Town of Holly Springs

Board of Commissioners Regular Meeting

Tuesday, November 5, 2002

MINUTES

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, November 5, 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 all five board members were present as the meeting opened.

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

Board Members Absent:: None.

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; Drew Holland, finance director; Kendra Thompson, senior engineer; Stephanie L. Sudano, director of engineering; and Alysia Bailey, town planner. Chief of Public Safety Cecil Parker arrived later in the meeting for the discussion on the Public Safety Center designs.

2 and 3. The pledge of allegiance was recited, and the meeting opened with an invocation by Rev. Gary Allred of Sunrise Methodist Church.

4. Agenda Adjustment ‑ The November 5, 2002 meeting agenda was adopted with changes, as listed below.

Motion By: Dickson

Second By: Atwell

Vote: Unanimous.

Items Added to the Agenda: Approval to purchase a bucket (cherry picker) truck from Progress Energy was added to the Consent Agenda.

Agenda Items Removed: None.

Other Changes: None.

5. Special Presentation - Mayor Sears and Mrs. Bobber presented certificates of appreciation to the members of the Holly Springs Commercial Corridor Growth Committee and the Unified Development Ordinance Committee in recognition of their service to the Town.

6a. Bass Lake Visitors Center Grant ‑ Mr. Marty Clayton of Progress Energy announced that on behalf of Progress Energy and its employees, the company has presented to the Town a grant in the amount of $25,000 to apply toward the construction of Bass Lake Visitor Center.

Action: The Board approved a motion to accept the $25,000 grant from Progress Energy to go toward the construction of the Bass Lake Visitors Center and to adopt a budget amendment to assign the funds in the budget.

Motion By: Dickson

Second By: Schifano

Vote: Unanimous

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

6b. Solid Waste Reduction Committee Report - Mr. Glenn Myrto, chairman of the Solid Waste Reduction Committee, reported to the Board a summary of the committee’s activities, and its future goals and strategies.

A copy of Mr. Myrto’s report is incorporated into these pages as an addendum page.

Action: None.

6c. Estes Lane Paving - Ms. Chenille Booker had requested to appear on the agenda to share her neighborhood’s desire that Estes Lane be paved. Ms. Booker, however, was not present to make her address.

Mrs. Sudano advised that in the Town’s Transportation CIP list, Estes Lane is on the 0- to 2- year schedule. She added that a neighboring development may expedite the project. A revised Transportation CIP list will be presented at the Board’s Nov. 19 meeting.

Mayor Sears suggested that the Engineering Department write a letter to Ms. Booker to advise her of the status of the paving of Estes Lane.

Action: None

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

7a. Resolution 02-R-32 – The Board adopted Resolution 02-R-32 directing the Town Clerk to investigate the sufficiency of annexation petition A02-06 and to fix a public hearing date of November 19, 2002. A copy of Resolution 02-R-32 is incorporated into these minutes as an addendum page.

7b. Resolution 02-R-33 – The Board adopted Resolution 02-R-33 lifting mandatory water conservation restrictions. A copy of Resolution 02-R-33 is incorporated into these minutes as an addendum page.

7c. Resolution 02-R-34 – The Board adopted Resolution 02-R-34 directing the Town Clerk to investigate the sufficiency of annexation petition A02-07 and to fix a public hearing date of November 19, 2002. A copy of Resolution 02-R-34 is incorporated into these minutes as an addendum page.

7d.Resolution 02-R-35 – The Board adopted Resolution 02-R-35 directing the Town Clerk to investigate the sufficiency of annexation petition A02-08 and to fix a public hearing date of November 19, 2002. A copy of Resolution 02-R-35 is incorporated into these minutes as an addendum page.

7e. Resolution 02-R-36 – The Board adopted Resolution 02-R-36 directing the Town Clerk to investigate the sufficiency of annexation petition A02-09 and to fix a public hearing date of November 19, 2002. A copy of Resolution 02-R-36 is incorporated into these minutes as an addendum page.

7f. Budget Amendment $205,595 -The board adopted a budget amendment to the FY 2002‑03 budget in the amount of $205,595 to assign funds to the Town Hall project to cover the Public Safety Center building purchase. A copy of the budget amendment is incorporated into these minutes as an addendum page.

7g. Minutes - Minutes of the Board’s regular meeting held on October 15, 2002 were approved.

