Town of Holly Springs
Board of Commissioners Regular Meeting
Tuesday, August 21, 2001

MINUTES

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, Aug. 21, 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 7:33 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; Len Bradley, director of parks and recreation; Stephanie Sudano, director of Engineering; Cecil Parker, chief of public safety; and Thomas Tillage, director of water quality.

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

4. Agenda Adjustment – The Aug. 21, 2001 meeting agenda was adopted with changes, if any, as listed below.
Motion Made By: Dickson
Motion Seconded By: Sack
Vote: Unanimous.

Items Added to Agenda: None

Consent Agenda Items Removed: None

Other Changes: None.

5a. Public Hearing: 01-REZ-05 – Ms. Bobber advised the Board that the Town has received a petition filed by William I. Shankle of Tri‑South Development, Inc. on behalf of the property owner (Potter). The subject rezoning would change the zoning of 7.0 +/‑ acres on the north side of Holly Springs Road directly to the east of the approved Middle Creek Subdivision and north of the Holly Ridge Elementary and Middle School site that is currently under construction from R‑20: Residential/Agricultural District to R‑10: Single and Multi‑Family Residential District.

Ms. Bobber said the proposed zoning district is compatible with the surrounding zoning since the majority of the adjacent property is currently zoned R‑10. This district is also consistent with the Comprehensive Growth Plan which has this land designated for Medium Density Residential (2 to 5 units/acre), she added.

Ms. Bobber reported that the Planning Board and staff had reviewed the petition. The Planning Board recommends approval of the request, she said.

With that explanation completed, Mayor Womble opened the public hearing. There were no comments offered for or against the petition, and the public hearing was closed.

5b. Public Hearing: 01-REZ-06 – Ms. Bobber explained that the Town had received a petition for rezoning from Mr. William I. Shankle on behalf of the property owner (Dockery) that would complete the zoning of the northwest corner of Sunset Lake Road and Holly Springs Road to commercial. This particular property (0.46 acres) was not included in a rezoning request earlier this year since the property owner wanted to wait until there was a commercial user interested in the area before having his property rezoned to Commercial, Ms. Bobber said. The Town now is in the process of reviewing a commercial project for this area, and the rezoning is necessary for further review of the plans.

This property is located within a Neighborhood Village District (NVD) as designated on the Comprehensive Growth Plan.

Ms. Bobber reported that the Planning Board and staff had reviewed the petition. The Planning Board recommends approval of the request, she said.

With that explanation completed, Mayor Womble opened the public hearing. There were no comments offered for or against the petition, and the public hearing was closed.

*Note 1: The next three public hearings are related to one another. The Town has received various petitions for the creation of a townhome development called “Brookdale Village” on a tract previously approved for the proposed Spencer’s Trace development by another developer. The development plans have changed and the new developer proposes to add 3.14 acres (to be removed from the Saddle Ridge development plan) to the project. For the total new project to receive Town approval, the following three steps must be followed in this order: (1) amend the Land Use Plan to designate the additional 3.14-acre tract as high-density residential; (2) rezone the smaller tract from R-20 to R-10; (3) issuance of a Special Use Permit for multi-family complexes/townhomes for the new development plan. All three steps require public hearings, and each approval is contingent upon approval of the previous step.

*Note 2: Newspaper advertising of the next three public hearing was provided; however, it appears that mailed notices to adjacent property owners were not delivered. Therefore, Ms. Bobber asked the Board to hold the public hearings as scheduled but to continue them to Sept. 4 so that neighboring residents could be notified and heard.

Having explained the notice situation, Ms. Bobber asked members of the audience if anyone was present to speak during any of the three public hearings. There being no response, Ms. Bobber suggested that she delay detailed introductions of the topics until Sept. 4 when the public hearings would be continued.She asked the Board to open and continue the public hearings.
Action: The Board approved a motion to open each of the three public hearings simultaneously and to continue each of them until Sept. 4.
Motion By: Dickson
Second By: Sack
Vote: Unanimous

6a. Rezoning Petition 01-REZ-05; Shankle R-10 – The Board approved a motion to grant approval to Rezoning Petition 01-REZ-05 to change the zoning of 7.0 +/‑ acres for PIN 0659.14‑44‑8184 from R‑20: Residential/Agricultural District to R‑10: Single and Multi‑Family Residential District as submitted by William I. Shankle of Tri‑South Development, Inc.
Motion By: Sack
Second By: Atwell
Vote: Unanimous

