Town of Holly Springs

Board of Commissioners Regular Meeting

Tuesday, August 20, 2002

MINUTES

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, August 20, 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 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; Charles 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; Alysia Bailey, planner; Preston Short, code enforcement officer; Larry Boykin, assistant 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. Horace Ferguson of the Holly Springs Methodist Church.

4. Agenda Adjustment – The August 20, 2002 meeting agenda was adopted with changes, if any, as listed below.

Motion By: Dickson

Second By: Schifano

Vote: Unanimous.

Items Added to Agenda: None.

Consent Agenda Items Removed: None

Other Changes: None.

5a. Public Hearing: CP&L Rezoning Petition, 02‑REZ‑08 - Ms. Bobber explained to the board that the subject rezoning request, if approved, would require an amendment to the Town’s 10-Year Comprehensive Growth Plan (02-GPA-01).

Ms. Bobber said the Town has received a petition for the rezoning of 52.907 acres located on the north and south sides of US Highway 1 to Commercial. The land, which is currently zoned for medium-density residential development, has approximately 1,600 feet of frontage on the north side of US Highway 1, and 1,900 feet of road frontage on the south side.

The area adjacent to the northeast of this property has been designated by the Comprehensive Growth Plan as a Community Employment Center and as high density residential. Even though the proposed area to be rezoned is not a part of the activity node, it would provide a good transition to it, Ms. Bobber said. The proposed rezoning also provides the opportunity for various services to be provided for the existing and future residents of the surrounding area.

The applicants have informed staff that they are not currently pursuing an interchange in this area, however, staff believes that this amendment will provide an appropriate transition from the Community Employment Center activity node into a mixed office and retail area as stated in the applicant's statement of rezoning, Ms. Bobber said.

Ms. Bobber said that staff and Planning Board have reviewed the petition and recommend approval of the rezoning request and associated amendment to the Town’s Comprehensive Growth Plan.

With that explanation completed, Mayor Sears opened the public hearing to accept input. The following comments were recorded:

Mr. Steve Cochran, Progress Energy – Mr. Cochran affirmed that the applicant is seeking the rezoning. He said Progress Energy believes that a C-1 zoning district is the highest and best use for this property with its highway frontage.

Elizabeth Ray, 3113 Friendship Road – Ms. Ray explained that she is an adjoining property owner to the subject property. She said that all the property surrounding it is zoned for residential development. Because there is currently no water and sewer service available to the property, development is not imminent. For this reason, she said, she feels that rezoning at this time is not necessary.

Ms. Ray also pointed out that the C-1 zoning classification would detract from her property because the zone would be so speculative that she would not be able to market her property, if she were decide to do so. She said she is opposed to the rezoning request.

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

The Board discussed the buffers that would be provided to protect surrounding properties. Due to the highway frontage, the Board agreed that a non-residential use of the property was appropriate.

Action: The Board approved a motion to approve Ten Year Comprehensive Growth Plan Amendment 02‑GPA‑01 to change the future land use designation of 52.907 acres from no designation and medium-density residential to commercial and to approve Rezoning Petition #02‑REZ‑08 on the same property to change the zoning from R‑20: Residential‑Agricultural District to C‑1: Commercial District as petitioned by Steve Cochran, Progress Energy Service Company, LLC.

Motion By: Dickson

Second By: VanFossen

Vote: Unanimous

5b. Public Hearing: 02-SUP-01 and 02-ZPF-03 - Holland Industrial Lot 17 - Ms. Bailey explained that the request before the Board is for approval of a zoning permit to allow a flex space building to be used as a wholesale distribution center, and a special use permit to allow outdoor storage. The proposed building is to be located on 3.79 acres in the Holland Industrial Park on Lot 17.

Ms. Bailey said the outdoor storage will be located to the rear of the lot and will have limited visibility from the street. The proposed flex space building will be developed in two phases.

