|
Town of Holly Springs MINUTES The Holly Springs Town Board of Commissioners met in regular session on Tuesday, July 17, 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 7:32 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); Gina Bobber, planning and zoning director, Cecil Parker, chief of public safety; Drew Holland, finance director; and Alycia Bailey, planner. 2 and 3. The pledge of allegiance was recited, and the meeting opened with a moment of silent meditation. 4. Agenda Adjustment – The July 17, 2001 meeting agenda was adopted with changes, if any, as listed below.
Motion Made By: Dickson 5. Public Hearing: Ordinance 01-14 – Ms. Bobber reported that Staff received a request from Spaulding & Norris on behalf of Bob Griffin of G&G Properties, to amend the Town’s Zoning Ordinance to permit industrial uses in the Planned Unit Development Overlay District. Currently, these uses are not allowed, which would prohibit G&G Properties from submitting an application to create an Industrial Park PUD for their property adjacent to the Holland Industrial Park. Staff feels that many of his concerns regarding our industrial zoning districts will be addressed with the adoption of the new ordinance next year; however, the applicant is wishing to move forward on his project in the near future. A PUD with the proposed amendment would be the only way today to review such project, Ms. Bobber added. With that explanation completed, Mayor Womble opened the public hearing. There were no comments for or against the ordinance amendment. The public hearing was closed. 6a. Ordinance 01-14: Amend Zoning Ordinance – Ms. Bobber had reported to the Board that both Staff and the Planning Board recommend adoption of the ordinance. Action: The Town Board approved a motion to adopt Ordinance 01-14 (Zoning Ordinance Amendment
01-ZOA-01) to amend Section 9-4040.2.3 Allowable Uses to delete from part (a) “except those uses only permitted in the I-1 (industrial) District.” 6b. Architectural Firm Committee – Mr. Dean reported that the town had received 10 responses to its request for qualifications for design services in connection with the Town Hall project. He said he would suggest that the Board consider establishing an RFQs review committee made up of a few members of the Board, staff members and members of the Holly Springs Development Corporation to help select an architect for this project.He added that he would hope to have a firm selected for recommendation to the full Board by Aug. 21. Commissioner VanFossen requested to be placed on this committee, as did Commissioner Atwell and Mayor Womble. The Board, by consensus, agreed to endorse a review committee and designated Commissioners VanFossen and Atwell and Mayor Womble to represent the Town Board on this committee. 6c. Parks Subcommittee – Mr. Bob Glasser, chairman of the Holly Springs Parks and Recreation Advisory Committee reported to the Town Board that the committee decided on July 12 to appoint a steering subcommittee to oversee the development plans for Jones Park behind Holly Springs Elementary School.The Parks Committee would like to make the appointments to this subcommittee and desires the Town Board’s endorsement of the proposal, he said. The subcommittee would consist of members representing Holly Springs Elementary School, the HSES Parent-Teacher Association, the Parks Committee, and a senior citizen. Mr. Glasser said the committee would welcome input from the Town Board as to suggested membership on the subcommittee.
Action: The Board approved a proposal to form a Parks and Recreation Advisory Committee subcommittee
expressly for the development of Jones Park. 7. Consent Agenda – All items on the Consent Agenda were approved following a motion by Commissioner Sack, a second by Commissioner Dickson and a unanimous vote.The following actions were affected: 7a. Zoning Administrator – Alysia N. Bailey was appointed as a Zoning Administrator to enforce the provisions of the ordinance. 7b. Resolution 01-20 – Resolution 01-20 designating Mr. Paul C. Jacobson as the Town’s bond counsel for legal services related to the August bond sale was adopted. 7c. Resolution 01-21 – Resolution 01-21 designating the Town Manager as authorized to sign construction contracts for the Raleigh/Earp Street/Holly Acres sidewalk project was adopted. 7d., e., and f. – Budget Amendments – The following budget amendments were adopted: a $21,000 budget amendment accepting and assigning funds in the current budget for a grant received from the Holly
Springs Coalition for Youth and Families. The funds are to be used for the purchase of a van for transportation in the Town’s various parks and recreation programs; a $1,100 budget amendment applying to the last fiscal year’s budget to accept insurance proceeds and then assign those funds for the repair of a vehicle in the parks and recreation department; a $50,000 budget amendment applying to the current budget to move retained earnings funds to the engineering department to pay for the relocation of a waterline. 7g. Minutes – Minutes of the Board’s regular meeting held on July 3, 2001 were approved. Unfinished Business (Added at Agenda Adjustment) Ms. Bobber had provided this background information in the July 3, 2001 Agenda Packets: On January 16, 2001, the Town Board of Commissioners approved the Site Plan and Zoning Permit for the Wyncrest Commercial building.One of the conditions of approval was that revised elevations were to be submitted for review and approval by the Planning Board and Town Board. Concerns that were addressed regarding the previous elevations were the void in detail, materials, and the visibility of the roof from the north. The elevations have been revised and submitted for Planning Board and Town Board review. The elevations have been modified in accordance with the requests of the Town Board.The front building elevation has been modified to offset the façade of the building by including a 1’ relief in the center section of the building. The primary building material will be red brick with beige brick accents through soldier coursing on the front, sides, and rear of the building and the creation of accent “quoins” on the building corners. Dark green canvas awnings will be placed over the entrance doors into each unit and the window and door trim will be dark green aluminum.The rear façade has been modified to include a parapet wall that extends to match the height of the parapet walls on the front and side of the building which will eliminate the view of the roof line and any roof top equipment. Ms. Bobber had reported that both the Planning Board and Staff recommend approval of the elevations with conditions as noted in the Agenda Notes, those conditions being: 1.That all previous conditions of Approval as set by the Town Board are to be completed; and 2.That additional architectural details around the “knock out” panels on the west elevation are to be finalized with Staff. During