1/15/02 Meeting Minutes, Town of Holly Springs

Ms. Bobber said the site is heavily wooded and of this area, a 25’ undisturbed buffer area would be dedicated on one side and at the rear of the site. The other side would be screened with landscaping as required by ordinance. The undisturbed buffer area would be inspected after the site has been graded to determine if additional landscaping will be needed to maintain the intent of the buffer area.

Ms. Bobber said the building would be designed to coordinate with the existing and new homes in the subdivision. The exterior building materials would be a brown/grey stone veneer with white hard blank siding, trim, soffit, frieze board, and rake board. The roof would consist of grey/black fiberglass shingles.

Ms. Bobber said after meeting with representatives from Sprint and Sunset Ridge, staff from both Planning and Engineering have agreed to allow for a gravel driveway that is large enough to provide for the two required off‑street parking spaces instead of a paved parking surface. In addition, Sprint has agreed to eliminate the paved “turn‑around” to further reduce the impact of this facility on the adjoining properties.

With that explanation completed, Mayor Sears reopened the public hearing to accept sworn testimony. The following witnesses, under oath administered by the town clerk, testified:

None stood to testify in this portion of the hearing.

Commissioner VanFossen asked why Sprint was not planning to bury the center.

Mr. Jim Skipper, representing Sprint, was administered the oath by the town clerk before responding.

Jim Skipper – Mr. Skipper said an underground facility is not as safe, and Sprint has a policy that when this size structure is needed, that this type of building is used. In some places in the state, the flood plain makes it particularly more important to have an above-ground facility. As for cabinet structures, Mr. Skipper said, expansion of the development requires the maximum number of lines that are related to the small building.

Mr. Skipper assured the Board that the building is being screened adequately with landscaping to minimize its impact on the surrounding property.

Commissioner Schifano asked if the facility made any noise.

Mr. Skipper responded no, except in the case of a power outage that outlasts the six-hour battery back-up. A portable generator would be used to charge the batteries, he said, adding that except in extreme cases, there would be no noise.

Commissioner Schifano asked about the on-street parking.

Mr. Skipper explained that the driveway would be used only in case of emergency. On routine stops, the technicians would park on the street in front of the building and walk to the building.

Mayor Sears asked how often a vehicle would be parked on the street.

Mr. Skipper estimated about three times a week, depending on the demand for service.

There being no further testimony, the public hearing was closed.

At this time, the Board set about making the following findings of fact on the application and site plan.

This proposed use requires the satisfaction of four specific conditions:

1. The Board will carefully consider the effects of the individual operation on neighboring property and the Holly Springs area and shall deny the permit if an adverse effect would be created.

The Board found that the application and site plan indicate that the operation would not have an adverse effect on neighboring properties.

2. The Board shall require sufficient buffering to screen the outdoor use or portion of the use from view of streets and neighboring property.

The Board found that the site plan illustrates that adequate buffering will be provided.

3. The outdoor use or portion of the use shall be maintained in a sanitary condition at all times so as not to harbor mosquitoes, vermin or otherwise be a menace to public health and safety.

The Board found that the application satisfies this condition.

4. Where a use could involve potential fire or other health hazards, the Fire Chief, and where applicable, the Wake County Health Department shall have an opportunity to review the application. The applicant shall provide all needed information to enable the appropriate officials to determine the safety of the operations and any storage measures.

The Board found that the application satisfies this condition.

Action #1: The Board approved a motion that the Board agrees and accepts its findings of fact that Special Use Application 01-SUP-10 and its related site plan satisfy the specific conditions.

Motion By: Schifano

Second By: Atwell

Vote: Unanimous

This proposed use requires general conditions to be met as follows:

1. That all Specific Conditions have been or will be satisfied.

The Board determined that the application and site plan satisfy the specific conditions.

2. Access roads or entrance and exit drives are or will be sufficient in size and properly located to ensure automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or other emergency.

The Board found that the application and site plan satisfy this condition

3. Off‑street parking, loading, refuse, and other service areas are located so as to be safe, convenient, allow for access in case of emergency, and to minimize economic, glare, odor, and other impacts on adjoining properties and properties in the general neighborhood.

