Town of Holly Springs
Board of Commissioners Regular
Meeting
Tuesday, Sept. 17, 2002
MINUTES
The Holly Springs Town Board of
Commissioners met in regular session on Tuesday, Sept. 17, 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 7:10 p.m. A quorum
was established as the mayor and four five board members were present as the
meeting opened.
Board Members Present: Commissioners Steve Tedder, Chet VanFossen, Peter Atwell and
Hank Dickson and Mayor Sears.
Board Members Absent:: Commissioner John Schifano
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); Gina Bobber, planning director; Alysia
Bailey, planner; Drew Holland, finance director; Len Bradley, director of parks
and recreation; Cecil Parker, chief of public safety; Kendra Thompson, town
engineer; and Stephanie Sudano, director of engineering.
Others Present: Holly Springs Planning Board
members establishing a quorum for the purpose of receiving input during a joint
public hearing were Glenn Myrto, Bill Banks, Matt Johnson, Jonathan Gibbons,
David Mackey, Mike Taylor and Jeffrey Bateman.
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.
At this time, Mayor Sears introduced
Mr. Mike Ryan and Mr. Jason Cherry of Devil’s Ridge Golf Club for a special
presentation not listed on the night’s agenda.
Mr. Ryan explained that Devil’s Ridge played host on Sept. 11, 2002 to
area law enforcement and firefighting agencies for lunch and an afternoon of
golf in appreciation for their public service.
In addition, Mr. Ryan said, Devil’s Ridge and Club Corp USA also wanted
to express further appreciation to the Holly Springs Department of Public
Safety with a monetary contribution in the amount of $330. Mr. Ryan presented the check to Holly Springs
Chief of Public Safety Cecil Parker, who said the funds would be used for the
new School Resource Officer program.
4.
Agenda Adjustment – The Sept. 17, 2002 meeting agenda was adopted with changes, if any,
as listed below.
Motion
By: Dickson
Second
By: Atwell
Vote:
Unanimous.
Items
Added to Agenda: None.
Consent
Agenda Items Removed: Item No. 6a. regarding the withdrawal of 02-MAS-05,
Newbury Park subdivision, was removed at the request of the developer, who
indicates that the company does not wish to withdraw its pending subdivision
site plan.
Other
Changes: None.
5a.
Public Hearing: Ordinance 02-12 (02-ZOA-06); Waivers – Ms. Bobber explained that the
proposed ordinance would effect a Zoning Ordinance amendment to further extend
a “bridge” between the Town’s current zoning regulations and those proposed in
the draft Unified Development Ordinance.
She reported that the Town has been receiving many contacts for proposed
development within the Town but that, after reviewing the proposed UDO regulations,
most developers and engineers have expressed an interest in utilizing the
“design-based” regulations of the UDO as opposed to the “regulatory”
requirements of the current ordinance.
The
proposed amendment would allow for developers and design professionals to use
various elements that are proposed within the UDO prior to the ordinance
actually being in effect, pending approval of the Town Board, Ms. Bobber
said. She added that the Planning Board
had reviewed the proposed ordinance amendment and recommends approval.
With
that explanation completed, Mayor Sears opened the public hearing. The following comments were recorded: None.
There
being no comments, the public hearing was closed.
Action:
The Board approved a motion to adopt Ordinance 02-12 (02-ZOA-06) adding Section
9-4042.8, Waivers, to the Town of Holly Springs Town Code.
Motion
By: VanFossen
Second
By: Atwell
Vote:
Unanimous
A
copy of Ordinance 02-12 is incorporated into these minutes as addendum pages.
5b. Public Hearing: Rezoning Petition
02-REZ-05, Ridgeston Townhomes – Ms. Bailey explained that the Town had received a
petition for rezoning of 5.20 acres located south of Arbor Creek and east of NC
55. This previously landlocked piece of
property, Ms. Bailey said, will now have the opportunity to gain access through
the Windcrest Planned Unit Development.
