12/3/02 Meeting Minutes, Town of Holly Springs

5a. Public Hearing: Annexation Petition A02-09 - Ms. Bobber reported that the town has received a petition from Bryan Properties representing property owner Doris Olive for voluntary annexation of approximately 331 acres of land located along Optimist Farm Road and Pierce Olive Road. Ms. Bobber reported that the petition meets all the statutory requirements for annexation.

However, she added, the town has been advised by a neighboring property owner that the legal description provided by the petitioner includes road right of way that she believes belongs to her and not to Doris Olive. She told the board that staff has requested the petitioner to resubmit a revised legal description and mylars realigning the property lines to the center line on Pierce Farm Road, which would eliminate any property not owned by Doris Olive.

With that explanation completed, Mayor Sears opened the public hearing to accept input. The following comments were recorded:

Betsy Olive – Ms. Betsy Olive addressed the Board advising that she had reviewed the documents and that the map and the legal description are incorrect. While the petitioner had submitted alternate language eliminating the road right of way by excepting it from the description, Ms. Olive said she still had some reservations about the verbiage because she has not had a chance to review it with her legal counsel.

Commissioner Schifano said he felt this item should be tabled until a revised legal description more accurately describing the property and a related map are drafted and Ms. Betsy Olive has a chance to review them with her attorney and to verify that the Town is not taking more property than it should.

Commissioner Atwell agreed.

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

Action: The Board approved a motion to defer action until December 17, 2002 so that metes and bounds can be corrected and a new map drawn for resubmital.

Motion By: Schifano

Second By: Atwell

Vote: Unanimous

5b. Joint Public Hearing: 02-PUD-01: Trotter Village PUD - Ms. Bobber explained to the Board that the Town has received an application for a Planned Unit Development to be called Trotter Village that contains approximately 83 acres located on the north side of Avent Ferry Road adjacent to Trotter Bluffs and Country Lane on the east, Logging Road on the west and the Town's waste water treatment plant on the north.

Ms. Bobber said that the proposed PUD is for a mixed use development that includes areas for large lot single family homes similar in nature to the existing adjacent subdivision of Trotter Bluffs as well as an area for townhomes and Charleston/village style homes with commercial and office along Avent Ferry Road for a "neo‑traditional" style area.

Ms. Bobber said that this joint public hearing is the first step in the formal review and consideration process.

Ms. Bobber said that town staff has received many phone calls and e-mails from adjacent property owners regarding concerns about this development. Ms. Bobber said the town will accept all comments and get back with the developer to see what can be accommodated with modifications.

Ms. Bobber reviewed with the Board that a Planned Unit Development Overlay district sets forth zoning regulations and does not require a detailed site plan. It is required to include a master land-use plan; phasing plan that specifies the anticipated schedule of project completion; a vehicular and pedestrian circulation plan; buffers, open space, and recreational facilities plan; utilities plan; storm drainage plan; hydrology plan; and draft covenants to create a homeowners association.

Ms. Bobber reported that approval of the PUD Overlay does not grant approval for construction as the developer would submit for approval detailed subdivision plans for each phase as development occurs.

Ms. Bobber explained to the Board that the plan meets all required land use elements; parks, recreation and open space elements; and other parks policies of the 10-Year Comprehensive Growth Plan.

The proposed PUD contains the following features: seven (7) use types; single family homes (18,000 sq. ft. lots), single family townhomes (15,000 sq. ft. lots), Charleston/village homes, patio homes, retail office (located along Avent Ferry Road), and various open space (14 acres, which exceeds town regulations) areas. The smallest lots are larger than typical lots in traditional neighborhood zoning; additional water and sewer services and road improvements to Avent Ferry Road that would line-up with Piney Grove Wilbon Road would be provided; a road connection to Trotter Bluffs and Country Lane, and three (3) additional road stub outs to adjacent properties, which is encouraged by the town, would be provided; and installation of an 8' asphalt greenway trail would be completed as well as additional park areas to be dedicated to the Town.

Ms. Bobber noted that the town received two (2) emails from Bill Banks and David and Janet Glasgow to be included as public comments. These comments were provided in agenda packets and are included in these minutes for the record.

