Town of Holly Springs
Board of Commissioners Regular Meeting
Tuesday, June 18, 2002
MINUTES
The Holly Springs Town Board of Commissioners met in regular session on Tuesday, June 18, 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 four board members were present as the meeting opened.
Board Members Present: Commissioners Steve Tedder, John Schifano, Chet VanFossen,, and Hank Dickson and Mayor Sears.
Board Members Absent : Commissioner Peter Atwell.
Staff Members Present: Carl G. Dean, town manager; Charles Simmons , assistant town manager, Ernest C. Pearson, town attorney; Joni Powell, town clerk (recording the minutes); Linda Harper, deputy town clerk, Jennifer Mizelle, economic development director, Gina Bobber, planning director; Alysia Bailey, planner; Preston Short, code enforcement officer; Drew Holland , finance director; Len Bradley , director of parks and recreation; 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. Lewis Gentry of the Holly Springs Baptist Church.
4. Agenda Adjustment – The June 18, 2002 meeting agenda was adopted with changes, if any, as listed below.
Motion By: Dickson
Second By: VanFossen
Vote: Unanimous.
Items Added to Agenda: None.
Consent Agenda Items Removed: None
Other Changes: None.
5a. Public Hearing: Special Use Permit 02- SUP -01, General Concrete - Ms. Bailey reviewed the following outline with the Board members: General Concrete is located in the Holly Springs Industrial Park on Lot 5. A site plan for this project was originally approved on December 2, 1997 . The applicant is currently applying for a Special Use Permit and Zoning Permit to place three outdoor fuel tanks to the rear of the lot, where they will have limited visibility from the street.
According to the planning department:
• The proposed tanks would be screened from the view of the property located to the east of the tanks by using a wooden fence and evergreens.
• The original approval of General Concrete did not include the approval of outdoor storage; however, this site has a significant amount of outdoor storage that is visible from the road and adjacent properties in violation of Town Ordinances. The Department of Planning and Zoning is currently pursuing enforcement action to bring the site into compliance. Further review and action should not continue until satisfactory agreements have been made for correction of the violations, Ms. Bobber said in her agenda packet notes.
Ms. Bailey requested that the Board accept sworn testimony on Special Use Permit application #02- SUP -01 and to continue the public hearing until the Town Board's regular meeting on July16, 2002, giving the applicant more time to satisfactorily correct violations.
Ms. Bobber said, however, if the Town Board is satisfied with the current response from the property owner regarding the outstanding violations on the property, she requested that the Board then consider approval of the Special Use Permit 02- SUP -01 and Zoning Permit 02-ZPF-05 for installation and use of three outdoor fuel tanks at General Concrete with the following conditions as recommended by the Planning Board and staff:
1. The property owner must bring the property into compliance with Town Ordinances and all previously approved plans in accordance with the specific work plan submitted to the Department of Planning & Zoning.
2. Construction drawing approval is required prior to construction.
3. The following items are to be included on construction drawings (later in the approval process): * Proper documentation of the installation and design of the tanks will be required prior to use.
4. The fence enclosing the fuel tanks shall be a maximum of six feet in height, or one foot higher than the fuel tanks, whichever is shorter.
With that explanation completed, Mayor Sears opened the public hearing to accept sworn testimony. The following witnesses, under oath administered by the town clerk, testified:
Peter Cnosen – On behalf of General Concrete, Mr. Cnosen submitted the special use permit application and site plan into the sworn record as evidence that the plan satisfies the general and special conditions set out by Town Code.
Commissioner VanFossen asked why landscaping has not been done and why there is outside storage in violation of ordinances.
Mr. Cnosen responded that there has been some confusion as to what the approved landscaping plan is. He said the applicant was working with the Town to correct violations.
Commissioner Schifano asked how tall the tanks would be,
Mr. Cnosen responded that he did not know how tall the tanks would be as the manufacturer would need to address the question.
Commissioner Dickson asked when was it discovered that the site was not in compliance.
Mr. Cnosen said last month (May 2002) the Town's code enforcement officer noted the violations and began contacts with General Concrete.
