4/16/02 Meeting Minutes, Town of Holly Springs

Rev. James Burgess, pastor of St. Mary’s Church, also addressed the Board. He echoed Ms. Williams’ sentiments.

Mrs. Artris Woodard also addressed the Board.

There was some discussion.

No action taken

At this time, the agenda resumed in its original order.

5a. Public Hearing: Zoning Ordinance Amendment 02-05 (02-ZOA-03) - Ms. Bailey explained that at a previous meeting the Town Board had requested that staff prepare a zoning ordinance to allow churches as a permitted use in the O&I zoning district. This amendment was presented to the Planning Board on March 26, 2002 for review and recommendation. The Planning Board unanimously recommended approval of the proposed zoning ordinance amendment, Ms. Bailey reported.

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 adopt Ordinance 02-05 (02-ZOA-03) to amend Section 9‑4038.1 Table Of Permitted Uses: Non‑Residential Districts, to add Churches as a permitted use in the O&I: Office and Institutional zoning district.

Motion By: Schifano

Second By: VanFossen

Vote: Unanimous

A copy of Ordinance 02-05 are incorporated into these minutes as addendum pages.

5b. Public Hearing: A02-04, Bass Lake Property - Ms. Bailey said the Town intends to annex town‑owned property, 89.09 acres that includes Bass Lake and its shoreline. According to the Town Clerk’s Certificate of Sufficiency, the petition meets all the statutory requirements for annexation.

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 adopt Annexation Ordinance A02-04 bringing into the Town's corporate limits 89.09 acres of Town‑owned property that includes Bass Lake and its shoreline located along Bass Lake Road.

Motion By: Atwell

Second By: Dickson

Vote: Unanimous

A copy of Annexation Ordinance A02-04 is incorporated into these minutes as addendum pages.

5c. Public Hearing: Portion of Bass Lake Road Closing - Mrs. Thompson explained that the Town has received a petition requesting the abandonment of a portion of Bass Lake Road. The subject right-of-way contains .572 acres and will not be used when Bass Lake Road is rerouted during future development at the corner of Holly Springs Road and Bass Lake Road.

Mrs. Thompson explained that Bass Lake will be realigned at this intersection, and the old right‑of‑way will not be needed for the new street surface. Following adoption of the resolution ordering the closing of the street, there will be is a 30‑day appeal period, and then the property containing the right‑of‑way would revert back to the ownership of the property owners on either side of the right‑of‑way. This would be done through quick claim deed.

Mrs. Thompson recommends that the Board order the closing of this section of Bass Lake Road as requested.

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.

Commissioner VanFossen asked if the existing roadway would be abandoned prior to construction of the new road surface.

Mrs. Thompson explained that NCDOT will require that the new roadway be put into service before the old right-of-way is abandoned.

Action: The Board approved a motion to adopt Resolution 02-R-15 ordering the closing of a portion of Bass Lake Road roadway easement, effective with the transfer of the quick claim deed (which would follow the opening of the new road surface).

Motion By: Atwell

Second By: Dickson

Vote: Unanimous

A copy of Resolution 02-R-15 is incorporated into these minutes as addendum pages.

6a. National Day of Prayer - Mayor Sears presented a proclamation declaring May 2, 2002 as the National Day of Prayer locally. The NDP is sanctioned by Public Law 100‑307 and dates back to the 1775 Continental Congress.

Mr. Ian Sands, organizer of a local observance ceremony, accepted the proclamation. Mr. Sands reported to the Board regarding the Holly Springs observance, which will take place in the "gazebo" and parking lot of Town Hall beginning at 5 p.m. Thursday, May 2. At that time, music and a community-wide opportunity for prayer together will be held. Mr. Sands invited all Board members to attend this inspirational event.

6b. General Federation Women’s Club of Holly Springs - Mayor Sears presented a proclamation of appreciation to past presidents of the GFWC in recognition of that group’s years of community service and social contributions.

8. 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:

8a. 02-GPA-02 and 02-REZ-02 - The Board recognized and approved the withdrawal of Comprehensive Growth Plan amendment 02-GPA-02 and Rezoning Permit 02-REZ-02 submitted by Holly Spring Church of Christ. Adoption of Ordinance 02-05 earlier in the agenda renders this request unnecessary. The use proposed by the applicant will now be permitted in the existing zoning that is applied to the property.

8b. Resolution 02-R-14 - Resolution 02-R-14 to change the location of regular meetings of the Town Board, Planning Board and Board of Adjustment to the cafeteria at W. E. Community Center, 301 Stinson Ave., during Town Hall construction was adopted.

A copy of Resolution 02-R-14 is incorporated into these minutes as an addendum page.

