2/5/02 Meeting Minutes, Town of Holly Springs

Town of Holly Springs

Board of Commissioners Regular Meeting

Tuesday, Feb. 5, 2002

MINUTES

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, Feb. 5, 2002 in the Town Board meeting chambers, located in Town Hall, 128 S. Main St. 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, and Commissioner Schifano arrived within four minutes.

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

Board Members Absent: Commissioner John Schifano arrived at 7:04 p.m.

Staff Members Present: Carl G. Dean, town manager; Chuck Simmons, assistant town manager; Ernest C. Pearson, town attorney; Joni Powell, town clerk; Linda Harper, deputy town clerk, (recording the minutes), Gina Bobber, planning and zoning director, Drew Holland, finance director; Jennifer Carr, director of economic development; Cecil Parker, chief of public safety; and Stephanie Sudano, director of engineering, and Len Bradley, parks and recreation director.

2 and 3. The pledge of allegiance was recited, and the meeting opened with an invocation by Pastor Gary Allred, minister of Sunset Methodist Church in Holly Springs.

4. Agenda Adjustment -- The Feb. 5, 2002 meeting agenda was adopted with changes, if any, as listed below.

Motion By: Dickson

Second By: Atwell

Vote: Unanimous.

Items Added to Agenda: None

Consent Agenda Items Removed: None

Other Changes: None.

5a. Open Space Master Plan - Len Bradley Parks and Recreation Director reviewed the history of the open space master plan and the availability of grant funds that Wake County offers for development of open space plans.

Mr. Joe Lyle with Thompson and Associates, P.A., is the Town's consultant on the Open Space Master Plan. Mr. Lyle said the Town has received a grant of $20,000 for development of an open space master plan. Mr. Lyle presented the Board with an introduction of and the definition of an “open space plan.” Mr. Lyle reviewed the scheduling and public involvement processes that would give citizens the opportunity for individual and groups input.

Mr. Lyle reviewed with the Board members the goals and processes of creating and using an open space plan. Mr. Lyle said the end result will be the town will have a working document to use as a guide for future development. Mr. Lyle reported that preliminary plan will be out for comments in March; the final draft available for comments in April and mid-April a final plan will be presented to the town board for adoption. Mr. Lyle said once the schedule has been satisfied the Town will apply for funds from Wake County to purchase land that was designated as open space on the master plan.

Action: No action requested.

5b. Relay for Life - Mr. Gene Meyer addressed the Board reporting that the annual Relay for Life campaign kicked off Jan. 31 and will culminate with the actual 24‑hour walk to be held April 12‑13 at Womble Park in Holly Springs. Mr. Meyer said that Relay for Life is the largest fund‑raiser of the American Cancer Society, and the Southern Wake County campaign will be held in Holly Springs.

Mr. Meyer expressed his appreciation for the towns’ interest and support. Mr. Meyer reviewed with the Board members the activities planned for this fund raiser.

Action: No action requested.

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

6a. Budget Amendment, $7,835 - A budget amendment to the FY 2001‑02 budget was adopted in the amount of $7,835 to receive insurance proceeds for repair of a Public Safety vehicle.

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

6b. Solid Waste Committee - Anne Allen of 612 Oak Hall Drive was appointed to serve on the Holly Spring Solid Waste Committee.

7a. Board of Adjustment and Planning Board Appointments - Ms. Bobber reported that the Town has received two applications from residents of the Town's ETJ who are interested in participating in the Town's planning activities. She asked that the Board appoint these two applicants to two existing ETJ vacancies on the Board of Adjustment (Alternate) and the Planning Board (regular).

Action: The Board approved a motion to appoint David Mackie, 740 Piney Grove Wilbon Road, to fill the Board of Adjustment ETJ alternate position for a term January 1, 2002 - December 31, 2004 and to appoint Natalie Lew, 912 Logging Road, to fill the Planning Board ETJ member position for a term January 1, 2001 - December 31, 2003.

