3/5/02 Meeting Minutes, Town of Holly Springs

• Drainage comments have been received by the consultant and reviewed by staff. They are conditions of your approval:

1. Provide information to substantiate the 100-year floodplain limits shown on the plan. Elevations and easements will be needed on the affected lots.

2. Detailed storm drainage calculations should be submitted at the construction plan review stage for approval of final system locations and sizes.

3. Show wetlands on plans.

4. Provide information regarding the potential downstream effects of increased stormwater runoff from this development and;

4. Road improvements to Avent Ferry Road and Holly Meadow Drive as presented in the site plan and constructed at the first phase of developing of Phase 9.

Motion By: Schifano

Second By: Atwell

Vote: Unanimous

7a. 2002 Time Warner Cable FCC 1205 and FCC 1240 Rate Fillings - Mr. Bob Sepe reviewed the Action Audits LLC’s review, report and recommendation regarding Time Warner Cable’s FCC 1240 (basic service) and FCC 1205 (equipment and installation) Rate Fillings for 2002.

Mr. Sepe said, per the report, that the basic rate with the add-on charge complies with federal laws and is okay. What is not okay is the hourly service rate filing. He said Time Warner based its FCC 1205 filing last year on a regional (North Carolina) basis.

This year, Time Warner averaged rates on a national basis. The result is a 26% increase in the hourly service charge.

Mr. Sepe explained that the order being presented for Board consideration would approve the basic rate filing, but not the hourly service charge filing. He explained that the Town of Smithfield approved this order. Time Warner has filed an appeal. Time Warner has agreed to comply across the state with the FCC’s ruling on the Smithfield rate filing order.

Time Warner has asked that the Board defer action until the FCC ruling is provided.

Mr. Sepe said he had no objections, but that he would recommend that the Board defer action for no longer than 60 days.

Action: The Board approved a motion to approve the rate filings report prepared by Action Audits and to defer action on all other action related to the rate filings until a there is a decision by the FCC on the Time Warner appeal.

Motion By: Tedder

Second By: Schifano

Vote: Unanimous

7b. Bids for Womble Park Improvements - Mr. Bradley said that the town solicited proposals for construction of the Womble Park picnic shelter, band shell and restroom facilities. He said he asked for alternate bids to include and exclude the band shell so that he could see a price comparison.

Mr. Bradley said that he had received an additional construction bid on Friday, but the amounts were much higher than what was before the board in agenda packets.

Of the proposals received, Mr. Bradley said the best price was offered by IFT Inc. He said he had called one of the company’s references and had received a good report on IFT, Inc. He added that he was pleased with photographs of the company’s previous work.

Mr. Bradley explained that there was no money in the FY 01-02 budget for this project, but that the board had asked for the projected costs. He added that funds are available in the Parks and Recreation impact fees account, which could be used for unplanned projects.

Action: The Board approved a motion to award the construction bid to IFT, Inc. for construction of the picnic shelter, band shell and restroom facilities at Womble Park and to adopt the associated budget amendment of $124,560 from the parks and recreation impact fees.

Motion By: Schifano

Second By: Atwell

Vote: Unanimous

A copy of the IFT proposal and the budget amendment are incorporated into these minutes as addendum pages.

7c. Board of Adjustment Vacancy - Ms. Bobber explained that at the February 5, 2002 Town Board meeting, the Town Board appointed Mike Taylor, an in-town alternate of the Board of Adjustment, to the Planning Board. This shift left Mr. Taylor’s seat on the Board of Adjustment vacant. Ms. Bobber said the Planning Department had received applications for the vacated Board of Adjustment alternate seat from: Bill Peebles, 124 Dutch Hill Road, Stuart Wilder Smith, 412 Gooseberry Drive, and Waunell Williams-Smith, 420 Lee Street.

Ms. Bobber asked the Town Board to appoint one of the applicants to complete the term of Mike Taylor as a Board of Adjustment In-Town Alternate with the term’s ending December 31, 2003.

Action: The Board approved a motion to appoint Bill Peebles, 124 Dutch Hill, Road, to fill the in-town Board of Adjustment alternate position to serve out the unexpired term, which will expire December 31, 2003.

