Town of Holly Springs

Board of Commissioners Regular Meeting

Tuesday, October 15, 2002

MINUTES

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, October 15, 2002 in the cafeteria of the W. E. Hunt Community Center, located at 301 Stinson Ave. Mayor Dick Sears presided, calling the meeting to order at 7 p.m. A quorum was established as the mayor and four board members were present as the meeting opened.

Board Members Present: Commissioners Steve Tedder, Chet VanFossen, Peter Atwell, and Hank Dickson and Mayor Sears.

Board Members Absent: Commissioner Schifano. (Commissioner Schifano arrived at 7:50 p.m.)

Staff Members Present: Carl Dean, town manager; Chuck Simmons, assistant town manager; Ernest C. Pearson, town attorney; Joni Powell, town clerk (recording the minutes); Linda Harper, deputy town clerk; Gina Bobber, director of planning and zoning; Len Bradley, parks and recreation director; Sarah Kennedy, parks and recreation; Drew Holland, finance director; Kendra Thompson, town engineer; Stephanie L. Sudano, director of engineering; Cecil Parker, chief of public safety; Luncie McNeil, director of public works; Thomas Tillage, director of water quality; and Alysia Bailey, town planner.

2 and 3. The pledge of allegiance was recited, and the meeting opened with an invocation by Bishop Charles Turner of the Church of Jesus Christ of Latter Day Saints.

4. Agenda Adjustment ‑ The October 15, 2002 meeting agenda was adopted with changes, as listed below.

Motion By: Dickson

Second By: Atwell

Vote: Unanimous.

Items Added to Consent Agenda: Resolution 02-R-31, urging residents to observe a safe and courteous Halloween.

Agenda Items Removed: Item No. 5 was postponed until the Nov. 5, 2002 Town Board meeting.

Other Changes: None.

5. Bass Lake Visitors Center- $25,000 Progress Energy Grant ‑ This item was postponed until November 5, 2002 during agenda adjustment.

6. Consent Agenda ‑ All remaining 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:

6a. Planning Appreciation Week – The board proclaimed November 4- 8, 2002 as Town of Holly Springs Planning Appreciation Week.

6b. Resolution 02-R-30 – The Board adopted Resolution 02-R-30 authorizing demolition of a substandard structure located at the corner of Elm Street and Main Street. A copy of Resolution 02-R-30 is incorporated into these minutes as an addendum page.

6c. Policy Statement P-16, Committee Reimbursement Policy - Policy Statement P-16, Committee Reimbursement Policy, was adopted by the Board. A copy of Policy Statement P-16 is incorporated into these minutes as an addendum page.

6d. Minutes - Minutes of the Board’s regular meeting held on October 1, 2002 were approved.

6e. NCDOT Municipal Agreement - The Board approved to amend NCDOT Municipal Agreement for the Holly Springs Road and NC 55 signal. A copy of the NCDOT Municipal Agreement is incorporated into these minutes as an addendum page.

6f. Resolution 02-R-31 - The Board adopted Resolution 02-R-31 urging residents to observe a safe courteous Halloween. A copy of Resolution 02-R-31 is incorporated into these minutes as an addendum page.

7a. Ivy Green and Gable Ridge Lane 3-way Stop - Mrs. Thompson explained that at the last Town Board meeting there was a request for the Town to install a multi‑way stop sign at the intersection of Gable Ridge Lane and Ivy Green Way. There is currently a policy statement that has been adopted by the Town Board for Traffic Calming Measures (which includes speed bumps, or tables). There is a less formally adopted policy that was approved by former Town Manager Jim Dolle (prepared by Engineering and Public Safety department staffs) for handling multi-way stop requests. Staff is recommending that the policy statement for multi-way stop sign requests be presented to the Town Board in a format more similar to the Traffic Calming Measures Policy Statement for approval by a similar process.

Mrs. Thompson reviewed with the Board that the policy statement would evaluate multi‑way stop requests by criteria that will permit them to be installed where they are warranted, as determined the Manual for Uniform Traffic Control Devices (MUTCD). The MUTCD is a nationally established manual that NCDOT and other municipalities reference for traffic control standards. The manual lists three distinct situations that should be met before such an installation should occur.

Mrs. Thompson said that after evaluating the criteria and the traffic counts and the speed data collected this past week, both departments concluded that a multi-way stop sign would not be recommended at this location.

However, after visiting the site, staff does recommend installation of a visible pedestrian crossing at that location, Mrs. Thompson said. That would address some concerns expressed by an adjacent resident related to school children crossing Gable Ridge Lane. A pedestrian crossing would provide advance warning of the crossing to motorists and secure an area of caution for the pedestrians.

Action #1: The Board approved a motion to adopt a Policy Statement, Multi-way Stop Sign Criteria and Guidelines.