Mr. Charles Elam, the project developer, addressed the Board explaining that his intention is to develop the remaining property of Joel Williams and to design it into a form that meets the Town’s long-range plans as they relate to this area. Mr. Elam said he feels that the property and the community would conform with a village, pedestrian-friendly design with a town commons as a central theme. He said there would be plenty of open space, an additional Bypass buffer; and an internal greenway system that would preserve all the steep slopes. He said the plan would maintain a hardwoods forest and that proposed is a section that would have some rear-alley lots with street scapes.

He said he is aware of concerns that have been expressed about traffic going through Trotter Bluffs. He said he would recommend to the Town Board that a condition of approval for the PUD be that the connection remain closed until completion of development in Trotter Village and that the company set up its own construction road system and access.

He said his firm tried to plan carefully and would listen to comments neighbors have. He said if there are things he can do to make the plan better, he would be glad to consider making changes.

Commissioner VanFossen asked why the developer was applying for PUD zoning instead of a UDO mixed use zone.

Mr. Elam said he had started this development prior to the Town’s adoption of the Unified Development Ordinance. He said his company tried, however, to come up with something that would be consistent with the UDO.

Commissioner Schifano asked if the company would be willing to meet with and go over its plans with neighbors. Mr. Elam said he would.

With that explanation completed, Mayor Sears opened the public hearing to accept input. The following comments were recorded:

Chuck Perry, 912 Logging Road – Mr. Perry said he had several issues he feels will effect him and residents of Logging Road, specifically, an access road stub to Logging Road, which is a private road. He added that the proposed commercial sites would not blend well with the surrounding residential area. He added that the proposed homesites are not in keeping with neighboring lots. He said any development on this property should be half-acre or more custom homes.

Paul Franzon, 1212 Happy Hunting Hill Drive – A copy of written comments from Paul D. Franzon and Debra L Ray is incorporated into these minutes as an addendum page. They spoke in opposition to the rezoning petition.

Robert Forcum, 1001 Logging Road – Mr. Forcum said he agrees with previous speakers who oppose the rezoning. He said he wants to talk to his lawyer to be advised of his legal rights as an adjacent property owner and requested that the public hearing be rescheduled 45 days from now or later.

Chesley Sugg, resident of Logging Road, representing Jeff Sugg – Mr. Sugg said Mr. Sugg, the elder, owns 17 acres adjacent to the subject property. Ms. Sugg said that Mr. Jeff Sugg opposes the PUD proposal because the high density of the development that is proposed may thwart his potential ability to develop his own 17 acres with larger-lot homes. He said this would negatively impact the value of his property and potential for development of it.

Robert Castillo, 1200 Avent Ferry Road – Mr. Castillo explained that he moved here in 1991. Mr. Castillo is opposed to the rezoning. He complained about utility projects; the abundance of construction projects in town and disappearing vistas.

David Glasgow, 1312 Trotter Bluff Drive – Mr. Glasgow (whose prior written comments are also included as addendum pages in these minutes) said the commercial space, patio homes and townhomes are a concern to him. He said he does not see the need for commercial development in this area. He added that the patio and Charleston homes are not consistent with surrounding properties. He said he is not protesting development, but would prefer that the zoning to stay R-20 as it is so that the appearance of the property would not drastically change. He said he also feared that traffic on Avent Ferry Road would increase to an intolerable state. In closing, he said he feels the developer should preserve the current density of the area and that this should be phase 3 of Trotter Bluffs instead of a new PUD..

Rob Masecar, 965 Logging Road – Mr. Masecar said the part of the development that would back up to Logging Road should be provided to keep the new residents from using the woods owned by Logging Road residents as their own recreational spaces. He added that the density of the development also is a concern and that he is concerned about what kind of impact the new development would have on Avent Ferry Road traffic. He said whether the plan is approved or not, he would encourage developers to incorporate natural features into new developments.

John Powell, 1308 Trotter Bluff Drive – Mr. Powell echoed concerns about density and commercial aspects of the plan. He said Trotter Bluffs is a quiet neighborhood and that he doesn’t feel this is what owners there envisioned happening on this property.

