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Town of Holly Springs MINUTES The Holly Springs Town Board of Commissioners met in regular session on Tuesday, June 19, 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 7:38 p.m. A quorum was established as the mayor and three board members were present as the meeting opened. Board Members Present: Commissioners Chet VanFossen, Peter Atwell and Hank Dickson and Mayor Womble. Board Members Absent: Commissioners Tim Sack and John Schifano. Staff Members Present: Carl G. Dean, town manager; Ernest C. Pearson, town attorney; Joni Powell, town clerk (recording the minutes); Scott Mitchell, town engineer; Len Bradley, director of parks and recreation; Gina Bobber, planning and zoning director; Jennifer Carr, director of economic development; and Preston Short, town planning technician. 2 and 3. The pledge of allegiance was recited, and the meeting opened with a moment of silent meditation. At this time the Board approved a motion to excuse Commissioners Schifano and Sack for absences due to both being out of town. 4. Agenda Adjustment – The June 19, 2001 meeting agenda was adopted with changes, if any, as listed below. 5a. Public Hearing: Rezoning Petition 00-REZ-05 – Ms. Bobber explained that this public hearing is the second hearing held on this application. The original public hearing was held before the Town Board on April 4, 2000. After the public hearing, the Town Board deferred action on the petition until the Commercial Growth Corridor Committee would have a chance to examine this area and present is suggestions to the Town Board. For the past 14 months, action on the petition has been continually deferred. Now, the petitioner requests that the Board take action on the request for a C-1 zoning designation, Ms. Bobber reported. Ms. Bobber also explained that a second public hearing is required because the parcel identification numbers assigned by Wake County for the subject property have changed over the time since the first public hearing. Ms. Bobber provided the Town Board with background on the application. She said that in March of last year, the Town received a request for rezoning from property owner Rosalyn H. Cox who requests that her 6.159 acres of R-20 land on Avent Ferry Road near its intersection with the Hwy. 55 Bypass be classified as Commercial (C-1). The property is located on the east side of Avent Ferry Road adjacent to and south of the proposed Bypass. Surrounding zoning is R-20 to the north and west across Avent Ferry Road, C-1 to the east across the abandoned railroad corridor and R-20 to the south. (The property located immediately to the south, however, is the subject property of a C-1 rezoning request this same evening). The property is the first land to have access to Avent Ferry Road past the control of access for the Bypass. The property will not have direct access to the Bypass, Ms. Bobber said. The 10-Year Comprehensive Plan designates a Community Activity Center in this general area; however, the property is located just outside the rim of the circular CAC label placed on the Plan map. A detailed small area plan for this CAC has not yet been developed, so it is not possible to determine whether or not these exact parcels were intended to be part of the CAC or if the CAC circle is a general location indicator based on the Bypass interchange alignment, Ms. Bobber said. She reported that when staff brought this application to the Planning Board in March 2000, approval of the request was recommended as it was in keeping with the 2008 Comprehensive Plan that indicates that the area would be best served with a CAC in this general area. When the Planning Board reviewed the petition, it recommended approval following a 4-3 vote, Ms. Bobber reported. The Planning Board had discussed the spread of commercial zoning beyond the CAC circle on the Comprehensive Plan map prior to receiving guidance from the new Commercial Growth Corridor Committee on design guidelines for a CAC. Comments from the original April 4, 2000 public hearing are incorporated as input on this June 19, 2001 public hearing and are designated in bold italic type below. These comments were provided to commissioners in agenda packets. With that explanation completed, Mayor Womble opened the public hearing, and the following comments were recorded: Peter Nsubuga, 541 Country Lane, representing residents of Country Lane – Mr. Nsubuga opposes the rezoning request and was chosen by his subdivision to speak in opposition for all of them. He said he felt that the area surrounding Country Lane subdivision should remain residential in nature. He said his community’s fears are based on the following concerns for commercializing this area: increased traffic; an increase in crime because the area will no longer be so isolated and suspicious activities may result from businesses open at all hours; and residents want to know why the Board wants this area to be commercialized when Hwy. 55 property is available. Mr. Nsubuga also reported that residents are upset that NCDOT may not provide sound-proofing structures to separate Country Lane from the Hwy. 55 Bypass corridor. He added that the commercial zoning of property in the vicinity would be an additional negative impact. Another concern is security, Mr. Nsubuga said. He said his neighborhood feels that commercial areas attract drug dealers and other criminal activity, and his neighborhood is opposed to that kind of activity. Mr. Nsubuga presented a petition containing 26 signatures of all Country Lane residents who are opposed to the Rezoning Petition 00-REZ-05. The petition statement reads, “We, the undersigned residents of Country Lane, Holly Springs, North Carolina, are unequivocally opposed to the Rezoning Petition 00-REZ-05 of Rosalyn Cox to change the classification of this property from Residential