Tim Schrowyer – Mr. Schrowyer is general partner with Corrugated Container, which is located next door. Mr. Schrowyer pointed out that the site is already in violation of Town Code and that he would hope that the Board would at least continue the public hearing until violations are addressed and a decision is made. He said the site is unsightly.
Commissioner VanFossen asked if there was confusion on the town staff's part as to which landscaping plan was being used and if the town noted the violations prior to the submittal.
Mrs. Bobber explained that staff had invited all tenants of the business park to a luncheon, during which the violations were noted. Later, a letter of notice was issued to General Concrete, which received the letter and then approached the Town in March or April regarding its special use permit application. At this time, staff advised them of violations, Ms. Bobber said.
Mr. Short spoke with the manager of General Concrete, but no progress was made. An official zoning violation letter was then issued.
Ms. Bobber said the owner advises that an amended landscaping plan was submitted to the Town and approved, but none are on file.
Mayor Sears recommended that the Town Board continue the public hearing until the landscape plan is straightened out and zoning violations are addressed.
Commissioner Tedder said he feels that the violations and submittal of a special use permit application should be separate issues.
Action: The Board approved a motion to continue the public hearing on Special Use Permit Application 02- SUP -01 and Zoning Permit 02-ZPF-05 filed by General Concrete to resume at 7 p.m. on Tuesday, July 16, 2002 or as soon thereafter as is practicable.
Motion By: VanFossen
Second By: Dickson
Vote: Unanimous
5b. Public Hearing: Rezoning Petition 02-REZ-06, Bass Lake - Ms. Bobber explained that the Town owns this property located off Bass lake Road and is in the process of rebuilding the dam at Bass Lake and constructing a regional park. The Town annexed this property earlier this year, however, a zoning request was not filed simultaneously, she said.
This zoning petition is to set the zoning of the 89.89 acres contained in Bass Lake Park to Holly Springs R-20: Residential / Agricultural District. The proposed zoning is consistent with the Town's Ten-Year Comprehensive Growth Plan, and all the planned park activities are permitted uses in the R-20 zoning district, she added.
Ms. Bobber reported that staff and the Planning Board recommend approval of the town-initiated petition.
With that explanation completed, Mayor Sears opened the public hearing to accept input. The following comments were recorded:
Tom Hartz – As a resident of Nature's Reach Subdivision, Mr. Hartz said he had questions about the future operation of Bass Lake Park. He said his concerns are regarding the impact on his property.
Mr. Bradley said he would meet with Mr. Hartz and address his concerns
There being no further comments, the public hearing was closed.
Action: The Board approved a motion to approve Rezoning Petition 02-REZ-06 to set the zoning of 89.89 acres of town-owned property off Bass Lake Road and containing Bass Lake Park to Holly Springs Zoning District R-20: Residential/Agricultural District.
Motion By: Schifano
Second By: Dickson
Vote: Unanimous
5c. Public Hearing: Ordinance 02-09, (02-ZOA-04) Parking Requirements - Ms. Bobber explained that the Town has been working on the draft of a new Unified Development Ordinance for the Town that will be modifying many of the current zoning regulations. Ms. Bobber said one of the proposed changes is to modify the required parking requirements for many uses.
Primarily, the proposed ordinance would reduce the minimum required parking spaces to ultimately reduce the size of parking lots, increase opportunities for internal landscaping, and reduce the visual blight of parking lots.
Ms. Bobber said that staff has been in discussions with many retailers and shopping center developers that actually feel that the number of required parking spaces in current regulations is too high. Therefore, staff is recommending to amend the current Town Zoning Ordinance to reduce the required number of parking spaces for “Retail Stores” and “Shopping Centers” to 3.5 spaces per 1,000 square feet of building area.
Ms. Bobber reported that staff and the Planning Board recommend approval of the ordinance.
Commissioner VanFossen said he felt that 3.5 spaces per 1,000 feet was too low. He said he would feel more comfortable with four.
Commissioner Schifano asked what other towns have done.
Ms. Bobber said Apex has 3 spaces; Cary has 5.