John Striker, 1209 Trotter Bluff Drive – Mr. Striker said the Increased density that is being proposed does not meet his approval. He added that if the plan moves forward, a traffic impact study should be required before the zoning is changed.

Garry Morris, 1301 Trotter Bluff Drive – Mr. Morris said he supports the Town’s 10-Year Comprehensive Plan but opposes this proposal because he feels it is not compatible with the existing development.

Michael Carroll 1452 Old Ivey Road, Apex, -- Mr. Carroll, who owns adjacent property, said his concern is the realignment of Piney Grove-Wilbon Road. He said that in order to do that, the corner would be remove from his property, thus decreasing his property’s value.

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

In summary comments, Commissioner Schifano clarified that the plan would include some townhomes, some patio homes, and some Charleston homes, but most of the homes would be larger lot sizes. He suggested that comments from the hearing and a future meeting between the applicant and the neighborhood may result in a plan that would be more satisfactory. He added that the character of Avent Ferry Road is changing and that it is not realistic to believe the character of Avent Ferry Road is not going to change further.

Commissioner Dickson pointed out to members of the audience that it is not the Town that is proposing this development, as some of the public hearing comments seem to imply. He stressed that the Town was being asked to rezone the property by a private person.

Action: The Board approved a motion to forward 02‑PUD‑01, Trotter Village PUD, to the December 19, 2002 or January 28, 2003 Planning Board meeting for review and recommendation, subject to Mr. Elam’s holding a public information meeting for residents.

Motion By: Schifano

Second By: VanFossen

Vote: Unanimous

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

6a. Wastewater Treatment Plant - The board approved a proposal from Davis Martin Powell & Associates Inc. and adopted a budget amendment to the FY 2002‑03 budget in the amount of $10,000 to cover the cost of conducting an efficiency study of the wastewater treatment plant. A copy of the Davis Martin Powell & Associates, Inc. proposal and budget amendment are incorporated into these minutes as addendum pages.

6b. Minutes - Minutes of the Board’s regular meeting held on November 19, 2002 were approved.

7. Recreation Scholarship Donation - Mr. Bradley presented the town with a donation from Lisa and Frank Price and family with a check in the amount of $600, which was donated to the Town’s parks and recreation department to be used as athletic scholarships for children and families in need. The Board requested that the Town Clerk prepare a proclamation to be presented to the Price family in recognition and appreciation for the contribution.

Action: No action taken.

8a. Board of Adjustment and Planning Board appointments - Ms. Bobber explained to the Board that terms are expiring Dec. 31 on both the Planning Board and Board of Adjustment. She had asked the Board to review applications contained in agenda packets and to appoint or re-appoint members to the respective boards.

In discussion, commissioners weighed the pros and cons of keeping experienced members and infusing the board with new members. In the end, commissioners agreed that the Board should at least take a look at setting term limits for its advisory and quasi-judicial boards.

Action #1: The Board approved a motion to defer action on making appointments until the Dec. 17 meeting so that staff could gather information on what other towns do regarding term limits.

Motion By: Dickson

Second By: Atwell

Vote: Unanimous

8b. Triangle Community Church Zoning Permit 02-ZPF-17 - Ms. Bailey said the town had received a permit application for a proposed church to be located along Sunset Lake Road on an approximately 5.80 acre site. The plan proposes a 7,200 square‑foot building, which is the first phase of a two-phase project.

Phase 1 would be utilized to gain the congregation size needed to begin the second phase of the project. The proposed building elevations indicate that a portion of the building facing Sunset Lake Road would have a brick façade with decorative window designs, while the sides and rear of the building would consist of beige metal with a brick base to match the front façade.

Ms. Bailey explained that water and sewer are not currently available for this site. Per provisions in the Town Ordinance, this site would not be required to connect to public utilities until the services become available.

Ms. Bailey said that on the Town’s Thoroughfare Plan, Sunset Lake Road is shown as a 74’ back to back roadway on a 100’ ROW. The Church is requesting that the Board not require road improvement, but to consider requiring a bond be posted in the amount of 125% the cost of the improvements.