to Commercial.” The signed petition is incorporated into these minutes as addendum pages. There being no further comments, the June 19, 2001 public hearing was closed. Comments from the original April 4, 2000 public hearing are as follows: Linda Boggs, 608 Country Lane – Mrs. Boggs is opposed. She said she feels that Avent Ferry Road will not be able to handle the traffic of a commercial business. She said she feels the rezoning of this parcel will adversely affect the value of her own property. She said she believes the property should remained zoned for residential development. Mrs. Boggs presented a petition containing signatures she collected in support of turning down the rezoning request. The petition is incorporated into the minutes of April 4, 2000 as addendum pages. Bill Banks, 1208 Trotter Bluffs – Mr. Banks is opposed. Mr. Banks, a resident of Trotter Bluffs, said he does not feel that Commercial zoning is the best zoning for this property; although, he added, he does not feel that R-20 is appropriate. He reminded the Board of the nodal concept of development with intense uses in the center of node, radiating out to less intense uses. He pointed out that the CAC center noted on the 2008 Comp Plan is centered with a little more than 50 acres already zoned commercial. style="mso-spacerun: yes"> He said he felt that this parcel, which is located near the outer rim of the CAC label, should be zoned to something a step less intense than commercial. He suggested Office and Institution. Mr. Banks also said he felt that Avent Ferry Road traffic congestion would be aggravated. He said the property was too close to the Avent Ferry Road and NC Bypass 55 interchange to provide for safe entrance and exit from the property. He suggested that the Town encourage development on already existing commercial properties. He also suggested that the petitioner and adjacent landowners take their properties together and package them for rezoning. April Berry, daughter of the petitioner and resident of the petition property. Mrs. Berry told the Board that the property in question is the birthplace of her mother, the longtime residence of her grandfather, and her own birthplace of 30 years ago. She said she grew up in the house, lives there now and had dreams of raising her own children in the same house. She said she has watched as the Town has changed before her eyes, impacting this property and those around it. She said she is requesting commercial zoning of the property, not because of a specific development plan she has in mind, but on the advice of a real estate agent and developer. Both, she said, recommended a commercial zone for the property, given its proximity to the NC 55 Bypass and the commercially-zoned property to the east. Mrs. Berry said her original hopes to live in the Holleman homeplace and raise her children there is not to be, but she would like to live in the house as long as she can and has no immediate plans for development. Whatever happens, she said, she would want to be a good steward for her grandfather’s memory and the results of his lifetime of hard work. style="mso-spacerun: yes"> She said if the land was destined for development, she would rather oversee the development than someone who did not know Holly Springs or her grandfather. Commissioner Schifano asked if there was a timeframe for development of the property. Mrs. Berry said she has no agenda for development at this time, nor a timeframe. She is hoping to live there as long as possible. There being no further comments, the (April 4, 2000) public hearing was closed. 5b. Public Hearing: Rezoning Petition 01-REZ-04 – Ms. Bobber explained that the applicant is proposing to rezone 13.46 +/- acres from R-20: Residential-Agricultural District to C1: Commercial District within the vicinity of the Community Activity Center located at NC 55 and NC 55 Bypass on the Town’s Comprehensive Growth Plan. Ms. Bobber explained that as the bypass continues under construction, property along the roadway is being considered for development. The location of the subject property within the vicinity of the CAC and an intersection with the bypass makes this area very attractive for future development, she added. Within this CAC, the Town has already approved several properties for commercial development. To date, the office and high density residential portions of this activity node have not been identified. However, according to the detail for this activity node as indicated in Figure 5 of the Comprehensive Growth Plan, this property is designated as office and the property on the east side of the abandoned railroad right-of-way is designated for commercial development, Ms. Bobber reported. Staff recommended approval of the rezoning request to the Planning Board at its meeting on May 22, 2001 and still recommends approval of this request, Ms. Bobber said. style="mso-spacerun: yes"> However, she reported, the Planning Board recommended to deny the request due to the amount of land already zoned commercial in this activity node and due to the delay in receiving recommendations from the Commercial Corridor Growth Committee. The subject property is located adjacent to and immediately south of the subject parcels of Public Hearing No. 5a. With that explanation completed, Mayor Womble opened the public hearing. The following comments were recorded. Phil Stephens, the applicant, Atlanta, Georgia – Mr. Stephens spoke in favor of the petition explaining that he and Raleigh developer Smedes York have an option on the subject property. He explained that his family’s farm is located next to door and that a marriage of his family’s tract and the subject tract are ideal for commercial development. The Stephens land already is zoned C-1 and the property located to the south of the subject tract is zoned C-1. He pointed out that five roads converge at the