The
applicant requests that the subject property be rezoned from Traditional
Neighborhood to R-10 Single or Multi-Family Residential District. Ms. Bailey reported that the R-10 zoning
district would be appropriate for this property. Additionally, rezoning would make the property more compatible
with the surrounding zoning and approved developments, she said.
Ms.
Bailey reported that the Planning Board had reviewed the petition and
recommends approval.
With that explanation completed,
Mayor Sears opened the public hearing.
The following comments were recorded: None.
There
being no comments, the public hearing was closed.
Action:
The Board approved a motion to approve Rezoning Petition 02-REZ-05 to change
the zoning of 5.20 acres (part of PIN 0659.01-08-2287) from TN: Traditional
Neighborhood to R-10: Single- or Multi-Family Residential as submitted by
Spaulding and Norris, P.A.
Motion
By: Tedder
Second
By: Dickson
Vote:
Unanimous
5c.
Public Hearing: Rezoning Petition 02-REZ-09, 536 Country Lane – Ms. Bailey explained that the
Town had received a petition requesting the rezoning of .94 acres located west
of Avent Ferry Road off of Country Lane inside the Country Lane Subdivision. The request, she said, is to change the
zoning of the property from R-15: Residential Subdivision to R-10: Single- or
Multi-Family Residential.
Ms.
Bailey reported that the proposed rezoning is consistent with the 10-Year
Comprehensive Growth Plan, which has this area designated for moderate density
residential development. However, Ms.
Bailey pointed out, the proposed rezoning request would appear to be “spot
zoning” due to the fact that it is a small piece of land surrounded by lots
zoned R-15: Residential. Despite their
zoning designation, the surrounding residential lots correspond with the lot
design standards for the R-10: Single- and Multi-Family Residential District
more so than the R-15 as they are currently zoned.
Nonetheless,
staff is concerned about the rezoning of less than an acre to a different
zoning district than the surrounding developed properties.
The
Planning Board has reviewed the petition and recommends approval. Staff, however, recommends denial of the
request due to the thought that such action may be considered spot zoning.
With
that explanation completed, Mayor Sears opened the public hearing. The Town Clerk called the Board’s attention
to an email submitted by a resident who is opposed to the rezoning. Each of the Board Members had received the
email, a copy of which is incorporated into these minutes as an addendum page.
The
following additional comments were recorded during the hearing:
Don
Mizelle, representing the applicant – Mr. Mizelle spoke in favor of the rezoning. He agreed that from a “paper standpoint,”
the rezoning of this parcel of land from R-15 to R-10 when surrounding property
is zoned R-15 would appear to be spot zoning in normal circumstances. He pointed out, however, that the
surrounding property is not developed to the R-15 zoning standards are many
parcels are actually non-conforming to the R-15 zone. The properties, however, are developed to the R-10 zoning
district standards.
He
said, in this instance, it would be appropriate to rezone the subject property
to R-10 as requested and then to actually consider rezoning the other lots in
Country Lane to R-10 as well so that would be conforming properties.
There
being no further comments, the public hearing was closed.
In
discussion, the Board discussed why the other properties in Country Lane were
developed to R-10 standards when they were zoned R-15. Ms. Bobber explained that the development of
Country Lane Subdivision pre-dates her and that she could find no records to
indicate how this came about.
Action:
The Board approved a motion to approve Rezoning Petition 02-REZ-09 to change
the zoning of .94 acres from R-15: Residential Subdivision to R-10: Single- and
Multi-Family Residential as submitted by Stafford Land Company.
Motion
By: VanFossen
Second
By: Tedder
Vote:
2-2. Commissioners VanFossen and Tedder
voted for the motion. Commissioners
Atwell and Dickson voted against. Mayor
Sears broke the 2-2 tie by voted for the motion.