The Board found that the application and site plan satisfy this condition.

4. Utilities, schools, fire, police and other necessary public and private facilities and services will be adequate to handle the proposed use.

The Board found that the application and site plan satisfy this condition

5. The location and arrangement of the use on the site, screening, buffering, landscaping, and pedestrian ways harmonize with adjoining properties and the general area and minimize adverse impacts.

The Board found that the application and site plan satisfy this condition

6. The type, size, and intensity of the proposed use, including such considerations as the hours of operation and numbers of people who are likely to utilize or be attracted to the use, will not have significant adverse impacts on adjoining properties or the neighborhood.

The Board found that the application and site plan satisfy this condition.

Action #2: The Board approved a motion that the Board agrees and accepts its findings of fact that Application 01-SUP-10 and its related site plan satisfy the six general conditions relating to all special uses.

Motion By: Schifano

Second By: Dickson

Vote: Unanimous

Action #3: Having made satisfactory findings of fact, the Board approved a motion to grant Special Use Permit 01- SUP-10 to allow Sprint Telecommunications to construct a building to house electronic telecommunications equipment in Sunset Ridge North Phase 4b and the related Zoning Permit 01- ZPF-12 for Sprint Telecommunications with the following conditions as recommended by the Planning Board:

1. The Helleri Hollies currently listed as the type of Evergreen to be used on the site

shall be replaced with Nelli Stevens Holly.

2. The easement providing access to this site is to be recorded prior to issuance of the

building permit.

3. If the sidewalk for this phase of Sunset Ridge North II is located on the same side as this facility, a 6" concrete apron will be required to be installed between the curb and property line within the right-of-way.

4. If the sidewalk for this phase of Sunset Ridge North II is not located on the same side as this facility, the Department of Engineering may at some point in the future require a 6" concrete apron be installed if damage to the curb due to vehicles accessing the site becomes apparent.

Motion By: Schifano

Second By: Atwell

Vote: Unanimous

5b. Public Hearing' Annexation Petition A02,01, Perry- Ms. Bobber explained that the town has received a voluntary petition for annexation of the Timothy P. and Martha S. Perry property located along Sunset Lake Road and Lake Flower Drive. The property to be annexed contains .956 acres. The petition meets all the statutory requirements for annexation, Ms. Bobber reported. With that explanation completed, Mayor Sears opened the public hearing to accept public comments.

Edie Morata and husband-- As adjoining property owners, the Moratas asked what kind of development might occur on the property as it might effect them.

Board members suggested that the Moratas speak to this question during the rezoning public hearing to follow since this public hearing topic involved only the question of annexation. No further comments were offered, and the public hearing was closed.

Action: The Board approved a motion to adopt Annexation Ordinance A02-01 bringing in to the corporate town limits .956 acres of land owned by Timothy P. and Martha S. Perry.

Motion: Dickson

Second: Atwell

Vote: Unanimous

A copy of annexation ordinance A02-O1 is incorporated into these minutes as addendum pages.

5c. Public Hearing' Rezoning Petition, 01.REZ.ll -Ms. Bobber said the applicants request that the portion of property annexed be assigned an R-10 zoning designation to match the zoning of their existing lot. Currently, the property is zoned by Wake County. With annexation, the property will require a Holly Springs zoning designation. In further explanation, Ms. Bobber said the Perry’s recently purchased the property adjacent to their existing lot and intend to use

that area as a natural buffer between their home and any development that might occur in the future around their home. They have no development plans for the property and would not be able to place another structure on it as they plan to combine the .956 acres with their existing lot.

Ms. Bobber said the Planning Board reviewed the request and recommends approval of the requested zoning designation.

With that explanation completed, Mayor Sears opened the public hearing to accept public comments. The following comments were received: None.

There being no comments, the public hearing was closed.

Action: The Board approved a motion to approve Rezoning Petition 01-REZ-11 to set the zoning of the subject .956 acres from Wake County R-30 to Holly Springs R-10.