7h. Time Warner Cable Rate Filing Order and Extension Review Period - The Board adopted its 2002 Time Warner Cable Rate Filing Order (finding TWC’s 2002 FCC1240 Basic Service Tier and FCC 1235 Cost of Service Rates reasonable and its FCC 1205 Equipment and Installation Rates unreasonable) and an Order extending the review period for TWC’s 2003 rate filings. A copy of the 2002 Time Warner Cable Rate Filing Tolling and Accounting Order and the Order to Extend the Review Period for TWC’s 2003 rate filings are incorporated into these minutes as an addendum pages.

7i. Bucket Truck Purchase - The Board approved the purchase of a 1989 utility bucket truck from Progress Energy for $17,500 and authorized a budget amendment to be drafted to realign budgeted funds in the Public Works Department budget to cover the cost of the purchase.

8a. Open Space Master Plan - Mr. Bradley presented the Board with a final draft Open Space Master Plan in agenda packets for consideration. Mr. Bradley introduced Mr. Joe Lyle of Thompson and Associates, the company that developed Wake County’s open space plan.

Mr. Lyle provided the Board with background information about the goals and objectives of the countywide open space program, and specifically, the Holly Springs proposal. Basically, the plan would be a guide to identify and to evaluate land and open space resources in Holly Springs and in its extraterritorial jurisdiction area to establish open space preservation and water quality programs, he said.

Mr. Bradley said that the plan is the result of four public information meetings for public input, meetings with Wake County and municipal staff, hours of research by Town staff and consultants and a survey of residents.

The Open Space project is being initiated by Wake County and includes all 12 municipalities, Mr. Bradley said. Upon adoption of the Open Space Master Plan, it is anticipated that Wake County would provide grants for the acquisition of property with the objective being the preservation of open space and water quality. It is estimated that Wake County will have as much as $13 million to provide assistance.

Vernon Herschburg of Thompson and Associates addressed the Board to provide technical information about the study that was conducted in southern Wake County.

Commissioner Tedder commented that he felt that the Open Space Master Plan is a good plan that meets its intended use as a starting point. He said he felt a more detailed plan should be devised to continue the process and that would narrow the focus.

Action: The Board approved a motion to adopt the Open Space Master Plan -- with a modification to the language referencing the dwarf wedgemussel so that verbiage is in compliance with town policies.

Motion By: Tedder

Second By: Atwell

Vote: Unanimous.

A copy of the Open Space Master Plan adopted by the Board is on file in the Parks and Recreation Department and is not a part of these minutes.

Mayor Sears recognized a citizen concern about the Town’s power of eminent domain, a concern that was raised at a public meeting on the Open Space Master Plan and in phone calls to his office. Mayor Sears stressed that the Open Space Master Plan is a guide to use in the future as property in this vicinity develops so that open spaces are preserved. Acquisition of open space property would be an objective, but condemnation would be used only as a last resort, he said.

8b. Holly Springs Development Procedures Manual-Resolution 02-R-37 - Ms. Bobber explained to the Board members that, as a part of drafting and preparation of the Unified Development Ordinance, it was decided to remove all review procedures from the actual UDO and to create a separate Development Procedures Manual. This will allow for the departments in the development review process to propose modifications to the procedures without requirement of a public hearing, and Planning Board and Town Board approvals. Ms. Bobber said the procedures were developed by the planning and zoning, engineering, parks and recreation, building codes enforcement and economic development departments.

Ms. Bobber indicated that sections 1-11 of the manual are subject to modifications through the Town Board which creates the review process “policies.” Section 12 would be recommendations on various design techniques, and the appendices are the applications packets.

Action: The Board approved a motion to adopt Resolution 02-R-37 adopting the Town of Holly Springs Development Procedure Manual.

Motion By: Tedder

Second By: Atwell

Vote: Unanimous

A copy of Resolution 02-R-37 adopting the Holly Springs Development Manual is incorporated into these minutes as an addendum page. A copy of the Development Manual 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.

8c. Holly Springs Fee Schedule Amendment - Ms. Bobber explained to the Board members that the newly adopted Unified Development Ordinance creates a variety of new and modified review procedures than those that are currently in the Zoning Ordinance. In order for the planning and parks and recreation department to continue to collect the associated processing fees for the new and modified procedures, it would be necessary to amend the fee schedule.

Action: The Board approved a motion to adopt the revised Holly Springs Fee Schedule.

Motion By: Schifano

Second By: Atwell

Vote: Unanimous

A copy of the Holly Springs Fee Schedule Amendment is incorporated into these minutes as addendum pages.

