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Town of Holly Springs MINUTES The Holly Springs Town Board of Commissioners met in regular session on Tuesday, Aug. 7, 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 7:30 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; Stephanie Sudano, director of engineering; Larry Boykin, assistant finance director; Len Bradley, director of parks and recreation; and Jennifer Carr, director of economic development. 2 and 3. The pledge of allegiance was recited, and the meeting opened with a moment of silent meditation. 4. Agenda Adjustment – The Aug. 7, 2001 meeting agenda was adopted with changes, if any, as listed below. Items Added to Agenda: Consent Agenda Items Removed: Item 9c., approval of the annual auditing contract with Duke & Abbott, was removed for discussion under new business. Other Changes: None. 5a. Public Hearing: Annexation A01-04 – The Town Clerk explained that a few years ago, Sunset Forest LLC submitted a voluntary annexation petition for a large tract of land that has developed into Sunset Ridge North Phase 3. As the subdivision was built, five lots at the end of Kingsport Road were inadvertently drawn across the boundary of the annexation.Consequently, those lots lie either entirely or partially outside the town limits of Holly Springs, she said. To rectify the error, the town requested the cooperation of the five property owners in getting their lots inside the town limits.Of the five, four owners submitted voluntary annexation petitions for their lots. The owners of 401 Kingsport Road chose not to assist, and the “donut hole” that will result will have to be forced-annexed by the Town, either by involuntary annexation procedures or by a bill in the General Assembly. In the meantime, the other four property owners have been very helpful, the Clerk said, adding that the four petitions meet all the statutory requirements for voluntary annexation. With that explanation completed, Mayor Womble opened the public hearing. The following comments were recorded: None. The public hearing was closed. 5b. Public Hearing: 01-SUP-07 – Ms. Bobber explained that the Town of Holly Springs is locating the Town’s Department of Public Works on the former MAKO Trucking property.In addition to using this facility for the Department of Public Works, the Town also is interested in locating a fueling station to include both unleaded gasoline and diesel fuel for Town vehicles, she said. According to the Town’s Zoning Ordinance, a Special Use Permit is necessary to allow for outdoor storage of materials and vehicles, outdoor services and operations, and the storage of combustible materials. Previously, a Special Use Permit was granted to MAKO for the outdoor storage of trucks only, Ms. Bobber explained, adding that the previous SUP and all conditions of approval remain valid, however, additional uses of the property require a second SUP for the use of this property as proposed. With that explanation completed, Mayor Womble opened the public hearing to accept sworn testimony.The following witnesses, under oath, testified: None. The Town’s application was submitted into the record as evidence that the application and related site plan meet the general and specific conditions. There being no further witnesses to testify, the public hearing was closed. 6a. RAL Communication – Anne Allen of Residents Against the Landfill addressed the Board with suggestions for a Holly Springs proactive solid waste program. Mrs. Allen said she believed the Town should implement programs that would encourage reduction in the waste stream and discourage residents from not recycling or composting. She suggested that the Town implement a pay-as-you-throw program that would charge residents based on the amount of waste they generate, based on the size of waste cans or the number of stickers used. She pointed out that the cost of yard waste collection would be decreased with the implementation of citywide composting education and encouragement program.She stressed that the Town should provide a program that is easy for citizens to follow. An outline of Mrs. Allen’s presentation is incorporated into these minutes as addendum pages. Commissioner Dickson said he would favor forming an ad hoc committee to come up with feasible programs and suggestions. Commissioner VanFossen said he agreed and suggested that Glenn Myrto be appointed. No motion was made, but it was decided by consensus that a seven-member committee would be appointed.After advertising, the Board will appoint members to this committee at a later date. 6b. Remington Residents – Residents of Remington (specifically, of Wolfbridge Drive) addressed the Board about speeding motorists in their neighborhood. Gail Penny spoke on behalf of the residents requesting the installation of speed limit signs and speed bumps on Wolfbridge.She presented a petition with the names of those in the neighborhood who want speed bumps. She related that there was a high interest among the residents. Mayor Womble asked where on Wolfbridge would it be appropriate to place speed bumps without posing a hazard to emergency vehicles. The Mayor suggested that more speed limit signs be installed. Commissioner VanFossen asked about the cost. Chief Parker responded that temporary speed humps cost $6,000 each, but asphalt devices could be installed for about $500. Commissioner Sack asked if Wake County Public Schools had been contacted regarding the problem of speeding school buses reported by Mrs. Penny. She responded that WCPS has been notified that speeding school buses are a general problem. Commissioner Dickson said he had identified a few spots on Wolfbridge where stop signs could be erected.He said he felt it would be a good temporary solution. Mayor Womble directed Chief Parker, Mrs. Sudano, the Town Manager and Mr. McNeil to look at Wolfbridge Drive and to make recommendations as to stop signs or speed calming devices. 