6b. Rezoning Petition 01-REZ-06; Shankle C-1 – The Board approved a motion to grant approval to Rezoning Petition 01‑REZ‑06 to change the zoning of 0.46 acres for PIN 0659.02‑97‑3397 from R‑20: Residential/Agricultural District to C‑1: Commercial District as submitted by William I. Shankle of Tri‑South Development, Inc.
Motion By: Sack
Second By: Atwell
Vote: Unanimous

6c., d and e.Brookdale Village Items – The Board approved a motion to defer action on these items until after the public hearings on Sept. 4.
Motion By: Atwell
Second By: Sack
Vote: Unanimous

6f. Town Hall Architect – Mr. Dean explained that the town received 10 responses to its request for qualifications for design services in connection with the Town Hall project. A committee including Commissioners VanFossen and Atwell and Mayor Womble along with staff members and members of the Holly Springs Development Corporation were charged with reviewing the proposals and interviewing firms, he said.Six firms were interviewed, he added.

Mr. Dean said the committee’s favored firm is Little & Associates of Research Triangle Park, and he introduced representatives of the firm to the Board, who provided the Board with a brief audio/visual presentation detailing the company’s experience with municipal design work and traditional architecture.

Following the presentation, Mr. Dean asked for the Board’s consideration of the committee’s recommendation.
Action: The Board approved a motion to select Little & Associates of Research Triangle Park to provide architectural services for the construction of a new Town Hall and authorize staff to enter contract negotiations, which would be subject to final approval of the Town Board.
Motion By: Atwell
Second By: Sack
Vote: Unanimous

6g. Traffic-Calming Criteria – Chief Parker addressed the Board, citing a proposed set of traffic calming criteria and guidelines for addressing citizen concerns about traffic speeds in residential neighborhoods. The document was compiled by Chief Parker with the assistance of other communities that have adopted the same criteria. He said the document would be used in conjunction with police patrols and enhanced signage.

The criteria basically sets out what conditions should exist before pavement is altered to control speeds. The guidelines also require financial participation by residents who would benefit from the installation.

During discussion, Commissioner Dickson expressed reluctance at charging residents 25% of the cost. He also suggested that the Board make commissioner approval permissive instead of definite in the language of the proposed criteria.

Commissioner VanFossen said he felt the revenue-sharing was a good idea to separate out those projects that residents want badly enough to assist in paying for them. The cost to residents would be minimal, he pointed out.

Commissioners questioned the definition of 25% of property owners requesting a speed bump. Chief Parker said the number would include property owners on the subject street and the culs-de-sac that adjoin or feed onto it.

Commissioner Atwell asked who would be responsible for vacant lots in developing subdivisions. Property owners of those lots would likely be a builder, the chief said.

Commissioner Dickson stressed that he didn’t think he should have to pay more for a safe environment and that speed bumps would be cheaper than providing extra traffic enforcement.

Commissioner Atwell said he would be in favor of going forward with adopting the policy with the omission of requiring residents to provide 25% of the cost of speed bump installation.

Commissioner Schifano suggested that the Board place a limit on the amount of funds that would expended in each year on speed bumps.Chief Parker suggested that the Board could add the words “and approval is subject to available funding” in the policy.

Chief Parker reported that asphalt speed bumps cost about $500 each.

Mr. Dean suggested that the Board use the $6,000 in this year’s budget to install speed bumps at targeted areas and see how it goes and perhaps transfer more funds at the end of year if needed.

Action: The Board approved a motion to approve the traffic-calming devices criteria and policy with the deletion of 3c (requiring 25% cost participation) and the use of discretionary wording for “all the above criteria must be met in order for the Board of Commissioners (add, in its sole discretion,” to approve the project.”

Resident Glenn Myrto asked to address the Board before a vote was taken. Mr. Myrto pointed out that a visible speed trailer would slow traffic speed down and give false information on which to base the 50% vehicle count for speeders.He said 50% was too high of a percentage and believed 30% would be better. He also questioned why a homeowners association approval was necessary.

Chief Parker responded that the speed trailer provides more accurate information because other devices do not differentiate between types of vehicles (bikes vs. cars). Because other devices measure all wheeled devices that cross the traffic counter, the total number is higher, and it would be more difficult to reach the 50% mark. The speed trailers, the chief said, do slow traffic, which is a goal, but it also provides enough information that bikes and skateboard can be discounted.