Stephens-Barnes tract making it a natural location for commercial development. For these reasons, Mr. Stephens said, he feels the commercial designation was appropriate. He pledged to the Board that he and Mr. York would provide a quality project on the property, especially as the land represents his family’s heritage. Bill Banks, 1208 Trotter Bluffs Drive – Mr. Banks explained to the Board that, as a member of the Comprehensive Plan Committee, he understands that it was the intent of the committee to create tight concentric circles of commercial development. So far, he said, there have been no office and institution or lighter-intensity commercial requests for this area, only commercial rezoning petitions. He said he felt there were better uses suited to this property, particularly office and institution. Jim Turner, chairman of the Holly Springs Chamber of Commerce – Mr. Turner spoke in favor of the petition on behalf of the Chamber of Commerce. In a letter to the Board, Mr. Turner stated that the Chamber supports any new or prospective businesses but also recognizes the Board’s efforts to ensure that growth is managed in a manner that serves the best interest of the community as a whole. He said the Chamber believes that the commercial zoning designation that is requested is consistent with the Comprehensive Growth Plan, which the Chamber uses to assist prospective businesses in locating in areas that are suitable for their intended use. He feels the Plan illustrates that the request would be in keeping with the Town’s vision for this area. He added that the rezoning of the site as requested would send a positive message to the business community of the Triangle and beyond and would confirm that the Town of Holly Springs is supportive of businesses. A copy of the Chamber’s full letter is incorporated into these minutes as an addendum page. Glenn Myrto, 408 Ballentine – Mr. Myrto said he is not opposed to some types of commercial development on the subject property but suggested that the Board consider a more restrictive zone, such as a special use district. He suggested that the Town consider deferring action until an additional commercial district is created to allow for less-intense commercial uses that what is currently allowed by the C-1 zoning classification. He said while it would present a positive message to the business community if this rezoning were approved, it would send a negative message to current residents unless this property were designated as a more transitional non-residential zone. John Wood, Chairman of the Commercial Corridor Growth Committee – Mr. Wood reported to the Town Board that the CCGC has studied the Avent Ferry Road corridor but has not yet finalized its written report to the Town Board. Nevertheless, he said, the committee felt it needed to inform the Town Board that it would not find the rezoning request at odds with what the CCGC eventually will have in its full report for Avent Ferry Road. There being no further comments, the public hearing was closed. 5c. Public Hearing: Special Use Permit 01-SUP-03, BFI – Ms. Bobber explained that the purpose of this public hearing is to accept sworn testimony that the application does or does not meet the six general conditions for a Special Use Permit. Ms. Bobber explained that staff and the Planning Board have reviewed the application and will recommend approval of the permit, with the attachment of 2 (two) conditions. Ms. Bobber gave an overview of the application and site plan: BFI Disposal has requested a lateral expansion of Cell 7 in the northwest corner of the BFI Construction and Demolition Landfill. Any uses with outdoor operations in the I-1: Light Industrial District is required to gain approval of a Special Use Permit. Although BFI currently has Special Use Permits for their operations, a new permit is required since this will enlarge the disturbed area not previously indicated on permit applications, Ms. Bobber explained. In order for any special use permission to be granted, the applicant, at the public hearing, will be required to present sufficient evidence to enable the Board to find that the following conditions exist:
Rick Prather, BFI – Mr. Prather, representing the applicant, submitted into the record the application for 01-SUP-03 and its related site plan as evidence that the application satisfies the six general conditions required by Town Code. Van Crandall, 4813 Salem Ridge Road – Mr. Crandall said he had questions. He asked if this expansion request increases the amount of waste to be deposited at the site than was earlier implicated. The Town Attorney responded: The subject project is not an expansion outside the anticipation of the franchise agreement giving BFI permission to operate within its site. Is the expansion request driven by the pending Finisterra development as earlier stated or is there some other compelling reason for this expansion? The Town Attorney responded: The expansion request is driven by the pending Finisterra development, but not beyond what was anticipated by franchise agreement. The BFI site would be open to all users from now until May 15, 2002. After that date, the site would accept debris only from Finisterra and the Town of Holly Springs. If the development of Finisterra does not occur, the franchise agreement would preclude operation after May 15, 2002. Are the general conditions the only litmus test in granting permission for this expansion? The Town Attorney responded: Yes, a special use permit is granted when the Town Board is satisfied that the six general conditions will be met as determined only from testimony and evidence provided within within the confines of the public hearing. Mr. Prather addressed the Board, clarifying that the BFI construction and demolition landfill will be closed on Dec. 31, 2002 as guaranteed by the franchise agreement between BFI and the Town of Holly Springs. There being no further witnesses to testify, the public hearing was closed. 