5d. Public Hearing: Special Use
Permit Application 02-SUP-02, Ridgeston Townhomes – Ms. Bailey explained that the
proposed Ridgeston Townhomes development consists of 39 townhome units on an
approximately 5-acre site. The property
is located south of Arbor Creek and east of NC 55, and is proposing to gain its
access using one of the main road arteries in the approved Windcrest Planned
Unit Development.
She
noted that the Town’s Zoning Ordinance has specific requirements for townhomes
as a Special Use in R-10 zoning. One of
those requirements is that a 50-foot perimeter buffer be provided; however,
this project has obtained a variance from the Board of Adjustment (02-VAR-11:
Approved July 9, 2002) to reduce that perimeter buffer to a 20-foot perimeter
buffer with opaque screening. There is
an indication on the landscape plan that foundation plantings would be placed
around the perimeter of each building.
The
applicant has provided a set of very schematic elevations, Ms. Bailey said,
adding that the developers currently do not know what type of design would be
used for the townhomes.
The
applicant has indicated that it would not be utilizing the Town’s waste pick-up
services. Waste would be picked up by a
private company. The plans indicated
that the trash Dumpsters would be screened with a brick enclosure; however, it
is recommended that the Dumpsters be designed to match the elevations of the
buildings when that design is finalized.
Although
access for this site would be extended off a street proposed in the Windcrest
PUD, Ms. Bailey said approval of the Ridgeston plan would not grant access to
this property. The Town would in no way
be responsible for the schedule of the Windcrest development or the access to
the site.
Ms.
Bailey said the Planning Board had reviewed the application and recommends
approval with conditions.
With
that explanation completed, Mayor Sears opened the public hearing to accept
sworn testimony and qualified evidence in the matter of Special Use Permit
Application 02-SUP-02. The following
witnesses, under oath administered by the Town Clerk, testified:
Tom
Spaulding representing Jewel Stephens – Mr. Spaulding testified that
because of the draw of this particular plat of land, the only reasonable use
for the property is as proposed.
Commissioner
VanFossen asked if any provisions are being planned to provide for greenway
trail along the creek running through the property.
Mr.
Spaulding said staff did not request greenway trail, but that it would not be a
problem.
Commissioner
VanFossen asked why staff had not requested the provision. Mr. Bradley explained that greenway would be
located just across the opposite bank of the creek, pursuant to the development
plan for the property adjacent to the subject property.
Commissioner
VanFossen agreed that this would probably be adequate.
Glen
Myrto, 405 W. Ballentine Street – Mr. Myrto testified that he felt that
greenway should be provided on the subject property side of the creek, at least
in the form of easement.
Commissioner
Tedder asked Ms. Bailey why the Board of Adjustment granted a reduction in
buffer for the property. Ms. Bailey
said that riparian buffers required on the property would be adequate and that
the Windcrest Planned Unit Development that backs up to the property would have
its own buffer as well. Together, the
resulting buffer between land uses would be more than 50 feet.
Commissioner
asked about interconnectivity of streets in the proposed townhome development.
Mrs.
Sudano said that the street connection suggested by Commissioner Atwell would
cross wetlands. She said that what the
application and site plan propose is actually a better solution.
There
being no further witnesses, 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 five specific conditions:
1. Minimum lot area, width and lot coverage
requirements shall be as indicated in Section 9.4037.2 of the Zoning Ordinance.
The
Board found that the application and site plan satisfy this condition.
2. The yard requirements around the perimeter
of townhouse projects with more than two attached townhouses shall be increased
to fifty (50) feet.
The
Board found that the site plan illustrates that adequate buffering will be
provided, pursuant to a Zoning Ordinance variance granted July 9, 2002 by the
Board of Adjustment reducing the required perimeter buffer to 20 feet of opaque
screening.
. 3. Townhouses shall meet the requirements of
the Subdivision Regulations of the Town of Holly Springs, North Carolina,
including the requirements for dedication of park, recreation and open space
land.
The
Board found that the application satisfies this condition.
4. The minimum number of townhomes attached to
each other shall be two (2) and the maximum shall be eight (8).