Motion By: Dickson

Second By: Atwell

Vote: Unanimous

5d. Public Hearing: Annexation Petition A02-02, CP&L Property- Ms. Bobber explained that the town has received a petition from CP&L for voluntary annexation of 425.517 acres located along US 1 and Wood Creek Road. The petition meets all the statutory requirements for annexation, Ms. Bobber reported.

With that explanation completed, Mayor Sears opened the public hearing to accept public comments. No comments were offered for or against the petition, and the public hearing was closed.

Action: The Board approved a motion to adopt Annexation Ordinance A02-02 bringing in to the corporate town limits 425.517 acres of land owned by CP&L Company.

Motion: Dickson

Second: Atwell

Vote: Unanimous

A copy of annexation ordinance A02-02 is incorporated into these minutes as addendum pages.

5e. Public Hearing: Wastewater Treatment Plant Road Closing - Mrs. Powell explained the Town has received a petition from property owner Bunn Olive requesting the abandonment of W Wastewater Treatment Plant Road, pursuant to a developer agreement approved by the Town Board in 1994. Mrs. Powell said that under the 1994 agreement, the Town agreed to abandon WWTP Road at some point in the future when an alternate access roadway to the Town's wastewater treatment plant was provided.

Mrs. Powell advised that the alternate mute has been provided to the treatment plant, and Mr. Olive is now requesting that the Board consider adoption of Resolution 02-R-01, which is a resolution ordering the closing of the abandoned Wastewater Treatment Plant Road roadway easement. She added that the right-of-way property would revert to the ownership of the adjacent property owners.

She added that if the Board adopts the resolution, the public would then have 30 days (until Feb. 14, 2002) to protest the road abandonment.

With that explanation completed, Mayor Seam opened the public hearing to accept input. There were no comments for or against the closing of Wastewater Treatment Plant Road, and the public hearing was closed.

Action: The Board approved a motion to adopt resolution 02-R-01 ordering the

abandonment of the former Wastewater Treatment Plant Road roadway easement.

Motion By: VanFossen

Second By: Dickson

Vote: Unanimous

A copy of resolution 02-R-01 is incorporated into these minutes as addendum pages.

6. Special Presentation - Mayor Sears presented proclamations of town recognition to Barb Koblich, 2000 Holly Springs Citizen of the Year; Marilyn and Chris Chappell, 2001 Holly Springs Citizens of the Year; and to Nina Piatt, 2001 Holly Springs Teacher of the Year.

Mayor Sears read the proclamations to the board members and the public.

No Action.

7. Consent Agenda - All items on the Consent Agenda were approved following a motion by Commissioner Dickson, a second by Commissioner Atwell and a unanimous vote. The following actions were affected:

7a. Budget Amendment, $2,500 - A budget amendment to the FY 2001-02 budget was adopted in the amount of $2,500 to designate grant funds provided by the North Carolina League of Municipalities to be used for the Employee Assistance Programs. A copy of the budget amendment is incorporated in these minutes as an addendum page.

7b. Budget Amendment, $281,380 - A budget amendment to the FY 2001-02 budget was adopted in the amount of $281,380 to purchase 25 acres of land adjacent to the existing Wastewater Treatment Plant. A copy of the budget amendment is incorporated in these minutes as an addendum page.

7c. Minutes - Minutes of the Board's continued meeting on Nov. 29, and its regular meeting held on Dec. 18, 2001 were approved.

7f. Set Special Meeting - A special workshop/retreat meeting of the Town Board was set to begin at 6 p.m. on Friday, January 18, 2002 and to end approximately at noon Sunday, January 20, 2002 at the Mid-Pines meeting facility in Southern Pines.

8a. Appointments to Recreation Advisory Committee - Mr. Glasser, chairman of the Holly Springs Parks and Recreation Advisory Committee, explained that the committee has two (2) vacant positions. After reviewing applications, the committee recommends that Mary Beth Healy-Hendrick be appointed to fill a term expiring June 30, 2002 and that Lori Towner be appointed to fill a term expiring June 30, 2003.