5d. Public Hearing: 01-SUP-04 – Ms. Bobber explained that the applicant is proposing to construct a 12,000 square foot flex space building on Tract 19 in the Holland Industrial Park. This lot is located on the southwest corner of Thomas Mill Road and Premier Drive adjacent to the Corrugated Container site. The building would be constructed in two phases, 6,000 square feet each, she said, adding that the first phase will be for the proposed owner of the property and the future expansion for other tenants. The plans indicate that the front of the building will face Thomas Mill Road and include a large outdoor storage yard behind the building with access from Premier Drive, Ms. Bobber said. The building will primarily have a brick façade along the north, east, and west (after completion of phase 2) elevations and a metal wall along the south and west (with only phase1). The applicant is proposing to keep the majority of the perimeter buffers in their current vegetated state and will provide supplemental plantings where necessary, she said. A service/equipment garage is located on the rear of the lot and there will be an above ground fuel storage tank. The tank would have to be placed in an approved containment area. Ms. Bobber explained that staff and the Planning Board have reviewed the application and will recommends that, upon appropriate findings of fact, that the permit be granted with 3 (three) attached conditions and that a zoning permit be issued. Due to the outdoor storage operations and storage of fuel on site, the applicant is required to obtain a Special Use Permit to allow for these operations on the property. In order for any special use permission to be granted, the applicant, at the public hearing, will be required to present sufficient evidence to enable the Board that the six general conditions for all special uses exist. This type of special use also has four Specific Conditions that must be proved in the hearing. They are:
Harold Yelle, 3755 Benson Drive, Raleigh, and representing Aiken & Yelle, the applicant – Mr. Yelle submitted the application and site plan into the record as evidence that the project would satisfy all general and specific conditions required by Town Code. Representing owner James Pacos, Mr. Yelle stated that street appeal was the reason a similar application was turned down by the Town Board previously. After that, he said, designers went back to the drawing board to revise the site plan. The resulting product is a site that now would be completely blocked from view from Thomas Mill Road; that would feature additional fencing and landscaping and a 30-foot undisturbed buffer. Mr. Yelle said he feels designers have done a much better job of creating a site plan that would not only meet the standards of the ordinance, but that would satisfy the neighboring property owner. Mr. Yelle reported that he had met with the owner of the neighboring Corrugated Container site and that the owner had seemed to be pleased with revisions, although he still may have concerns. James Pacos, 5004 Hannah Lane, Fuquay-Varina - Mr. Pacos stated that he would be the property owner of this site. He said he feels the change in appearance of the whole project is much improved over the first version. He said he believes the application satisfies the conditions and will be a good example in the park. Tim Schwoyer, Corrugated Containers – Mr. Schwoyer stated that his property neighbors Lot 19 on the west boundary. He related that he spoke before the Town Board in April 2000 and opposed SUP application as originally submitted. He said he was opposed at that time to the site plan, but also because of the tone that would be set in the industrial park with the influx of companies that require outdoor storage and those that store unkempt piles of construction materials. Mr. Schwoyer said he feels development of the park will be negatively impacted by the continued approval of uses with outdoor storage. He said he would prefer knowledge-based businesses and that the Town should be careful how the park develops. Mr. Schwoyer said he feels the site plan improvement was enhanced and is much more acceptable, but that it does not change his concerns. He submitted photographs of other sites in the park that are unattractive and unkempt into the record. He suggested conditions for co-existence: pave the outdoor storage lot; opaque buffers or increase the setbacks; enforcement of conditions, especially along the entire west boundary and northwest corner. Mr. Yelle responsed to questions – Mr. Yelle said the owner would want a gravel storage yard because his heavy equipment stored there would destroy a paved yard. As for opaque vs. semi-opaque buffer on the western boundary line, Mr. Yelle said the site could be prepared with a fence and leland cypress rather than wax myrtles, providing a more opaque screen at maturity. There being no further witnesses to testify, the public hearing was closed. 6. 00-REZ-05 Requesting C-1 Zoning – In discussion, board members stated that issues of security and the screening of the Hwy. 55 Bypass are only slightly related to the issue of rezoning of the property. Commissioner VanFossen stated that surrounding zoning is commercial aChet points out that sandwich small parcel of land of residential if not approved. Other commercial property around. Dickson = looked across the street and directly adjacent. Agrees that there is a need to break down C-1 into one or two zoning units so we can be more specific. Atwell agreed need additional C districts to narrow focus. What is allowed is totally different from what it looks like which comes later in site plan approval to minimize impact. Mayor said it would have to come back to the Board for specific use.
