercial Subdivision - Ms. Bobber explained that the applicant is proposing to subdivide and recombine the existing lot and adjacent abandoned railroad right-of-way into two commercial lots and dedicate right-of-way to provide access to the newly created commercial lots and the adjacent property to the east in accordance with the approved Windcrest Farms PUD. This subdivision plan is requested in conjunction with the Wyncrest Commercial Building Site Plan/Zoning Permit that the Town Board has already reviewed and approved.

Ms. Bobber reported that the Planning Board had reviewed the petition and recommends approval of the application with conditions.

1. Show new roadway and cross-section per Board decision. This will include construction of a 35' back-to-back cross-section for a certain distance from NC55 plus a 24' asphalt roadway continuing the remaining distance to the property line. In accordance with the Town Board's decision, this length of "full" improvements versus "partial" improvements shall be determined by the cost that would have been spent on a standard 27' back-to-back roadway constructed in the same location. Submittal of a sealed Engineer's Estimate for both alternatives will be required, subject to approval by Engineering staff.
2. The Final Plat providing for the dedication of the ROW and all easements must be submitted for review and recorded prior to submission of construction drawings for any project on this property.
3. Remove note in NC55 cross section pertaining to phasing of improvements. A separate widening and striping plan for NC 55 will be required at construction drawing submittal and must be approved by NCDOT and the Town. Widening for the entire site must be completed during the first phase of development.
4. Per ordinance, show waterline extension to property line.
5. No additional access points will be granted on NC55. All access must be off the newly created roadway.
6. Correct the Vicinity Map in the cover sheet to include the entire area of the subdivision.

8d. Rhamkatte PUD - Ms. Bobber explained that Rhamkatte Village Planned Unit Development is a proposed 102 acre development that includes areas for single-family residential and mixed-use development that can include commercial, office, apartments, and/or townhomes. The proposed intensity of development will create a "Neighborhood Village District" at the intersection of Bass Lake Road and Holly Springs Road. The proposed Rhamkatte Village PUD is not within the corporate limits of the Town, but is within the Town's ETJ.

Ms. Bobber reported that a joint public hearing before the Planning Board and Town Board of Commissioners was held on February 6 to gain public input on this proposed PUD. Only one person spoke who was not either in favor or opposed to the request, she said. The Planning Board reviewed the revised Rhamkatte PUD Document at its February 27, 2001 meeting.

She reported that the Planning Board recommends approval of the PUD application with conditions.

1. A TIA for the entire project is to be submitted and approved for review and approval prior to approval of the first phased preliminary plan for the project.
2. Plans be modified to state that only the 30' greenway is to be dedicated to the Town and the remaining area of open space be placed into permanent open space protected by a Homeowner's Association.
3. At time of the first phased preliminary plan, a full draft of covenants creating an HOA is to be submitted with the first review plans.
4. Annexation will be required at time of Site Plan/Zoning Permit or Subdivision Application
5. Strike the color requirements specified in the document and state that colors will be reviewed at time of Zoning Permit.

8e. Ordinance 01-04, Construction and Demolition Landfills - Mr. Pearson explained that the original draft has been amended to replace all references of "sanitary landfills" with "construction and demolition landfills;" and to add the words "at the Board's discretion" in Section 2, Grant of Franchise.

8f. BFI/Holly Springs Franchise Agreement -- The Board deferred action on this item.

9. 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. Personnel Policy - An update to the Town's personnel policy was adopted. The policy, until superceded by another version, is on file in the Human Resources office.

9b. Resolution 01-06 - Resolution 01-06 for the issuance of Bond Anticipation Notes for Parks and Recreation facilities was adopted. A copy of Resolution 01-06 is incorporated into these minutes as addendum pages.

9c. Resolution 01-07 - Resolution 01-07 for the issuance of Bond Anticipation Notes for Water System improvements was adopted. A copy of Resolution 01-07 is incorporated into these minutes as addendum pages.

9d. Budget Amendment - A budget amendment in the amount of $12,810 to accept insurance proceeds to cover the cost of replacing a damaged speed trailer was adopted. A copy of the budget amendment is incorporated into these pages as an addendum page.

9e. Minutes - The minutes of the Board's continued meeting held on Feb. 20, 2001 and its regular meeting held also on Feb. 20, 2001 were approved.

9f. Open Space Grant - The Board entered into an agreement with Wake County to accept $20,000 in grant funds for open space master planning. A copy of the agreement is incorporated into these minutes as addendum pages.

9g. Thompson and Associates - The Board entered into contract with Thompson and Associates for consultation work in developing an open space master plan for the Town. A copy of the contract is incorporated into these minutes as addendum pages.

10. 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:
    None.

11. Other Business:
11a. Resolution 01-08 -- The Board adopted Resolution 01-08 supporting the creation of a Town Environmental "Green" Plan and stating the Town's commitment to regional projects, efforts and initiatives.

12. Manager's Reports - Mr. Blackmon reported that the Wake County Solid Waste Management Office has offered to provide municipalities short presentations about the department programs. The Board agreed to extend an invitation.

13. Closed Session - Commissioner Atwell moved that the Board recess briefly before reconvening in Closes Session for the purpose of discussing topics relating to personnel, litigation and contractual terms. Commissioner Sack seconded the motion, which carried unanimously.

Mrs. Sudano reported to the Board regarding the pending Finisterra developer agreement and its direct relationship to the Town's wastewater treatment plant expansion permit application. Commissioner Schifano reported on the landfill litigation. The Board discussed the town manager position and the qualification of candidates.

Adjournment - There being no further business for the evening, the March 6, 2001 meeting of the Holly Springs Board of Commissioners was adjourned at 10:35 p.m. following a motion by Commissioner Schifano, a second by Commissioner Sack, and a unanimous vote.

Respectfully Submitted on Tuesday, May 15, 2001,