Motion By: Dickson

Second By: Tedder

In discussion, Commissioner VanFossen commented that the policy seemed to be general and not “custom-written” for Holly Springs.

Mrs. Thompson responded that the policy was taken from the MUTCD, uniform guidelines that are widely accepted by towns and the court system.

Vote: The motion carried, 3-1. Commissioners Dickson, Tedder, Atwell voted in favor, and Commissioner VanFossen voted against.

A copy of the Policy Statement for Multi-way Stop Sign Criteria and Guidelines is incorporated into these minutes as addendum pages.

In discussion of the specific Ivy Green and Gable Ridge request, Commissioner VanFossen said he had canvassed the neighborhood and said residents were almost evenly split on the question of stop signs, but that all would desire some sort of traffic-calming devices. There was one resident who was opposed to any kind of device.

Commissioner Tedder said he felt the crosswalk suggestion from staff represented a good compromise to increase safety without installation of speed humps, which damage emergency vehicles, or stop signs, which obstruct traffic flow.

Mayor Sears agreed to yield the floor to a resident who has an interest in this issue.

Chuck Phelan, 4936 Gable Ridge Drive – Mr. Phelan said he supports the installation of a 3-way stop at the intersection as he is the one who requested it. He asked the Board to consider the safety of the large number of children who will be attracted to this intersection by the nearby schools in making their decision instead of traffic counts and statistics. He said he felt the 3-way stop would be the safest alternative.

Action #2: The Board approved a motion to direct staff to install a visible pedestrian crossing at that location, as recommended by staff.

Motion by: Tedder

Second by: Dickson

Vote: The motion carried, 3-1. Commissioners Tedder, Dickson and Atwell voted in favor, and Commissioner VanFossen voted against.

7b. Holly Ridge Middle School Scoreboard - Mr. Bradley reported to the Board members that even if a scoreboard were ordered this week, it would not be installed and be operational by the end of the football season.

For this reason, Mr. Bradley suggested that the Board agree to an appropriation for purchase and installation of a scoreboard to be funded from park impact fees in amount not to exceed $10,000. He said the scoreboard would be installed before spring sports programming begins. This would give his department time to negotiate a facility joint use agreement with the school system.

Commissioner Dickson pointed out that some of the cost could be recovered by the sale of advertising space on the scoreboard.

Action: The Board approved a motion to approve purchase of a scoreboard for the Holly Ridge Middle School in an amount not to exceed $10,000 funded from park impact fees and directed staff to begin negotiations between the Town and Holly Ridge Middle School for a facility joint use agreement.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

At this time, Mayor Sears presented to the planning department the proclamation

proclaiming November 4 - 8, 2002 as Planning Appreciation Week.

8a. Unified Development Ordinance, Zoning Map and Effective Date - Ms. Bobber explained to the Board members that adoption is the final step in the creation of the Town of Holly Springs Unified Development Ordinance. Ms. Bobber said that staff has been working with a consultant, Baker & Daniels, since April 2001 on this project and has remained on schedule throughout the drafting process.

Ms. Bobber said that the Planning Board had reviewed the final draft and recommends approval with text and map changes as suggested by the public, the consultant, the Town Board and staff.

Action: The Board approved a motion to adopt Ordinance 02-14 adopting the Unified Development Ordinance of the Town of Holly Springs with all staff recommendations of text and zoning map modifications from public hearing, staff and consultants comments, effective Nov. 8, 2002.

Motion By: Dickson

Second By: Atwell

Vote: Unanimous

A copy of Ordinance 02-14 adopting the UDO is incorporated into these minutes as addendum pages. A copy of the Unified Development Ordinance of the Town of Holly Springs adopted by the Board is on file in the Town Clerk’s Office and is not a part of these minutes.

At this time (7:50 p.m.), Commissioner Schifano arrived.

8b. Neighborhood Village District Guidelines, Phase 2 Contract with Elam Todd d’Ambrosi - Ms. Bobber explained that at the October 2, 2001 Town Board meeting the Board approved for staff to enter into an professional service agreement with Elam Todd d’Ambrosi to begin the concept plans for Phase A, of the NVD Guidelines project. Now that the Concept Plans have been adopted by the Town Board, staff is requesting approval to enter a professional services agreement for Phase B of the NVD project, design of the construction drawings. The construction drawings would include layout details; a staking plan, which would include horizontal layout and design; detailed grading; detailed landscape planting and planting specifications.

Action: The Board approved a motion to enter a professional services contract with Elam Todd d’Ambrosi in the amount of $2,500 for Phase B of the NVD project, to proceed with construction drawings.

Motion By: Tedder

Second By: Atwell

Vote: Unanimous

A copy of the Elam Todd d’Ambrosi contract is incorporated into these minutes as addendum pages.