Ms. Bailey explained that the applicant has obtained a variance (02‑VAR‑12) from the Board of Adjustment, because the ordinance specifies that the maximum lot coverage for industrial development is 40%, and the proposed lot coverage for this project is 72%. This increase is to allow for the utilization of a gravel outdoor storage area to the rear of the building. The developer would be providing an underground detention basin that reduces the drainage flow to that equivalent of a site with 40% lot coverage, she added.

Ms. Bailey said that the façade fronting on Premier Drive will consist of red brick with tan brick accents. The brick and the tan brick accents will wrap the sides of the building for approximately 28 feet. The remaining portion of the sides and rear of the building will consist of metal paneling.

Ms. Bailey said the Planning Board had reviewed the application and recommends Town Board approval with conditions.

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:

Elizabeth Chestnut, 606 Kirby Street, Raleigh – Speaking on behalf of the applicant, Ms. Chestnut submitted the special use permit application and site plan into the hearing record. She pointed out landscaping featured on the site plan. She noted that the outdoor storage would include the applicant’s inventory of pre-fab detention basins.

Commissioner Dickson asked about the landscaping. He said he would recommend that landscaping be provided all the way across the property fronting Premier Drive, and not half-way across until a later stage of development, as illustrated on the landscaping plan.

Commissioner VanFossen asked about the size of the detention containers.

Ms. Chestnut estimated that the basins measure approximately 8x6x4 feet.

Commissioner VanFossen asked how high would the inventory be stacked?

Ms. Chestnut said the applicant had advised her that the containers would be stacked 10 to 12 feet high.

Commissioner Schifano asked if the units would collect water.

Ms. Chestnut responded no.

Commissioner Atwell suggested that the Board could add a condition to the permit approval that the containers would be stacked to a limited height.

Commission VanFossen suggested a limit of 12 feet, and the applicant agreed.

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

At this time, the Board set about making the following findings of fact on the application and site plan.

This proposed use requires the satisfaction of four specific conditions:

1. The Board will carefully consider the effects of the individual operation on neighboring property and the Holly Springs area and shall deny the permit if an adverse effect would be created.

The Board found that the application and site plan indicate that the operation would not have an adverse effect on neighboring properties.

2. The Board shall require sufficient buffering to screen the outdoor use or portion of the use from view of streets and neighboring property.

The Board found that the site plan illustrates that adequate buffering will be provided. 3. The outdoor use or portion of the use shall be maintained in a sanitary condition at all times so as not to harbor mosquitoes, vermin or otherwise be a menace to public health and safety.

The Board found that the application satisfies this condition.

4. Where a use could involve potential fire or other health hazards, the Fire Chief, and where applicable, the Wake County Health Department shall have an opportunity to review the application. The applicant shall provide all needed information to enable the appropriate officials to determine the safety of the operations and any storage measures.

The Board found that the application satisfies this condition.

Action #1: The Board approved a motion that the Board agrees and accepts its findings of fact that Special Use Application 02‑SUP‑03 and its related site plan satisfy the specific conditions.

Motion By: Schifano

Second By: VanFossen

Vote: Unanimous

This proposed use requires general conditions to be met as follows:

1. That all Specific Conditions have been or will be satisfied.

The Board determined that the application and site plan satisfy the specific conditions.

2. Access roads or entrance and exit drives are or will be sufficient in size and properly located to ensure automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or other emergency.

The Board found that the application and site plan satisfy this condition.

3. Off street parking, loading, refuse, and other service areas are located so as to be safe, convenient, allow for access in case of emergency, and to minimize economic, glare, odor, and other impacts on adjoining properties and properties in the general neighborhood.

The Board found that the application and site plan satisfy this condition.

4. Utilities, schools, fire, police and other necessary public and private facilities and services will be adequate to handle the proposed use.

The Board found that the application and site plan satisfy this condition.

5. The location and arrangement of the use on the site, screening, buffering, landscaping, and pedestrian ways harmonize with adjoining properties and the general area and minimize adverse impacts.