Ms. Bailey said the Board of Adjustment granted a variance for paving of the parking lot to be completed no later than two (2) years from the date of issuance of the certificate of occupancy. Ms. Bailey said the Planning Board recommends approval.

Commissioner VanFossen stated for clarification that any approvals given this evening would be only for the Phase 1 building and not the future Phase II building.

Action: The Board approved a motion to approve the Site Plan/Zoning Permit for Triangle Community Church, 02‑ZPF‑17, as submitted by Withers & Ravenel with the following conditions:

1. Phase II of this development will be required to go through a full development plan / site plan review and approval as specified in the ordinance before submitting for construction drawing review.

2. The buffer along Sunset Lake Road should be modified to a 50’ semi‑opaque buffer.

3. As per the conditions of the Variance (02‑VAR‑13) granted by the Board of Adjustment: The paving of the Phase I parking lot must be completed no later than two (2) years from the date of issue of the Certificate of Occupancy of the building in Phase I.

4. Paved entrance into the parking lot.

5. Right‑of‑way dedication for Sunset Lake Road

6. The Board agreed to allow the church to delay thoroughfare improvements on Sunset Lake Road for a period of no more than two years with a bond to be posted for the improvements in the amount of 125% of an engineer’s estimate until the improvements are constructed.

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

* Provisions for future connection to water and sewer

* Engineer’s Estimate for all improvements along Sunset Lake Road (including but not limited to: widening, curb and gutter, drainage, sidewalk, lighting)

8. That the buffer be changed from 20 feet of semi-opaque buffer to 20 feet of opaque buffer parallel to Heritage Meadows Drive the length of the Phase 1 building and the proposed future Phase 2 building.

Motion By: Atwell

Second By: VanFossen

Vote: Unanimous

At this time, Commissioner VanFossen asked to be excused from discussion and action on the next agenda item, citing his financial interest in the project as its architect.

Action: The Board approved a motion to excuse Commissioner VanFossen.

Motion By: Schifano

Second By: Atwell

Vote: Unanimous

A quorum of the Town Board of Commissioners was still present.

8c. Express Food and Fuel Zoning Permit 02-ZPF-18 -- Ms. Bailey explained that the permit application for Express Food & Fuel is a proposal for a 3,084 square foot convenience store with gas pumps and an approximately 730 square foot self‑service carwash. The development would be located at the intersection of Sunset Lake Road and Holly Springs Road on an approximately 0.86 acre site.

The applicant has chosen to develop this property using the ordinance waiver that was created as a bridge to the Unified Development Ordinance, Ms. Bailey explained. The requested waivers are to the Zoning Ordinance requirements for setbacks, landscaping / buffers, and parking.

Ms. Bailey reviewed the Town’s Comprehensive Growth Plan, which designates this intersection as a Neighborhood Village District activity center, which allows for commercial uses. The Growth Plan suggests that each activity node have a public landmark. The corner that is proposed for development is to provide the wall feature as a public landmark. A recently adopted policy requires that this feature be installed by the developer at the time of construction. She added that the feature must be placed in an easement, and the Town will maintain it.

Ms. Bailey said the zoning ordinance requires a 30-foot setback along Sunset Lake Road and Holly Springs Road, a 25-foot setback along the northern property line, and a 10- foot setback along the western property line. The proposed site plan is using waivers to reduce the required setbacks.

In exchange for the reduction in setbacks along the right‑of‑way the applicant has placed the majority of the parking to the interior of the site, as well as providing additional site landscaping. The applicant has added a 3-foot landscaped berm at the corner of the site to reduce the impact of the building, and has relocated the 10’ buffer to the interior of the site to allow for a cross access easements that have been provided.

Ms. Bailey said that the proposed building elevations indicate that the convenience store and self‑service carwash would utilize brick as the primary building material and a pitched roof composed of standing seam metal. The canopy over the gas pumps would consist of columns enclosed in a brick veneer with a pitched standing seam metal roof.