8c. Parks and Recreational Manual - Mr. Bradley introduced to the Board the Parks and Recreation department draft manual which contains the program policies, procedures, and fees for facilities and services. The manual addresses youth and adult athletics, youth and teen leisure programs, senior programs, adult leisure programs, after school program, summer camp program, fitness room and facility rental information and fees.

Commissioner Tedder asked Mr. Bradley what was considered proof of need for applying for scholarships (referencing under fees and charges on page 6 in manual).

Mrs. Kennedy explained that a letter of request by the applicant was the first step. Ms. Kennedy said that the proof of need is determined by documentation by other State or County agencies like a letter indicating the applicant is receiving reduced price lunches, or receiving benefits from social services.

Mr. Bradley said that the Town has never turned a child away from participating in a town program.

Commissioner Dickson suggested taking a closer look at team sponsorship programs. Now that Holly Springs is getting more businesses in town, it is a viable option. If such a program were developed, it could drive the cost of participation down, he suggested.

Mr. Bradley said that was a common practice among non-profit athletic programs, but is not as common with municipal programs. However, he added, it could be done.

Action: The Board approved a motion to adopt the Parks and Recreation Manual.

Motion By: Atwell

Second By: Dickson

Vote: Unanimous

A copy of the Parks and Recreational Manual adopted by the Board is on file in the Parks and Recreation Department and is not a part of these minutes.

8d. Wake County Solid Waste Management Plan Request for Information - Mr. McNeil explained to the Board members that Wake County is working to update its 10‑Year Solid Waste Management Plan and is requesting information from all Wake County municipalities for the North Carolina Rural Communities Assistance Project, which is assisting Wake County in formulating the plan update. Although in June 2002 Holly Springs adopted to remove itself from the Wake County plan in favor of writing its own plan, NCRCAP is still interested in Holly Springs' responses to questions that they have.

Mr. McNeil reviewed some preliminary responses to these questions and requested that the Town Board endorse those answers as well as provide further input, if desired. The full response will then be forwarded to Wake County on or before Oct. 18.

These are the following questions and answers the Board considered:

*What are your Town's solid waste concerns? The Town believes the proposed South Wake Landfill to be located near Holly Springs is not in the best interest of the Town of Holly Springs nor Wake County. The Town believes the County should explore alternative disposal options, such as using an existing landfill facility in Sampson County. The proximity of the proposed landfill to Holly Springs poses an economic and environmental threat to the community. A landfill facility on the proposed site is not the highest and best use for this property, which is more ideally suited for industrial or commercial development, especially with its access to the Hwy. 55 Bypass. The property is too valuable to both the Town and the County in terms of taxbase for use as a landfill.

*What types of waste management services would you like to see offered at the county level? The Town of Holly Springs would like to see Wake County consider the option of shipping out all solid waste to privately‑owned and operated facilities outside Wake County, thereby eliminating the need for the proposed South Wake Landfill.

Commissioner VanFossen suggested that the answer to the second question also include “expanded recycling opportunities for more materials.”

Direction: The Board directed staff to respond to Wake County Solid Waste Management Plan questions with the answers provided by staff and with the additional comment provided by the Board: to expanded recycling programs.

8e. Irrigation Well Policy Variance Request - Mrs. Sudano explained that Mr. Lawrence Miller, a resident of Holly Glen Subdivision, is requesting a waiver to the Town’s irrigation well policy. Mrs. Sudano explained to the Board that engineering, public works, and public utility directors have reviewed Mr. Miller’s appeal and recommend denial of the request for the following reasons: enforcement of the existing policy statement provides the greatest assurance to the Town of protection of its water supply; and any variation from the policy would be inconsistent with other interpretations that are being made on similar requests on a weekly basis. Mrs. Sudano indicated that her department is currently processing 5 or more of these requests per week with the Fair Share/Saint Mary’s project connections.

Mayor Sears yielded the floor to Mr. Miller, who addressed the Board on this issue. Lawrence Miller, 308 Holly Green Lane – Mr. Miller said that he is requesting a waiver to the Town’s policy statement item three (3) which reads “irrigation wells must be located on the opposite side of the building from the public water service (in most cases this is in the rear portion of the lot).” His concern is that his water meter service is located in the backyard. According to the location of the house and the town’s sewer lines on the property, there is not a location in the front yard that can meet the state’s minimum separation distances for well construction standards.

Mr. Miller said that both the State and Wake County Environmental Health Division have inspected the property and concurred that the logical location for an irrigation well would be in the backyard of the property. Mr. Miller said that his first preferred location was a proposed 85 feet from the existing water meter; his second choice location is about 130 feet from the water meter, both located in the backyard.