The Board found that the application and site plan satisfy this condition.

6. The type, size, and intensity of the proposed use, including such considerations as the hours of operation and numbers of people who are likely to utilize or be attracted to the use, will not have significant adverse impacts on adjoining properties or the neighborhood.

The Board found that the application and site plan satisfy this condition.

Action #2: The Board approved a motion that the Board agrees and accepts its findings of fact that Application 02‑SUP‑03 and its related site plan satisfy the six general conditions relating to all special uses.

Motion By: Schifano

Second By: Atwell

Vote: Unanimous

Action #3: Having made satisfactory findings of fact, the Board approved a motion to grant Special Use Permit 02‑ SUP‑03 for Lot 17 Holland Industrial Park as submitted by Bobbit and Associates, to allow outdoor storage of materials and equipment and the related Zoning Permit 02-ZPF‑08 for a flex space building with the following conditions as recommended by the Planning Board and members of the Town Board:

1. Sign Permit approval from the Department of Planning & Zoning must be obtained before any type of signage is placed on the property or the building.

2. A row of evergreen trees is to be provided along the front side of the fence to screen the outdoor storage area and fencing from the road. The entire landscaping plan will be provided.

3. If construction of phase 2 begins more than 1 year after phase 1, a new zoning permit/site plan will be required to be submitted for review and approval.

4. Construction drawing approval required before any construction may begin.

5. The following items are to be included on construction drawings (later in the approval process):

• The detention structure will be further evaluated during construction drawing review. This

structure will have performance based reviews and there may be additional comments or

requirements at that time.

• Lighting plans and fixtures will be further evaluated during construction drawing review.

6. Prior to issuance of a Building Permit, documentation showing the grant of the access easements along the north and south property lines is to be provided to the Department of Planning & Zoning.

7. That the height of stored inventory not exceed 12 feet in height

Commissioner Dickson asked for clarification if the intent of the motion was to insure that the applicant provided complete screening along Premiere Drive. Commissioner Schifano responded yes.

Motion By: Schifano

Second By: Dickson

Vote: Unanimous

6a. NCLM Good Claims History Recognition – Donna Milligan and Steven Lee of the North Carolina League of Municipalities, which provides insurance coverage for the Town of Holly Springs, presented to the Board an insurance rebate in the amount of $20,683 in recognition of a good claims history.

Mrs. Milligan explained that rebates were issued based on a favorable loss ratio and longevity in the program. She added that, with the state budget crisis, the League was looking for a way to assist Towns.

She noted that both she and Mr. Lee are residents of Holly Springs.

No action requested nor taken.

7. 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:

7a. Budget Amendment, $10,500 - A budget amendment to the FY 2002-03 budget was adopted in the amount of $10,500 to allocate revenues to cover the cost of Bass Lake Waterfront Facility design. A copy of the budget amendments are incorporated into these minutes as addendum pages.

7b. Resolution 02-R-25 - Resolution 02-R-25 authorizing the Town Manager as the Town’s agent in certain documents relating management of Town’s property was adopted. A copy of the Resolution 02-R-25 is incorporated into these minutes as addendum pages.

7c. Minutes. - Minutes of the Board’s regular meeting held on August 6, 2002 were approved.

8a. Womble Park Scorer’s Tower/Comfort Station Construction Bid Award - Mr. Bradley explained that this item was tabled at the August 6, 2002 Board meeting for further review of the plans. Mr. Bradley said that the Town received two bids for construction of the project, including low bidder Polovick Construction Co. Inc. with a bid in the amount of $258,000. The other bidder was Sparrow Construction Company with a bid in the amount of $268,615.

Mr. Bradley has been speaking with Polovick Construction Company Inc. and in reviewing the plans and materials determined that the actual cost could be lower by using cheaper materials for the roof and not installing air conditioning on the second floor and lower level bathrooms. Mr. Bradley said since the last board meeting the final pricing has been reduced by $8,500 through further consideration from the contractor of Polovick Construction Co. Inc., with its bid now totaling $234,560.