Both Holly Springs Road and Sunset Lake Road are on the Town’s Thoroughfare Plan, and the developer would be required to construct the road improvements or pay a fee‑in‑lieu for these improvements. The access points for the site have been shifted to the property lines to allow for future shared access with the adjacent properties. Both entrances would be right‑in/right‑out. A signal fee‑in‑lieu ($25,000) would also be due for this site. The developer has asked that the Town Board delay this payment until 6 months prior to the Town’s letting the contract for installation of the signal. Ms. Bailey said staff recommends if the Board delays this payment that a bond be put in place at the time of certificate of occupancy for the payment. The developer would also contribute $1,000 toward a traffic impact analysis that would be performed for the intersection.

The Board discussed the merits of allowing waiver of the fee in lieu of the traffic signal for a period of time and how to secure it. A promissary note was suggested.

At this time, Ms Bailey noted that the Planning Board had reviewed the plan and does not approve of a left-in to Sunset Lake Road.

Action No. 1: The Board approved a motion that it made and accepted the necessary findings of fact and granted requested waivers to the zoning ordinance requirements for site setbacks, landscaping / buffers and parking (including the applicant’s request that the Board approve an encroachment into the 20’ setback along the corner of Sunset Lake Road and Holly Springs Road to provide an opportunity to square off the corner of the building and that this portion of the building will be screened by the 3 foot berm and the NVD landscape feature.

Motion By: Schifano

Second By: Atwell

Vote: Unanimous

Action No. 2: Having made findings of fact and approving waivers to the zoning ordinance requirements for the site setbacks, landscaping / buffers and parking, the Board approved Zoning Permit 02-ZPF-18 for Express Food & Fuel, as submitted by Thompson & Associates P.A., with the following conditions:

1. A public landmark is to be provided inside the easement at the corner of Sunset Lake and Holly Springs Roads. It is to be constructed to the specifications provided by the Town of Holly Springs during the construction of the convenience store.

2. An easement map must be recorded for the cross access and the NVD landscape area before Construction Drawing approval will be granted.

3. A promissory note in the amount of $25,000 is to be issued by the landowner toward signalization of the intersection and that the note be and payable six months from today’s date and adding all necessary roadway improvements as determined by the director of engineering.

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

* Detailed grease trap information

* ROW dedication

* Documentation of easement allowing encroachment onto adjacent properties

* Downstream road ditches, drive pipes and outlet channels should be evaluated and upgraded as necessary

* Payment‑in‑lieu for signal ($25,000)

* Participation in TIA ($1000)

* Payment-in-lieu of road improvements

Areas of Consideration for Additional Conditions:

Motion By: Schifano

Second By: Dickson

Vote: Unanimous

Action: The Board approved a motion to readmit Commissioner VanFossen into the business meeting.

Motion By: Schifano

Second By: Atwell

Vote: Unanimous

8d. Bass Lake Retreat Zoning Permit 02-ZPF-19 - Ms. Bailey explained to the Board that the Bass Lake Retreat Center is a town project consisting of an approximately 3,300 square‑foot building that will contain office and meeting space and will serve as a regional park facility for the town. The building is located on Bass Lake Road across from Salem Ridge Road, which is a part of the Sunset Ridge subdivision. The Town has chosen to develop this property using the ordinance waiver that was created as a bridge to the Unified Development Ordinance. A waiver of the Zoning Ordinance requirements for setbacks and landscaping is being requested.

Ms. Bailey said that the ordinance has specific setback requirements for this type of development and the plan submitted does meet those standards with the exception of the required 50’ setback along Bass Lake Road. The proposed site plan is using waivers to reduce the 50’ setback due to the fact that there is a dam being installed to the rear of the site which creates site limitations in addition to the required right‑of‑way dedication.

Ms. Bailey said the Town’s Comprehensive Growth Plan has this site marked as a passive Regional Park, which allows for passive activities such as hiking, interpretive ecological or historic programs, picnic areas, an amphitheater, outdoor classrooms, scenic overlooks, fishing and canoeing. The proposed plan conforms to the Comprehensive Growth Plan for this site.

Ms. Bailey said the building has been designed in a way that will assist it in blending with the surrounding residential development. It will be composed primarily of siding painted a light sand color and drift wood architectural shingles. Also, the building on this site will be constructed over the edge of Bass Lake once finished. There are several governmental agencies that have specific requirements that must be met prior to construction. These requirements will have to be met prior to construction drawing approval.