Motion By: Tedder

Second By: Atwell

Vote: Unanimous

7b. Planning Board Vacancy - Ms. Bobber explained the Department of Planning & Zoning has received the resignation of Ms. Victoria Judd from the Planning Board. Ms. Judd has served our community on this Board since March 1988. Her current term on the Planning Board expires December 31, 2002.

Action: The Board approved a motion to appoint Michael L. Taylor, 152 Gremar Drive, to fill the vacant in-town Planning Board position to serve out the remaining term of Victoria Judd, which will expire Dec. 31, 2002.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

This appointment created a vacancy on the Board of Adjustment for an in-town member to serve a term through Dec. 31, 2003. The Board requested the Planning Department submit applicants at a later date to fill this vacancy.

7c. Omni Industrial Park, Lot 4, 01-ZPF-13 - Ms. Bobber explained that the applicant is requesting approval to construct a 4,800 square foot office and warehouse building within the Omni Industrial Park. Variances have been applied for in regards to the side yard buffers and the maximum impervious surface area. Ms. Bobber said the variance request for the reduction in the side yard buffers has been approved by the Board of Adjustment; however, the variance pertaining to the impervious surface area will not be going before the Board of Adjustment until February 12, 2002. The remaining variance must be approved before any development can occur in relationship to this project, Ms. Bobber said. The applicant has requested to gain all Planning Board and Town Board approvals conditioned upon receiving approval of the variance request on Feb. 12.

Ms. Bobber said the Planning Board had reviewed the plan and recommends approval with conditions.

Commissioner VanFossen requested a motion from the board to be excused from this agenda item as he is associated with this project.

Action: A motion was approved to excuse Commissioner VanFossen from the meeting.

Motion: Schifano

Second: Atwell

Vote: Unanimous

There were discussions regarding the variance request to the Board of Adjustment and making a decision prior to their meeting. Ms. Bobber said the applicant was pressing to move forward on the project.

Commissioner Tedder said that he had some concerns with the outstanding drainage issues regarding this plan that may or may not relate to the variance and feels uncomfortable in making a decision before the Board of Adjustment reviews and/or gives action on the variance. Commissioner Schifano said that he also feels uncomfortable in making a decision on this item before the Board of Adjustment hears the case

Action: The Board approved a motion to table zoning permit 01-ZPF-13, Omni Industrial Park, Lot 4 until the Feb. 19, 2002 Board meeting, following action by the Board of Adjustment.

Motion By: Tedder

Second By: Schifano

Vote: Unanimous

Action: The board made a motion to readmit Commissioner VanFossen to the meeting.

Motion: Schifano

Second: Atwell

Vote: Unanimous

7d. Windcrest, Phase 6, 01-MAS-09 -- Ms. Bobber explained that this request is for the approval of Windcrest Planned Unit Development, Phase 6, located east of N. Main Street. This phase of the development consists of 76 lots with an average lot size of 6,408 square feet, and is proposed to be composed of single family development only. The area that has been designated for multi‑family requires Town Board approval to utilize the area with the proposed “Multi‑Family” detached units instead of the originally approved townhomes.

Ms. Bobber said the plan as submitted conforms to the standards set forth in the amended Windcrest PUD document. Ms. Bobber said the detached unit lot layouts approved for the section of the PUD document designated as multi‑family, located on sheet C‑6.1, can be used for this preliminary plan at the Board’s discretion.

Ms. Bobber discussed that this subdivision is downstream of a severe drainage problem in the Windward Point subdivision. A flood study has been performed and additional requirements may be placed on the developer during construction drawing review.

Ms. Bobber reported that the Planning Board had reviewed the plan and recommends approval with all but one condition listed by staff.

Having listed a comment that lots 55 and 56 either share an access or be drawn with individual driveways opening on a culdesac on the plan (which would create two flag lots, but would remove driveway traffic from the collector street), Mrs. Sudano reviewed the street layout and on-street parking concerns with the board members. Mrs. Sudano suggests and recommends redesigning the streetscape plan to avoid on-street parking and access driveways onto collector streets. There was further discussion among the Board members to redesign the plan to omit some of these concerns dealing with on-street parking, driveways exiting onto collector streets and development of flag lots.

