Town of Holly Springs

Board of Commissioners Regular Meeting

Tuesday, September 3, 2002

MINUTES

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, September 3, 2002 in the cafeteria of the W. E. Hunt Community Center, located at 301 Stinson Ave. Mayor Dick Sears presided, calling the meeting to order at 7 p.m. A quorum was established as the mayor and all five board members were present as the meeting opened.

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

Board Members Absent: None.

Staff Members Present: Carl G. Dean, town manager; Chuck Simmons, assistant town manager; Ernest C. Pearson, town attorney; Joni Powell, town clerk (recording the minutes); Linda Harper, deputy town clerk; Gina Bobber, director of planning and zoning; Drew Holland, finance director; Kendra Thompson, town engineer; Stephanie Sudano, director of engineering; Sergeant Robert Parrish, public safety; 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. Hal Adkins, pastor of Holly Springs Moravian Church.

4. Agenda Adjustment ‑ The September 3, 2002 meeting agenda was adopted with changes, if any, as listed below.

Motion By: VanFossen

Second By: Dickson

Vote: Unanimous.

Items Added to Agenda: An item was added to the Consent Agenda: Resolution 02-26, a revised USDA Bond resolution that is needed since the Bond was sold for less than the original amount appropriated for the Harnett County water project.

Consent Agenda Items Removed: Item 7f., 02-ZPF-09 for the United Church of Christ, was removed and added to New Business for discussion since documents required by the engineering department had not yet been submitted.

Other Changes: None.

5a. Public Hearing: Unified Development Ordinance and Zoning Map‑ Miss Bobber explained that the Town is now within the official public review and public hearing stage for the adoption of the proposed Unified Development Ordinance and Zoning Map. The hearing is to allow the public to make comments, which staff will review and make modifications to the text and/or map if appropriate.

Miss Bobber reported that a public information session was held on from 3:30 to 7 p.m. Wednesday, August 28, 2002 to allow for those interested in and/or affected by the zoning modifications to meet with staff and discuss questions or concerns. Notices were sent to the affected property owners, and a half-page advertisement was placed in two local newspapers for four (4) consecutive weeks, listing the zoning modifications and a zoning map.

Miss Bobber requested that the Town Board forward the proposed Unified Development Ordinance text and zoning map to the Planning Board for review and recommendation after the public hearing.

Miss Bobber explained that the new zoning districts proposed in the UDO will actually replace the existing zoning districts; therefore, many property owners in Holly Springs have been notified that the zoning classification of their properties would be changed.

Miss Bobber introduced Gene Valanzano of Baker and Daniels, the consultant on the UDO project. Mr. Valanzano provided an overview of what the UDO is designed to do and what some of the basic changes would be from existing Town Code.

An Executive Summary on the UDO and the accompanying draft zoning map was included in the Board’s Sept. 3 agenda packets, and they contain a great deal of information on the zoning changes and proposed regulations.

Copies of the executive summary, zoning map summary, UDO comparison and comprehensive plan impact on UDO summary are incorporated into these minutes as addendum pages.

Following Mr. Valanzano’s presentation, Miss Bobber explained the details of the proposed zoning map. She said for the most part, residential properties remain unaffected; however, there are some exceptions. All zoning conversions are outlined in the above-mentioned executive summary on the draft zoning map.

Commissioner Schifano asked what would happen if a parcel of land which was currently zoned residential and upon the adoption of the new zoning map is changed to industrial and then the property owner decides to add a deck to the existing house. With the newly adopted UDO, Commissioner Schifano asked if he was correct in assuming this would not be allowed?

Miss Bobber said yes, the homeowner would not be allowed to prolong the residential use of the property, as current regulations also state. The reasoning, she said, is so that the Town can eventually apply the highest and best uses for properties and prolonging a non-conforming use on that property is something the Town would not want to do.

She added, however, that property owners can petition for rezoning.

Miss Bobber discussed the few properties that would be converting from residential to industrial or commercial.

Commissioner Schifano said his position is that the Town should be less restrictive when it comes to residential properties.

Miss Bobber explained the process for requesting a zoning change from what the Town was proposing, and what information the Town would need from each property owner in order to make that zoning change before the final adoption of the UDO and zoning map on October 15, 2002.

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

Miss Bobber said she had requests for text amendments from Settle Dockery, Bunn and Nina Olive; a zoning map amendment request from Kurt Regensburger, Security Self Storage, Inc. and Bunn and Nina Olive.

Jimmie Richardson, 5616 Easton St. – Mr. Richardson said he was concerned about the zoning of that area because he is self employed and stores equipment at his currently zoned R-20 property. His property is being proposed for R-10.

