Town of Holly Springs
Board of Commissioners Regular Meeting
Tuesday, June 5, 2001

MINUTES

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, June 5, 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 7:42 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 VanFossen, Peter Atwell and Hank Dickson and Mayor Womble.

Board Members Absent: None.

Staff Members Present: Carl G. Dean, town manager; Ernest C. Pearson, town attorney; Joni Powell, town clerk (recording the minutes); Stephanie Sudano, director of engineering; Gina Bobber, director of planning and zoning; Drew Holland, finance director; Jennifer Carr, director of economic development; and Katie McDonald, environmental engineer. Len Bradley, director of parks and recreation, arrived at 8:10 p.m.

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

4. Agenda Adjustment - The June 5, 2001 meeting agenda was adopted with changes, if any, as listed below.

5a. Public Hearing: FY 2001-02 Budget - Mr. Dean had explained in Agenda Notes that the subject budget of the public hearing represents his recommended budget with adjustments directed by the Board of Commissioners during the May 22 budget workshop: speed control devices for Cayman Avenue have been added; a contribution to the SPCA for its new animal shelter has been added; and revenues and expenditures have been adjusted to reflect the slightly higher garbage collection rates to facilitate the option of having Holly Springs garbage exported to Sampson County by Waste Industries.

Mr. Dean explained that the purpose of the public hearing is to give citizens a chance to provide comments on the budget. He added that during the week the budget had been available for public inspection (and so advertised), but there were few inquiries.

Mayor Womble opened the public hearing. No comments were offered.

There being no comments, the public hearing was closed.

5b. Public Hearing: Ordinance 01-12 - Ms. Bobber explained that the subject zoning ordinance proposal was requested by the Town Board and would add modular or manufactured temporary public office units as a permitted use in the Town Center Mixed Use zoning district.

Ms. Bobber explained that existing permitted uses in the TC-MU District include public buildings and offices; however, the Zoning Ordinance specifically calls out temporary modular offices as a specific use and does not include them as a permitted use in the TC-MU District. She added that the amendment was prepared to allow the Town to place temporary modular or manufactured offices in this district during renovations to the existing Town Hall.

Ms. Bobber reported that the Planning Board reviewed the amendment and suggested that permits would need to be renewed after two years so as to ensure that the building is "temporary" and does not become "permanent."

With that explanation completed, Mayor Womble opened the public hearing and no comments were offered for or against the zoning amendment proposal.

There being no comments, the public hearing was closed.

6a. Ordinance 01-10: FY 2001-02 Budget Ordinance - Mr. Dean explained that adoption of Ordinance 01-10 would put into place the FY 2001-02 town operating budget, along with its supporting revenues and fees.

Covering the basic points of the budget ordinance, Mr. Dean reported that the General Fund balances at $8,373,475 while the Utility Fund balances at $5,042,650. The General Fund would be funded, in part, by a 53-cent advalorem tax rate applied to the Town's tax base and assuming a 98% collection rate.

He said the spending plan features a 3% cost of living adjustment for all town employees and members of the Board of Commissioners, and a merit program and longevity pay is included in the salary sections of the budget. Mr. Dean pointed out that the Town also included a $25 contribution toward each employee carrying dependent health care coverage to help offset this year's premium rate increase.

Following the budget workshop on May 22, Mr. Dean said, the proposed budget was further adjusted as directed by the Board. Added to expenditures were speed control devices to be installed on Cayman Avenue; a $10,000 contribution to the SPCA for its new animal shelter on Tryon Road; and a change in the garbage and recycling service fees to $12 per household per month, which will allow the Town to transport its garbage to Sampson County beginning July 1.

Commissioner Sack asked that when the Town makes its contribution to the SPCA that an agreement be drawn stating that Holly Springs would be allowed to use the facility for the housing of animals when needed.

Commissioner Atwell asked Mrs. Sudano to explain how would the $30,000 in the Engineering Department's professional services line item be spent. She explained that the line item provides for professional services tied to projects that are unexpected but come up during the year.

Commissioner VanFossen asked if the Town Manager had considered a reduction in the water rates. Mr. Dean said when staff looked at adjusting the rates, staff considered the Town's considerable debt service, and feels it would be difficult to lower the rates at this time. Mr. Dean suggested that the Town examine the idea next year after the Town has had an opportunity to determine how much usage will be through the Harnett line and whether or not the Town can afford to lower the rates and still meet its financial obligations.

Commissioner VanFossen asked if improvements to the intersection of Hwy. 55 and Holly Springs Road are included in the budget. Mrs. Sudano explained that money is included in the budget for design of intersection improvements, and that NCDOT has indicated it would provide "safety funds" for construction if the Town were to provide the design.

6b. Ordinance 01-11 - The Board approved a motion to adopt Ordinance 01-11, a separate ordinance setting the water and sewer rates for FY 2001-02.