Chief Parker said homeowner association approval was included simply because homeowner associations often will pay the residents’ share of the cost if the homeowner association is in agreement that the speed bumps are necessary.

Mr. Myrto said he feels requiring residents to pay 25% of the cost is reasonable as long as the Town would not penalize those who request speed bumps but who cannot convince all property owners to share in the cost.
Action: Commissioner Dickson amended his original motion to delete from the policy that traffic speeds would be determined by the speed trailer in 2a of the draft.
Motion By: Dickson
Second By: Atwell (original motion and amendment)
Vote: 4-1. Commissioner Sack said he felt requiring 25% cost participation among residents was acceptable.

6h. Developer Agreement – Mrs. Sudano explained that the developer of a tract of land (approximately 34.27 acres) on Kildaire Farm Road has approached staff with preliminary discussions regarding development of the property.

In order to develop the property, offsite water and sewer extensions will be required. The water and sewer extensions would connect to the recently‑installed Fair Share utility lines, and the developer has requested that the Town enter into a developer agreement which would provide credits against development fees (acreage fees and capacity replacement fees) in exchange for the extension of those off-site improvements.Following is a brief summary:

  • The project will require the extension of approximately 2,750 feet of offsite 12" ductile water main from the intersection of Holly Springs Road and Kildaire Farm Road northward to Ness Drive;
    • The estimated cost of construction for the off site water main is $125,850;
    • Credits shall be provided to the developer against the a portion of the water acreage and water capacity replacement fees due for the project at the time of development (in accordance with the development fee schedule in effect at the time of approval of the development);
    • Reimbursements for this project shall not exceed the approved cost of construction of the project described, and shall not exceed the amount of credits available.
  • The project will require the extension of approximately 2,850 feet of offsite 8" gravity sewer main from an existing gravity sewer main northwest of Circle Drive;
    • The estimated cost of construction for the water main is $120,120;
    • Credits shall be provided to the developer against sewer acreage and sewer capacity replacement fees due for the project at the time of development (in accordance with the development fee schedule in effect at the time of approval of the development);
    • Reimbursements shall not exceed the approved cost of construction of the project described, and shall not exceed the amount of credits available.
  • There are several other items that the developer proposes be included in the developer agreement:
    • Developer will seek rezoning of the property within 6 months of annexation, which is planned to occur beginning in October.
    • The agreement shall only be enforceable if and when a Town‑approved development plan is approved for the site;
    • This agreement shall require that the site be annexed into the Town on or before November 15, 2001 for it (the agreement) to remain in effect;
    • Assistance with the acquisition of offsite sewer easements, should they be unable to secure those easements;
    • The developer is requesting the reservation/guarantee of water and sewer capacity for the project... developer would provide letter of credit to the town for the number of units that could be placed on the property in exchange for a guarantee for five years that capacity would be available.
Mrs. Sudano noted that since the total number of units is unknown at this time (because a development plan has not yet been presented), the final amount of credits available for the projects above shall be determined after a development plan is approved. The total amount of credits available shall be based upon the amount of acreage and capacity replacement fees due for the project at the time development occurs.
Action: The Board approved a motion to endorse in concept a developer agreement with the developer of approximately 34.27 acres on Kildaire Farm Road for the extension of water and sewer lines in exchange for fee credits to be determined after a development plan is submitted to the Town and to authorize staff to enter into that agreement when it is finalized.
Motion By: VanFossen
Second By: Sack
Vote: Unanimous

6i. Solid Waste Committee – Mr. Dean said that at the Board’s Aug. 7 meeting, Anne Allen of Residents Against the Landfill addressed the Board asking that the Town consider implementation of various programs and strategies to reduce its solid waste stream. The Board agreed with Commissioner Dickson that an ad hoc citizens committee be formed to research various ideas and to report back to the Town Board.

Since that time, two residents have expressed an interest to Commissioner Dickson about serving on this committee:>Walt Hudyma and Heidi Massey.

The Town Manager asked that the Board solidify a direction for this committee and its membership structure.He also pointed out that details such as>the longevity of the committee, staff involvement, and the exact role the committee is expected to play needed to be finalized.

In discussion, Commissioner Dickson said he felt the structure of the committee should mirror the parks and recreation committee with nine members.

The Board agreed that the Town Manager would provide ideas for structure.

Commissioner VanFossen summarized that the committee should investigate realistic goals for the Town to consider in reducing its waste stream.