Commissioner Schifano pointed out that this would be a minimum and it would be up to the developer/builder to meet the market, taking into account nearby public parking.
Ms. Bobber said she felt the reduction would be driven by the market. The Town also would benefit from reduced impervious surfaces and increased opportunities for landscaping.
With that explanation completed, Mayor Sears opened the public hearing to accept input. The following comments were recorded: None.
There being no comments, the public hearing was closed.
Action: The Board approved a motion to adopt Ordinance 02-09 (Zoning Ordinance Amendment 02-ZOA-04) amending Section 9-4020.10, Off-Street Parking, to reduce the minimum required parking spaces for retail stores and shopping centers.
Motion By: Schifano
Second By: Dickson
Vote: The motion carried 3-1. Commissioner VanFossen voted against.
6. Fall Festival – Mr. Don Mizelle, president of the Holly Springs Chamber of Commerce, addressed the Board with a request from the Chamber to replace the Town's annual Labor Day Festival with a newly-named festival to be held on Sept. 20-21.
Mr. Mizelle noted that the Chamber would like to be actively involved in the festival, which would be hosted and sponsored by the Town as usual, but the Chamber would also pursue other fund-raising activities in conjunction with the festival. He mentioned that a bier garten type of feature is being looked at, if the Town would allow it.
The Town Board had no problems with changing the date of the festival or changing the name.
Commissioner Schifano said he would hope the Board would be in support in the future of amending the Town Code to allow alcohol sales.
Commissioner Dickson likes Holly Hog Day as the name and would not be in favor of having alcohol.
Commissioner VanFossen urged the Town Board to take action quickly.
There was consensus on the Board that “Holly Hog” would be a fine name for a mascot of the barbecue cook-off portion of the event.
Commissioner VanFossen said he would be in support of the bier garten event because it would be handled appropriately.
The Town Attorney pointed out that there is the danger of a consumer's being “over-served” and the Town's or Chamber's being subject to a lawsuit. He advised that there is rider insurance available to cover such events. He said he would investigate further and report back on this issue.
Commissioner Tedder said he would feel more comfortable taking action on the bier garten aspect of the event after the Town Attorney reports back to the Board.
Action: The Board approved a motion to replace the annual Labor Day festival held on Labor Day with another-named event to be held jointly with the Chamber of Commerce on Sept. 20-21, 2002 (and likely the last Friday evening and Saturday of summer thereafter) at Womble Park; that a name for the festival be determined by the Chamber; and that the sale of alcohol will be determined following a report from the Town Attorney.
Motion By: Schifano
Second By: VanFossen
Vote: Unanimous
Prior to adoption of the Consent Agenda, which contains a resolution declaring surplus property, Commissioner Schifano stressed that he would hope that the surplus property would be disposed of to the highest benefit of the Town.
Mr. Dean advised that the Town would most likely join forces with Wake County Sheriff's Office for a combined auction sale since the Town's list would not likely generate a large amount of interest.
7a. Consent Agenda – All items on the Consent Agenda were approved following a motion by Commissioner Tedder, a second by Commissioner Dickson and a unanimous vote. The following actions were affected:
6a. Budget Amendment, $49,900 - A budget amendment to the FY 2001-02 budget was adopted in the amount of $49,900 to allocate revenues from the Utility Fund and reclass $98,500 in funds to close-out Fund 47 (water and sewer improvements). A copy of the budget amendments are incorporated into these minutes as addendum pages .
6b. Resolution 02-R-19 - Resolution 02-R-19 declaring certain personal property of the Town as surplus was adopted. A copy of the Resolution 02-R-19 is incorporated into these minutes as addendum pages.
6c. Resolution 02-R-20 - The Board adopted Resolution 02-R-20 to approve the financing terms of the new town hall project and reviewed a related financing agreement with Branch Banking & Trust Company. A copy of Resolution 02-R-20 is incorporated into these minutes as addendum pages.