The
Board found that the application satisfies this condition.
5. Any common areas and common open space shall
be deeded to a homeowners’ association which meets the requirements of Section
9-3058.2 of the Subdivision Regulations of the Town of Holly Springs, North
Carolina.
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‑02 and its
related site plan satisfy the specific conditions.
Motion
By: VanFossen
Second
By: Atwell
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‑02 and its related site plan satisfy the six
general conditions relating to all special uses.
Motion
By: VanFossen
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‑02 for Ridgeston Townhomes, as
submitted by Spaulding & Norris, PA, Project Number 360-02, dated Revised
4/29/02 and the related Preliminary Plan 02-MAS‑07 with the following
eight (8) conditions:
1. The Dumpsters must be installed before the
first Certificate of Occupancy is issued.
2. Construction drawings must be submitted and
approved prior to beginning construction.
3. A fee-in-lieu-of land dedication will be
required at the rate of $750 per unit.
4. The trash Dumpster screening is to match the
materials and design of the townhouses.
5. The Town is not responsible for providing
access to this property. The developer
will be required to obtain access to this site.
6. If the proposed elevations for the buildings
are modified, they must be submitted for review and approval by the Planning
Board and the Town Board.
7. The following items are to be included on
construction drawings (later in the approval process):
•
Complete
flood study for this project must be submitted with first construction drawing
submittal and the developer should contact Derek Baker of the Engineering
Department to set up a meeting to discuss the scope of the study before it is
prepared.
•
Possible
fee-in-lieu participation for Middle Creek Bridge may be required.
•
Fee-in-lieu
for downstream Middle Creek pump station upgrade will be required.
8. A dedicated greenway easement must be
provided by the developer.
Motion
By: VanFossen
Second
By: Atwell
Vote:
Unanimous
Copies
of the application and site plan as submitted as evidence are incorporated into
these minutes as addendum pages and are a part of the sworn record.
5e.
Joint Public Hearing: 98-PUD-01-A01: Amendment to Sunset Ridge North PUD
– Ms. Bobber
explained that the developer of Sunset Ridge North is proposing to modify the
proposed land use designation for 15 acres to the west of the Jones Building as
specified on the Sunset Ridge North master plan. The master plan currently calls for this portion to be commercial
with up to 2.5 units per acre in residential.
However, this phase of the PUD was approved for 70 lots maximum, and all
70 lots already have been developed.
The
developer would now like to reduce the 15 acres of commercial to only a few
acres with the remaining acreage designated for townhomes and “Village” style
single-family lots at a density of 5 units per acre.
Staff
does not have the authority to grant administrative PUD amendments to change
the land use designation on a mater plan or increase the maximum number of lots
or density; therefore, this proposed amendment is required to go through the
full Planned Unit Development review procedure, Ms. Bobber advised.
With
that explanation completed, Mayor Sears opened the joint public hearing to
receive input before the Planning Board and the Town Board on the proposed PUD
amendment. The following comments were
recorded:
Jim
Earnhardt – Mr. Earnhardt provided some background for this request. He said the property originally was slated
for commercial development; however, it has been determined that the location
of the property is probably not marketable for commercial use. He said the developer feels that the
property needs to be developed in someway, however, to provide the connection
from Kingsport Road to Holly Springs Road.
There
being no further comments, the joint public hearing was closed.
Action:
The Board approved a motion to forward the proposed Sunset Ridge North PUD
Amendment 98-PUD-01-A01 to the Planning Board for its review and
recommendation.
Motion
By: Tedder
Second
By: Dickson
Vote:
Unanimous
6.
Consent Agenda
– All remaining items on the Consent Agenda were approved following a motion by
Commissioner Dickson a second by Commissioner Atwell and a unanimous vote. The following actions were affected:
6a. 02-MAS-05, Newbury Park - This item was removed during agenda
adjustment.