6c. Ordinance 01-12: Allowing Modular Units in TC-MU -The Board approved a motion to adopt Ordinance 01-12 to allow public temporary modular or manufactured units in the Town Center Mixed Use zoning district with the addition of the words "with Zoning Permit renewal required after two (2) years"

6d. Flood Plain Letter - Mrs. McDonald explained to the Board that the State of North Carolina, through a partnership with the Federal Emergency Management Agency, has been designated as the first Cooperating Technical State (CTS). As a CTS, the State of North Carolina will assume primary ownership and responsibility of the Flood Insurance Rate Maps (FIRMs) for all North Carolina communities as part of the National Flood Insurance Program (NFIP), she said.

As a result, the State is undertaking a project that will include conducting flood hazard analyses and producing updated, digital FIRMs. She said the current status of the State flood mapping program as it relates to Holly Springs is the Final Basin Plans for the Neuse and Cape Fear River Basins, which will be published in the near future, and the work to re-study the flooding sources will begin shortly.

Mrs. McDonald added that Wake County is currently leading an initiative to have a layer of flood plain information prepared based on future build-out conditions across the County. FEMA's standards for flood insurance and FIRMs require that flood plain mapping be prepared based on current land cover/use. However, because of the rapid pace of growth in Wake County, and especially in Holly Springs, significant increases in both the area and flood elevations associated with the 100-year flood have occurred each time there has been a new flood study, Mrs. McDonald explained. She added that Town staff agrees with Wake County staff and other professionals that this will continue to happen with this update unless a layer of the flood plain mapping is based on proposed build-out conditions as depicted in the Town's 10-Year Comprehensive Growth Plan.

Mrs. McDonald said staff is requesting that the Town Board authorize a letter be sent to Mr. John Dorman, allowing Holly Springs to join Wake County and other local governments in petitioning the CTS committee to include future build-out conditions in the current flood mapping projects in the Neuse and Cape Fear River Basins.

Commissioner Schifano asked if the Town's 10-Year Plan could me amended or if using the Plan in the mapping would somehow prevent future amendments to the Plan. Mrs. McDonald explained that the 10-Year Plan could be amended at any time, but that the Town would have to keep in mind that the mapping layer may not be as accurate. She said a mapping layer with the 10-Year Plan incorporated, even if it changes, would be better than a map with no development build-out taken into consideration at all.

6e. 01-ZPF-03: Sunset Spring Apartments - Ms. Bobber explained that the applicant is proposing to construct a 2-story, 9,960-square-foot apartment building designed for elderly residents. The project is anticipated to contain 40 units (32 one-bedroom and 8 two-bedroom units). Each unit would have one or two bedrooms, a full kitchen and living room. Common areas would include multi-purpose rooms and lounges, a library and laundry facilities, she added.

Since this project is located within the Arbor Creek Planned Unit Development, it is subject to all requirements of the Arbor Creek PUD Master Plan, Ms. Bobber noted, adding that the Master Plan calls for this portion of the development (between Firefly Road and Commons Drive along Sunset Lake Road) to contain a maximum of 50 multi-family units. Multi-family in the Arbor Creek PUD is defined as townhomes, apartments or assisted living units.

Since the Arbor Creek PUD Master Plan does not provide for specific lot dimensional criteria for multi-family residential developments, this project is being reviewed using the Town's Multi-Family District and dimensional requirements, Ms. Bobber said.

She explained that this site is upstream of several areas that have drainage concerns. The plan has included detention of run-off as part of the site, and the detention pond has been designed to handle a 23-year storm.

The plans as submitted meet all general zoning and engineering requirements, Ms. Bobber said, adding that the applicant has requested to pay a fee-in-lieu-of dedication of open space for this project.

Ms. Bobber reported that the Planning Board had reviewed the plan and recommends approval with conditions. She said staff also recommends approval with conditions.

1. If upon inspection by the Department of Planning & Zoning once site clearing and grading is complete, additional plantings may be required to be provided in the perimeter buffers to meet the Town's landscape requirements. The contractor is to schedule inspection upon completion.
2. Please provide a sealed engineer's estimate for the items you are requesting a fee-in-lieu for in the format shown in the attached example.
3. Payment of fee-in-lieu of dedicating open space in the amount of $650/unit is to be provided upon application for building permit.
4. Construction drawings and erosion control drawings must be approved prior to construction's beginning. The following (2) items are to be included on construction drawings (later in the approval process):
   1. The Town is evaluating the implementation of a "Middle Creek Bridge fee-in-lieu-of-assessment." Note that lots developed as part of this plan would be subject to such fee if it were adopted.
   2. Improvements to the downstream pump station will be required to support this and other development. Financial participation based on flow would be required.
      1. If the natural undisturbed 30-foot buffer is indeed disturbed, the site plan will come back to the Board for further review and instructions as to replacement of vegetation and buffers.
      2. Landscaping will be required around the detention pond, and a grass basin will be required.
      3. Fencing should be installed around the perimeter of the detention pond bank.