Action: The Board approved a motion to appoint Mary Beth Healy-Hendrick, 717 Creek Haven Drive, to fill a term on the Holly Springs Parks and Recreation Advisory Committee expiring June 30, 2002 and to appoint Lori Towner, 320 Teal Lake Drive, to fill a term expiring on June 30, 2003.

Motion By: VanFossen

Second By: Dickson

Vote: Unanimous

8b. Commercial Corridor Growth Committee Status - Ms. Bobber distributed a final report prepared by the vice chairman of the Commercial Corridor Growth Committee (CCGC).

Ms. Bobber explained that the CCGC was appointed in April 2000 by the Town Board of

Commissioners to give staff guidance on the preferred land use and appearance of new development along the Town's major corridors. This project was scheduled to be complete prior to the drafting of the update to the Town's zoning regulations.

Ms. Bobber explained to the Board that the CCGC completed its first report on N. Main Street from Holly Springs Road to Sunset Lake Road in December 2000 and in February of 2001, Baker & Daniels, the Town's consultant, began work on the drafting of a Unified Development Ordinance (UDO).

As a part of the UDO project, a steering committee was formed to review and comment on the drafts. John Wood, chairman of the CCGC, was appointed to the steering committee to provide the opinions of the CCGC and to ensure that its thoughts and opinions were being addressed in the new zoning regulations.

Now that the majority of the UDO has been drafted, the CCGC has requested clarification on its role and for the Board to determine if the CCGC should continue to finalize its draft document on all remaining corridors. Mr. Wood has confirmed that the issues and concerns of the CCGC have been addressed in the UDO Draft.

In closing, Ms. Bobber said the CCGC requests that the Board discuss the intent and purpose of the CCGC and to determine new assignments for the committee or conclude their appointments.

Commissioner Schifano said he felt the CCGC has fulfilled his expectations and suggested that any remaining CCGC members who would like to comment on the final UDO be given that opportunity. He admitted that this would be a big job, but that it would be nice to have some comments from the committee.

The Board gave Ms. Bobber direction to encourage members of the CCGC who want to continue involvement in the UDO approval process to do so.

No action taken.

8c. Parks and Recreation Trust Fund Grant Application - Mr. Bradley explained that the deadline for applying for a PARTF grant is Jan. 31, 2002 and that he would propose to the Board that the Town apply for such a grant for funding assistance for the development of Bass Lake Park. Mr. Bradley said a requirement of the grant application is approval of the Bass Lake Park master plan and a commitment from the Town that matching funds up to $250,000 would be available if the grant is awarded.

Mr. Bradley recommended that the Town apply for $250,000 to be used for the construction of a nature education center for the Bass Lake Park. If approved, the Town should be notified by this summer, he added.

Mr. Bradley reported that a public meeting was held on the proposed floor plan for the education center building at 6 p.m. Jan. 15, 2002 in the Town Board Meeting chambers. He then requested that the Board support the Town's applying grant by committing to fund the project in FY 2002-03 if the grant is approved and by giving its approval of the project master plan.

Board members asked if the Town had the funds.

Mr. Holland said the Town anticipated that it would use BFI franchise fees collected next year to provide the matching $250,000.

Commissioner Tedder asked if contributions acquired otherwise could it be applied to the match. Mr. Holland said yes.

Commissioner Tedder pointed out that the Town also could spread the $250,000 over

two budget cycles, if the matching portion is on the back end of the project.

Commissioner Schifano said the Bass Lake Park is a worthwhile project, and he wants it to be developed as soon as possible.

Commissioner VanFossen said he is in support of this project as long as the funding required does not take away from the planned library/cultural arts center.

Action: The Board approved a motion to authorize Mr. Bradley to apply for a PARTF grant on behalf of the Town and that the Town set aside matching funds in the amount of $250,000, to be used if the grant application is successful.

Motion By: Atwell

Second By: Tedder

In discussion, Mr. Bradley asked that the Board amend the motion to include the Town Board's approval of the Bass Lake Park master plan.

Amendment: To approve the original motion to include approval of the Bass Lake Park master plan.