6b. Resolution 02-R-28 - Resolution 02-R-28 directing the
Town Clerk to investigate the sufficiency of annexation petition A02-05 and
fixing a public hearing date of Oct. 1, 2002 was adopted. A copy of the Resolution 02-R-28 is
incorporated into these minutes as addendum pages.
6c. Minutes. - Minutes of the Board’s regular meetings held on
Aug. 20 and Sept. 3, 2002 were approved.
7a.
Bass Lake Road Signal – Mrs. Thompson explained that current development that has
taken place and continues to take place at the intersection of Bass Lake Road
and Holly Springs Road will be generating enough traffic to warrant the
installation of a traffic signal. The
future design and realignment of Bass Lake Road will increase the number of
approaching lanes at the intersection, she added.
In
order to design a signal, she said, phasing has to be designed, and
coordination with the North Carolina Department of Transportation has to be
initiated. The Engineering Department
has established an extremely aggressive schedule for this project, and the
experienced firm of Kimley-Horn and Associates has committed to providing any
and all information to the Town and NCDOT in a timely manner, Mrs. Thompson
said.
Action:
The Board approved a motion to approve a proposal from Kimley-Horn and Associates
in the amount of $29,000 for professional design services of a traffic signal
at the intersection of Bass Lake Road and Holly Springs Road with funding
provided from the Town’s Street Reserve Fund.
Motion
By: Tedder
Second
By: Atwell
Vote:
Unanimous
A
copy of the Kimley-Horn and Associates proposal is incorporated into these
minutes as addendum pages.
7b.
Resolution 02-29: Irrigation Restrictions – Mrs. Sudano explained that the end
of the Town’s annual Water Conservation Season for this year is approaching. Normally, the Town lifts those irrigation
restricts as of Sept. 30.
In
light of continuing drought and water shortages being experienced by all
communities in this area who share water sources, however, staff recommends
continuing the restrictions indefinitely.
Action:
The Board approved a motion to adopt Resolution 02-29 extending the Town’s
annual Water Conservation Season indefinitely, during which time water
customers will be required to observe irrigation restrictions until such time
as the Town Board deems it appropriate to lift those restrictions.
Motion
By: Tedder
Second
By: VanFossen
Vote:
Unanimous
A
copy of Resolution 02-29 is incorporated into these minutes as an addendum
page.
7c.
Gable Ridge Lane – Mrs. Sudano explained that Town staff has been requested by different
residents in the vicinity of this roadway connection to both (1) enforce a
condition of approval for Sunset Ridge Phase 11 that related to keeping the
roadway connection closed until construction was near completion, and (2) to
open the roadway to access for new residents living in the new Phase 11 section
of the development.
Since
keeping Gable Ridge closed was a condition of plan approval and is being
enforced as such during the construction stage of the project, it would take
Board action to remove the condition of approval, Mrs. Sudano said. Accordingly, some of the residents have
requested that this subject be brought up before the Board for consideration.
Staff
recommends that the condition of approval (April 3, 2001) be amended to state
that the connection should be opened, yet clearly identified by the developer
as not permitting construction traffic (builders, trades, etc. working on house
construction and/or infrastructure) and that the developer shall set up another
marked entrance for construction traffic and shall be responsible to enforce
the condition as much as possible.
In
discussion, the Board talked about how to define construction traffic and then
how to enforce the prohibition of construction traffic on the roadway. It was determined that the roadway should be
open to local traffic, but that the intent of the Board is to minimize
construction traffic. A separate
construction entrance is available off Holly Springs Road.
Mrs.
Sudano recommended that the onus of enforcement and marking the street as being
closed to construction traffic should be on the developer, and the Board
agreed.
Action:
The Board approved a motion to modify a condition of its April 3, 2001 approval
of the preliminary plan for Sunset Ridge Phase 11 to state that the
northern-most connection to Gable Ridge Lane will remain closed to
construction traffic until 80% of the homes in this phase have received
a Certificate of Occupancy.
Motion
By: VanFossen
Second
By: Tedder
Vote:
Unanimous
7d.