Mr. Bradley also said the Town has received a proposal from Stephens Hardware in Fuquay-Varina to contribute $10,500 to the project in exchange for the naming rights of (1) field in the quad for 10 years.

Mr. Bradley said that there is $40,000 in existing budget, and the remaining funds will be appropriated from parks and recreation impact fees.

Commissioner Tedder said he did not feel comfortable with the prospect of awarding naming rights, and he suggested that the Town absorb the $10,500 back into the price of the project for now.

Commissioner Atwell said he agreed.

Commissioner Schifano said he felt the idea of a 4x4 sponsorship sign on the scoreboards for $1,000 a year was good advertisement and a good option. Sponsorship of fields is common and helps the community as well as the sponsoring businesses, he said.

Commissioner Dickson said he felt sponsorships would be good and would offset some of the citizen costs.

Mayor Sears suggested that the Board approve the construction contract and consider advertising options at the facilities at another time.

Commissioner Tedder clarified his position. He said he felt the Town should look at all the facilities there and determine rates for advertising, but not necessarily bestow naming rights to a facility.

Action: The Board approved a motion to award the construction bid for the Womble Park Scorer’s Tower/Comfort Station project to the lowest responsible bidder, Polovick Construction Co. Inc., of 907 Trinity Rd. Raleigh, NC 27607, in the amount of $234,560.

Motion By: Atwell

Second By: Dickson

Vote: Unanimous

At this time, Commissioner Atwell asked the Board’s recusal from the discussion and action on the next agenda items because his property value may be affected, thus impacting him financially.

Action: The Board approved a motion to excuse Commissioner Atwell from the meeting due to his financial interest in the next agenda topics.

Motion By: Schifano

Second By: Dickson

Vote: Unanimous.

8b. Holly Springs Road Thoroughfare Widening - Mrs. Thompson said that the engineering staff was directed by the Town Board at the August 6, 2002 meeting to obtain information for expanding the scope of the intersection project for thoroughfare improvements westward along Holly Springs Road.

Staff investigated and provided information on the following possible expansions in scope of the Holly Springs Raod project:

A. From the current NC 55/ Holly Springs Intersection project to the western property line of Holly Springs Crossing Development:

B. Engineering Design Proposal for providing engineering, surveying and design services to develop right of way plats and construction of drawings for the section of roadway identified above in section A.

C. Engineering Design Proposal for providing engineering surveying and design services to develop right of way plats and construction of drawings for full widening including a median from the eastern property line of Holly Springs Crossing Development to Linksland Drive.

D. Engineering Design Cost Proposal for providing engineering surveying and design services to develop right of way plats and construction of drawings for the intersection of Sunset Lake Road and Holly Springs Road extending approximately 1,000 feet north and east, 1,200 feet west, and 2,500 feet south past Optimist Farm Road.

Commissioner Schifano asked if the Town proceeded with a design proposal and did not build the improvements, could the plan be used in the future, or would another have to be done.

Mrs. Thompson said designs should be good in the future as it would be devised according to the Town’s Thoroughfare Plan. She added that it would be good to have the design work in place so that as property is developed, the plan can be followed in securing accurate right-of-way and requesting road improvements.

Mr. Dean suggested that the Board and staff meet to devise a transportation workplan for not only Holly Springs Road, but for other transportation needs in the Town.

Commissioner Schifano asked if enhancements as described could be reasonably funded as the Town undertakes the Holly Springs Road / NC55 intersection project.

Mr. Dean said there are several avenues the Town can take toward funding. He said he hopes to have good options that can be discussed in a transportation workshop prior to the second board meeting in September

Action: The Board directed that a special meeting on the topic of the Town’s transportation needs be set prior to the Sept. 17 meeting.

8c. NC 55/Holly Springs Road Intersection Improvements - Mrs. Thompson reported that the Board was provided with information on this project on Aug. 6. Comments received at that time centered mainly on the median and related access issues, she said.