Action: The Board approved a
motion to approve 00-REZ-05 requesting C-1 zoning designation for 6.159 acres
on Avent Ferry Road adjacent to the Hwy. 55 Bypass interchange. 7a. 01-REZ-04 Requesting C-1 Zoning –
Action: The Board approved a
motion to approve 01-REZ-04 requesting C-1 zoning designation for 13.46 acres
on Avent Ferry Road. 7b. 01-SUP-03 – Pursuant to Part 9, Chapter 4050.1 of the Holly Springs Town Code, the Town Board made the following findings of fact:
Second By: VanFossen Vote: Unanimous. A copy of the application for 01-SUP-03 and its related site plan, which were submitted as evidence, are incorporated into these minutes as addendum pages. 7c. 01-SUP-04 – Pursuant to Part 9, Chapter 4050.1 of the Holly Springs Town Code, the Town Board made the following findings of fact:
Second By: VanFossen Vote: Unanimous. A copy of the application for 01-SUP-04 and its related site plan, which were submitted as evidence, are incorporated into these minutes as addendum pages. 7d. 01-FP-06, Herbert Reid Minor Subdivision – Ms. Bobber explained that Mr. Herbert Reid owns 10 acres of land on Heritage Meadows Lane located on the south side of Sunset Lake Road. He is attempting to subdivide his property into 2 parcels to build another home on his property. His land surveyor, Smith & Smith Surveyors, submitted a request for Minor Subdivision to the Department of Planning & Zoning on February 12, 2001. During the initial review of his requested subdivision, Ms. Bobber said, staff found that there was no documentation on whether or not Heritage Meadow Lane has been dedicated to NCDOT and that according to Section 9-3055 of the Holly Springs Subdivision Regulations all subdivisions of land (minor or major) are to abut on a public street. She explained that streets that are not dedicated to the Town and are not eligible to be placed on the State Highway System (because there are too few lots or residents) are to be dedicated to the public and to be constructed to the standards necessary to be put on the State Highway System so as to be eligible at a later date. A written maintenance agreement with the provisions for the maintenance of the street until it is put on the State System is to be submitted with the final plat. Staff forwarded their comments including the above information to Mr. Reid’s surveyor on March 2, 2001 stating that he needed to provide verification to the Town that the right-of-way has been dedicated to NCDOT or a written maintenance agreement is in place to ensure that the private road will be maintained. Ms. Bobber reported that the Town did not receive any response from Mr. Reid or his land surveyor until April 24 when his land surveyor submitted a revised plan but did not include a response to staff’s comment. Staff repeated its request for verification on the status of the roadway dedication or the existence of a maintenance agreement. Two weeks ago, Ms. Bobber said, Mr. Reid confirmed that the roadway is on private access easements on several properties and that he was not sure if there was a maintenance agreement for the entire road. Since Heritage Meadows Lane is a private drive, it is not constructed to State standards, and the property owners do not have a written maintenance agreement for the street, Staff is unable to approve his request for Minor Subdivision without Town Board approval, Ms. Bobber said. Ms. Bobber explained that Mr. Reid has submitted a Waiver Request to the Town Board of Commissioners requesting a waiver to allow for the subdivision of his property into 2 lots on a “private road” instead of on a publicly dedicated road and with no maintenance agreement. Ms. Bobber reported that staff supports the request with the condition that when Heritage Meadows Lane is brought up to Town standards, that any necessary right-of-way be dedicated at no cost to the Town
Action: The Board approved a
motion to approve the request for waiver submitted by Mr. Herbert Reid,
granting permission to allow for the subdivision of his property into two lots
on a private road with the condition that when Heritage Meadows Lane is brought
up to Town standards in the future, that any necessary right-of-way be
dedicated at no cost to the Town.