Action No. 1: The Board approved a motion that it made and accepted the necessary findings of fact and granted waivers to the zoning ordinance requirements for the site setbacks and opaque landscaping, agreeing that a semi-opaque buffer would be allowed on Bass Lake Road.

Motion By: Atwell

Second By: VanFossen

Vote: Unanimous

Action No. 2: Having made findings of fact and approving waivers to the zoning ordinance requirements for the site setbacks and landscaping, the Board approved a motion to approve Zoning Permit 02-ZPF-19, Bass Lake Retreat, as submitted by Thompson and Associates, P.A., with the following conditions:

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

* Show Neuse and Bass Lake Buffers.

* Dimension depth of angle parking stalls. See engineering standards for minimum

requirements.

* Show sewer service and clean‑out.

* Show RPZ on water service.

* Show required Bass Lake Road widening per Thoroughfare plan, unless a waiver

is granted by the Town.

* Recommend design and construction to incorporate provisions for Town

maintenance staff to be able to access manholes regularly (one appears to be located under the decking).

Motion By: Atwell

Second By: VanFossen

Vote: Unanimous

8e. Holly Springs Pump Maintenance Building Development Plan 02-DP-01 - Ms. Bailey said the Town has applied for development plan approval to construct a 3,600 square foot pump maintenance facility that would be used for the repair of water and waste water systems. The building is to be located on a lot south of the Holly Springs Business Park and west of the NC 55 Bypass.

Action: The Board approved a motion to approve the development plan for the Town of Holly Springs Pump Maintenance Facility, 02‑DP‑01, as submitted by the Town of Holly Springs, with the following conditions:

1. Prior to construction drawing review, the building elevations must be approved by the Town Board.

2. An evaluation of the buffer areas will be made by the Planning Staff after grading has been completed to determine if the property is adequately buffered from adjacent residential uses and any potential issues will be addressed prior to issuance of Certificate of Occupancy.

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

* Water service location

* Sewer service location

Motion By: Dickson

Second By: VanFoseen

Vote: Unanimous

8f. Holly Spring Police Station Development Plan 02-DP-02 - Ms. Bailey said that the Town has submitted for development plan approval to renovate and remodel the recently purchased Auto Parts store adjacent to Town Hall, to serve as the town’s new Public Safety building. The building is located at the corner of Ballentine Street and Avent Ferry Road and will have an additional 720 square feet added on to the rear. This development plan also proposes to modify the existing parking lot to serve both Town Hall and the Public Safety office.

Ms. Bailey said the building is located on Ballentine Street which has already been upgraded with on street parking. Some additional curb and gutter and sidewalk will be put in to complete the remainder of Ballentine Street. The existing rear parking area will be expanded.

Action: The Board approved a motion to approve the Development Plan for Holly Springs Police Station and parking lot modification, 02‑DP‑02 as submitted by Little & Associates Architects, with the following conditions:

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

* Drainage

* RPZ

* Parking lot drainage.

Motion By: Atwell

Second By: VanFossen

Vote: Unanimous

8g. Earp Street Sidewalk Construction and $16,480 Budget Amendment - Mrs. Sudano explained that in accordance with a previously approved Holly Springs Crossing developer agreement, the developer has indicated that they would install a missing (approximately 80 linear foot) section of sidewalk to connect the Town's existing sidewalk on Earp Street to the sidewalk being installed by the developer adjacent to his site. The construction of sidewalk on this street also requires the construction of approximately 5' of pavement plus curb and gutter and storm drainage. The total cost for construction of this segment is $14,986 plus 10% contingency, or a total of $16,480. The right of way and construction easements were dedicated for free to the Town.

Action: The Board approved a motion to approve the funds to construct the Earp Street sidewalk connection and to adopt a budget amendment in the amount of $16,480 to pay for the project from street payments in lieu.