Motion: Dickson

Second: Schifano

Vote: Unanimous

7d. Irrigation Well Policy - Mrs. Sudano said that the residents in the St. Mary’s community have asked for re-consideration of the Town’s policy of requiring abandonment of irrigation wells upon connection to the Town’s public water system. Mrs. Sudano said that some of the residents want to keep their wells and use them as irrigation wells, but most of the wells in the community do not meet the irrigation well policy standards. She said the Town’s response has been to require abandonment, per the policy.

She advised that there already has been one cross-connection violation, and that the Town is currently processing the violation. She pointed out that staff believes that this violation is an example of the reason the Town should retain its current policy. The consequence is possible contamination of the entire public drinking water supply.

Ms. Sudano said that the engineering department, public works, and public utilities departments all recommend retaining the Town's Irrigation Well Policy Statement, with no exceptions.

Commissioner Dickson asked if no action was taken, then would the policy already adopted stay in effect. The response was yes.

Commissioner Schifano asked if deferring a decision until end of meeting was possible so that the Board could hear any comments from residents of the St. Mary’s community.

Commissioner VanFossen said he felt the Town should relax some of the restrictions for those who want to have irrigation wells. He reasoned that most people would not cross connect or that the policy could be rewritten to allow irrigation wells under circumstances that would not allow cross connects.

After discussion, Schifano said he felt it was important to protect the town’s water supply from contamination.

Commissioner Dickson said the risk of contaminating the town’s water supply was too great.

Action: The Board approved a motion to support the irrigation well policy as it currently reads.

Motion By: Schifano

Second By: Atwell

Vote: 4-1; Commissioners Tedder, Atwell, Schifano and Dickson voted in favor. Commissioner VanFossen voted against.

At this time, Mrs. Sudano did a short overview of the two drainage basin histories on the night’s agenda. Earlier drainage studies concentrated on flood levels. She said the main complaints the Town gets is about flooding yards and homes and eroded drainage ways.

7e. Windward Point Subdivision Tributary Drainage Basin Proposal and Associated Funding - Ms. Sudano reviewed a proposal from Sungate Design Group, P. A. for the professional engineering services for a drainage study in the Windward Pointe Subdivision.

Ms. Sudano said that this project was not funded in the FY 01-02 year’s budget, but should be undertaken simultaneously (by either the developer or the Town) with the development of the Omni Lot 4 site upstream.

Ms. Sudano said that the Town Manager recommends that the Town undertake the funding of this project as it is to correct some problems resulting from development that occurred in the past, before the Town had any requirements to prevent such development from occurring. In addition, a basin-wide study and solution is necessary to resolve the recurring issues and complaints of downstream residents.

Ms. Sudano said once this basin wide HEC HMS model exists, it can be used to evaluate any future site that is developed within the basin. This is a much more practical approach than requiring each individual site to perform an entire study, and the Town to spend the resources to review each study.

Ms. Sudano added that there will be recommendations in the FY 2002-03 budget for a method of recouping fees spent on studies such as this on a drainage basin wide basis as new development occurs (i.e. either a storm water utility fee or a fee in lieu of assessment for covering the cost of the initial basin wide studies).

Ms. Sudano requested the Board’s approval to award the proposal for professional services for a drainage study in the drainage basin upstream of Windward Pointe Subdivision, at its northernmost end at a cost not to exceed $23,250.

Action: The Board approved a motion to approve the professional engineering agreement from Sungate Design Group, P. A. for drainage study in the Windward Pointe Subdivision - tributary drainage basin at a cost not to exceed $23,250 and adopted a budget amendment in the amount of $23,250 to fund the proposal.

Motion By: Tedder

Second By: Dickson

Vote: Unanimous

A copy of the Sungate Design proposal and the budget amendment are incorporated into these minutes as addendum pages.

7f. Remington Subdivision Basin Proposal - Mrs. Sudano explained to the board members a proposal for professional services for a drainage study from Sungate Design Group, P.A. for development of a drainage improvements plan in the drainage way that runs through Remington Subdivision and adjacent to the Holly Acres Subdivision, downstream of Holly Springs Crossing Shopping Center.

