Town of Holly Springs

Board of Commissioners Regular Meeting

Tuesday, May 21, 2002

MINUTES

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, May 21, 2002 in the cafeteria of the W. E. Hunt Community Center, located at 301 Stinson Ave. Mayor Dick Sears presided, calling the meeting to order at 7 p.m. A quorum was established as the mayor and all five board members were present as the meeting opened.

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

Board Members Absent: None.

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

2 and 3. The pledge of allegiance was recited, and the meeting opened with an invocation by Rev. Otis Byrd of the First Baptist Church.

4. Agenda Adjustment – The May 21, 2002 meeting agenda was adopted with changes, if any, as listed below.

Motion By: VanFossen

Second By: Dickson

Vote: Unanimous.

Items Added to Agenda: Commissioner VanFossen asked that Glenn Myrto, chairman of the Solid Waste Committee, be added to the agenda as an informational communication to the Board preceding the public hearing on the proposed budget.

Consent Agenda Items Removed: Item 7a., preliminary plan for Newbury Park Subdivision, was moved to New Business for discussion.

Other Changes: None.

At this time, Mr. Myrto briefed the Board on activities of the Solid Waste Committee. He reported that the committee has been and continues to hear presentations of various solid waste management companies; is exploring regional recycling and composting options; is planning to provide newcomer information to promote recycling among new residents; has worked with the Town Manager to implement an improved recycling program at Town Hall and to encourage less waste in the workplace.

Mr. Myrto said most recently, the committee has been involved in the Town’s budget process as it pertains to solid waste management. He said the committee’s recommendation on garbage collection rates and the Town’s contract with a collection firm would be presented during the public hearing.

5a. Public Hearing: Proposed FY 2002-03 Budget - Mr. Holland presented a “budget-at-a-glance” version of the proposed FY 2002-03 budget, which includes changes recommended and requested by the Town Board during its budget workshop held May 13.

Mayor Sears reported to the public that the Town’s tax rate remains at 53 cents per $100 value.

The General Fund is balanced at $9,554,255. The Utility Fund is balanced at $5,794,000.

Based on budget workshop input, the following changes were made to the original Town Manager’s recommended budget: the position of police investigator was added as well as a vehicle and equipment to support the position; a $5,000 contribution was provided for the Holly Springs Center for the Arts.

Mr. Dean reiterated his budget message, which is incorporated into these minutes as addendum pages.

With that explanation completed, Mayor Sears opened the public hearing to accept

public comments. The following comments were received:

Glenn Myrto, Chairman of the Solid Waste Committee – Mr. Myrto reported to the Board that the Solid Waste Committee recommends that the Town enter into a one-year agreement with Waste Industries, despite the savings potential in the monthly rate for residents of a multi-year contract.

He said the committee feels the cost difference in rate offered by Waste Management between the larger and smaller garbage containers was not enough to give residents incentive to encourage recycling.

He said the committee feels a one-year contract would give the committee time to explore other options and opportunities for encouraging recycling.

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

Action: The Board approved a motion to consider adoption of the proposed FY 2002-03 Budget at its meeting on June 4, 2002.

Motion By: Schifano

Second By: Atwell

Vote: Unanimous

5b. Public Hearing: Ordinance 02-06, Soil Erosion and Sedimentation Control; Stream and Wetland Protection - Mr. Simmons said that, in an effort to regulate the clear-cutting of properties within the Town’s jurisdiction, a number of amendments are being proposed in the Soil Erosion and Sedimentation Control Ordinance of the Town Code.

Mr. Simmons explained the modifications would authorize the Town staff to regulate all timbering activities occurring within the corporate limits. Timbering occurring within the extra-territorial jurisdiction and that is performed according to a valid forestry management plan, would continue to be exempted from ordinance requirements.

After meetings with Commissioner Tedder, representatives of the N.C. Forestry Division advised Mr. Simmons that the Forestry Division would not oppose the language that is being proposed.

Mr. Simmons reviewed with the Board the clarifications, language changes and language additions that provides the Town with regulatory authority over timbering activities within the Town.

During discussion, some additional language changes were suggested and incorporated into the draft.

With Mr. Simmons’ explanation completed, Mayor Sears opened the public hearing to accept 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 02-06, as amended during the meeting, modifying the Soil Erosion and Sedimentation Control; Stream and Wetland Protection section of the town code to give local authority for the regulation of clear-cutting..

Motion By: VanFossen

Second By: Schifano

Vote: Unanimous

A copy of Ordinance 02-06 is incorporated into these minutes as addendum pages.

5c. Public Hearing: Rezoning Petition 02-REZ-04 - Ms. Bobber explained that the applicant is requesting to rezone approximately 20.5 acres of land located on the south side of Sunset Lake Road and west of Turner Drive from Holly Springs R‑20: residential/ agricultural district to Holly Springs R‑10: single and multi‑family residential zoning district. The proposed request is consistent with the Town’s Ten Year Comprehensive Grown Plan that designates this property as medium density residential (2‑5 units/acre), she reported.

Ms. Bobber reported that staff and Planning Board recommend approval of rezoning petition 02-REZ-04.

With that explanation completed, Mayor Sears opened the public hearing to accept comments. The following comments were received: None.

There being no comments, the public hearing was closed.

Action: The Board approved a motion to approve Rezoning Petition 02-REZ-04 to set the zoning of 20.5 acres located on the south side of Sunset Lake Road from R‑20: residential/agricultural to R‑10: single- or multi‑family residential district as submitted by Stewart‑Proctor, PLLC.