Motion By: Schifano

Second By: Atwell

Vote: Unanimous

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

8h. Thomas Mill Road Surveying Proposal - Mrs. Sudano said in efforts to increase the attractiveness of the Holly Springs Business Park for the location of a potential major industry, the subject proposal provides for surveying services to: 1) stake the centerline of Thomas Mill Road from its existing end of pavement to its future intersection with Ballentine Street by the end of this week, and to 2) survey cross‑sections along the same alignment for design to occur as quickly as possible. Staff time and resources are currently being evaluated to determine if this design can be performed in-house. If not, a future proposal will be forthcoming for the design, Mrs. Sudano said.

Action: The Board approved a motion to enter a professional agreement with CH Engineering, PLLC, for Thomas Mill Road right of way surveying; to adopt a budget amendment in the amount of $3,550 from the street reserve fund to cover the work; and approved a $35,000 proposal for the clearing and grubbing and construction of a gravel logging road extension.

Motion By: Schifano

Second By: Dickson

Vote: Unanimous

A copy of the CH Engineering, PLLC, proposal and budget amendment are incorporated into these minutes as an addendum pages.

8i. BFI Franchise Extension Proposal - Mr. Dean reviewed a proposal from BFI for a possible extension in the franchise timeframe for operation of the construction and demolition landfill off of New Hill Road. Mr. Dean reported that within the packet distributed to the Board prior to the meeting is a copy of Commissioner Steve Tedder’s comments received via email.

Mr. Dean said the company is requesting to extend the franchise through December

31, 2005, rather than April 30, 2003. Mr Dean said the company is willing to amend its current host fee and rate schedule for the Town in exchange for permission to extend the franchise.

Mr. Dean pointed out that any reference to Finisterra has been removed from the proposal extension. Mr. Dean said that in his conversation with the developer it indicates no problem with the continued operation of the landfill.

Mr. Dean noted that if the Board decides to consider this request, a new franchise ordinance would need to be drafted and then read and approved on two separate occasions.

Mr. Rick Prather addressed the Board to explain what BFI is proposing. When BFI originally asked for an extension, past volumes were considered, he said. However, the company has experienced recent lower volumes due to the economy and new competing C&D landfills. Mr. Prather said because of the lower than anticipated volumes, BFI is asking for an extension of time to fill remaining cell as described in the original agreement.

Action: The Board approved a motion that it would consider the request from BFI for an extension of time and a proposed agreement setting out associated pay schedules.

In discussion, Commissioner Schifano said he would not vote for another extension of time although he expressed his belief that BFI has been an outstanding corporate citizen and that the C&D landfill it operates is not comparable to the proposed South Wake Landfill. Commissioner Schifano said he had stated in the past that he would not support another franchise amendment, and he intended to stand by his word.

Motion By: VanFossen

Second By: Dickson

Vote: The motion carried, 3-1. Commissioners VanFossen, Atwell and Dickson voted for. Commissioner Schifano voted against.

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.

10. Other Business – Commissioner VanFossen suggested, and the Board agreed, to add the widening of Holly Springs Road from Johnson Street to Holly Springs Crossing Shopping Center to the Town’s transportation capital improvement projects list.

11. Manager’s Reports – Mr. Dean reported that the Town’s Christmas party is scheduled for December 13, at 7 p.m. in the W. E. Hunt Community Center gymnasium; that the Christmas parade is Dec. 14; that the town hall construction project is on schedule; and that the NC 55 Bypass is scheduled to open the week of December 8, 2002.

12. Closed Session - None.

13. Adjournment – There being no further business for the evening, the December 3, 2002 meeting of the Holly Springs Board of Commissioners was adjourned following a motion by Commissioner Atwell, a second by Commissioner VanFossen and a unanimous vote.

Respectfully Submitted on Tuesday, January 21, 2003.

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Joni Powell, CMC, Town Clerk

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

Minutes Attachments:

Bill Banks email

Glasgow email

Paul Franzon and Debra Ray written comments

Davis Martin Powell & Associates, Inc. proposal and budget amendment

$16,480 budget amendment

A copy of the CH Engineering, PLLC, proposal and budget amendment

Not BFI

don’t forget for Jan. 21

Price Family proclamation

Set special meeting for winter retreat