6c. David Sharpe Request –David Sharpe, developer of Omni Industrial Park, addressed the Board with a request for waiver of road widening requirements.Mr. Sharpe outlined information he hoped the Board would consider in its decision. Mr. Sharpe stressed that he wants the site to be an attractive one and he wants what is good for Holly Springs; however, he cited expense, an unusual temporary road alignment, a time element and the potential for future widening projects that could include the 108-foot section in question as reasons for his request. The road section of NC55 along Omni Lot 5 was widened in an earlier widening project; however, the Town desires that the section be 4.5 feet wider than it is.The additional width would accommodate turning traffic into the charter high school site as well as prepare the road surface for the eventual landscaped median and four lanes that are planned. Mrs. Sudano explained that road widening on this project is an ordinance requirement and is also is a condition of approval on the original site plan. She recommended that the developer be required to move the existing curb and pavement over the additional 4.5 feet or be required to offer payment-in-lieu of widening. Mrs. Sudano pointed out that actual improvements are preferred by the Town, whenever possible. Mr. Sharpe said he would not mind providing a fee-in-lieu of widening as an alternative to doing the actual paving. After much discussion, the Board voted on the motion Motion No. 1: Commissioner Dickson moved that the road widening requirements be waived.Commissioner VanFossen seconded the motion. In discussion, Commissioner Schifano said he would be more comfortable with a fee-in-lieu of widening, and he asked if Commissioner Dickson would be agreeable to amending his motion to that effect. Commissioner Dickson said he would amend his motion to waiving the road widening requirement for two years, after which, the Town could reexamine the request. Commissioner Schifano suggested that the Town require a $17,000 (the estimated cost of the paving project) fee-in-lieu that would be put in escrow for two years and then used to complete the widening if a traffic problem exists or to be refunded to the developer if no traffic problem is created (after the students of the new school reach the driving age and create additional traffic). Commissioner Dickson said he would be willing to amend his motion to that effect. The Town Attorney suggested that, in the meantime, staff create a standard as to what defines a “traffic problem.” Commissioner Dickson agreed to amend his motion. Motion No. 2: Commissioner Dickson moved that the Town waive the described traffic improvements at present and direct staff to collect a fee-in-lieu to be held for two years or until the work is provided by NCDOT. The Board entered discussion, so no second was offered to the amended motion. In the end, the Board decided that collection of a fee-in-lieu with no time restraints was the wisest course of action. Action:The Board approved a motion to collect a fee-in-lieu of road widening in the amount of a sealed engineer’s estimate for the widening of NC55 frontage of Omni Lot 5. 7a. Wyncrest Commercial Elevations – Ms. Bobber refreshed the Board’s memory of this project.She said at the July 17 meeting, there was much discussion regarding the north (rear) elevations of this proposed commercial building. Mr. Bobbitt said several enhancements were made to the rear elevation to make it look more like the front. Action: The Board approved a motion to approve the elevations as revised and presented. At this time, Commissioner VanFossen said he felt the building looks fine, but still is not what he feels would be most appropriate for this corner. Vote: 4-1 VanFossen 7b. Economic Development Workshop Agenda – At the Board’s Economic Development Workshop on July 20, the session ended before the entire agenda was covered. Mrs. Carr requested that the Board consider either setting another special session so that all remaining items on the agenda can be addressed at one time or directing that the items arise one at a time on regular meeting agendas, starting with the Aug. 21 session. The Board directed that staff schedule an upcoming Saturday morning for continuation of the economic development discussion. 8a. 01-SUP-07 – In accordance with the Holly Springs Town Code, the Town Board made the following findings of fact:
That improvements to the aesthetics of the canopy are to be strongly considered. Motion By: Sack Second By: Atwell Vote: Unanimous At this time, the Board directed that Town Staff be directed to avoid using Ballentine Street as an access to the Public Works building whenever possible. 8b. Mims Towne Square Elevations – Ms. Bobber reminded the Board that Mim’s Towne Square received approval of the site plan portion of its Zoning Permit by the Town Board of Commissioners on November 7, 2000. The approval did not include a discussion of the elevations by request of the project developer.The elevations were then submitted for review by the Town Board on January 16, 2001.At that meeting, the Commissioners approved the elevations in concept and with conditions, specifying that a revised set of elevations that included details on the reveals and building materials be submitted for final review and approval. The conditions of the approval were:
Revised elevations have been submitted to the Department of Planning & Zoning for review, Ms. Bobber said.She added that staff finalized some details with the developer and the latest elevations were the result of those negotiations. Action: The Board approved a motion to approve the architectural elevations and master signage plan as a part of the Zoning Permit for Mim’s Towne Square, 00-COM-13 as submitted by Weeks Turner Architecture, Project Number 0024, Plot Date 07/13/01 with the following conditions:
Motion By: Atwell 8c. C&D Landfill – In agenda packets, the Board was advised that the Town had been notified by a neighboring property owner that a Special Use Permit application is pending before Wake County Board of Adjustments for a construction and demolition landfill proposed for the parcel of land that lies directly north of the Feltonsville solid waste landfill site. The site is located in Apex’s territory. The hearing is scheduled for 9 a.m. Tuesday, Aug. 14 in Room 700, 7th Floor, of the Wake County Courthouse. All input at the hearing will be in the form of sworn testimony and evidence that the application does or does not meet the criteria set out in the Wake County zoning ordinance for special uses. Commissioner Dickson suggested that the Town draft a letter to opposing the application. Commissioner Schifano pointed out that the letter would not be admissible at the hearing.He said he would be present to testify to the adverse traffic impact the project may pose. He said he also would testify to the prevalence of negative impacts in this area from various landfills. He said he also would testify to the detrimental effects the C&D landfill might have on quality development in the vicinity of U.S.1. 8d. Library Proposal – Mr. Dean explained that the Town, at this stage, wants to identify a piece of property on which to put a Wake County public library branch. Staff recommends a two-acre portion of the old Holly Springs Park located on Ballentine Street. Mr. Dean explained that Staff is looking for approval in concept and an indication that the Board would be willing to transfer the property in the future. Action: The Board approved a motion to agree to provide property to the Wake County Public Library System for use as a public library 8e. Resolution 01-22, Sales Tax – The Town Clerk explained that on July 25, the House Finance Committee approved a package of tax increases and cuts that included authorization for a one-half cent local option sales tax. She said the North Carolina League of Municipalities supports this plan as a means to solve the long-standing problem of instability of the local government reimbursements, which have been targeted in order to ease the State’s budget crunch. The NCLM suggested that municipalities adopt a resolution supporting the tax package supporting the tax package that includes the local option sales tax as well as other state income tax provisions that would effect married couples filing jointly (removing the “marriage penalty”) and an increase in the income tax child care credit. Motion No. 1: Commissioner Sack moved to adopt Resolution 01-22. Commissioner VanFossen seconded the motion Commissioners voting against said they did not want to support an additional tax. 8f. Water Line Relocation – Mrs. Sudano explained that approximately one year ago, the Town Board approved funds for the relocation of a waterline that was installed in the 1980s to serve Warp Technologies and surrounding industrial properties.In the mid 1990s, she said, development began occurring along the corridor of this same waterline with Avent Acres Subdivision, Avent Glen Subdivision and Cross Pointe Village. In time, it became evident that no records of an easement on the waterline existed – neither Town staff nor the Town Attorney were able to locate documentation of such an easement, Mrs. Sudano said. In addition, the location of the waterline conflicted with the only (old) construction drawings that could be located for the waterline. In the field, the waterline actually meandered away from the property lines that it should have been installed along into the adjoining properties, encumbering and rendering portions of the properties useless. As a result, the Town was obligated to move the waterline and/or to obtain new easements from the landowners covering the existing location of the waterline. Mrs. Sudano reported that staff was able to obtain easements along certain portions of the waterline from developers as they presented plans for approval, but the Town could obtain easements along other portions of the waterline only by agreeing to relocate the waterline. Two years ago, the Town Board approved $50,000 for relocating the waterline (budget amendment was adopted on July 17, 2001 as it had never been presented previously); however, the amount of money originally appropriated for the project was estimated based on uncertain field conditions, Mrs. Sudano said.She added that work has recently commenced on this project, and the cost of relocation has increased because a longer section waterline will require relocation. She asked the Board to approve an additional $35,000 for completing the relocation. She also noted that there is one additional undeveloped property that exists between the relocated waterline and the Town’s Cross Pointe Village Subdivision that may in the future require the relocation of an additional section of waterline. Action: The Board approved a motion to adopt budget amendments in the amount of $35,000 to receive funds from Fund Balance and assign them to the Utility Fund to cover the increased cost of relocating the 12-inch waterline. A copy of the budget amendment is incorporated into these minutes as an addendum page. 8g. Beacon Technologies – Mr. Dean explained the contents of the Beacon contract in which Beacon Technologies would provide an upgrade of the Town’s website and then ongoing maintenance and updates of information throughout the year.Funds were included in this year’s budget to cover this expense, he explained. According to the proposal, he said, Beacon would upgrade the Town’s site and improve its functionality with information provided by staff. The company then would remain on retainer to provide update services as needed. A copy of the contract with Beacon Technologies is incorporated into these minutes as addendum pages. 