6d. Resolution 02-R-21 - The Board adopted Resolution 02-R-21 to approve modifications to the existing town hall financing agreement and reviewed a related modification agreement with Branch Bank & Trust Company. A copy of Resolution 02-R-21 is incorporated into these minutes as addendum pages.
6e. Resolution 02-R-22 - The Board adopted Resolution 02-R-22 authorizing the condemnation of property required for making improvements to the Hwy. 55 and Holly Springs Road intersection. A copy of Resolution 02-R-22 is incorporated into these minutes as addendum pages.
6f. Minutes. - Minutes of the Board's regular meeting held on May 21, 2002 were approved.
7a. New Town Hall Construction Bid Award - Mr. Simmons explained to the Board that on June 4, 2002 , sealed bids for the Holly Springs Town Hall construction project were opened and publicly read in the administrative conference room of the Main Street Annex. He reported that 12 qualified bids were received, and the apparent low bidder was determined to be Duke Construction, LP of Morrisville.
Duke Construction submitted a base bid of $3,125,000. The next lowest base bid was $3,265,478 and the highest base bid came in at $3,900,000.
Mr. Simmons reflected on the bid tabulation summary sheet that was acknowledged publicly at the June 4 Town Board meeting.
Little and Associates, architects for the project, did a background investigation of Duke Construction, which yielded very positive reviews of the contractor's previous performance. Mr. Simmons said that a meeting with Duke Construction officials also has been scheduled to discuss a variety of related issues, as well as aspects of the project itself.
Mr. Brian Simpson of Little and Associates introduced Mr. Dan MacNeil of Duke Construction LP, who gave the Board more information about the company and its operating philosophy.
Action: The Board approved a motion to award the construction bid for the new Town Hall project to the lowest responsible bidder, Duke Construction LP of Morrisville, and that the bid award shall include acceptance of alternate #8 (provide porcelain tile in the lobby instead of terrazzo and VCT) for a total bid price of $3,111,155; and that the Town Manager be authorized to sign and execute the appropriate contract for the completion of this project on behalf of the Town, following Local Government Commission approval.
Motion By: Dickson
Second By: VanFossen
Vote: Unanimous
A copy of the bid tabulation is incorporated into these minutes as an addendum page.
8b. July 2 Town Board Meeting - Mayor Sears explained that in light of the July 4 holiday and vacation plans made by staff and officials, he proposed that the Board not hold its regularly scheduled meeting on July 2.
Mr. Dean mentioned that one item that would have been scheduled for July 2 is authorization of additional streets in the street resurfacing project, the first segment of which is nearly complete. Another item is the Holly Springs Road and NC 55 intersection improvements project. Those two items should not take very long and could be handled in just a few minutes, he said.
That said, Commissioner Schifano said he would not be in favor of canceling the July 2 meeting.
Action: None.
8c. Special Meeting: Unified Development Ordinance - Ms. Bobber distributed copies of the draft UDO.
The consultant would be available for a formal presentation during the week of July 15 and the week of July 22, Ms. Bobber said.
July 25 was mentioned as the most agreeable date for the Board members; 6 p.m. at a location other than the Hunt Center.
Action: None
8d. Zoning Permit/Site Plan 02-ZPF-06, Walgreens - Ms. Bailey explained that the request is for approval of a Zoning Permit/Site Plan for construction of Walgreen's in the Holly Springs Commercial Center, which was approved on August 4, 1998 . The project is proposed for an outlot on the northwest corner of N. Main Street and New Hill Road.
Ms. Bailey said that the plan as submitted complies with a previously-approved variance (granted August 19, 1993 ), which reduced the setback requirements along N. Main Street and New Hill Road to five feet for the parking lot. The proposed development complies with the lot coverage standards. The development as proposed did not comply with parking requirements of the Town's ordinance; however, the plan does comply following adoption of Ordinance 02-09 (02-ZOA-04) earlier in the meeting since the new ordinance reduces the number of required parking spaces to 3.5 for every 1,000 square feet of building area.
