2/19/02 Meeting Minutes, Town of Holly Springs

5a. Wake County Public Schools Communication - Ms. Christina Lighthall, senior director of Wake County Public School System’s facilities, planning & construction office, addressed the Board with an overview of funded projects in the Wake County Public Schools, Phase IIIB, Plan 2000 and an introduction to the next building program.

Plan 2000 projects, which include the schools that will be opening soon in this area, are part of a plan to meet demands through 2004. That brings us to the next building program, she said.

Plan 2004 would begin with a bond referendum in the fall of 2003. With growth projections, it appears that there will be more secondary schools in this new program than elementary schools as in the past. She said WCPS will be addressing the overcrowding in Holly Springs and she stressed that the school system is well aware of the explosion of growth in Holly Springs.

At this time, Mayor Sears noted that the Town is pursuing with Wake County the possibility of a high school for Holly Springs.

Action: No action requested.

6a. Public Hearing: Ordinance Amendment 02-01 - Ms. Bobber explained that according to the Town Code, the zoning administrator from the Department of Planning & Zoning is required to sign off on all Certificates of Occupancy, including those for single‑family homes. In an effort to reduce the time necessary for approval of single‑family residential COs, it is proposed to modify the definition of zoning administrator in the Town Code to include the words "or their designee" so that another staff member could be given the same authority. Ms. Bobber explained that the logical additional appointee would be the director of building code enforcement, who could then approve COs for single‑family residential construction.

Ms. Bobber said the Planning Board recommends approval of Town Ordinance 02-01 (Zoning Ordinance Amendment 02‑ZOA‑01) to modify the definition of zoning administrator.

With that explanation completed, Mayor Sears opened the public hearing.

There were no comments offered for or against the ordinance amendment, and the public hearing was closed.

Action: The Board approved a motion to adopt ordinance amendment 02-01 to modify the definition of “zoning administrator” in the Town Code to provide for and include a designee of the planning and zoning director.

Motion By: Schifano

Second By: Dickson

Vote: Unanimous

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

6b. Public Hearing: 02-REZ-01- Progress Energy (CP&L) Property - Ms. Bobber explained that the Town of Holly Springs annexed 425.517 acres into the Town limits on January 15, 2002. Ms. Bobber said the property was not within the Town's ETJ, but under Wake County zoning; therefore, upon annexation, a Town zoning designation should be applied to the property. Holly Springs R‑20: Residential/Agricultural, Ms. Bobber explained, is the lowest-intensity zoning district in the Town and is the closest to the Wake County zoning that existed previously on the property.

Ms. Bobber said the Planning Board recommends approval of rezoning 02‑REZ‑01 setting the zoning of the Progress Energy (CP&L) annexation area of 425.517 acres to Town of Holly Springs R‑20: Residential/Agricultural District.

With the explanation completed, Mayor Sears opened the public hearing. The following citizens were heard:

Steve Cochran, Progress Energy – Mr. Cochran addressed the Board and said the company would like the Board to entertain in the future the rezoning of a portion of the property to C-1. The portion of property he identified is the acreage that straddles U.S. 1.

Ms. Bobber clarified for the audience that tonight’s public hearing and action would be limited to the original notice that R-20 was being considered. The suggestion to make some of the property C-1 would have to go through the due process and would come back to the board in the future.

Kendall Pratt – Mr. Pratt asked if the property had been annexed. The response was yes.

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

Action: The Board approved a motion to approve rezoning 02-REZ-01 assigning the zoning of the 425.517-acre Progress Energy (CP&L) annexation area from Wake County zoning to Town of Holly Springs R-20, Residential/Agricultural.

Motion: Schifano

Second: Atwell

Vote: Unanimous

6c. Joint Public Hearing: Rhamkatte Village PUD Amendment 01-PUD-05-A01 - Ms. Bobber explained that due to a proposed commercial development within the approved Rhamkatte Village Planned Unit Development, a series of amendments are proposed to allow for the review and approval of a zoning permit. Ms. Bobber said the amendments include landscaping and buffering reductions, reductions in parking lot landscaping, increase in signage allowances, and increase in lot coverage/impervious surface area.

Ms. Bobber said that this is the first step in the PUD amendment process. Ms. Bobber explained that this is a joint public hearing between the Town Board and the Planning Board to receive public comment and that the Town Board is to then forward the plan to the Planning Board for review and recommendation at its February 26, 2002 meeting. The subject amendment would return to the Town Board for consideration on March 5, she added.