Mr. Miller said that he understands the purpose of the town’s policy statement on irrigation wells is to minimize the risk of cross-connection to the Town’s potable water system. Either proposed location, he said, is at the greatest distance from the water meter and its connections at the house and would meet the state and county’s requirements, and the spirit of the town’s policy statement would be upheld.

Commissioner Schifano asked Mr. Miller if he would be willing to agree to advise future buyers of the Town’s policy and that cross connections are not allowed.

Mr. Miller said that the town’s policy stipulates all new home buyers are required to apply for a new permit.

Commissioner Tedder said that his strongest concern is the 100 feet setback requirement, but that this is an extremely unique situation. He said he would lean toward granting the waiver to allow the irrigation well.

There was further discussion regarding cross connecting the well to the water lines leading to the house and the town’s steps in monitoring water usage for irrigation wells.

Action: The Board approved a motion to approve a waiver to the Town’s Policy Statement P-008, Irrigation Wells, to allow Mr. Miller to locate an irrigation well in the backyard of his property with keeping the 100-foot setback requirement.

Motion By: Tedder

Second By: Schifano

Vote: Unanimous

Commissioner VanFossen discussed with staff the methods of monitoring the levels of water usage comparison through the water bills.

8f. Public Safety Center Contract with Little and Associates - Chief Parker reported that the initial space needs assessment of the Public Safety Department indicates that the property will be sufficient in size to accommodate the police and telecommunications divisions, following extensive renovations.

Brian Simpson of Little and Associates, the architecture firm for the town hall project, gave a brief history of the beginning of the new town hall and current purchase of the what is now called the Public Safety Center. Mr. Simpson explained to the Board that being that Duke Construction, as the single prime contract, and that the plumbing, mechanical and electrical contractors and architects are on site, it would be most cost efficient to add the Public Safety Center project to the town hall project as Phase 2 (rather than treating it as a separate project). Mr. Simpson reviewed with Board members the current construction schedule and noted that the Public Safety Center plans should be submitted for building permit by the end of December, 2002.

Mr. Simpson explained the architect’s lump sum fee is based on a percentage of the estimated cost of construction for the renovations to the Public Safety Center. The cost to Holly Springs would be $25,304 for design to integrate the two projects as one design and construction project. The goal, he said, is to have both buildings in operation by July 1, 2003. Mr. Simpson reviewed the scope of the contract and the ability to use the current on site contractor and sub-contractors. Mr. Dean announced that every Thursday there is a scheduled meeting and all Board Members are welcome.

Action: The Board approved a motion to enter a contract with Little and Associates for architectural and site field verification services associated with renovation of the former Holly Springs Auto Parts building which is now called Public Safety Center with a total fee not to exceed $25,304.

Motion By: Tedder

Second By: VanFossen

Vote: Unanimous

A copy of the Little and Associates contract is incorporated into these minutes as addendum pages.

9. Public Comment – At this time, an opportunity was provided for members of the audience who had registered to speak to address the Board on any variety of topics not listed on the night’s agenda. The following citizens were heard: None.

At this time, Commissioner VanFossen brought up that he had had several inquiries regarding dramatic increases in water bills. Commissioner VanFossen asked what and how high water bills are monitored. Mr. McNeil explained to commissioners the town’s policy’s on high water usage or meter problems.

10. Other Business – None.

11. Manager’s Reports – Mr. Dean reported that the employee picnic will be from 2 to 5 p.m. Oct. 19; that the North Carolina League of Municipalities annual conference will be Sunday and Monday in Durham; that a report on Town projects is forthcoming to the Board; and he recognized the planning staff and UDO committee members for the work they have done.

12. Closed Session - The Board approved a motion to enter Closed Session, pursuant to G.S. 143.318.11(a)(6), to direct the Town Manager regarding a personnel issue.

Motion By: Atwell

Second By: VanFossen

Vote: Unanimous

General Account, Closed Session – October 15, 2002

In Closed Session, the Town Board discussed and gave direction to the Town Manager regarding concerns that have been raised.

The Board then re-entered Open Session.

Action: The Board approved a motion to reenter Open Session.

Motion By: Tedder

Second By: Schifano

Vote: Unanimous

Action: The Board approved a motion to seal the October 15, 2002 Board of Commissioners Closed Session minutes until such time as the release of the minutes would no longer frustrate the purpose of the Closed Session.

Motion By: Atwell

Second By: Tedder

Vote: Unanimous

– End General Account

13. Adjournment – There being no further business for the evening, the October 15, 2002 meeting of the Holly Springs Board of Commissioners was adjourned following a motion by Commissioner Atwell, a second by Commissioner Tedder and a unanimous vote.

Respectfully Submitted on Tuesday, November 5, 2002.

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Joni S. Powell, CMCTown Clerk

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