8d. Thompson & Associates Zoning Permit 02-ZPF-14 - Ms. Bailey explained that the developer is requesting zoning permit approval to remodel an existing approximately 2,000 square foot residence located off of Holly Springs Road into office space. The proposed modifications would mainly consist of interior changes, and the enclosure of the carport for additional office space. The outdoor modification would be limited to generating a parking area to serve employees.

Ms. Bailey said that the existing vegetation on the property would be used to assist in meeting the landscaping requirements, and where the existing landscaping does not meet the buffer intent, the landscape plan shows an adequate amount of infill planting proposed.

Ms. Bailey said the applicant is requesting permission to provide payment‑in‑lieu of improvements to Holly Springs Road. Holly Springs Road is on the Thoroughfare Plan as a 4-lane median divided section in this area.

Ms. Bailey reported that the Planning Board has reviewed the application and recommends approval with conditions.

Action: The Board approved a motion to approve zoning permit 02-ZPF-14 for Thompson and Associates Office as submitted by Thompson & Associates (Project Number TA-OFF, dated Revised 9/23/02) with the following conditions:

1. A fee‑in‑lieu be accepted for road widening, per the Engineering Department’s cost estimate when approved.

2. The following items are to be included on construction drawings (later in the approval process):

* RPZ on water service 2

Motion By: Schifano

Second By: Atwell

Vote: Unanimous

8e. Sunset Lake Road Shopping Center Zoning Permit 02-ZPF-16 - Ms. Bailey said the proposal is for a Zoning Permit/Site Plan for an approximately 78,000 square foot shopping center at the east corner of Sunset Lake Road and Holly Springs Road. Ms. Bailey said the plan before the Board is for approval of Phase I of a two-phase project and approval of Phase 2 access points.

Phase I would consist of an approximately 45,000 square foot food store as the anchor tenant, and approximately 33,000 square feet of retail shops.

Ms. Bailey said the existing vegetation on the property will be used to assist the project in meeting landscaping requirements, and where the existing landscaping does not meet the buffer intent, the landscape plan provided is proposing an adequate amount of infill planting.

Ms. Bailey said the Town’s Comprehensive Growth Plan has the intersection of Sunset Lake Road and Holly Springs Road marked as a Neighborhood Village District activity center. Each activity node must have a public landmark. The corner that is proposed for development is to provide the wall sign feature. A recently adopted policy requires that this feature be installed by the developer at time of construction; it must be placed in an easement; and the Town will maintain the feature.

Ms. Bailey said that a greenway trail as required by the Town’s Comprehensive Growth Plan is shown on the plans behind the shopping center along the creek. Final determination on the details of its design and connection to other pedestrian paths will be made at a later date.

Ms. Bailey reviewed the description of building elevation and the master signage information. It mentions that the building features will include multi‑colored masonry building facades, structural steal braced canopies over each storefront, and imitation second story facades.

Ms. Bailey said that both Holly Springs Road and Sunset Lake Road are on the Town Thoroughfare Plan for 74’ back to back on 100’ of right of way. Additionally, extra right of way would be required at the intersection to allow for additional turn lanes, as shown on the plans.

Ms. Bailey reported that the Planning Board had reviewed the petition and recommends approval with conditions.

Action: The Board approved a motion to approve Zoning Permit #02‑ZPF‑16 for Sunset Lake Road Shopping Center Phase 1 including approval of the access points for Phase 2 as submitted by Jerry Turner & Associates, (Project Number 00018000, dated Revised 10/7/2002) with the following conditions:

1. The plat for the subdivision of this property and its out parcels, and the recordation of the dedicated right‑of‑way, greenway trail, and the Town of Holly Springs landscape easement must be completed before construction drawing approval.

2. Out parcel development will be required to submit for separate Development Plan approval.

3. A public landmark is to be provided inside the easement at the corner of Sunset Lake and Holly Springs Road. It is to be constructed to the specifications provided by the Town of Holly Springs during the construction of Phase I of the shopping center.

4. A greenway trail will be constructed to town specifications and dedicated to the town in a corridor to be determined later and a connection will be made to the private pedestrian path of the center.

5. No additional roadway accesses will be permitted without Board Approval.

6. ROW dedication required shall include additional ROW (beyond 100’ ROW) at the intersection as necessary for turn lanes, as shown on plans.

7. The Town shall determine whether or not to accept a payment‑in‑lieu for roadway improvements or whether to require the developer to make the improvements.