discussion on July 3, the Board had expressed dissatisfaction in the elevation as it pertains to the side of the building facing Hwy. 55. Commissioners asked that new elevations be provided for review on July 17. Mr. Glen Futrell, developer of the Wyncrest Commercial site addressed the Board. Mr. Futrell said he did not have new elevations but he wanted to address the Board’s concerns since he was not available at the July 3 session. He said he felt the new elevations represent a lot of thought and would result in an attractive commercial building and was in keeping with what the Town has planned for the Hwy. 55 corridor. He said he felt any more changes to the building may prove cost prohibitive. Mr. Futrell said the site plan illustrates that the buildling is not as horizontal and boxy as the Town Board may perceive from the elevations. Commissioner Schifano asked if anything additional could be done to make the rear of the building look more like a front since it would be situated with the back of the building facing Hwy. 55. Mr. Futrell pointed out that landscaping and development of neighboring property would ultimately hide any improvements to the design of the rear of the building. Commissioner Dickson said he felt the north elevation of the building needs to be redesigned to look closer to how the southern elevation looks so that the appearance of the rear of the building is less severe. Mr. Brian Van Horn of Bobbit and Associates addressed the Board to describe what changes had been made to the original architectural drawings in an effort to satisfy the Board’s originals comments. Commissioner Sack said the developer has responded to Board directions and has been working with staff to provide a plan that would be more appealing.He added that the rear of the building would be situated behind an opaque buffer.He said he felt the elevations represented a rather attractive building and he urged the Board to give its approval. Commissioner Schifano said he felt the issue at hand in this case is the high-visibility of the rear of the building from Hwy. 55 and that it was reasonable to ask for the developer to make further design changes to the back of the building. He added that he did not feel the changes had to be significant; perhaps just the addition of awnings would be enough, he suggested.. Mr. Futrell said he would be willing to make a few cosmetic changes, but no structural changes. Commissioner VanFossen suggested that the rear could be improved with brick work and paint. Commissioner Atwell said he felt the rear simply needed to be dressed up to be something other than a straight brick wall, but he did not feel the changes had to be so extensive as to be cost prohibitive. Commissioner Sack said he felt if cosmetic changes were made to the rear of the building without significant cost, the Board would be satisfied. Commissioner Atwell agreed. Action: The Town Board approved a motion to defer action until new elevations are provided on Aug. 7. 8. Public Comment – At this time an opportunity was provided for members of the audience to address the Board on any variety of topics not listed on the night’s agenda. The following comments were offered: None 9. Other Business a. RAL Contribution -- Commissioner Schifano asked that Commissioner VanFossen rescind his July 3 motion to pay the $850 filing fee for Residents Against the Landfill because it had been paid. 9b. RAL Contribution – The Board discussed allowing the $850 to be used by RAL for other legal expenses. 10. Manager’s Reports – Mr. Dean responded to an inquiry from Commissioner Atwell regarding the amount of waste collected in Holly Springs.He also reminded the Board about the developers meeting and the economic development workshop. He explained that the sod, trees and bushes had been removed from the rear Town Hall yard to make room for the temporary office units being delivered.He added that the landscaping was moved and replanted at the new Public Works facility.He reported that the Town had submitted its application to the Local Government Commission for approval of the building purchase.He also reported that the new town logo was being applied to Town vehicles. 11. Closed Session – The Board approved a motion to go into Closed Session, pursuant to G.S. 143-318.11(a)(3), to discuss with counsel pending litigation, particularly the Joel Williams vs. Holly Springs; the Wake County vs. Holly Springs; and the Don Davis vs. Holly Springs matters. General Account Closed Session – July 17, 2001 Mr. Pearson provided information to the Board regarding the padlocking of Don Davis’ business. He reported that the Joel Williams condemnation case was forthcoming.He explained that the Town’s assigned attorney in the case, Dan Cahill, was considering a move to another law firm and that his decision may result in a possible conflict of interest.He asked for the Board’s direction.The Board directed that the Town retain Cahill in the Joel Williams case because he is so familiar with the workings.The Board also directed Mr. Pearson to assist in the courtroom. The Board discussed pending pleadings in the Wake County case. Mr. Pearson reported that the Wake County attorney is urging that the Town drop its “clean hands” pleading in which the Town contends Wake County purposefully and intentionally misled the Town in the early 1990s by calling the South Wake Landfill project an “expansion” of the Feltonsville site. Mr. Pearson advised that the Town may be subject to paying attorney fees if the Town does not take it out. Mr. Pearson pointed out that the Town could drop the “clean hands” pleading and then add if back in if there is discovery that indicates that it should be in there. Mr. Pearson also noted that Mr. Cahill is concerned because he also could be held personally liable for attorney fees if the case is not successful. Commissioner Schifano suggested that the Town claim the “clean hands” pleading on other things, rather than the County’s use of the term “expansion.” In the end, the Board directed that the Town retain the clean hands doctrine as is and that the Town would provide reimbursement to Mr. Cahill should he be held personally responsible for paying the County’s attorney fees. – End of General Account Commissioner VanFossen asked that the Board take his architectural experience and expertise seriously as he is trying to improve the process for getting quality projects in Holly Springs. 12. Continuation – There being no further business for the evening, the July 17, 2001 meeting of the Holly Springs Board of Commissioners was recessed and scheduled to reconvene at noon Friday, July 20, 2001 in the Board Room of Town Hall for an Economic Development Workshop. The continuation of the meeting followed a motion at 9:58 p.m. by Commissioner Schifano, a second by Commissioner Atwell, and a unanimous vote. Respectfully Submitted on Tuesday, Aug. 21, 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. |