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 forward Rhamkatte Village PUD Amendment 01-PUD-05-A01 to the Planning Board for its review and recommendation at its February 26, 2002 meeting.

Motion By: Schifano

Second By: Atwell

Vote: Unanimous

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

7a. Budget Amendment, $9,000 - A budget amendment to the FY 2001‑02 budget was adopted in the amount of $9,000 to cover the costs associated with publication of the 125^th anniversary history booklets and the A to Z service directories.

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

7b. Budget Amendment, $82,800 - A budget amendment to the FY 2001‑02 budget was adopted in the amount of $82,800 to make up for disbursements being withheld by the State of North Carolina. A copy of the budget amendment is incorporated in these minutes as an addendum page.

7c. Minutes - Minutes of the Board’s regular meeting held on Jan. 15, 2002 and its winter retreat held Jan. 18-21, 2002 were approved.

8a. Business Park Entrance Landscaping Proposal and Budget Amendment - Ms. Thompson explained that this project would provide the Town with a landscape construction drawing, including median and edge plantings, in all four quadrants of the Hwy. 55 Bypass and Ballentine Street interchange (for a distance of 200 feet in both directions). The project also calls for a plan for decorative signage at the primary intersection for the Holly Springs Business Park.

Ms. Thompson said this proposal and project was solicited by the director of Economic Development and the engineering department agreed to assist with project management. The proposed project would include two (2) phases of development, as follows:

Phase 1

1. Landscape Plan‑Planting plan

2. Lighting Plan‑illumination of proposed median signs.

3. Sign Plans‑Details for the construction of two proposed median signs. Three preliminary sketch designs to choose from.

4. Irrigation Plan‑ Irrigation design for sod areas and flower beds within the project area.

5. Color renderings of final sign elevation and landscape plan will be provided.

6. Presentation of preliminary sketches and final design to the Town of Holly Springs staff and elected officials.

Phase 2

1. Bid packages and assistance with choosing contractors.

2. Coordination with NCDOT for compliance with all State standards and specifications.

3. Assistance during construction for all necessary permits and easements.

Ms. Thompson said due to the recent interest from industry in the business park, the director of economic development and the town manager -- with the town board’s concurrence during the winter retreat -- believe that measures should be taken to create a desirable entrance, which would encourage interest in the properties.

Ms. Thompson said staff recommends the funding be allocated to cover the initial cost of the design phase (Phase 1). And the remaining Phase 2 costs will be requested in the FY 2002-03 budget. The total cost would be $8,500, and the cost of Phase 1 would be $6,000.

Action: The Board approved a motion to approve the Ballentine Street/NC 55 Bypass Landscaping, Phase 1 proposal submitted by Tony M. Tate Landscaping Architecture, P.A. and to adopt the associated budget amendment in the amount of $6,000.

Motion By: Tedder

Second By: Atwell

In discussion, Commissioner VanFossen asked if the Town sought other proposals. Ms. Thompson responded that it was such a small project, that the Town sought only the one proposal.

Commissioner VanFossen asked if staff believed the cost to be reasonable.

Ms. Thompson responded that she relayed the information to the engineering department and town manager’s office and all were in agreement that the price was reasonable.

Vote: Unanimous

Copies of the Tony M. Tate Lanning Landscape Architecture, P.A. contract and budget amendment are incorporated in these minutes as addendum pages.

8b. New Town Hall Design Development - Mr. Brian Simpson of Little & Associates, architects, reviewed with the Board the status of the new town hall design development.

Mr. Simpson reported that he met with staff and some Board members on Feb. 14 to review the current development of the town hall facility. He illustrated that a Williamsburg architecture style is being used throughout the exterior and interior designs. The floor plan of the two-story building is being adjusted to fit public use and staffing needs at least through the year of 2013. Mr. Simpson said the building will feature (downstairs) finance, reception area, a multi-purpose room, code enforcement, planning and engineering; and (upstairs) administration, economic development, parks and recreation administration, public safety administration and board meeting chambers.

He said the interior finishes have been selected in neutral tones of black, dark gray, beige, cream and maple wood. The board chambers will be a formal public meeting space and a multi-purpose meeting room downstairs will provide space for more casual meetings. Mr. Simpson said that a three-tiered outdoor plaza will be designed to fit the slope of the property, and storage space and future expansion room is being planned for the basement area.

He said the project is still on target for a July 2003 completion.