Stephanie Norris of Spaulding & Norris, P.A., reviewed the issues that she was dealing with regarding open space, the development agreement and revisions to the pond area. Ms. Norris said that there were concerns of losing density for the project.

There was further discussions among the board members and Stephanie Norris regarding the reorientation of lots 55 and 56.

7e. Holly Glen, Phase 9, 99-S-04-A01 Master Plan Amendment - Ms. Bobber said the applicant is applying for the approval of a major subdivision amendment to the Holly Glen Master Plan that was formerly known as Phase 10. Ms. Bobber explained the amended plan, which is now Phase 9, would increase the number of lots from 101 to 110. The amendment is also revising the street layout to comply with the current town roadway design standards. Since this amendment increased the total number of lots, Town Board approval is required, Ms. Bobber said.

She added that the Planning Board recommends approval of this phase with conditions.

Commissioner Atwell discussed his concerns with the increase in the density and whether Holly Meadow Lane and Avent Ferry Road are adequate to meet the traffic demands.

Ms. Sudano reviewed with the board members the emergency access points within the original approved Planned Unit Development plan. Ms. Sudano said this plan was approved prior of an approved Town thoroughfare plan. Ms. Sudano agreed road improvements would be a good idea, but stressed that at the time the original PUD plan was approved, the Town thoroughfare plan did not exist and ordinances addressing street improvements were not in place.

Planning Board member Mr. Myrto reported that the Planning Board concern with this plan was the additional traffic.

The Board discussed whether or not the developer would be willing to improve the turning conditions off Avent Ferry Road onto Holly Meadow Lane, even though he was not required to do so at the time of original approval. Board members suggested that the ideal would be a deceleration lane added to Avent Ferry Road at Holly Meadow, especially since that entrance of the subdivision is fast-becoming the major entrance.

Danny Blackburn, Blackburn Engineering Consultants, addressed the Board’s questions about drainage in this phase. He said the drainage in this phase flows away from developed property. He added that he would take the board suggestions regarding potential Avent Ferry Road improvements to the developers.

Action: The Board approved a motion to defer action on the amendment to the Holly Glen Phase 9, 99-S-04-A01 Master Plan as submitted by Blackburn Consulting Engineering, dated revised 01/08/02 until the developer can respond to the Board’s questions as to possible improvements to Avent Ferry Road at Holly Meadow Lane

Motion By: Schifano

Second By: Atwell

Vote: Unanimous

7f. Design of Ballentine Street Extension and Budget Amendment - Mrs. Sudano explained that this project will allow the Town to secure all right of way necessary for the construction of Ballentine Street off the Bypass and into the Holly Springs Business Park. The proposal will allow the following: 1. a functional alignment design and right of way maps for Ballentine Street from Irving Parkway to New Hill Road; and 2. complete construction drawings for the stretch of Ballentine Street from the bypass to Irving Parkway. Mrs. Sudano reviewed with the Board the placement of the road location.

Ms. Sudano said in the FY 2001-02 budget, the Town approved $40,000 for functional alignment and design of the entire stretch of Ballentine Street from the Bypass to New Hill Road. Because there has been a lot of interest from industry in this section of the business park, Ms. Sudano said staff and the town manager believe that the Town should accelerate the portion of the project from the Bypass to Irving Parkway.

She added that staff is recommending that additional funds be appropriated at this time for the preparation of more detailed construction‑level drawings and contract documents for this portion of the project. This would increase the amount of funding needed for the project by $40,000 more than was approved in the budget.

Ms. Sudano recommends that the additional funding come from the $50,000 that was approved in the budget for the NC55 Bypass Landscape Project, which will not be used in FY 2002-02. (Funds would be replaced in the FY 2002-03 budget).

The board discussed regarding accepting and reviewing other bid proposals for this project; however, staff and the town attorney advised the Board of the legalities of awarding professional services proposals.