Ms. Bailey said that the landscape plan has been revised since the Planning Board meeting. The revised plan does comply with the Town's landscape requirements, Ms. Bailey said. She added that the developer has advised that the company would be able to comply with a recommendation of the Planning Board regarding the Dumpster and compactor enclosure; however, the Town has not yet received any revised plans to that effect.
Ms. Bailey said that staff and the Planning Board recommend approval of Zoning Permit #02-ZPF-06 for Holly Springs Commercial Out Lot #1 (Walgreens) as submitted by Spaulding and Norris with conditions.
Mrs. Sudano said that this site is at the corner of a major intersection where the Town is currently planning for improvements. A fee-in-lieu of roadway improvements will be required to cover required thoroughfare widening and sidewalk on NC55, sidewalk along New Hill Road, and signal relocations. Additionally, she said, the Town is requesting a $25,000 fee-in-lieu of decorative signal improvements. She noted that the applicant has requested that it not be required to pay that fee because it appears that the applicant was not advised of the requirement in the early stages of plan review.
Mr. Dean pointed out three items in a memorandum that the Board should consider in making a decision. One being the right-in/out throat length off of NC 55 was disputed by the developer and the developer would be negotiating with NCDOT for a lesser length. Secondly, the drainage modeling of the site was originally disputed, but does not appear to be a problem. The third item to consider is the $25,000 payment-in-lieu for signalization, which is being disputed.
Mr. Don Mizelle, representing Spaulding and Norris, addressed the Board. He reported that the developer is not prepared to pay the $25,000 fee-in-lieu of a decorative signal improvement. He questioned if this is a town ordinance or policy or just a recommendation.
Mrs. Sudano said the Town requires thoroughfare improvements, and this is being interpreted by staff as a thoroughfare improvement. She noted that it was an upgrade, however.
Commissioner Schifano advised the Board that he was doing the title search and would be being paid regardless of how he votes; therefore, he will not recuse himself from discussion or action.
Commissioner Schifano said that he felt that if the $25,000 fee-in-lieu of decorative signal was made known to the applicant earlier in the process, or if there was an ordinance that specifically required it, he would certainly want to include it in the site plan. Since this is not the case, he said he would recommend that the Town Board approve the site plan without the requirement that the applicant pay a $25,000 fee-in-lieu for a decorative traffic signal.
Action #1 : Commissioner Schifano formed his recommendation into the form of a motion. Commissioner Tedder seconded the motion. Commissioner VanFossen requested further discussion. (It should be noted that no action was taken on this motion, which was replaced with a substitute motion later in the meeting).
Commissioner Tedder said he agrees with approving the site plan without the $25,000 because it is not an official requirement of the Town and that it was not known to the applicant until late in the process.
Commissioner VanFossen asked what the difference in price would be between the decorative signal and the traditional type hung with cables. Mrs. Sudano said the difference is between $50,000 and $100,000. She explained that with all the widening that will occur at the intersection, there will be an added expense for reconfiguration, regardless of what type of light is chosen.
In discussion, Mr. Steve Bortz addressed the Board to advise that Walgreens is committed to paying $70,000 total for widening and sidewalk installation. He said the estimate including the traffic light reconfiguration was $108,000. He said Walgreens stands firm in its $70,000 commitment.
Additionally, Mr. Bortz requested that Conditions No. 4 (80-foot throat) and 5 (not acceptable traffic movement) be deleted since they are not points of disagreement, but the negative language contained in them may harm efforts the developer will have in obtaining permits from NCDOT.
On Condition No. 5, he said, the plan features a median in between the drive-through and the lanes that go to the right of the drive-through. The median would prohibit conflicting traffic movement, he said.
As for Condition No. 6, he said he has not yet received a cost estimate for a drainage consultant to identify any drainage issues. He said he has agreed to do this, but has concerns he will not be able to meet his budget. He said he would like to know how much this will cost as soon as possible so that he can advise Walgreens.
In summary, he said the developer is not in favor of providing the additional $25,000 for a decorative traffic signal in the intersection; and that the applicant requests reconsideration of the wording to Conditions No. 4 and 5 listed by staff and the Planning Board. He noted that Items 12 (using architectural columns or facade treatment) and 13 (using colored bricks to match the exterior of Wendy's) would be acceptable, he said.