Finisterra Developer Agreement – Mrs. Sudano explained to the Board that another group of
developers have expressed interest in taking on the Finisterra golf community
project with the same terms that were approved by the Town Board in a developer
agreement in December 2000 (the agreement was never fully executed by the
development group involved at that time).
During
initial meetings with this new group of developers, the December 2000 version
of the agreement was used as a base for discussions; however, at one point, the
developer presented a draft revised document to the Town, which included some
amended terms.
The
developer intends to modify the approved Finisterra PUD plan that is currently
on file with the Town. For this reason,
the Town Manager and staff have advised the developer that a new comprehensive
developer agreement cannot be finalized and entered into by the Town until the
revised PUD plan is ready to approve concurrently with the new developer
agreement.
The
developer, however, requests that action be taken by the Town Board to assure
the development group of the Town’s intent to enter into an agreement with them
with terms similar to those outlined in the original draft and subsequent draft
versions. The developer desires
approval in principle with the terms of a “Preliminary Developer Agreement”
prior to proceeding with development plans.
In
discussion, Mrs. Sudano explained that the developer and the Town would be
agreeing to work together to develop a full developer agreement with the intent
of the original document. Both parties,
she said, would work toward the final version, and the developer would modify
the PUD plan for submittal within six months.
She added that this action would provide the Town the opportunity to
make grant application for the wastewater reuse grant.
Action:
The Board approved a motion to approve in principle the terms set out in the
“Preliminary Developer Agreement” related to the Finisterra Planned Unit
Development.
Motion
By: Tedder
Second
By: VanFossen
Vote:
Unanimous
A
copy of the Finisterra Preliminary Developer Agreement containing these terms
is incorporated into these minutes as addendum pages.
7e.
Eckerd Payment-in-Lieu of Road Widening – Mrs. Sudano reported that when the
Town Board approved the Eckerd site plan, it was with the condition that road
improvements be installed with the development of the site. Since that time, the Town has embarked upon
an intersection improvements project that will incorporate those improvements. At the Town Board’s direction, staff has
worked with the developer on these arrangements, resulting in a payment in lieu
estimate of $65,154.50, Mrs. Sudano said, adding, that the amount is subject to
increase if costs associated with the improvements related to the Eckerd site
increase.
She
asked for the Board’s approval of this amount.
Action:
The Board approved a motion to approve $65,154.50 as the amount of the payment
in lieu of road widening for Eckerd Drug Co., to be due at construction drawing
approval and placement of the funds into the Town’s intersection project
account.
Motion
By: VanFossen
Second
By: Atwell
Vote:
Unanimous
7f.
Walgreens Payment-in-Lieu of Road Widening – Mrs. Sudano explained that when
the Town Board approved the Walgreen’s site plan, it was with the condition
that a pyament in lieu would be provided by Walgreen’s to the Town for required
off-site road improvements. The Town
has incorporated those improvements into its NC55 / Holly Springs Road
Intersection Project, as directed by the Town Board.
Since
the referenced decision of the Town Board, NCDOT has added a requirement to the
Walgreen’s plan for an additional left turn lane to be constructed along New
Hill Road, which the developer has also requested be incorporated into the
Town’s plans, for which the developer would make a payment in lieu.
Staff
is working with the developer’s engineer to insure that the turn lane could be
accomplished by the Town in time to satisfy NCDOT’s requirement.
Assuming
that NCDOT will permit both components of the off-site improvements to take
place on the schedule that the Town’s intersection improvements will happen,
Mrs. Sudano said, the developer’s payment in lieu is proposed to total $83,000
(original estimate) pluse $27,000 (staff’s estimated cost of the new left turn
lane), for a total of $110,000, subject to an increase if construction costs of
the improvements that are the responsibility of Walgreen’s increases.
Action:
The Board approved a motion to approve the amount of the payment in lieu for
Walgreens, to be due at construction drawing approval, and placement of the
funds into the Town’s intersection project account.