Mrs. Thompson referred to a letter that the Town sent to NCDOT, among other things, requesting clarification on these issues.

She reviewed with the Board comments received from NCDOT and resulting changes to the intersection improvements plan.

Mrs. Thompson said that staff recommends endorsement of the current plan, with any major changes to be brought back before the Town Board, pending NCDOT's responses.

She clarified that NCDOT at the district level is requiring the median on Holly Springs Road, against the expressed wishes of the Town. She said district level officers insist that access and safety is the issue.

Commissioners asked if the Town could take its requests (an alternative to a median, which would limit access to several residential and business properties) up to the division level and if doing this would jeopardize any NCDOT funding committed for the project.

Mrs. Sudano said she did not think it would jeopardize the Town’s funding and that it would be a good idea..

Action: The Board approved a motion to approve the current NC 55/Holly Springs Road Improvement Plan with the condition that, pending NCDOT responses, that any major changes to the plan be brought back to the Town Board for approval and that remaining issues be submitted to the division level of NCDOT for discussion.

Motion By: Tedder

Second By: VanFossen

Vote: Unanimous

At this time, Commissioner Atwell was admitted back into the meeting following a motion by Commissioner VanFossen, a second by Commissioner Dickson and a unanimous vote.

9a. Town Policy #014, NVD Design Guidelines for Sunset Lake Road and Holly Springs Road Intersection - Ms. Bobber said that according to the Town's Ten‑Year Comprehensive Growth Plan Land Use Policy #3, the Town shall encourage a nodal approach to commercial development that results in the creation of small village centers serving each area of Town.

Ms. Bobber said the plan suggests that each activity node was to have a public amenity or landmark and that such development standards are to be developed.

Ms. Bobber reported that staff has been working with a land planner/designer in preparing details for the gateway/activity node design guidelines for the NVD (Neighborhood Village District) node at Sunset Lake Road and Holly Springs Road. After several iterations and comments from staff, administration, and the Board, the final renderings have been prepared.

There are two different corner features provided -‑ one with a wall sign and one with wrought iron. The main Town of Holly Springs wall sign would be located in the northwest/west corner of the intersection as people enter Holly Springs from Raleigh/Cary. The other corners would be determined as development occurs, Ms. Bobber added.

Ms. Bobber said that the proposed policy requires that these features be installed by the developer at time of construction, must be placed in an easement, and the Town will maintain these features. In return, the required landscaping/buffering requirements for only the portion of the property where these features are installed would be exempt from the regular planting requirements.

Ms. Bobber explained that upon adoption of the UDO, these guidelines will be moved and included as a part of the Town of Holly Springs Development Procedures Manual.

Action: The Board approved a motion to adopt Town Policy Statement P-014, NVD Design Guidelines for the intersection of Sunset Lake Road and Holly Springs Road.

Motion By: Schifano

Second By: Atwell

Vote: Unanimous

Illustrations of the design features are on file in the Planning and Zoning Office.

9b. Recreation Advisory Committee Appointments - Mr. John Allen, vice chairman of the committee, recommended the Board appoint new members and reappoint members willing to serve another term to fill three of the four vacant positions on the advisory committee. Mr. Allen recommended that the Board reappoint Jeff Bateman and Mary Beth Healy‑Hendrick, each to a three-year term. He also recommended that the Board appoint Marilyn Jesrani to a three-year term and Adrienne Willingham to complete a term which expires 06/30/03.

Action: The Board approved a motion to reappoint Jeff Bateman and Mary Beth Healy‑Hendrick to each serve a term of three years; to appoint Marilyn Jesrani to serve a three-year term and to appoint Adrienne Willingham to complete a term which expires 06/30/03.

Motion By: Tedder

Second By: Atwell

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:

Charles Pratash, 228 N. Main Street – Mr. Pratash asked when the Town would get NCDOT officials to talk with residents affected by the Holly Springs Road / NC55 Intersection Improvements project. He asked when did the right of way change from 39 feet to 30 feet. He told the Board he wants a guardrail installed on the northern edge of his property so that cars don’t drive up into his yard.