Mrs. Sudano advised that the cost for participating in a drainage study at the site would be between $4,000 and $5,000, which had been communicated to the applicant by the Town Manager.
Mrs. Bobber requested that Condition No. 7 be stricken from the list of conditions of approval.
After further discussion, the Board took action.
Commissioner Tedder = aproval without $25,000; modification to No. 4 to read; modification to No. 5; leave No. 6; change last one back to “should”; final payment in lieu to be worked out with staff.
Shifano second
Amended to add last phrase
VanFossen seconded amendment
Vote: Unanimous
Action #2: The Board approved a motion to approve Zoning Permit/Site Plan 02-ZPF-06 for the Holly Springs Commercial Out Lot #1, Walgreens, without requiring a $25,000 fee-in-lieu from the applicant for a decorative traffic signal and with the following conditions:
1. A plat for the outlot must be approved by the Town of Holly Springs , and recorded with the Register of Deeds before a building permit is issued.
2. Site Plan/Zoning Permit #98-COM-07 for the main commercial building in Holly Springs Commercial is hereby voided since this plan extends into the required parking area of the previously-approved plan. However, Subdivision Plan #97-COM-12 creating four lots and all associated architectural requirements will remain valid.
3. All landscaping requirements must be complied with and be shown on the plan before being reviewed for approval by the Town Board.
4. As discussed during the recent developer meeting, the right-in/right-out must meet the minimum dimensions as approved by NCDOT.
5. To work with staff to define lanes of travel for safe vehicle movement.
6. As discussed at the 2 nd developer /staff conference, the previous drainage studies referenced in applicant's response to second review comments did not cover the type of drainage analysis needed for this submittal. Needed is a response to the following comment:
* This site is upstream of an area that the Board has identified as a problem drainage area. The Board has retained a consultant to model the drainage in this basin. The model will be used in the analysis of any sites that develop, at the developer's expense. We will provide an estimate for those services within a few weeks. The developer can reimburse the Town for having this analysis performed, or independently perform the study. Please advise before the Board meeting how the developer wishes to proceed. In addition, a “scoping” meeting is recommended to define the study before it is initiated.
7. This Condition was Stricken from the List of Conditions.
8. The following items are to be included on construction drawings (later in the approval process):
* Fee-in-lieu for roadway improvements
* Show how the internal roadway connection will be accomplished.
9. Construction drawings must be submitted and approved prior to beginning construction.
10. The approval of this Zoning Permit does not grant approval or potential approval of any signage including ground, wall, or others that may be indicated on the plans.
11. Prior to the installation of any temporary or permanent signs, a sign permit must be applied for to and issued by the Department of Planning & Zoning.
12. The dumpster and compactor must be fully enclosed.
13. Columns or some type of architectural feature shall be used to break up the façade of the building.
14. The soldier course of the building should be cream in color to match the soldier course of the nearby Wendy's.
15. Added with Motion Amendment : That Town staff and other parties will meet to work out final payment-in-lieu payment.
Motion By: Tedder
Second By: Schifano
As a point of clarification, Mr. Dean advised the Town Board that there are other payments-in-lieu that are being requested for infrastructure improvements. At the moment, the estimate is $83,000 -- or about $13,000 more than what Walgreen has agreed to contribute thus far. He advised the Board that he would like to be able to negotiate that final payment-in-lieu amount.
Mr. Bortz told the Board that he would not have a problem if that were to be made part of the motion.
Amended Motion: Commissioner Tedder amended his motion to add Condition No. 15 that Town staff and other parties will meet to work out final payment-in-lieu details.
Second of Amended Motion By : VanFossen
Vote: Unanimous
8e. NC Hwy. 55/ Holly Springs Road Intersection Appraisal Service Agreement - Mr. Dean recommended that Item 8e. be tabled to July 2 so that all the intersection discussion be done at one time.
Commissioner Schifano stressed that he would prefer the Town approach the property owners first to obtain property.