Action: The Board approved a motion to approve the to-date design development package of the new town hall.

Motion: VanFossen

Second: Atwell

Vote: Unanimous

8c. Jones Park Master Plan - Mr. Bradley addressed the Board on this topic, explaining that the planning process for Jones Park began last spring with the selection of a steering committee. A survey was distributed to all water bill customers asking residents what kind of facilities they would like to see. On July 11, the first public meeting was held. At that meeting, results of the survey were discussed. Information taken from those surveys and the public meetings was put together and a preliminary park plan was mapped, Mr. Bradley explained, adding that the preliminary drawing was labeled with all the elements requested from the public input.

Then the planning process was refined to create a preliminary master plan, drawn to include as many of the elements requested by the public as possible within the confines of the property and its topography. In January, a second public meeting was held, and the preliminary master plan was presented for public comment, Mr. Bradley said.

Following that session, the Jones Park steering committee and the Holly Springs Parks and Recreation Advisory Committee met to make adjustments to the preliminary master plan to address public input. The final results of all the planning process are two master plan alternatives for Jones Park, Mr. Bradley concluded.

Commissioners noted that one proposed plan includes a dog park and the other does not.

Mr. Bob Glasser, chairman of the Holly Springs Parks and Recreation Advisory Committee, who also served on the Jones Park Steering Committee, addressed the Board to report the recommendations of those two bodies.

Mr. Glasser explained that the Jones Park Steering Committee unanimously recommends to approve the Jones Park master plan with the dog park included, contingent that the controversial dog park issue would not delay the development of Jones Park as a whole.

Mr. Glasser reported that the Holly Springs Parks and Recreation Advisory Committee unanimously suggests two motions: 1. That the Town move forward with the development of Jones Park without the dog park and 2. That the Town continue exploring the possibility of a establishing a dog park at another location.

Mr. Glasser explained that the citizens serving on these committee don’t want to slow down development of this park, but that they are all conscious of the dog park issue that has eclipsed the park project.

Commissioner VanFossen asked if the parks committee had any suggestions as to an alternative location for a dog park.

Mr. Glasser said there were no specific locations in mind, but that all members recommend a larger, unfenced location, rather than a small fenced-in area.

In discussion, commissioners aired their positions on the Town’s establishing a dog park. Commissioners VanFossen and Tedder support a dog park in some location because it would address a recreational need for those in the community who don’t have children or who don’t participate in adult athletic programs and are underserved by the parks and recreation programs. Commissioner Schifano said he philosophically believes the Town should focus its efforts on the development of more traditional parks and recreation facilities. Commissioner Dickson said he agreed with Commissioner Schifano.

Commissioner Atwell said he felt an alternative location for an off-leash dog park should be sought, but he felt private funding should be used to build and maintain a larger quality facility. Mayor Sears said he felt the public input he had gotten indicated that there was broad-based support for a dog park in Holly Springs.

Action #1: The Board approved a motion to approve the Jones Park Master Plan without the dog park feature.

Motion: Dickson

Second: Schifano

Commissioner Atwell asked if it would be more cost effective to build a soccer field in the vacant areanow.

Mr. Bradley responded that

Vote: 3-2, Tedder and VanFossen against

Action #2: The Board approved a motion (as restated by Commissioner Tedder) to direct staff to immediately proceed to evaluate a future location of a similar dog park within the Holly Springs jurisdiction (and added) and to report back to the Board, including information such as the potential cost.

Motion: Tedder

Second: VanFossen

In discussion, Commissioner Atwell would be hesitant to limit it to an area in the Holly Springs jurisdiction because there are properties outside the jurisdiction that might be larger but outside the jurisdiction of the town.

Commissioner Tedder said he would like it to be easily accessible by residents of Holly Springs.

Commissioner Schifano said he would vote against the motion because he feels the parks and recreation department should address the needs of people first and that a dog park may be popular but needs to take a backseat to other more traditional priorities.

Commissioner VanFossen said he felt if there was a group of citizens willing to assist the Town in this endeavor that they be encouraged to do so.

Commissioner Dickson said he felt that the citizens who are in favor of the dog park should actually spear-head the effort to locate an appropriate location and investigate the cost and report back to the Town Board. He said he felt there should be minimal staff time allocated to this and that the citizens who would benefit the most from it would probably do a good job.

Commissioner Tedder said he disagreed because it would be a Town facility that the Town would have to manage, and that staff was capable of bringing in citizen assistance in the effort, but that the recommendation should come from the staff that would ultimately be responsible for carrying out the plan.

