Town of Holly Springs
Board of Commissioners Regular
Meeting
Tuesday, August 6, 2002
MINUTES
The Holly
Springs Town Board of Commissioners met in regular session on Tuesday, August
6, 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; Ernest C. Pearson, town attorney; Joni Powell, town
clerk (recording the minutes); Linda Harper, deputy town clerk; Gina Bobber,
director of planning and zoning; Drew Holland, finance director; Len Bradley,
director of parks and recreation; Kendra Thompson, town engineer; Stephanie
Sudano, director of engineering; Cecil Parker, chief of public safety; and
Alysia Bailey, town planner.
2 and
3. The pledge of allegiance was recited, and the meeting
opened with an invocation by Rev. Gary Allred, pastor of Sunrise Methodist
Church.
4. Agenda Adjustment ‑ The August 6, 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.
Prior to
action on the Consent Agenda, Commissioners Schifano and VanFossen asked about
lots in item 5b., 02-MAS-03, that appear to lie within close proximity to the
flood plain. They asked if it were wise
to approve a preliminary plan that illustrates a couple of lots that may be
significantly impacted by the flood plain, although it is nearly certain that
finished floors would not be effected.
Commissioner Schifano said he would like the Town to consider
instituting a 100-foot buffer regulation for future development.
Mayor Sears suggested that the Town
urge the developer/builders to inform property owners of the proximity of flood
plain to those lots that are most effected.
Commissioner Schifano added that it
would be helpful to place information on the Town’s website about flood plains,
what they mean and how to manage problems.
Mrs. Sudano suggested that Neuse
River Basin information packets that are required to be issued out to new
homebuyers can be expanded to include flood plain information. She added that the Town Attorney may be able
to devise a legal document that could be tied to each future land
purchase.
5.
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:
5a. Resolution 02‑R‑24
– Resolution 02-24 to sell the Town’s note for General Obligation Water Bonds
(funding the Town’s water capacity from Harnett County and the 1 million
gallong water tank currently under construction on Avent Ferry Road) was
adopted. A copy of Resolution 02‑R‑24
is incorporated into these minutes as addendum pages.
5b. 02‑MAS‑03 - The preliminary plan 02‑MAS‑03,
Sunset Ridge North PUD II Phase 5, was approved.
5c. 02-ZPF-10 – The site
plan/zoning permit 02‑ZPF‑10, Windcrest recreation site, was approved.
5d. Minutes - Minutes of the Board’s regular meeting
held on July 16, 2002 and UDO workshop held on July 25, 2002 were
approved.
6. Dog Park Location Report - Mr. Bradley reported to the board
that over the past several months there has been discussion regarding a
location for a possible dog park. Mr.
Bradley said that in observing the existing town’s parks, it appears most dog
owners are using Womble Park to walk their dogs. Mr. Bradley reviewed with the board the major elements for
establishing a new dog park or to use the existing parks.
Mr. Bradley said that the estimated
start-up costs would include signage - $1,500; fencing - $10,000 per acre;
water supply - $3,000; shelter - $7,500; and scoop dispensers - $100 each. He said that research also indicates the
annual estimated cost of $8,000 for the yearly maintenance for a dog park. He reviewed the advantages and disadvantages
of using the existing town’s parks such as Womble Park, Jones Park and Holly
Springs Park.
Mayor Sears asked Mr. Bradley to
rank his recommendations. Mr. Bradley
said his first choice for a dog park would be Holly Springs Park; second would
be Jones Park; and third would be Womble Park.
Mr. Bradley said Holly Springs Park
would be a good site for a pilot program with minimal cost until the Town
acquires more property suitable for a permanent location. The site has existing chain link fence,
existing shelter and an existing water source.
Only one side would need fencing, he said.
Commissioner Tedder said the report
contained good information although he did not necessarily agree with Mr.
Bradley’s ranking.
Action: No action taken.
7a. Security Self Storage 97-COM-05-A01 - Ms Bailey said that this proposal
is to amend Phase 3 of the zoning permit approved by the Town Board on March 4,
1997 for Security Self Storage. Phase 3
was originally approved to have three individual storage units of multiple
sizes and a buffer that consisted of a single row of wax myrtles.
Ms. Bailey said that the proposed
plan consists of one bi‑level storage building, which would result in a
reduction in impervious surface area, and an increase in the buffer
plantings. The existing phases of this
development were approved under the Town’s old landscape regulations (the
current landscape regulations were not adopted until August 1997). This phase of the development is being
brought into compliance with the Town’s current buffering regulations for the
portion of the site that is affected by this amendment.