Written communication and verbal communication will proceed, Mr. Dean said, but the Town wants to move quickly in order to complete the intersection before school starts, if possible.
Action: Tabled until July 2.
8f. NCDOT Enhancement Fund Application - Mrs. Thompson explained to the Board that the North Carolina Department of Transportation has made a call for all enhancement requests across the state. Mrs. Thompson said that staff met with NCDOT officials and concluded that the Town should make a request for funding for a streetscape project that would be broken down into two phases. Phase 1 would include streetscape improvements along NC 55 from Holly Springs Road south to Elm Avenue. Phase 2 would include streetscape improvements along Avent Ferry Road from NC 55 south to Elm Avenue. The streetscape project would include the following scope of work - 1) site surveys, 2) utility relocation, 3)sidewalk, 4) elegant brick, 5) landscape, 6) decorative street lights and street signs,7) bicycle racks, benches, and tree grates.
Ms. Thompson said the total cost for these phases is estimated at $951,000. In order to receive funding from the NCDOT, the Town of Holly Springs has to contribute 20%, which totals $191,000. The remaining 80% totaling $761,000.00 would be requested from NCDOT. Mrs. Thompson said that staff recommends the Board endorse the NCDOT Enhancement Fund Application and to allocate designated local funds for future implementation.
Commissioner Schifano asked from where would the money for the matching portion be derived.
Mr. Dean said funds would be located in the budget if the Town receives the grant award. The Town would benefit tremendously from an 80% grant, he added.
Action: The Board approved a motion to endorse the NCDOT Enhancement Fund Application for 80% funding ($761,000) for downtown streetscape improvements and to express its intention to participate as required if the grant is awarded.
Motion By: Schifano
Second By: Tedder
Vote : Unanimous
8g. Holly Springs Cemetery Lots - Mrs. Thompson brought the Board up to date on the boundary survey, orthophotographs, planimetrics, and GIS database of existing plot lines for the Town's cemetery. Mrs. Thompson said the next step is to create the layout of unused portions of the cemetery.
The current surveys and deed research have concluded that the east and west portions of the property show the Town's owning the property; however, there are grey areas in between these properties and around the perimeter that have no record of title to be found. There are two options that the Town Attorney has suggested. Those options are to conduct a quiet claim or assume 21-year possession. Mrs. Thompson said there's no funding associated with this step.
Mr. Pearson reviewed with the Board the quiet claim process and the meaning of the assume 21-year possession clause.
Mr. Pearson also noted that the Board could -- although he did not recommend this option -- do an extensive title search on the property in question; determine who the current heirs of the original owners before conveyance to the Town; and approach those heirs with an attempt to get quit claim deeds.
Mr. Pearson also noted that the Board also could do nothing at this time, since no one is laying claim to this property at present, and the Town has no plans to sell the property or to pledge it as collateral on a loan. Consequently, he said, title is not at issue at present. If, in the future, someone were to come forward to claim any interest in the property in question, then the Town could raise its rights at that time, based on an adverse possession claim. Likewise, he said, the Town could undertake a quiet claim in the future if it were to decide to sell or collateralize the property in question.
Mr. Pearson concluded he did not think the costs involved in clarifying title is necessary or advisable at this time, since title is not an issue.
Staff recommends as the Town Attorney does: that no action be taken and that the Town exercise its dominion until such time as title becomes an issue.
Action: The Board approved a motion to exercise control and dominion of the cemetery property in question and to make open and notorious that the Town is the true owner of the land and has been for more than 20 years.
Motion By: Schifano
Second By: Dickson
Vote: Unanimous
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: None.
11. Other Business: None
12. Manager's Reports – None.
13. Closed Session –None.
14. Adjournment – There being no further business for the evening, the June 18, 2002 meeting of the Holly Springs Board of Commissioners was adjourned following a motion by Commissioner VanFossen, a second by Commissioner Dickson and a unanimous vote.
Respectfully Submitted on Tuesday, July 16, 2002 .
___________________________
Joni Powell, CMC , Town Clerk
Addendum pages as referenced in these minutes follow and are a part of the official record.