No Action Taken

7. 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:

7a.bResolution 01-25 – Resolution 01-25 accepting financing terms offered by BB&T for a $481,000 lease purchase of vehicles and equipment for the Town at an annual interest rate of 3.89% for three years (including Schedule A listing the equipment/vehicles to be purchased and the bid prices) was adopted.

A copy of Resolution 01-25 is incorporated into these minutes as addendum pages.

7b. Budget Amendment, $2,785 – A budget amendment in the amount of $2,785 to receive insurance proceeds for the repair of a damaged firetruck was adopted.

A copy of the budget amendment is incorporated into these minutes as an addendum page.

7c. Minutes – Minutes from the Board’s regular meeting held on July 17, 2001 and the continued portion of the same meeting held on July 20, 2001 were approved.

8. 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:

Sunset Ridge Pump Station -- Residents of Sunset Ridge Subdivision who reside in the vicinity of a Town pump station upgrade addressed the Board regarding the project, which is located behind Sky Brook Drive.
Residents said many of them bought lots with the knowledge that the pump station existed and that it would be upgraded; but that they did not know that the upgrade would result in such a larger, more intrusive site than what exists. They reported that they brought their concerns to the Town some time ago, and, after many meetings were assured that the project would be altered to make the pump station site much less intrusive. Since then, however, the Town has learned from the contractor that the changes discussed would be cost-prohibitive, estimated in the $350,000 range.
After much discussion at the meeting, the residents asked the Town Board to make changes in the plan that would minimize the impact of the size of the fenced-in facility; the appearance (fencing) of the site; the noise and intrusion of the generator; and the visibility of the crane. Specifically, the residents asked the Board to reduce the area significantly by reconfiguring the fencing; save the trees that surround the site; apply mufflers and any other sound-reducing devices possible on the generator; to provide odor elimination equipment; and to augment proposed landscaping significantly.
Mrs. Sudano reported that he has been meeting with the residents and is working with a list of objectives provided by them to have as many of those objectives investigated as possible.She said she would have more information and firmer cost estimates later in the week. She said she felt most of the residents’ concerns could be addressed except for the physical relocation of the pump station as originally requested.
Action: By consensus, the Board directed that the issue be included on the Sept. 4 meeting agenda for a report and recommendation.

Van Crandall, 4813 Salem Ridge Road – Mr. Crandall said he attended the Wake County Board of Adjustment hearing for a Special Use Permit application for a construction and demolition landfill near Apex.He asked that the Town Board consider directing staff and officials to make a presentation to oppose the Board of Adjustment’s ruling at the next Wake County Commissioners meeting.He said opposition would be on the basis that waste-hauling traffic would have a negative impact on Holly Springs.He asked that appropriate Town staff meet with Apex officials to advise them of potential negative impacts of the facility and to recruit their partnership in appearing before the Wake County Board of Commissioners to oppose the project. He also suggested that the Town hire a geologist to study the subject property so that the State would not issue a permit. He said he knows of someone who is interested in doing the work.
Much discussion followed. It was communicated to Mr. Crandall that the Wake County Board of Adjustment’s ruling was final and that the issue before the Wake County Board of Commissioners is not the site permission, but the franchise agreement.
The Board determined that Mr. Crandall could make contact with the geologist and bring back a cost figure for the Board to consider.
No action taken.

9. Other Business: None.

10. Manager’s Reports – Mr. Dean introduced Chuck Simmons, who will begin duties in Holly Springs as assistant town manager in September.Mr. Dean also reported to the Board that the latest street maps of Holly Springs were available for distribution.

11. Closed Session – None.

At this time, the Town Attorney reported that the second reading of a house bill calling for the creation of local wastewater authorities with each municipality’s having one vote had been held. He predicted the bill would pass from the House but would then meet opposition in the Senate from Sen. Rand.

Commissioner Atwell pointed out that the property on Hwy. 55 owned by Bill Jenkins had been clear-cut. He asked if the Town could get correct legislation so that buffers required by local ordinance are protected. He also asked if someone could provide him with written material proving that the forestry service law supercedes local ordinance.

12. Adjournment – There being no further business for the evening, the Aug. 21, 2001 meeting of the Holly Springs Board of Commissioners was adjourned following a motion at 10:35 p.m. by Commissioner Atwell, a second by Commissioner Sack, and a unanimous vote.

Respectfully Submitted on Tuesday, Sept. 18, 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.