Motion By: Dickson

Second By: VanFossen

Vote: Unanimous

6a. Requests and Communications: Town Hall Project Funding- Mr. Holland explained that the Town has received approval by the Local Government Commission (LGC) to begin negotiations with BB&T to provide funding for the Town Hall project.

The current debt on the property and structures is owed to BB&T, Mr. Holland explained, and staff feels it would better serve the Town to get a competitive rate from BB&T in order to keep the project on schedule. Mr. Holland reviewed with the Board a letter from the Town Manager to the Local Government Commission justifying the decision.

Mr. Holland said that BB&T has offered to provide the Town with a competitive rate in line with similar rates offered for recently-bid projects of like size in this area (between 4.6% and 4.7%).

He explained that this will prevent the Town from having to collateralize cash and will allow the Town to proceed with demolition of the old Town Hall..

Mr. Holland then advised that BB&T requested that a resolution be supplied to attest the Board’s position that it would deal exclusively with BB&T on the project in exchange. He asked that the Board adopt Resolution 02-16 committing the Town to its negotiations with BB&T for the Town Hall construction project.

Action: The Board approved a motion to adopt Resolution 02-16 committing the Town to exclusive negotiations with BB&T for the Town Hall construction project.

Motion By: Schifano

Second By: Atwell

Vote:Unanimous

A copy of Resolution 02-16 is incorporated into these minutes as addendum pages.

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

7a. Newbury Park Subdivision, 02-MAS-05 - This item was removed during Agenda Adjustment.

7b. Policy Statement P-013 - The Board adopted Town Policy Statement P-013 stating the Town Board’s position that it would require installation of only Town standard street name signs and posts and traffic control signs and posts. A copy of the Policy Statement P-013 is incorporated into these minutes as addendum pages.

7c. Budget Amendment, $6,860 - A budget amendment to the FY 2001-02 budget was adopted in the amount of $6,860.00 to accept insurance proceeds.

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

7d. Minutes. - Minutes of the Board’s regular meeting held on May 7, 2002 were approved.

8a. Bible Way Extension Right of Way Condemnations – Mrs. Sudano advised the Board that the engineering department recommends that this agenda item be delayed until the June 4 meeting so that certified letters can be sent

Action: The Board approved a motion to defer action until June 4.

Motion By: Tedder

Second By: Atwell

Vote: Unanimous

8b. 02-MAS-05, Newbury Park – Ms. Bobber explained the details of the proposed housing project that features 10,000 square foot lots. She reported that staff and the Planning Board recommend approval of the major subdivision.

Commissioners said they had concerns about the single access on Sunset Lake Road.

The access drive is located where it is to be within the limits brought about by the amount of road frontage of the property and NCDOT requirements, Mrs. Sudano explained.

Commissioner Schifano said he liked the lot sizes and the varying sizes of the lot widths; however, he said he would suggest that six lots be eliminated and used for open space and recreation (instead of fee-in-lieu).

Commissioner Tedder agreed. He said he felt the Town should stop allowing developers to fill every square inch of space with development.

Commissioners were in agreement that they have concerns about open space, accessibility and street connectivity regarding this subdivision.

Action: The Board approved a motion to defer action on 02-MAS-05, Newbury Park, until designers could address their concerns on the plans.

Motion By: Tedder

Second By: Atwell

Vote: Unanimous

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:

Willie Kearse – Mr. Kearse asked about his building permit (this relates to the proposed alignment of the future 540 Loop through his property). Mrs. Sudano said her office would get with Mr. Kearse during the next week.

10. Other Business –

10a. Resolution 02-R-17 – The Board approved a motion to adopt Resolution 02-R-17 requesting that the North Carolina General Assembly enact legislation to protect municipal revenues.

Motion By: Schifano

Second By: VanFossen

Vote: Unanimous

10b. Sunset Ridge Pump Station – Commissioner VanFossen brought up the landscaping plan for the Sunset Ridge pump station. He said he had expected to receive an updated and amended landscape plan but had not.

Mrs. Sudano explained that she understood that the plan was for the residents to review and provide input. She added that she had not received any input from the residents as of this date.

The Mayor suggested a meeting with Mrs. Sudano, Commissioner VanFossen and residents to devise a final landscaping plan.

Commissioner VanFossen also brought up the painting of the roof of the sound-proofing structure

The Town has been advised that painting the roof any other color with any other paint than what is being used would void the warranty of the generator soundproofing.

Commissioner VanFossen suggested that a camouflage net be used instead. He said it was important to minimize the appearance of the large device.

11. Manager’s Reports – None

12. Closed Session – The Board approved a motion to enter Closed Session, pursuant to G.S. 143-318.11(a)(3), to discuss the matter of Holly Springs vs. Kolesar condemnation case.

Moton By: Schifano

Second By: Atwell

Vote: Unanimous

General Account Closed Session, May 21, 2002

In Closed Session, the Town Attorney explained a communication he has had with a property owner regarding a sidewalk easement and the compensation he was paid. He told the Board what its options were in response to the property owner’s attorney’s request for a “settlement” in the case.

Following deliberations, the Board gave the attorney directions.

Following, the Town Attorney asked to meet privately with the Board, pursuant to General Statutes allowing discussions with Board-appointed officers of the Town.

– End General Account

13. Adjournment – There being no further business for the evening, the May 21, 2002 meeting of the Holly Springs Board of Commissioners was adjourned.

Respectfully Submitted on Tuesday, June 18, 2002.

___________________________

Joni Powell, CMC, Town Clerk

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