8h. Duke & Abbott Contract – Commissioner Sack said he requested that the item come off the Consent Agenda in response to Schifano’s communication to the Board prior to the meeting that he would like to discuss the item before taking action. Mr. Holland explained that Town staff had talked about bidding out the contract for the annual audit in the past; however, several management changes and changes in the finance office and budgetary processes has always made bidding out the contract not in the best interest of the Town. He said the best time to prepare audit bids is in January or February. He asked that the Board allow him to create a three- or four-year bidding program beginning in January 2002. A copy of the contract is incorporated into these minutes as addendum pages. 9. Consent Agenda – All remaining 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. Annexation Ordinance A01-04 – Annexation Ordinance A01-04 bringing in the properties listed in the public hearing was adopted. A copy of Annexation Ordinance A01-04 is incorporated into these minutes as addendum pages. 9b. Resolution 01-23 – Resolution 01-23, a resolution authorizing the sale in August of general obligation parks and recreation bonds, was adopted. A copy of Resolution 01-23 is incorporated into these minutes as addendum pages. 9c. Audit Contract – Action taken earlier in the agenda. 9d. Environmental Initiatives Plan – The Board entered into an agreement with the firm of Robert J. Goldstein & Associates (RJG&A) to prepare a “Green Plan” for the Town. Funds for the $6,312.60 project will be derived from funds previously authorized for the Cape Fear Water Treatment Plan environmental assessment. The Green Plan will document the environmental protection programs established by the Town of Holly Springs and will serve as an educational resource for the public, developers and design professionals. In addition, the Green Plan will demonstrate to Federal and State regulatory agencies the Town’s efforts at environmentally responsible planning, which is crucial to the NEPA/SEPA review process. The Town’s intention is to include a copy of the Green Plan with all applications for utility expansion sent to State regulatory offices to demonstrate our environmental stewardship. A copy of the contract is incorporated into these minutes as addendum pages. 9e. Resolution 01-24, Credit Cards – Resolution 01-24 for the issuance of departmental corporate credit cards by Centura Bank was adopted. A copy of Resolution 01-24 is incorporated into these minutes as an addendum page. 9f. And 9g.Website Protocols and Acceptable Use Policy – These two related documents were adopted by the Town Board. The Website Protocols will be used by staff in keeping the new website current, functional, informational and appropriate.The Acceptable Use Policy would pertain not only to all staff users of the internet, email and software of the Town but also to those in the public who take advantage of a public terminal that will be made available in the next few months. Copies of the Website Protocols and the Acceptable Use Policy are incorporated into these minutes as addendum pages. 10. 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: Mr. Ron Gilcherson of Griffin Brothers – Mr. Gilcherson addressed the Board regarding his company’s pending Special Use Permit Application to Wake County Board of Adjustment for a construction and demolition landfill. Commissioner Sack asked what the changes are from an original application that was denied a permit by Wake County last year for this same property. Mr. Gilcherson explained that his company is not connected with the original application, which was denied two years ago for the same property. He added that Technology Drive was the point of contention for the original project; this plan features an alternate access off Hwy. 55 Bypass into property.In respect to Data General, Mr. Gilcherson said, the main opposition to the original plan was because of the proposed shared access of Technology Drive. Now, he pointed out, Technology Drive is not in the equation.He added that a portion of the property abutting EMC2, a neighboring property, will not be used for the operation.(Instead, the operation will be isolated to the Holly Springs side of the 540 Loop). Mr. Gilcherson said the Griffin Brothers C&D landfill would place a heavy emphasis on recycling and will offer municipal services. Mr. Kieran Shanahan – Mr. Shanahan addressed the Board explaining that he represented EMC2 during the first special use permit public hearing and was successful in proving that the application would not satisfy the conditions.He said he was able to prove that the shared access on Technology Drive would be inappropriate. Now that the access issue has been addressed, he said he would have a more difficult time convincing the Wake County Board of Adjustments to deny the permit. 11. Other Business – In other business, Mr. Dean reported to the Board that the Town had been awarded an A+ grade from Standard and Poor’s. He outlined the schedule for the Labor Day festival. Mr. Pearson reported that the Joel Williams condemnation case had been reset to the last week of October or the first week of November. He said a judge had given Mr. Eddie Hood 45 more days to get his property in compliance with Town regulations. Mr. Pearson reported that Mr. Don Davis had initiated new negotiations with the Town in his zoning violation case.The Town Attorney said he felt the meetings were positive so far. He also reported that attorney Dan Cahill had moved to another law firm and that Mr. Pearson will be taking on most of his cases. Mr. Pearson pointed out that Mr. Cahill would stay involved in the Joel Williams case because of his familiarity with the case. 12. Manager’s Reports – Reported under Other Business. 13. Closed Session – None. 14. Adjournment – There being no further business for the evening, the Aug. 7, 2001 meeting of the Holly Springs Board of Commissioners was adjourned followed a motion at 10:45 p.m. by Commissioner Schifano, a second by Commissioner Dickson, and a unanimous vote. Respectfully Submitted on Tuesday, Sept. 4, 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. |