8c. Resolution 02-R-13 - Resolution 02-R-13 was adopted authorizing the Town to participate in the debt setoff program and designating staff to hold hearings and proceedings. A copy of Resolution 02-R-13 is incorporated into these minutes as an addendum page.

8d. N.C. League of Municipalities agreement - The Board entered into an agreement with the N.C. League of Municipalities for services to be provided in the debt setoff program. A copy of the agreement is incorporated into these minutes as addendum pages.

8e. Ballentine Street Design agreement – The Board entered a professional services

agreement with CH Engineering for Ballentine Street design. A copy of the CH Engineering contract is incorporated into these minutes as addendum pages.

8f. Minutes. - Minutes of the Board’s regular meeting held on March 19, 2002 were approved.

8g. Roadrunner Internet – The Board authorized the Town to proceed with installation of Roadrunner internet service through Time Warner, using funds to be allocated for construction of the new town hall building.

8h. Power Line Relocation – The Board authorized the relocation of CP&L power lines from Main Street as part of the town hall construction project.

9a. Water Conservation Resolution 02-R-12 - Mr. Dean explained that the annual water conservation season begins May 1 and ends Sept. 30. The season dates back to 1998 at a time when the Town's water supply was critically limited, and this portion of the ordinance requires mandatory observation of an alternating day irrigation schedule, he said.

Mr. Dean said that this resolution would allow the Town to have a water conservation season that is not punitive to residents. Mr. Dean stressed that while the Town is still interested in preserving a natural resource, the reality is that the Town's water supply is so large that to maintain water quality, water must be pushed through the lines as much as possible. Mr. Dean said the Town's water supply is plentiful and there is no critical need for season‑long restrictions to protect the supply; additionally, in case of an unforseen emergency that would limit the Town's ability to deliver water, the remaining portion of the ordinance would apply with separate restrictions; and conservation education is required by the resolution in order to encourage voluntary compliance and landscaping practices that would use less water.

Mr. Dean said that staff recommends adoption of the resolution.

Action: The Board approved a motion to adopt Resolution 02-R-12 to lift the mandatory water conservation season restrictions and to encourage voluntary compliance through conservation education.

Motion By: Atwell

Second By: VanFossen

Vote: Unanimous

A copy of Resolution 02-R-12 is incorporated into these minutes as an addendum page.

9b. Holly Springs Crossing Developer Agreement - Mrs. Sudano said this request was for approval of the Holly Crossing developer agreement between the Town and the developer of Holly Springs Crossing. Mrs. Sudano said that what the Board reviewed in their packets was a draft agreement and changes had been made due to meetings scheduled with the developer and staff.

The agreement, Mrs. Sudano said, sets out terms for the Town’s participation in roadway improvements on Holly Springs Road, Bass Lake Road, and Earp Street in partnership with the developer of the shopping center. The agreement, she said, would limit the Town’s financial contribution to $300,000.

Mrs. Sudano explained in agenda packets that the key components of the agreement are as follows:

• Developers shall improve and relocate adjacent thoroughfares and intersections as specified on plan approved by the Town;

• In addition, developer shall may a payment in lieu of $25,000 towards future installation of decorative traffic signal poles at this location;

• Town shall assist developer in pursuing approval for a signal to be located at this intersection;

• Town shall secure right of way for Earp Street roadway relocation;

• Town will facilitate the Bass Lake right of way abandonment with NCDOT;

• Developer will extend limits of roadway and sidewalk improvements beyond the property frontage as directed by the Town, to facilitate certain critical roadway and sidewalk connections, and shall be reimbursed by the Town for the costs of the additional construction;

• Part of the Town’s contribution to the widening project will be comprised of credits against the development, inspection, and plan review fees that will be due to the Town for the project, to the maximum extent possible (i.e. as much of the Town’s contribution as possible will be from credits). With the estimated cost of roadway improvements at $240,000, and credits estimated by the developer at $145,000, this leaves the Town with a maximum $300,000 cash contribution obligation*;

• Town shall contribute funds in the maximum, not‑to‑exceed amount of $300,000 towards the construction of Bass Lake Road. Regardless of actual cost of this project, Town shall not make any additional contribution above this amount;

• Improvements will be completed such that additional turn lanes are available at

this intersection before August 15, 2002.

Mrs. Sudano said this agreement limits the financial liability of the Town to the amount mentioned in the agreement. Mrs. Sudano explained that the Town is working simultaneously with Wake County schools regarding NCDOT’s requirement for them to make improvements at this same intersection. In the interest of coordinating improvements projects at the intersection for maximum efficiency and cost effectiveness, staff has arranged for part of the Town’s contribution to the Bass Lake Road widening project (outlined in the developer agreement) to come from a payment in lieu of improvements from Wake County schools to the Town in an amount equal to one‑half of their expected improvement costs (or $59,500) plus one‑fourth of the estimated cost of a decorative signal (or $25,000) – totaling $84,500.