Henderson Hinton, 5628 Easton St. – Mr. Hinton said that he was in the same situation and had the same concerns as Mr. Richardson.

Michael Richardson, 5605 Easton St. – Mr. Richardson said he is in the same position and had the same concerns.

Commissioner Schifano provided the history of Easton Acres’ R-20 zoning district. He recalled that years back, the neighborhood was zoned R-10, and property owners petitioned the Town for R-20 zoning so that no more manufactured homes would be allowed to be erected in Easton Acres, other than those that were replacement units.

The UDO would prohibit mobile homes in the R-10 zoning district and would allow them in the R-20. Changing the zoning district of Easton Acres back to R-10 would compensate Easton Acres with the same protection that was covered in the R-20 zoning.

Commissioner Schifano pointed out, and Miss Bobber confirmed, that storage is allowed in both zoning districts, but there are limitations on outdoor storage and the types of vehicles or equipment that is being stored on the property. Miss Bobber encouraged all property owners who are operating businesses from their properties or residences to register with the Town at the Planning Department for home occupation permits and proper license to come into compliance with the Town’s regulations.

The Town will give the applicants the regulations of what can be stored and what types of operations would be allowed in R-10 zoning, she added.

Mr. Hinton asked if this zoning change would effect existing mobile homes. Miss Bobber explained that it would not. If a mobile home is damaged or destroyed, the ordinance would allow the property owner up to six (6) months to replace the existing mobile home with a newer model of manufactured home or a modular or stick-built home. But, if a property owner has a vacant lot in R-10 zoning, the ordinance would not allow a mobile home to be brought in, and the owner would be required to install a modular unit or stick-built home.

Della McQueen, 5408 Sunset Lake Road – Mrs. McQueen was concerned that the property adjacent to her property was proposed to be zoned Traditional Neighborhood, and her property was proposed to be residential. She would like to request that her property be zoned Traditional Neighborhood as well.

Miss Bobber said, as a result of a public hearing, such a change could be considered.

Mr. Rayford Walton, 5204 Sunset Lake Road – Mr. Walton said that he wanted a better understanding of Neighborhood Village zoning and that he also would like the Town to consider the rezoning of his property to Neighborhood Village. Mayor Sears said that tonight is the right time to make his concerns be known to the Town in order to correctly zone the property at that intersection.

Chet VanFossen, 5104 Windance Place -- Commissioner VanFossen, speaking as a citizen on public hearing record, said that he was speaking on behalf of some potential property buyers of property at the corner of Holly Springs Road and Sunset Lake Road. Mr. VanFossen made a request that the property in the west corner be rezoned to Local Business instead of Neighborhood Village to match the other zoning districts at that intersection.

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

Action: The Board approved a motion to forward the draft Unified Development Ordinance and Zoning Map with applicable amendments to the Planning Board for review and recommendation.

Motion By: Schifano

Second By: Atwell

Vote: Unanimous

6. Special Presentation - “Always Remember 9-11 Day” -  Mayor Sears read a proclamation declaring September 11^th as “Always Remember 9-11 Day.” Mayor Sears presented the proclamation to Holly Springs Chief of Public Safety Cecil Parker in token and honor of those in law enforcement, fire service and emergency medical response who responded to the terrorist attack scene. Mayor Sears announced that the proclamation will be presented to Chief Parker again during a luncheon on Sept. 11 at Devil’s Ridge.

7. 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:

7a. Budget Amendments – The board adopted two budget amendments to the FY 2002-03 budget to transfer funds from the Harnett County water capacity project to the 1 mgd tank project. A copy of the budget amendments are incorporated into these minutes as addendum pages.

7b. Budget Amendment, $5,502 – The board adopted a budget amendment to the FY 2002-03 budget in the amount of $5,502 to receive insurance proceeds to cover repair cost to a pump station. A copy of the budget amendment is incorporated into these minutes as an addendum page.

7c. Budget Amendment, $189,000 - The board adopted a budget amendment to the FY 2002-03 budget in the amount of $189,000 to transfer funds from the Parks and Recreation Reserve Fund to the scorer’s tower/comfort station construction project. A copy of the budget amendment is incorporated into these minutes as an addendum page.

7d. Budget Amendment, $3,800,000 - The board adopted a budget amendment to the FY 2002-03 budget in the amount of $3,800,000 to create a new town hall construction project fund. A copy of the budget amendment is incorporated into these minutes as an addendum page.

7e. Budget Amendments, FY 2001-02 - The board adopted seven budget amendments to the prior year FY 2001-02 budget to close out projects and transfer funds for ongoing projects. A copy of these budget amendments are incorporated into these minutes as addendum pages.