Mrs. Sudano said that staff felt that “time is of the essence” in getting something underway in this drainage channel downstream of the Holly Springs Crossing shopping center, and that this proposal was solicited accordingly. Mrs. Sudano said she had reviewed the first draft of the proposal in a meeting with the consultant on February 21, and asked for some additions in scope which will increase the estimate of $48,500 in the attached proposal to approximately $73,500*.

She noted that the N.C. Department of Water Quality is taking jurisdiction for the stream reconstruction.

Mrs. Sudano said that a public meeting with the downstream residents is essential early in the project. In addition, it is recommended that, although the Town is looking primarily at a channel restoration project upstream of Bateau Road, the Town needs to look further downstream and be prepared to answer questions in those areas also. Mrs. Sudano presented the board a revised proposal that reflected the recommended changes, and revised the estimated not-to-exceed cost to approximately $73,500.

Mrs. Sudano said that she had personally confirmed, with discussions with other firms and public agencies, that this proposal was in line with similar public projects for the scope of work involved.

Action: The Board approved a motion to approve a professional engineering services agreement from Sungate Design Group, P.A. to conduct a drainage study and development of a drainage improvement plan for the Remington Subdivision basin at a cost not to exceed $73,500 and adopted a budget amendment to fund the proposal.

Motion By: Tedder

Second By: Dickson

Vote: Unanimous

A copy of the Sungate Design Group proposal and the budget amendment are incorporated into these minutes as addendum pages.

7g. Sunset Ridge Pump Station Crane and Landscaping - Mrs. Sudano said there are two items of discussion on the Sunset Ridge Pump Station upgrade: the on-site jib crane and the security fencing.

She reported to the Board that residents neighboring the site desire the Town to

provide a folding crane, instead of the jib crane that already is on site and is painted in a custom color selected by residents.

She estimated the cost of a new folding crane at $40,000 with installation. She pointed out that the Town already had paid $10,000 to $15,000 for the jib crane and had had it painted a custom color and would not receive a credit for a return.

Mrs. Sudano said she also wants clarification on the issue of barbed wire for security. She said the Board had decided on an eight-foot wood security fence, but did not respond to some citizens’ input that the wire be recessed.

She said the project consultant and staff agree that the barbed wire should not be recessed, for liability and safety reasons.

Mrs. Sudano reported that the Public Utility and Engineering staff recommend that the Town install the jib crane, per the construction drawings location, and in the color selected by the nearby residents and that the barbed wire on the wooden fence surrounding the pump station not be recessed.

Commissioner Schifano said he didn’t have a problem with leaving the barbed wire off the fence because it is an 8-foot wood fence.

Commissioner Tedder said he supported the staff recommendations due to the liability issue, and he feels the Town should equip the site with the already-purchased jib crane.

Action: A motion was made to approve the on-site jib crane in the color scheme as presented and in the location of the approved construction drawings and that the barbed wire on the wooden fence surrounding the pump station remain.

Motion By: Tedder

Second By: No Second

The motion died for lack of a second.

Commissioner VanFossen suggested stringing the barbed wire in the middle of the wood fence panels where it would blend in, but still be visible. He said he still does not believe the barbed wire is necessary at all.

Action #2: Commissioner Schifano moved that the project retain the existing crane that is already on site and that an eight-foot fence be erected without the security barbed wire.

Commissioner Atwell asked if Commissioner Schifano would amend his motion to separate the two items.

Commissioner Schifano agreed.

Action #3: Commissioner Schifano amended his motion to remove mention of the crane, and his amended motion would be to approve that an eight-foot wood fence be erected without security barbed wire attached.

Second By: Atwell

Vote: The motion carried, 4-1. Commissioner Tedder voted against. Commissioners Schifano, VanFossen, Atwell and Dickson voted for.

There was much discussion as to whether or not the crane for the site should be the jib crane that is on site, a newly purchased folding crane, or a crane truck that would not be on-site, but used at multiple pump stations.