The Town anticipates using the majority of these funds to offset the Town’s financial participation in the Bass Lake Road improvements (per developer agreement). The decorative signal payment in lieu will be reserved by the Town for future signal installation at the intersection.

Action: The Board approved a motion to approve the Holly Springs Crossing developer agreement, authorizing Town staff to finalize the agreement with the developer.

Motion By: Dickson

Second By: VanFossen

Vote: Unanimous

A copy of Holly Springs Crossing draft developers agreement is incorporated into these minutes as an addendum page. A copy of the final version will be filed in the Town’s Engineering Office.

9c. Intersection Engineering Services & Budget Amendment - Mrs. Thompson explained that the Engineering Department has worked with a consultant on the preliminary design for improvements to the NC55/Holly Springs Road intersection. Mrs. Thompson said the next step is to enter a engineering services agreement with CH Engineering and to prepare construction drawings, contract documents, and right of way plats in preparation for bidding and constructing turn lane improvements at the intersection as soon as possible.

She added that the proposal includes design of turn lane improvements at the intersection, which will consist of a installing a 3-lane cross-section and a four (4) foot monolithic island on the eastern leg of the intersection. Town staff plans to acquire right of way to accommodate the ultimate 5-lane cross-section in this location, but to construct only the limited turn lane improvements at this time.

Mrs. Thompson said this project is on a very aggressive schedule and that construction could be completed by August 16, 2002. With all of the interest and proposed activity of other developments at this intersection, it is possible that the scope of this project will be expanded very quickly.

Staff is currently meeting with NCDOT and at least two developers to investigate the consolidation of roadway improvement and signal improvement efforts at the intersection. If these opportunities for consolidation materialize, staff will be before the Board again with an enlarged scope of services for this project, Mrs. Thompson advised.

She then outlined four possible scenarios for the work.

Commissioner Atwell said he felt the Town should attempt to do as much of the improvements as possible at one time. Commissioner VanFossen agreed, with funding from developers and NCDOT.

Commissioner Tedder pointed out that before the Board this evening is for design work only, although he agrees that it would be in the best interest of the Town to do as much intersection improvements as possible in one project.

Action: The Board approved a motion to enter into an engineering services agreement with CH Engineering for provision of construction drawings, contract documents, and right of way plats in preparation for bidding and constructing turn lane improvements at the intersection of Holly Springs Road and Hwy. 55 for $36,300; the motion also was to adopt the related budget amendment in the amount of $36,300 funding the work from the Town’s street reserve fund.

Motion By: Tedder

Second By: Atwell

Vote: Unanimous

A copy of the CH Engineering contract and the associated budget amendment are incorporated into these minutes as addendum pages.

9d. Clear-Cutting Local Legislation Drafts - This item was removed from the agenda during agenda adjustment.

10. 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:

Rev. Lavonne Woodard – She said she was upset by Commissioner Dickson’s comments in the newspaper.

Willie Kearse – Mr. Kearse asked about his rezoning request.

Rev. Burgess – Rev. Burgess asked the Mayor to ask NCDOT about replacing the bridge on Lockley Road.

11. Other Business – The Town Clerk advised that the Board would be presented a balanced FY 2002-03 budget proposal on May 7. The public hearing is being scheduled for May 21. She asked the Board to begin thinking about dates between May 7 and May 21 when a budget workshop session could be held.

The Board suggested that town staff select potential dates and then confirm by email.

12. Manager’s Reports – Mr. Carl Dean urged the Board members to attend a Town Hall Project luncheon on April 25. He said the budget proposal will be available on the website. He said the virtual town hall tour should available on the website next week.

The Town Attorney said oral arguments in the South Wake Landfill are scheduled for 1 p.m. April 17.

He reported that an enforcement hearing in the Fussell case would be held at the end of May.

Commissioner Tedder commended the Parks and Recreation Department for its work on the Relay for Life. A citizen from the audience added that the Public Safety Department also worked hard all night to keep participants safe.

13. Closed Session – The Board approved a motion to enter Closed Session, pursuant to G.S. 143-318.11(a)(6), to conduct the town manager’s annual performance evaluation.

Moton By: Atwell

Second By: Dickson

Vote: Unanimous

General Account Closed Session, April 16, 2002

In Closed Session, the Board conducted a performance evaluation of Town Manager Carl G. Dean. Following deliberations, the Board approved a motion to return to Open Session.

– End General Account

In Open Session, the Board approved a motion to increase the Town Manager’s annual salary by 10% following his favorable review.

14. Adjournment – There being no further business for the evening, the April 16, 2002 meeting of the Holly Springs Board of Commissioners was adjourned.

Respectfully Submitted on Tuesday, May 7, 2002.

___________________________

Joni Powell, CMC, Town Clerk

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