The Mayor said he would attempt to gather responses to Mr. Pratash’ concerns.

11. Other Business: None

12. Manager’s Reports – Mr. Dean reported to the Board that the Town’s Annual Report should be on the website by Thursday; that workers were expected to pour the concrete basement of Town Hall this week; that he met with NCDOT last Thursday on the Hwy. 55 Bypass regarding landscaping; that the Ballentine Street access into Holly Springs Business Park should be paved by November; and he reported that the Public Safety Department had purchased two PT Cruiser model vehicles with grant funds for the school resource officers. He said the purchase of the Cruisers saved the Town about $4,000 at purchase and will result in increased resale value at the end of their use by the Town.

At this time, Mrs. Sudano asked the Board for the manager’s authorization to sign a contract following the receipt of cost estimates for construction of Ballentine Street. She advised the Board that the design calls for four lanes entering into the Business Park, but this contract would be for construction of only two lanes right now.

Action: The Board approved a motion to authorize the Town Manager to enter a construction contract following receipt of costs for the construction of two lanes of Ballentine Street into the Holly Springs Business Park, using Powell Bill funds to fund the project.

Motion By: Schifano

Second By: Dickson

Vote: Unanimous.

13. Closed Session – The Board approved a motion to enter Closed Session, pursuant to G.S. 143-318.11(a)5 to discuss the acquisition of real property.

Motion By: Tedder

Second By: Atwell

Vote: Unanimous

General Account, Closed Session – August 20, 2002

In Closed Session, Mr. Simmons reported to the Town Board that an agreement has been reached with a property owner to purchase a piece of property and building for $200,000.

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

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

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

– End General Account

In Open Session, the Board took action.

Action: The Board approved a motion to authorize Town staff to complete the purchase of the lot and building adjacent to Town Hall owned by Thad Tunstall and known as the Holly Springs Auto Parts property at a purchase agreement cost of $200,000.

Motion By: VanFossen

Second By: Tedder

In discussion, Commissioner Schifano asked how much it was anticipated it would cost to renovate the property to fit the Town’s needs for a public safety facility.

Mr. Simmons said estimates were about $360,000.

Commissioner Schifano said the total, then, is a half million dollars for the 3,600 square foot building for purchase and renovation.

Mr. Dean pointed out that the Town could amend its current contracts with the architect and general contractor on the Town Hall project to include the new property, which would save money over doing the project separately, especially since the building is planned to tie in with the new Town Hall.

Mr. Dean explained that the existing combined police and fire stations on Main Street do not provide adequate space for Public Safety. Staff has been investigating the options for a new facility on Holly Springs Road, but now that facility would only have to be a fire station, thereby requiring less land and a smaller facility. Besides, Mr. Dean said, the current fire station on Main Street is not a good location because of its close proximity to Station No. 1 on Avent Ferry Road and because a location on Holly Springs Road would better serve the community.

In addition, Mr. Dean said, the vacating of the property on Main Street would give the Town an opportunity to sell a valuable piece of property.

Commissioner VanFossen said the Town needs a new police and fire departments, so the Auto Parts property purchase was not a waste of money, and it would place the police department close to Town Hall. He said he felt that the Town would be making a good deal on its sale of the Main Street property and would then save money on the construction of a new fire station in a better location.

Commissioner Schifano maintained that he feels that the proposal to purchase the Auto Parts store is too expensive for the Town.

Vote: The motion carried, 4-1. Commissioner Schifano against.

14. Adjournment – There being no further business for the evening, the August 20, 2002 meeting of the Holly Springs Board of Commissioners was adjourned following a motion by Commissioner Schifano, a second by Commissioner Atwell and a unanimous vote.

Respectfully Submitted on Tuesday, September 17, 2002.

_______________________________________

Joni Powell, CMC, Town Clerk

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