Action #4: Stressing that his motion was intended solely for the purpose of gathering information, Commissioner Schifano moved that staff be directed to obtain price quotes for a crane truck, both used and new and information on the feasibility of retrofitting the existing jib crane so that it would fold.

Motion By: Schifano

Second By: Atwell

Vote: Unanimous

7h. Rhamkatte Village PUD, 00-PUD-05-A01Amendment - Ms. Bobber explained that the applicant was proposing a series of amendments that will affect the mixed-use areas of the Planned Unit Development.

Ms. Bobber said the following was a run down of the proposed amendments:

• Lot Coverage - the developer needs a higher lot coverage than typically allowed in the C-1 district, the amended site plan eliminated the maximum lot coverage requirement.

• Landscaping/Buffering: - the amendment eliminates the required 20' semi-opaque or 10' opaque landscape buffer between the out lots and the other commercial lots. The developer would be required to meet the town buffers standards when out lots are adjacent to residential lots. The amendment reduces the depth of the buffer along Holly Springs Road and Bass Lake Road from 30' to 20' and reduces the amount of landscaping required within those buffers and provides buffer credit for the construction of berms.

• Parking Lot Landscaping: - Due to site conditions, modification was requested to allow for a variation from the landscape strips in the parking lot in areas that due to a Colonial Pipeline easement.

• Signage: - the amendment adds signage regulations to allow for an increase from the Town’s signage regulations for wall, monument, and ground signs.

Ms. Bobber said the Planning Board recommends approval with the original conditions plus to allow the maximum 2 ground signs the height of fifteen (15') feet and the placement of signage per the location of the town approved construction drawings.

Action: The Board approved a motion to approve the Rhamkatte Village PUD, 00-PUD-05-A01 amendment as submitted by Spaulding & Norris P.A. project number 178-9901 received on February 20, 2002 as recommended by the Planning Board with the following conditions:

1. A TIA for the entire project is to be submitted and approved for review and approval prior to the approval of the first phased preliminary plan for the project.

2. Modify plans to state that only the 30' greenway is to be dedicated to the town and the remaining area of open space be placed into permanent open space protected by a Homeowner’s Association.

3. A full draft of the covenants creating an HOA is to be submitted at the first preliminary plan review.

4. Annexation will be require at time of site plan zoning permit or subdivision application submittals.

5. Strike the color requirements specified in the document and state that colors will be reviewed at time of zoning permit review.

6. A combination of fee-in-lieu and trail construction cost credit be provided for the required open space regulation at time of subdivision request.

Motion by: Schifano

Second by: Dickson

Vote: Unanimous

7i. Rhamkatte Village PUD, Commercial Lot MU3, Zoning Permit 02-ZPF-01 - Ms. Bobber said the zoning permit before the board was for approval of a shopping center in the Rhamkatte Village PUD and for the realignment of Bass Lake Road. Ms. Bobber said the shopping center was being proposed for the southwest corner of Bass Lake Road and Holly Springs Road, and located on a site designated as mixed use on the Planned Unit Development master plan.

Ms. Bobber said the proposed plan meets all required minimum parking as well as the parking lot landscape criteria as proposed in the PUD amendment, which reduces the required minimum parking lot landscaping. The sidewalks and crosswalks have been provided from Holly Springs Road and Earp Street to the interior of the site to provide for convenient pedestrian traffic flow from the adjacent residential neighborhoods.

Ms. Bobber explained the realignment of Bass Lake Road and Earp Street in accordance with the Thoroughfare Plan and the previously approved PUD site plan.

Ms. Sudano said that Holly Springs Road and Earp Street will be widened in accordance with the adopted Thoroughfare Plan. There would be several access points to the site, some being restricted to right-in/right-out. A Traffic Impact Assessment study has been performed for the site and a developer agreement will be provided to finalize specifics for roadway improvements.

Ms. Sudano explained that this site is upstream of a very serious drainage problem within the Remington Subdivision which was discussed previously. The development has incorporated on-site retention into the site plan to help control downstream impacts. Ms. Sudano said the town was looking into ways to improve downstream problems and retention will be required for this site.