At this time, Mayor Womble requested
that the Board take a five minute recess before reconvening to continue the
agenda.
Upon reconvening Mayor Womble
suggested an adjustment in the agenda to move Item No. 7h, consideration of a
gift of financing for a van from the Holly Springs Coalition for Youth and
Families, up on the agenda in deference to the members of the HSCYF present in
the audience. 7h. HSCYF Gift – Mrs. Lesli Doares, chairman of the Holly Springs Coalition for Youth and Families, addressed the Board. She explained that the Coalition had been assisting the Town in leasing a van the past year. She said the Coalition would like to offer the Town the financing for the purchase of the van, totalling just over $21,000. She added that the Coalition would like to condition its offer with the following requests:
Action: The Board approved a
motion that the offer of financing for a van from the HSCYF be accepted with
the conditions requested by the HSCYF. 7e. Holly Springs Road Widening – Mr. Mitchell explained that staff is requesting approval of Street Reserve Fund expenditures to cover preliminary engineering, survey, design and right-of-way acquisition for a project to widen Holly Springs Road west of Holly Ridge Elementary and Middle Schools to tie in with existing widening at Spring Meadow Subdivision. These professional services would be provided by Sullivan Surveying and Chris Allen, P.E. On the east side of the schools, staff has been successful at coordinating with both Wake County Public Schools and the developer of Sunset Ridge Phase 11 to achieve full continuous widening in front of the school and the Sunset Ridge Phase 11 subdivision – from the school eastward all the way to Linksland Drive. The completion of a continuous roadway widening and sidewalk project in this area will prevent transitions of roadway from a full four-lane median-divided cross section to a two-lane cross section in the area, making it a safer roadway and providing for safe pedestrian access from the subdivisions to the schools. At a later Board meeting, staff will present a request for funding of this widening (once the construction estimates are known), Mrs. Sudano said.
Action: The Town Board
approved a motion to authorize the expenditure of between $5,000 and $8,000
from the Street Reserve Fund for surveying, engineering design and right-of-way
acquisition for the widening of a portion of Holly Springs Road and authorized
staff to proceed with right-of-way acquisition. A budget amendment to facilitate this expenditure is acted upon and recorded in the Consent Agenda portion of these minutes. 7f. Holly Springs Road Widening – Mr. Mitchell explained that approval is being requested to approve a contract for the preparation of a preliminary design and construction cost estimate for a median in the area of the widening project. When widening for Middle Creek Subdivision and the Moravian Church occur across Holly Springs Road (in the near future), it will be possible to install a median in the project area to complete the roadway cross section. The estimate for these services, to be provided by Mulkey Engineering, will not exceed $4,000. At a later Board meeting, staff will present a request for funding of this project.