Ms. Bailey said she visited the
site, and it was determined that the only portion of phase 3 that was deficient
of the opaque buffer requirements was on the southwestern side of phase 3. This area, visible from the Oakhall
subdivision, was neglected due to a detention device. This deficient area would be corrected with the subject site
plan, Ms. Bailey said.
Ms. Bailey pointed out that in
September 2000, a temporary Special Use Permit was granted to allow outdoor
storage of RV’s, boats, and trailers.
This Special Use Permit was granted with a condition that the permit
would expire on April 30, 2002. A
condition of approval recommended by staff and the planning board is that all
outdoor storage items be removed within 30 days of approval, due to the past
expiration date.
Ms. Bailey said that staff and the
Planning Board recommends the Board approve Zoning Permit #97‑COM‑05‑A01
and amend Phase 3 of Security Self Storage as submitted by Blakely Design
Group, with the conditions presented in the board’s packet.
In discussion, Commissioner Atwell
said he did not feel that the Security Self Storage site has as much screening
as the Board had intended in April 2000.
He said there are no Leland Cypress trees or trees of similar type on the
property as required by the conditions of the April 2000 Special Use Permit.
Commissioner Dickson said there is
no vegetative screening from the neighboring residential properties as the
Board had directed.
Commissioner Schifano asked what
happened to the cash bond that was to be posted.
Ms. Bobber explained that a bond was
not posted as the planting had been installed when she did the initial
landscaping inspection. She added that
the current plan before the Board requires additional plantings and the removal
of outdoor storage. She said the plant
list includes: 9 shade trees, 17 overstory trees, 21 evergreen trees, and 29
shrubs.
Mr. Kurt Regensberger said that at
the April 2000 meeting, Leland Cypress were discussed, but it was determined by
the Board that holly trees would be better-suited to the property. He said the required shrubs and the holly
trees were planted as required and inspected by the Town. He said he felt the new plantings would be a
vast improvement.
Commissioner Dickson suggested
adding a series of trees right along the fence line. Mr. Regensberger said it would be no problem.
Action: The Board approved a motion to
approve Zoning Permit amendment #97‑COM‑05‑A01 to amend the
site plan of Phase 3 of Security Self Storage as submitted by Blakely Design
Group, with the following (3) conditions:
1. That all outdoor storage items
must be removed within 30 days of approval due to the expiration of Special Use
Permit #00‑SUP‑01 approved April 4, 2000 with an expiration of date
of April 30, 2002.
2. That the following items are to
be included on construction drawings (later in the approval process):
• the sediment basin that currently exists on site that will
be evaluated during and after construction to determine the feasibility of
using it as a permanent detention pond.
Modification may be required and will be performance-based.
• Grading plans should divert all drainage to the basin if
you propose to use it as a permanent detention pond. Drainage calculations should also be revised to reflect this.
3.
That, in addition to all other plantings shown on the site plan,
ileagnes in a minimum of 3-gallons in size be planted along the southwestern
fence portion of the property in order to block the view from Bonhurst Drive.
Motion By: Dickson
Second By: Tedder
Vote: Unanimous
7b. NC 55 and Holly Springs Intersection
Improvement Project Plan - Mrs. Thompson said the Town Board directed the engineering staff at
the April 16 2002 board meeting to proceeded with the NC 55/ Holly Springs Road
Intersection Improvements Project. The
consultant designed the project at its ultimate build-out cross-section, per
the Town Thoroughfare Plan, and including the needed grade change on New Hill
Road.
This design would accommodate
present and future traffic and eliminate any need to "reconstruct"
this intersection in the future. Mrs.
Thompson said that this report was to bring the Town Board up to date with
town’s efforts on this project, to present a recommended schedule for
discussion, and present a more detailed preliminary budget.
Mrs. Thompson said that in addition
to the Town‑funded scope of improvements included in the initial project,
staff and the Town Manager have discussed with the Walgreen and Eckerd's
developers collecting payments in lieu for their required improvements for incorporation
into the Town's project. These
discussions have been successful, and it is anticipated that developer
agreements will be presented to the Town Board at the second August meeting for
those payments‑in‑lieu.
These added improvements have expanded the project limits to include
additional improvements on the south side of New Hill Road and the west side of
NC55.
Estimated project cost for the
entire project is $950,000. Revenues in
the amount of about $350,000 are anticipated from Walgreens, Eckerd Drug
Company and NCDOT. This would leave the
Town’s facing approximately $600,000 in funding.