Commissioner VanFossen also disagreed. He pointed out that this is something that the Parks and Recreation Advisory Committee, the Jones Park Steering Committee and public survey and public input have indicated to the Town is something that most citizens think is appropriate.

Commissioner Schifano said he felt the question should be put to a referendum.

Commissioner Atwell asked if the motion was to include the evaluation of possible locations and the ultimate potential cost of a dog park. He said if it was, then perhaps what the Board learns would determine whether to move forward any further. Commissioner Atwell asked if staff were to explore the options, would other park development projects and programs be held up or delayed.

Mr. Bradley said no, there would be no schedule changes.

Mayor Sears said he felt that the motion would keep the issue on the table and not give up on the idea because we think it may cost too much. He said the thought the town could come up with a plan that might satisfy everyone. He called for a vote on the motion.

Vote: The motion carried, 3-2. Commissioners Schifano and Dickson voted against. Commissioners Tedder, VanFossen and Atwell voted for.

In closing the agenda item, the Mayor suggested to Mr. Bradley that staff involve citizens who are interested in this topic and are willing to participate.

At this time, Commissioner VanFossen asked to recuse himself from deliberation and action on the next agenda item as he is financially tied to this project.

Action: The Board approved a motion to recuse Commissioner VanFossen for the purpose stated.

Motion By: Schifano

Second By: Atwell

Vote: Unanimous

9a. Zoning Permit 01-ZPF-13- Omni Industrial Park, Lot 4 - Ms. Bobber explained that at the last Town Board meeting this item was tabled until after the Board of Adjustment heard a request for a variance to allow 62% lot coverage. This request went to the Board of Adjustments on February 12, 2002 and the Board granted the variance, Ms. Bobber reported. Additionally, she reported that the Planning Board had reviewed the application and recommends approval with conditions.

Ms. Bobber said the applicant requests approval to construct a 4,800 square foot office and warehouse building within the Omni Industrial Park. All variances have been applied for and approved in regard to the side yard buffers and the maximum impervious surface area.

Mrs. Sudano explained that there were some outstanding comments related to drainage that she wanted to stress. She asked that the condition regarding the drainage study be amended to read that the Town would provide the drainage study in this basin.

Action: The Board approved a motion to approve the zoning permit for Omni Industrial Park, Lot 4, 01‑ZPF‑13 as submitted by Thompson & Associates, project number SD‑OMNI4, dated Revised 01/08/02 with the following (3) conditions:

1. That landscaping be utilized to further screen the enclosed dumpster area from adjacent properties.

2. That the Town will require some type of detention device and a drainage study on this site.

3. That the following conditions must be satisfied for this project before construction drawing approval.

• The proposed grading and storm drainage design appears to be adequate to convey stormwater runoff safely off‑site. Minor revisions to the proposed grading around the south face of the building and/or additional spot elevations should be considered (in relation to the proposed building FFE). In addition, it appears that off‑site flow from Lot 3 will also enter the site through the proposed curb cut and be impeded by the dumpster location. In either event, off‑site properties will not be negatively affected.

• The original design and as‑built condition of the off‑site detention pond should be checked to verify that the 100 year water surface elevation cited is based upon developed conditions in the contributing watershed. No information was provided to substantiate the 100 year floodplain elevation shown on the plan.

• The NCDENR-DWQ Regional Office should be consulted to determine if any riparian zone buffer requirements would apply to this site.

• Requirement of a more detailed model basin will be necessary being of the downstream flood condition. This will be used to determine how much detention, will be needed on site.

• Development of a model to study downstream impact will be required before approval of this site and another upstream site that is currently in the development process. The Town would provide the needed study in this basin. A grading permit would be granted for this site after staff is satisfied from drainage study model that flood levels would not be increased from the development of this site.

Motion: Tedder

Second: Dickson

Vote: Unanimous

9b. Ordinance 02-02, Leslie-Alford-Mims House - Mr. Dean reported that supplemental information on this subject was being provided to the Board this evening. He asked that the Board members look over the information and to call Mr. Jim Wright if there were any questions. In the meantime, he asked that action on the item be deferred until March 5.

Action: The Board approved a motion to defer action on this item until March 5.