8. The following items are to be included on construction drawings (later in the approval process):

* Tree protection fencing prior to clearing

* Signal upgrade fee‑in‑lieu

*Retaining wall design 2

Motion By: Tedder

Second By: VanFossen

Vote: Unanimous

8f. Public Safety Center Schematic Designs - Mr. Simmons and Bryan Simpson of Little & Associates, architects, presented schematic designs for the Public Safety Center to be located at the corner of Ballentine and Avent Ferry Road. Drawings were reflective of an old-fashioned police station, which would compliment the design of the neighboring town hall project. The objective is to pull the two projects together.

Action: The Board approved a motion to approve the Public Safety Center schematic designs prepared by Little & Associates.

Motion By: VanFossen

Second By: Tedder

Vote: Unanimous

8g. NC 55 and Avent Ferry Road Sidewalks Agreement with NCDOT - Mrs. Sudano explained that several months ago, staff wrote NCDOT requesting grant funds for assistance in installing sidewalk along NC55 and Avent Ferry Road. The proposed municipal agreement provides a grant that totals $60,000 for eligible expenses. The grant funds are subject to federal guidelines, and are for expenses associated with a 5-foot concrete sidewalk only, and can be used only for construction costs (not right of way acquisition, etc).

The Town would have to fund additional money for right of way acquisition, or for installing a decorative or wider sidewalk. Town staff has begun work on the project by authorizing surveying to proceed. Prior to commencing construction, staff will be completing the design plans and contract documents (in-house), initiating right of way acquisition, and gaining approval of the plans by NCDOT. A final budget will be presented to the Town Board for approval prior to the initiation of construction in the spring of 2003.

Action: The Board approved a motion to enter a municipal agreement with NCDOT for grant funds in the amount of $60,000 for NC 55 and Avent Ferry Road sidewalks and a budget amendment in the amount of $60,000 to align the funds in the Town’s budget.

Motion By: Atwell

Second By: Tedder

Vote: Unanimous

Copies of the NCDOT Municipal Agreement and Budget Amendment are incorporated into these minutes as addendum pages.

8h. Avent Ferry Road Ext. Surveying Services Agreement and Budget Amendment - Mrs. Thompson explained that currently there are two connections from Avent Ferry Road to NC 55. Mrs. Thompson said that there is an existing gravel path and right of way along the old railroad bed that connects Avent Ferry Road to Earp Street, which then leads to NC 55.

The other intersection, at NC 55, has very poor sight distance and is considered unsafe. Mrs. Thompson said that staff sees this connection as a vital link to the downtown area that would also alleviate traffic from the current Avent Ferry Road and NC 55 intersection. Staff proposes that the Town take the first step in the design process and survey the area.

Mrs. Thompson recommended the Town Board enter into a professional services agreement with Mauldin-Watkins Surveying, PA for surveying the proposed Avent Ferry Road Extension.

Action: The Board approved a motion to enter a professional services agreement with Mauldin-Watkins Surveying PA at a cost not to exceed $6,462.50 for the surveying of the proposed Avent Ferry Road extension and to use available Powell Bill funds to cover the cost of the work.

Motion By: VanFossen

Second By: Tedder

Vote: Unanimous

A copy of the Mauldin-Watkins Surveying PA proposal is incorporated into these minutes as an addendum page.

8i. NCDOT Utility Agreement for NC55 Widening from Bypass to Fuquay-Varina - Mrs. Thompson explained to the Board that NCDOT's schedule for widening the section of NC55 from the southern end of the Bypass to Fuquay‑Varina, has been let for construction. In reviewing the utility plans with NCDOT a year or so ago, the Town made some requests for NCDOT to install future water line stub‑outs from the Town's 16" water line during the course of their necessary relocation and interruption of the 16" main line. NCDOT agreed to make these additions to their utility contract, subject to reimbursement by the Town of Holly Springs for the requested work. The initial request by the Town was to incorporate work in the estimated amount of $60,000, to be reimbursed by the Town. However, since then, it has become apparent that new development may be coming on line and this total would be reduced. The proposed municipal agreement reflects the total scope of work that the Town is proposing to contract with NCDOT to handle during its roadway construction.

Mrs. Thompson said that by constructing the work now, the Town would save substantial costs later, when the waterline stub-outs and additional valve work becomes necessary. She noted that the Town would also be responsible for any over runs or change orders necessary to accomplish this work.

Action: The Board approved a motion to approved the revised municipal agreement with NCDOT and the associated budget amendment in the amount of $23,465 transferred from the Water Reserves account.