Mayor Sears asked Mrs. Thompson to
explain what kinds of impacts there would be on property owners.
Mrs. Thompson said the Texaco site
would be the most impacted, but designers feel that the site could be provided
with adequate access.
Mrs. Thompson said there are a few
trees along Mrs. Kat Holleman’s property line that will be affected, and
sidewalk will be installed only about 11 ½ feet from her front door. Mrs. Holleman had suggested that the Town
move her house back farther on the property.
Also, the median will restrict her to a right-out exit from her
driveway.
Mrs. Hahn’s (on the southeast
corner) concern is the amount of her property that is being taken and the
resulting proximity of the roadway to her home, Mrs. Thompson said.
There was much discussion about the
concrete median on Holly Springs Road and how it would affect three property
owners’ accesses to their properties.
Commissioner Schifano suggested
extending the project on down so that widening would continue uninterrupted
down to the elementary school
Mrs. Thompson agreed that it would
be more efficient to do that, but she advised that the added scope in the
project would add to the cost.
Commissioner Schifano pointed out
that appraisals for properties would only go up following the intersection
improvements. He said he would like to
at least see a ballpark figure for how much the extension of improvements would
be.
Mrs. Sudano said her department
would get together some information for the next meeting when staff would be
requesting endorsement of the current plan as is with perhaps some minor
modifications so that the project can stay on schedule.
Commissioner VanFossen suggested and
the Board agreed that design could be done for both sides of Holly Springs Road
widening all the way to Bass Lake Road.
No Action taken. This item will appear on the Aug. 20 agenda
for action.
7c. Water Conservation Ordinance 02-11 - Mrs. Sudano said that her
department is receiving feedback from residents that have called it to her
attention that the Town’s irrigation restrictions are more restrictive than
other restrictions in surrounding communities.
The Town’s ordinance sets a limit on the time of day that residents are
allowed to irrigate. Other communities
(Raleigh, Cary, and Apex to name a few) only restrict days, not hours of
use. After investigation of this matter,
staff recommends that the Town Board modify the restrictions in place for Holly
Springs residents to eliminate the hour limitations.
Mrs. Sudano added that since 1998
when the original ordinance was adopted, several modifications to the
irrigation schedule have been made by the Town Board through adoption of
various resolutions, depending upon the water supply conditions in any given
year. It is recommended that all the
changes that have been made to the schedule, including the proposed elimination
of hour limitations, be incorporated into a new ordinance that would amend the
original.
Action: The Board approved a motion to
adopt Ordinance 02-11 to amend Section 5-1024.2 of the Town’s Water Shortage
and Conservation regulations, modifying the irrigation schedule.
Motion By: Schifano
Second By: VanFossen
Vote: Unanimous
A copy of Ordinance 02-11 is
incorporated into these minutes as addendum pages.
7d. Construction
Bids for Womble Park Scorer’s Tower/Comfort Station- Mr. Bradley said that the Town had
advertised this project three times in an effort to get the 2,600 square foot
building project to the $200,000 range.
Bids each time came in much higher than anticipated. Staff then took the building plans and made
modification in the building materials in order to get the pricetag
reduced. Mr. Bradley noted that the
original metal roof in the specs was replaced with a shingle roof; heating,
ventilation and air conditioning was eliminated on the second floor and in the
restrooms; the grade of window was changed; and the storm shutters were
eliminated to get cost down.
In this third round of bidding, Mr.
Bradley said, the Town received two bids for the construction of the Womble
Park Scorer’s Tower/Comfort Station. He
said the two bids received were from Polovick Construction Co. in the amount of
$258,000 and Sparrow Construction Co. in the amount of $268,615. Since that time, the low bidder has reduced
his price to $243,000.
Mr. Bradley said the Town has
budgeted between $35,000 and $40,000 in this year’s budget and plans to
appropriate the remaining $200,000 out of the impact fee fund for the
project. He said he would continue to
attempt to reduce the cost through the donation of materials and raising funds
by selling the naming rights to the four ballfields.
Commissioner Tedder said he would
like to see the original plans and how they were changed before approving the
construction project.
Commissioner Atwell pointed out that
the Town Board had already approved those plans in the past, but Commissioner
Tedder said it had been a long time.
Action: The Board considered a motion to
award the construction bid for the Womble Park Scorer’s Tower and Comfort
Station to Polovick Construction Co. with a bid of $243,000, appropriating
approximately $200,000 from park impact fees and the remaining from budgeted
funds.