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

Action: The Board approved a motion to approve zoning permit 02-ZPF-01 for Rhamkatte Village PUD, Commercial Lot MU3 as submitted by Spaulding and Norris, Pa project number 347-01 received February 11, 2002 with the following conditions, as recommended by the Planning Board:

1. Sheet C-4 (note #4) be revised to read, “Shield shall be required to minimize off-site glare”;

2. A meter shall be provided at the perimeter of the site on Holly Springs road near Bass lake Road intersection, for future reclaimed water use for irrigation;

3. The amendments to the Rhamkatte PUD must be approved by the Town Board of Commissioner prior approval of this zoning permit;

4. Site must be annexed into Town limits prior to issuance of a building permit;

5. Public Works Department must be contacted for utility lines locates;

6. Additional drainage comments may be pending due to submittal deadlines;

7. Add that a western access on Holly Springs Road is to be a full-access drive and that the right in / right out on Holly Springs Road be a 4 foot monolithic island.

Motion by: VanFossen

Second by: Atwell

Vote: Unanimous

7j. Sewer Use Ordinance 02-03 - At this time, the Board took up the question of the sewer use ordinance. Mr. Tillage explained that the proposed Ordinance 02-03, a sewer use ordinance, is a model sewer use ordinance used by most municipalities in North Carolina. The ordinance addresses issues to protect streams.

Commissioner Schifano suggested education materials to inform public about harmful things that should not be flushed or put down the drain. He said it would be helpful if this information were to be published on the Town’s website, in brochures and in the newspaper.

Mr. Tillage said that a grease ordinance will be forthcoming and that he would be putting articles in the Town’s “What’s News” to educate the public.

Action: The Board approved a motion to adopt Ordinance 02-03.

Motion by: Schifano

Second by: VanFossen

Vote: Unanimous

A copy of Ordinance 02-03 is incorporated in these minutes as an addendum page.

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. Mayor Sears stressed that comments should be brief and that no action should be anticipated. The following comments were offered:

Ms. Della McQueen – Ms. McQueen said she feels the people in the St. Mary’s community were taken advantage of (when the town provided water and sewer utilities into the area at no cost to residents) and she would like to know facts regarding where and how the grant money was being used.

Tom Mix – Mr. Mix thanked the board members for approving the 8-foot wooden fence without the barbed wire for the Sunset Ridge pump station. Mr. Mix said that he disputed the information provided by the consultant regarding the jib crane and crane truck. He said he wanted the Board to consider other options.

Mrs. Artris Woodard – Mrs. Woodard said she opposes the town’s irrigation well policy and said in the beginning, residents were told they could keep their wells for irrigation purposes.

9. Other Business – Mr. Dean reported that staff was preparing to enter budget preparations. Commissioner Schifano asked if pie charts illustrating revenues and expenditures could be provided. Commissioners indicated that they wanted to hold a public hearing in advance of the budget workshops. This would give residents an opportunity to provide input before the final budget document is prepared.

10. Manager’s Reports – Mr. Dean reported that the State had reviewed the Town’s erosion and sedimentation program and had given the program good marks. He reported that the Holly Springs Crossings project took eight weeks from preliminary submittals to final approval. He said staff did a good job keeping it on track for March 5.

11. Closed Session – The Board approved a motion to enter Closed Session to discuss with counsel the Town of Holly Springs vs. Eddie Hood zoning violation matter.

Motion By: Schifano

Second By: Atwell

Vote: Unanimous

General Account, Closed Session – March 5, 2002

In Closed Session, the Town Attorney reported that Mr. Hood’s attorney would be willing to dismiss her appeal (and she contends that the site is in compliance) if the Town were to agree to reduced attorney fees ordered by the court.

The Board provided direction to the Town Attorney in this matter and reentered Open Session.

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

Motion By: VanFossen

Second By: Schifano

Vote: Unanimous

– End General Account

12. Adjournment – There being no further business for the evening, the March 5, 2002 meeting of the Holly Springs Town Board of Commissioners was adjourned at 10:04 p.m. following a motion by Commissioner Schifano, a second by Commissioner Atwell, and a unanimous vote.

Respectfully Submitted on Tuesday, April 2, 2002,

___________________________

Joni Powell, CMC, Town Clerk

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