Motion By: VanFossen

Second By: Tedder

Vote: Unanimous

Copies of the Revised Municipal Agreement and budget amendment are incorporated into these minutes as addendum pages.

8j. Bryan Properties Developers Agreement ‑ Mr. Dean explained to the Board that Bryan Properties has submitted a Planned Unit Development application for approximately 328 acres located on the north and south sides of Optimist Farm Road. Mr. Dean said that the request before the Town is to consider a preliminary developer agreement for this project, setting out terms for utility and street improvements and parks. Mr. Dean pointed out that the Town may add a provision for credits for over-sized utility lines to the document.

The agreement would be subject to the Board’s approving the PUD and a final developer agreement, Mr. Dean said.

The Town Attorney stressed that the preliminary developer agreement provided no real legal position for the Town; however, it would serve to give the developer an indication that the Town would be willing to provide fee credits in exchange for certain improvements.

Action: The Board approved a motion to approve the preliminary developer agreement with Bryan Properties -- with amended language to provide for over-sized utility line reimbursement or credits.

Motion By: Tedder

Second By: Dickson

Vote: Unanimous

A copy of the amended Bryan Property Developers Agreement is incorporated into these minutes as addendum page.

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:

Tim Richards, 128 Clay Ridge Way – Mr. Richard addressed the Board, requesting a traffic analysis on Ballentine Street after the Bypass is opened. He raised his concerns about traffic speeds and lack of sidewalk. Besides sidewalk, he requested traffic-calming devices.

Commissioner VanFossen commented that he felt the Town’s criteria for traffic-calming devices should be re-evaluated because no requests the Town receives seem to qualify.

Commissioner Schifano agreed and said his position is that the Town should have speed humps where ever they are needed.

Commissioner Atwell said he felt the Town should be careful not to lower the standards too much because every street in Town may end up with speed bumps.

The Board asked that Chief Parker provide a report of the requests that have been received thus far and the results of the speed and volume tests associated with each request.

Lesli Doares, 316 W. Elm Ave. – Mrs. Doares addressed the Board to announce the formation of the Holly Springs Teen Council. She said the Teen Council is open to all middle and high school students, and its purpose is to help teens get involved with their community and various charitable events. The Council’s first event will be a clothing drive scheduled for Nov. 9 at the Hunt Center.

10. Other Business – None.

11. Manager’s Reports – Mr. Dean reported that at noon on Nov. 19, there will be a dedication ceremony to mark the fast-approaching opening of the NC 55 Bypass. He said the Bypass should be open to motorists by the first of or mid-December. Mr. Dean reported that there will be volunteer workdays at Bass Lake Nov. 23 and Dec. 7 when volunteers will build trails and do other chores to get the park ready for opening; that the Town is waiting on the State’s permission to fill the lake; and that the Bass Lake Park visitors center site plan has been submitted.

Commissioner VanFossen suggested that the Town ask architect Michael Weeks if the foundation-only plans could be submitted so that pilings can be installed before the lake is filled with water.

12. Closed Session - The Board approved a motion to enter Closed Session, pursuant to G.S. 143-318.11(a)(3) to consult with the Town Attorney on possible litigation concerning Thompson Contracting.

Motion: Tedder

Second: Dickson

Vote: Unanimous

General Account

Mr. Pearson explained that Thompson Contracting has basically offered to settle its dispute with the Town at an amount significantly higher than a figure that would be based on the contract figures. Mr. Pearson said he used the contract amounts to come up with a reasonable settlement figure.

He noted that the company is claiming damages for “downtime,” despite the fact that the company finished the work on time.

Background: Thompson Contracting in constructing the dam at Bass Lake required fill dirt, but was purchasing fill that Mr. Bradley believed was costing twice as much as it should have. Mr. Bradley said he would provide the fill instead. When Mr. Bradley began providing fill, Thompson officials kept rejecting it and is now claiming damages for the downtime.

Mr. Pearson stressed that the company finished its work on time and was not substantially impacted by the delays its own officials brought about. He said the Town is in a strong position and he asked for the Board’s agreement that he proceed by having the attorney for Thompson Contracting to contact him.

The Board agreed and indicated that the settlement amount put forward by Thompson Contracting was much too high.

– End General Account

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

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

13. Adjournment – There being no further business for the evening, the November 5, 2002 meeting of the Holly Springs Board of Commissioners was adjourned following a motion by Commissioner Atwell, a second by Commissioner Dickson and a unanimous vote.

Respectfully Submitted on Tuesday, November 19, 2002.

‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑

Joni Powell, CMC, Town Clerk

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