Motion By: Dickson
Second By: Atwell
In discussion, Commissioner
VanFossen said he also wanted to see the design plans again.
Commissoner Tedder suggested that
the plans be provided in agenda packets for action at the next meeting. He stressed he wants to see it again before
spending $250,000.
Mayor Sears called for an amendment
to the motion on the floor or a vote.
Vote: The motion did not
carry following a 3-2 vote.
Commissioners Atwell and Dickson voted for the motion. Commissioners Tedder, Schifano and VanVossen
voted against. The item will remain on
the table for consideration on Aug. 20.
7e. Relocation of Natural Gas Regulator- Mr. Dean said that over the past
month, engineering staff and he have been negotiating with Public Service
Natural Gas of North Carolina to move the gas regulator from the corner of New
Hill Road and NC 55 to another location.
The Town owns a small piece of
property on New Hill Road, which was a portion of the old railroad right of
way. Mr. Dean explained that the Town
will use approximately 22 feet of right of way for the intersection
project. The space available on this
property is extremely limited, but could handle the regulator station, he
added.
Mr. Dean said that he recommends
that the Town grant PSNC an easement on this property to relocate the
regulator. This would allow the Town to
clean up and remove the existing regulator (at the expense of the Eckerd’s
developer), upgrade the regulator, and utilize a piece of town-owned property
that otherwise has limited value.
Action: The Board approved a motion to
agree to the relocation of the PSNC natural gas regulator from its current
location to an easement to be granted by the Town on its property located on
New Hill Road and developer agreement with Eckerd for reimbursement.
Motion By: VanFossen
Second By: Schifano
Vote: Unanimous
8. 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:
Mr. Robert Pratash – Mr.
Pratash, speaking on behalf of his mother who lives at 128 S. Main Street,
asked how and when was it was his mother’s property rezoned without her knowing
about it. He asked how did the amount
of easement needed for the intersection improvement project increase from the
original amount stated. He proposed
that the intersection be cut down to three lanes instead of five lanes. He told the Board he felt a traffic
bottleneck on New Hill Road will be a problem.
He said that if the Town is going to do improvements, it should continue
it out all the way now.
He said he insists that guard rail
be installed although the roadway may not meet DOT requirements for
guardrail. He said his mother’s
property will be left with no protection from sound, lights and disturbances
during the night.
Mayor Sears said he would address
Mr. Pratash’s concerns and respond at the next meeting.
Kim Slovensky, 408 W. Elm Street – Mrs. Slovensky lives in The Oaks of Avent
Acres and she told the Board she is concerned about the potential location of a
dog park in Holly Springs Park. She
said she does not support this location because it is adjacent to residential
property, and she is concerned about the intermingling of children and dogs.
9. Other Business – Commissioner VanFossen suggested
that discretionary sign permit authority be given to members of the planning
staff to allow for certain waivers of requirements and fees, when appropriate.
Ms. Bobber said she would provide a
proposed policy/protocol to follow and would present it for the Board’s
consideration at a future meeting.
Action: The Board approved a
motion to waive the $35 sign permit fee charged to the General Federation
Women’s Club of Holly Springs for its annual arts and craft fair.
Motion By: VanFossen
Second By: Atwell
Vote: Unanimous.
10. Manager’s Reports – None
11. Closed Session -The Board approved a motion to
enter Closed Session, pursuant to G.S. 143-318.11(a)(5) to instruct town’s
staff in the negotiating for the potential acquisition of real property, and
G.S. 143-318.11(a)(3) to preserve the attorney-client privilege in holding
conference with the Town’s counsel on the subject of potential litigation.
Motion By: Atwell
Second By: VanFossen
Vote: Unanimous
General
Account, Closed Session – August 6, 2002
In Closed Session, the Town Board
heard a report on recent negotiations between the Assistant Town Manager and
the owner of property of which the Town may be interested in acquiring. The Board provided direction to staff for
negotiating in this matter.
The Board also discussed potential
litigation with a contractor. In the
contractor dispute, the town attorney recommended the Town retain a
construction law attorney with expertise in the legal arguments that would be
germane to the case. This matter is
associated with the construction of Bass Lake.
The Board then re-entered Open
Session.
Action: The Board approved a
motion to reenter Open Session.
Motion By: VanFossen
Second By: Atwell
Vote: Unanimous
– End
General Account
12. Adjournment – There being no further business
for the evening, the August 6, 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, August 20, 2002.
___________________________
Joni
Powell, CMC, Town Clerk
Addendum pages as referenced in these minutes follow and are a part of the official record.