Action: The Board approved a
motion to approve a contract with Mulkey Engineering at a cost not to exceed
$4,000 from the Street Reserve Fund for preparation of a preliminary design and
construction cost estimate for a median on Holly Springs Road in the vicinity
of Holly Ridge Elementary and Middle Schools. A budget amendment to facilitate this expenditure is acted upon and recorded in the Consent Agenda portion of these minutes. A copy of the contract with Mulkey Engineering is on file in the Engineering Office. 7g. Economic Development Workshop – Mrs. Carr explained that there are several economic development issues that need to be discussed that require the time and attention of a separate Board workshop. She said some of those topics include: an annual report from Ken Atkins, executive director of the Wake County Economic Development program; presentation of Strategic Economic Development Plan for West Holly Springs by staff and an advisory committee made up of Atkins, Ernie Pearson and George Sharpe; presentation of new marketing material: 2001 Community Profile; pens, a new town map; and an updated economic development website (under construction); discussion on short-term (12 to 18 months) goals and objectives; Department of Commerce Certified Industrial Site program; commercial development and other topics as identified. She asked that Commissioners present provide possible times and dates for this workshop. Dates suggested were: 1 to 5 p.m. Friday, July 20 as a possible No action taken. 8. Report – As requested, Mr. Gerald W. Holleman of Watson Consulting, LLC addressed the Board to report on events of the last four months. The full report was contained under separate cover in agenda packets. The full report is filed in the Town Clerk’s office along with the consultant’s contract; it is not incorporated into these minutes and may be disposed of in accordance with the State of North Carolina Records Retention and Disposition Schedule. Following the report, the Board discussed ways and means of developing the Town’s commercial and industrial base. No action taken. 9. Consent Agenda – All remaining items on the Consent Agenda were approved following a motion by Commissioner Atwell, a second by Commissioner Dickson and a unanimous vote. The following actions were affected: 9a. Windcrest Farms Extension – This item was removed from the Consent Agenda in previous agenda action. 9b. Annexation Ordinance A01-02 – Annexation Ordinance A01-02 incorporating approximately 125 acres of property known as Sunset Ridge North Phase 4 was adopted. A copy of Ordinance A01-02 is incorporated into these minutes as addendum pages. 9c. Zoning Administrator - Holly Springs Planning Technician Preston C. Short was appointed Zoning Administrator for the Town of Holly Springs. 9d. Budget Amendments, $12,000 – Budget amendments in the amount of $12,000 to accommodate preliminary engineering, design, and right-of-way acquisition work for the widening of Holly Springs Road were adopted. Copies of these budget amendments are incorporated into these minutes as addendum pages. 9e. Budget Amendments, $30,000 – Budget amendments to designate a capital project for the installation of gasoline fueling pumps for Town vehicles were adopted. Copies of these budget amendments are incorporated into these minutes as addendum pages. 9f. Minutes – Minutes of the Board’s regular meeting held on June 5, 2001 were approved. 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: Don Baxter – Commended Gerald Holleman for the work he has done over the past two decades for the Town and he thanked him personally. He asked that some type of recognition for this past service be provided to him. He added that his vision for the Town to build a frontage road along the Bypass so that commercial development would occur along it without interfering with the limited access nature of the Bypass. He does not want the Town Board to depend too heavily on the downtown project to spur all the commercial growth the Town will need in the future. Van Crandall – A regional wastewater treatment facility to serve this region and the Cape Fear River Basin in this region is a necessity. There has to be cooperation among Holly Springs, Apex, Cary, etc. There has to be project that will meet the needs of all the communities as well as rationalization. Having said that, he doesn’t want the Town Board to rush or emphasize for things to happen so quickly because he feels commercial development will occur no matter what. 11. Other Business : None. 12. Manager’s Reports – None. 13.
Closed Session –
The Board approved a motion to go
into Closed Session, pursuant to G.S. 143-318.11(a)(3), to discuss pending
lititgation, particularly the Wake County vs. Holly Springs matter; and
pursuant to G.S. 143-318(a)(5), to discuss the acquisition of real property. General Account Closed Session – June 19, 2001 Mr. Pearson provided information to the Board regarding the landfill litigation case, specifically as it concerns to Wake County’s negative response to the Town’s request to allege “negligent” misrepresentation rather than “fraudulent” misrepresentation. Mr. Pearson advised that the Town abandon the misrepresentation angle entirely and focus on police power arguments instead. Now, the county attorney objects to the Town’s “clean hands” defense, too. Because posed as expansion, we contend county does not have clean hands. Would eliminate county’s rattling over attorney’s fees if we take it out. Basic defenses remain, but we would lose that one. Delay direction until July 3. Mr. Dean brought up the subject of the possibility of the Town’s purchasing the former Mako Trucking site in the industrial park for use a Public Works facility and over-flow Town Hall space. The Board directed him to pursue negotiations for action on July 3. He reported that the appraisal for the Barnes property is $//,//// per acre.
Action: The Board approved a
motion to return to open session. – End of General Account 14. Adjournment – There being no further business for the evening, the June 19, 2001 meeting of the Holly Springs Board of Commissioners was adjourned following a motion at 11:00 p.m. by Commissioner Atwell, a second by Commissioner VanFossen, and a unanimous vote. Respectfully Submitted on Tuesday, July 3, 2000,
Joni Powell, CMC Town Clerk Addendum pages, as referenced in these minutes, follow and are a part of the official record of this meeting. |