Motion By: Atwell

Second By: Tedder

Vote: Unanimous

8d. Caterpillar Excavator Purchase - Mr. Holland explained the financing aspect of this potential purchase. He advised the Board that the Town would pay $16,000 down from funds in this year's budget and that the Town had received quotes from area banks on the financing of the remaining amount of the purchase. He recommended that the Town Board approve a motion to approve the financing of $63,875 at the 2.59% interest rate offered by Centura Bank. He noted that the Town intended to pay off the loan in July in next year's budget.

Mr. McNeill explained to the Board that purchase of the excavator would eliminate the need to hire contractors and that the Town could use the excavator in the demolition of dilapidated structures around Town and for the demolition of the Town Hall site this spring. Mr. McNeil said that by purchasing this piece of machinery, the Town would realize a savings of approximately $125,000 (beyond the purchase price).

Mr. McNeil said the Public Works Department had received the following throe quotes for this equipment: the quote for a Hitachi model was $99,000; the John Deere quote was $71,000; and the quote for-the Cat was $79,875. Upon review (and demonstrator use) of the three pieces of equipment, the Cat appears to be the best choice as it would meet the needs of the Town now and as well as in the future for OSHA compliance, Mr. McNeil said.

Commissioner Schifano asked how purchase would compare to rental of this equipment. Mr. McNeil said it costs the Town $5,000 per week to rent an excavator. He added that the excavator would not be used every day, but it would be used often enough to justify its cost.

The Board seemed to agree that the excavator would pay for itself in the first year.

Action: The Board approved a motion to purchase a Caterpillar excavator at a cost of $79,875 with a down payment in this fiscal year of $16,000 and with the remaining $63,875 balance to be financed with Centura Bank at an interest rate of 2.59%; that budget amendments to reflect the financing and reclassification of $16,000 in funds to provide the down payment be adopted; and that the finance director be authorized to process financing papers with Centura Bank for the purchase.

Motion By: Atwell

Second By: Dickson

Vote: Unanimous

Copies of the budget amendments are incorporated into these minutes as addendum pages.

8e. Mechanic Start-up Equipment- Mr. Dean explained to the board members that a feasibility study for hiring of a mechanic, who would be stationed at the Pubic Works facility has been completed. Mr. Dean stated that he recommends that a full-time mechanic be hired in next year's budget, but that he would like to purchase the start-up equipment for this position, which would amount to an estimated $23,692. Mr. Dean said the funds are available in the Public Works FY 2001-02 budget, and the Town's analysis shows a savings of $16,312 annually when the mechanic is hired.

Mr. Dean said that it is staff's recommendation to purchase the equipment now for use in the public works department and that a budget amendment in the amount of $24,000 be adopted and that the Board consider adding a mechanic's position in the FY 2002-2003 budget.

Action: The Board approved a motion to purchase the mechanic start-up equipment and to adopt the FY 2001-02 budget amendment in the amount of $24,000 to cover the related costs.

Motion By: Dickson

Second By: Atwell

Vote: Unanimous

A copy of the Budget Amendment is incorporated into these minutes as addendum pages.

8f. Cemetery Surveying - Mrs. Sudano reported that there is a need for surveying, monumentation, and research to create an up-to-date database and set of records for the Town-owned cemetery. After meeting with several firms, staff secured a proposal from The Rose Group to complete Phase 1 of this work. Mrs. Sudano said she reviewed the proposal, which describes the work to be undertaken, including aerial photography/survey of the property boundary, research, field survey, creation of as-built GIS mapping of the cemetery, creation of a record-keeping database and population of the database with historic information, physical layout of un-occupied portions of the cemetery, and monumentation. The future phases will include selection of the plot monumentation and installation of additional monumentation, and possibly (funding withstanding) beautification.

Mrs. Sudano said the project financing and cost was approved for this project in the FY 2001-02 budget in the amount of $75,000. The cost for this first phase of services is $31,900. Mrs. Sudano said staff recommends that the Board enter into an agreement for professional services with The Rose Group for services as described for the Town Cemetery. Mrs. Sudano said that the proposal before the Board is in draft form, with slight modifications/clarifications forthcoming, subsequent to staff review.

Action: The Board approved a motion to enter into a professional services agreement with The Rose Group for cemetery surveying, GIS and monument work.