Motion By: Schifano

Second By: Atwell

Vote: Unanimous

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

Motion: Dickson

Second: Schifano

Vote: Unanimous

10. Public Comment – At this time an opportunity was provided for members of the audience to address the Board on any variety of topics not listed on the night’s agenda. Mayor Sears stressed that comments should be brief and that no action should be anticipated. The following comments were offered:

Glenn Myrto, 408 W. Ballentine Street – Mr. Myrto asked for clarification on what improvements were

approved to Ballentine Street earlier in the meeting. He asked that the Town consider eliminating a

straight-through lane from that segment of Ballentine Street into Ballentine Street on the other side: only

have a right-turn lane and a left-turn lane. He said that would provide access to the business park from the

Bypass but would not allow traffic straight through into his neighborhood.

Julia Shelley – Ms. Shelley, representing Holly Springs People for Unleased Parks (PUPS), presented 200 signatures of citizens in the area who are supportive of the establishment of an off-leash dog park. She said such a facility would not be for dogs, per se, but for people. She said there are a lot of tax-paying citizens who would like such a facility as a place to socialize with other dog owners.

Dick Ellis – Mr. Ellis thanked the Board for allowing the staff to work with people who are interested in a dog park. He said a dog park would be forward-thinking and that it would exemplify the Town’s slogan of “Where tradition and vision meet.” He pointed out that there are a lot of people in Holly Springs who have given time, money and effort to the development of the Town. He said he hoped in the future the Board will not turn their backs on these people.

Evelyn Ellis – Mrs. Ellis explained that she had served on the Jones Park Steering Committee. She attested to the fact that a dog park was added based on much input from the public. She said that at ever single step in the planning of Jones Park, a dog park was included. At the very end, she said, it was eliminated, much to her surprise. She said she felt like the dog park was taken off the drawing in response to negative comments made by members of the public who aired their opinions through the media and the internet in the last days of the planning process.

Mrs. Ellis she wants to make sure that the Board is not making decisions “based on negative comments posted on somebody’s website.”

She said she represents a group that would appreciate a dog park, but that is not interested in youth athletics. She urged the Board to consider the recreational needs of all citizens, not just those who have children.

Jonathan Gibbons – Mr. Gibbons asked the Town to do something about speeding traffic on Ballentine Street. On the dog park, Mr. Gibbons said he would not want it to be a regional facility that would attract users from other areas. Mr. Gibbons said he agreed with the statements made by Mrs. Ellis regarding Board actions and website postings.

11. Other Business – Commissioner Dickson reported that he attended a training session sponsored by the Institute of Government in Wilmington. He said the class required an overnight stay out of town, and he was reporting on the trip, pursuant to his own idea a few years ago for Board members who travel overnight to report on their travel at a Town Board meeting.

Mayor Sears said he attended the same school, as did Assistant Town Manager Chuck Simmons.

12. Manager’s Reports – None

13. Closed Session – Following a short break, the Board approved a motion to enter Closed Session, pursuant to G.S. 143‑318.11(3) to consult with the Town Attorney under the client-attorney privilege and to discuss the pending lawsuit of Holly Springs vs. Joel Williams, also pursuant to G.S. 143-318.11(3).

Motion By: Schifano

Second By: Atwell

Vote: Unanimous

General Account, Closed Session – February 19, 2002

The Town Attorney discussed with the Town Board some recent developments in the Joel Williams condemnation matter, and the Town Attorney discussed the legal avenues available to the Town in a matter regarding the use of private property.

Twice during the Closed Session, Mr. Ben Kuntz, attorney for property owner Bill Jenkins, burst into the Closed Session to object, apparently due to the length of the Closed Session. He was ordered out of the Board Room by the Town Attorney on each occasion.

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

Motion By: Schifano

Second By: Tedder

Vote: Unanimous

‑‑ End General Account

Action: The Board approved a motion to endorse an interlocal mayor’s agreement among Holly Springs, Fuquay-Varina and Apex that states that the mayors of the communities will work together and rely on each other in issues that effect southern Wake County.

Motion By: Tedder

Second By: Atwell

Vote: Unanimous

A copy of this agreement is incorporated into these minutes as addendum pages.

Commissioner Schifano stated for the record that the Town Board discussed pending litigation in Closed Session but took no action.

14. Adjournment – There being no further business for the evening, the Feb. 19, 2002 meeting of the Holly Springs Town Board of Commissioners was adjourned at 11:47 p.m. following a motion by Commissioner VanFossen a second by Commissioner Atwell, and a unanimous vote.

Respectfully Submitted on Tuesday, March 5, 2002.

___________________________

Joni Powell, CMC, Town Clerk

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