Action: The Board approved a motion to approve a proposal from The Rose Group, subject to staff and town attorney approval of draft changes, for design of the Ballentine Street sections A and B and to adopt a budget amendment in the amount of $50,000 to cover the cost of the additional work described.

Motion By: Tedder

Second By: Dickson

There was further discussion regarding whether or not the cost of this proposal is too expensive and whether the town should seek other bids. Commissioner Tedder requested that Mrs. Sudano seek informal quotes on similar work and report back to the board if the Rose Group quote was in line. He said the information would not affect this motion but the town could use the information for future reference.

At this time the Mayor called for a vote on the motion.

Vote: Unanimous

Copies of the draft The Rose Group agreement for professional services and the related budget amendment are incorporated into these minutes as addendum pages.

8. 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. The following comments were offered:

Richard Comer, 400 Trinidad Court – Mr. Comer advised the Board that he is a neighbor to the Jenkins property on Hwy. 55. Mr. Comer said that the owner had clear-cut the property previously but had left a 50-foot undisturbed buffer area. He said the owner recently received a timbering permit to completely clear-cut the property and that he is distressed about the removal of the buffer. Mr. Comer added that an inadequate sedimentation pond was constructed. Mr. Comer said he was also upset that he was not notified and that there was no public hearing held on the issuance of a grading permit to the property owner.

There was further discussion among the board members and Mr. Comer regarding the permitting process of timbering.

Mrs. Sudano reported to the board that there was a timbering plan approved by the State for this property and that the plan allows the owner to remove all trees. Town staff had requested that the owner to reserve a buffer, she said, but added that there is no municipal authority to require him to comply with the request. Mrs. Sudano added that a grading permit does not require a public hearing or that notice be given to adjoining property owners. Mrs. Sudano said that town staff was meeting with the design engineer on site Wednesday morning to discuss options.

Pat Anderson, St. Vincent Ct. – Mr. Anderson recalled a history of correspondence with the Town of Holly Springs Parks and Recreation Department regarding programs and facilities. He said he was concerned that the town is not making park improvements and establishing programs fast enough. He requested that the board consider making decisions about the development of park facilities based on the number of users.

Lesli Doares, Elm Ave. – Mrs. Doares thanked the Parks and Recreation Department for its support of activities and programs of the Assets Build Character group. She then said that she would like to see more leisure and athletic programs for middle school and high school age students.

Scott McCullers, 4612 Avent Circle – Mr. McCullers said he would like to see growth in the town’s soccer programs and improvements to the soccer fields.

9. Other Business -- Action was taken to change the meeting start time of the Feb. 19 regular

meeting.

Action: The Board approved a motion to set the start time of the Feb. 19, 2002 regular meeting at 8 p.m. rather than 7 p.m. so that Board members and the public could attend a flag-dedication program at Holly Springs Elementary School that same evening.

Motion By: Dickson

Second: VanFossen

Vote: Unanimous

10. Manager’s Reports -- Mr. Dean announced that there will be a Town Hall design meeting Feb. 14 at noon and a developers luncheon meeting on Wednesday, Feb. 27, 2002 from 12 until 2 p.m.

11. Closed Session -- None; however, the Town Attorney reported that the Mr. Fussell has not

filed a variance request. He reported that the resident’s attorney will advise him to either take the non-conforming building down or move it. Mr. Pearson reported that Mr. Hood, according to inspections by the Planning and Zoning Department, has brought his site into compliance. He reported that the Town has received $1,700 in attorney fees in the Davis zoning violation case. He also reported that he has been appointed to serve on the North Carolina Economic Development Board, and he invited the town to take advantage of the possible incentives offered by way of state policy.

12. Adjournment -- There being no further business for the evening, the February 5, 2002 meeting of the Holly Springs Board of Commissioners was adjourned at 9:20 p.m. following a motion by Commissioner Atwell a second by Commissioner VanFossen and a unanimous vote.

Respectfully Submitted on Tuesday, March 5, 2002.

___________________________

Linda R. Harper, Deputy Town Clerk

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