Motion By: Tedder

Second By: Atwell

Vote: Unanimous

A copy of the draft The Rose Group agreement for professional services is incorporated into these minutes as addendum pages.

9. Public Comment-

Jerry Martin, 403. Arbor Crest Road- Mr. Martin addressed the Board to raise awareness for the National Day of Prayer event being planned in Holly Springs. He said the National Day of Prayer was created by an Act of Congress, and that-- particularly now-- national, state and local leaders need our prayers and need to know that they am supported in prayer.

lan Sands, 108 Arbor Court- Mr. Sands reported to the Board that many towns in North Carolina are having National Day of Prayer activities, and his group's goal is to have such an event in Holly Springs from 5:30 to 7:45 p.m. May 2. He said the event would include music and keynote speakers. He asked for the Town's participation and support.

No action taken, but the Board was supportive.

10. Other Business- Mr. Dean reported that staff attended and took part in the ground breaking of the Childeren's Miracle Network house that is being built in the Holly Glen Subdivision.

He reminded the Board of the upcoming weekend retreat Jan. 18-20.

Mrs. Sudano reported on the latest events of involving the 540 Loop discussions. She reported that there is widespread opposition --including NCDOT's opposition -- to the elimination of the southern and western segments as is being proposed by Raleigh Mayor Charles Meeker, Cary Mayor Glen Lang and the Capital Area Metropolitan Planning Organization. She reported that the TCC will meet in February to send forth a plan to the TAC for final decision on Feb. 20 on which plan to send out to public for comment.

She said them is NCDOT staff-level full support for keeping the loop in tact. She said those who are proponents have the expertise of DOT's technical staff; she said that there are several other towns in agreement with Holly Springs; and she said those who want the 540 roadway to be completed have formed a strategy, including the adoption of a resolution.

In the end, she added, it will be the TAC's decision, and she pointed out that them is a possibility that some members of the TAC could utilize their weighted-vote prerogative to eliminate the unfinished segments of the 540 Loop.

Mayor Sears said he would be meeting with the mayors of Fuquay-Varina and Apex in order to gain their support. He said completion of the 540 Loop has a lot of support from the media and the public and that he is optimistic.

Mrs. Sudano pointed out that the Preferred Transportation Plan that CAMPO is recommending not only suggests elimination/delay of segments of the 540 Loop but that there is another bothersome thing about it. She said the plan features a new road that Holly Springs has communicated to CAMPO that it does not endorse. This proposed roadway is parallel to the Hwy. 55 Bypass.

Action: The Board approved a motion to adopt Resolution 02-R-02 protesting the elimination or delay of any funding or construction of any segments of the 540 Loop.

Motion By: Atwell

Second By: Schifano

Vote: Unanimous

A copy of Resolution 02-R-02 is incorporated into these minutes as an addendum page.

11. Manager's Reports-None

12. Closed Session - The Board approved a motion to enter Closed Session, pursuant to G.S. 143-318.11(3) to hold consultation with counsel regarding the Town of Holly Springs vs. Eddie

Hood dba Hood's Grocery Holly Springs; settlement in the Town of Holly Springs vs. Lois McDonald condemnation action; matters in the Town of Holly Springs vs. Fussell zoning violation; and in the landfill litigation cases.

Motion By: Schifano

Second By: Atwell

Vote: Unanimous

General Account, Closed Session- January 15, 2002

The Board discussed with the Town's attorney the aforementioned legal matters and gave direction to Mr. Pearson on each of the matters.

No action was taken in Closed Session, other than a motion to return to Open Session. Motion By: Atwell

Second By: Dickson

Vote: Unanimous

-- End General Account

13. Adjournment- Them being no further business for the evening, the January 15, 2002 meeting of the Holly Springs Board of Commissioners was adjourned at 10'15 p.m. following a motion by Commissioner Schifano a second by Commissioner VanFossen, and a unanimous vote.

Respectfully Submitted on Tuesday, Feb.19, 2002.

Joni Powell, CMC, Town Clerk

Addendum pages as referenced in these minutes follow and are a part of the official records.