Motion
By: VanFossen
Second
By: Dickson
Vote:
Unanimous
7g.
Town Clerk’s Position – Mr. Dean explained that the Town Clerk had requested that
the position of Town Clerk be removed from a list of positions in the Town of
Holly Springs Personnel Policy section on the employment of relatives. This request, he said, led to a general
discussion of the Town’s organizational structure and how the position of Town
Clerk has changed, especially with the addition of new positions in the last
two years.
Mr.
Dean said that if the Town Clerk position was formally moved under direct
administrative management of the Town Manager (rather than the Town Board),
then the position would be seen as similar to any other department head
reporting directly to the Manager. He
added that if the Board were to make this change in the relationship between
the Town Clerk, the Town Manager and the Town Board, then he would support the
removal of the position of Town Clerk from the “Employment of Relatives”
section of the policy. He added that
the position of Assistant Town Manager needs to be added to this section.
Mr.
Dean stressed that the Town Clerk’s position no longer has over-sight or access
to personnel files and inter-office communications on topics related to
personnel matters and that no real conflict of interest issue would exist.
He
also noted that the Town Board would retain its statutory authority to select a
Town Clerk and to dismiss the Town Clerk at any time and to assign duties to
the Town Clerk as needed. What would
change, he explained, is if the Town Board were to decide as a Board to
discontinue a Town Clerk’s service to the Board, the Town Clerk would not
necessarily loose his or her paid position with the Town as duties could be
reassigned by the Town Manager.
Action:
The Board approved a motion affirming that the Town Clerk shall work under the
direct administrative management of the Town Manager and that, since the Town
Clerk’s position is like any other department head reporting directly to the
Town Manager, the Town’s Personnel Policy is amended to remove the position of
“Town Clerk” from the positions listed in the “Employment of Relatives”
section; and that the policy should be further amended to add the position of
Assistant Town Manager to the positions listed in the “Employment of Relatives”
section..
Motion
By: VanFossen
Second
By: Dickson
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: None
9.
Other Business: Mr. Pearson reported to the Board that he recommends that the Town go
forward with Sunset Ridge pump station landscaping and fencing as promised and
complete the project, regardless if one property owner refuses to sign the
waiver of liability. He said, and the
Board agreed, that it would not be fair to penalize the remaining residents
because of the position of one, who is not particularly effected by the
project.
The
Board consensus was to go forward with landscaping and decorative fencing as
promised.
The
board discussed formulating a policy regarding the funding of committees. The issue arose from the Solid Waste
Committee’s booth fee from the September Fest event. Committee member Glen Myrto provided the $35 booth fee and
requests reimbursement.
Action:
The Board directed that the Town Manager be authorized to allocate up to $250
per committee for petty cash expenses and that expenses, whenever possible, be
given prior approval before an expenditure is made.
10.
Manager’s Reports – None.
11.
Closed Session
– None
12.
Adjournment
– There being no further business for the evening, the Sept. 17, 2002 meeting
of the Holly Springs Board of Commissioners was adjourned following a motion by
Commissioner VanFossen, a second by Commissioner Atwell and a unanimous vote.
Mayor
Sears then reconvened the meeting to discuss one other item of Other Business.
Mr.
Bradley reported that Holly Ridge Middle School has requested that the Town buy
a softball/soccer/football scoreboard.
Mr. Bradley said he has determined that the scoreboard could cost as
much as $8,500 and could be funded from park impact fees.
The
Board directed that Mr. Bradley make contact with a local industry that makes
lighted electronic signs to see if it could make a scoreboard and if it could
provide it at a better cost. Mr.
Bradley said he would investigate the options and report his findings to the
Board.
At
this time, Mayor Sears entertained another motion to adjourn, and the meeting
was closed.
Respectfully Submitted on Tuesday,
Oct. 1, 2002.
_______________________________________
Joni Powell, CMC, Town Clerk
Addendum pages as referenced in these minutes follow and are a part of the official record.