7f. 02-ZPF-09 - Removed during Agenda Adjustment.

7g. 02-ZPF-11 – The Board approved site plan/zoning permit 02‑ZPF‑11, for Wilco-Hess convenience store and car wash.

7h. 02-ZPF12 - The Board approve site plan/zoning permit 02-ZPF-12, to renovate existing clubhouse for Devil’s Ridge Country Club.

7i. Special Meeting - The Board set a special meeting of the Holly Springs Town Board to be held at 5:30 p.m. Tuesday, September 17, 2002 in the cafeteria of the W. E. Community Center, 301 Stinson Ave., to discuss the Town’s transportation needs and funding options.

7j. Resolution 02-R-26 - The Board adopted Resolution 02-R-26, a USDA Bond Loan Resolution in the amount of $5,250,000 to amend an original bond loan resolution dated April 18, 2000 for the Harnett County water project. A copy of Resolution 02-R-26 is incorporated into these minutes as addendum pages.

8a. Public Safety Space Programming agreement with Little and Associates - Chief Parker explained to the Board that his department is rapidly growing, and he gave a brief history of the two buildings that public safety and fire department are currently occupying. At the current location, the Chief said, the departments are running out of space. He said he is also having to deal with maintaining Code compliance in the renovated old residential building.

He explained that Little and Associates, the architect for the Town Hall project, has submitted a proposal to perform a space programming analysis for the Public Safety Department. Chief Parker said that this analysis would cover the current, near future and far future space needs of all personnel within the Public Safety Department, including the police, fire, rescue and telecommunications divisions. Cost of the service is $4,000.

Brian Simpson of Little and Associates said that in efforts to develop a plan for addressing the long-term needs of the Public Safety personnel and operations, one of the first steps is to determine the immediate and anticipated future needs of that department. A similar analysis was performed prior to the eventual design of the new Town Hall, and its findings in large part influenced the size and layout of that facility, he said.

Motion: The Board approved a motion to accept the Public Safety Department space programming proposal as submitted by Little and Associates at a cost $4,000.

Motion By: Tedder

Second By: Dickson

Vote: Unanimous

A copy of the Little and Associates proposal is incorporated into these minutes as addendum pages.

8b. Subsurface Exploration, Budget Amendment - Mrs. Thompson said that at the intersection of NC 55/ Holly Springs Road, the proposed road widening encroaches on the existing Texaco Station property. The right of way will be acquired for construction of the intersection project, thus driving the proposed right of way line closer to the underground gasoline storage tanks on the property. Currently, the property owner only has a rough schematic of the tanks location. In order for the Town to proceed, the exact location (horizontal and vertical), as well as the condition of the surrounding soil, and information on any potential contamination needs to be explored, Mrs. Thompson explained.

She said that the subject proposal is set up to limit the amount of investigative work as directed by the Town as preliminary results are obtained. Mrs. Thompson said that the proposal will be funded by the street reserve fund.

The scope of the Qore Property Sciences Company of Apex will be to review the NCDNER records and details pertaining to past violations; to locate the underground storage tanks and provide a scaled drawing of the area depicting tank size and location; and if the conditions of soil are questionable, then a hand-augered sample will be taken and tested; and a summary report would be prepared documenting the findings of the field and laboratory analyses.

Mrs. Thompson said she recommends that the Board approve the budget amendment needed for the study and to accept the Qore Property Sciences Company proposal in the amount of $1,500. In addition, she said, staff recommends that the Town Board provide an additional $1,000 in contract contingency, to be utilized if additional investigative information is needed.

Commissioner VanFossen asked who would be responsible for clean-up and for payment for removing contaminated soils.

Mrs. Sudano said the Town would have to dispose of excavated contaminated soils, but would report the source to DENR for action.

Commissioner Schifano said he felt the property owner should share in the cost of locating the tanks if further expense is required.

Action: The Board approved a motion to accept the Qore Property Sciences Company proposal for subsurface exploration in the amount of $1,500 (plus $1,000 in contract contingency in the event additional investigation information is needed) and adopted the associated budget amendment to the FY 2002-03 budget to fund the work from the street reserve fund.

Motion By: Tedder

Second By: Atwell

Vote: Unanimous

A copy of the Qore Property Sciences Company proposal is incorporated into these minutes as addendum pages. A copy of the budget amendment in the amount of $2,500 is incorporated into these minutes as an addendum page.

8c. Bible Way Right of Way Appraisal - Mrs. Thompson reported that as a result of a previous Town Board meeting, the Engineering Department was authorized to move forward with right‑of‑way acquisition on Bible Way Court, including condemnation of the rights of way as/if necessary. Mrs. Thompson explained that the first round of offers for right of way acquisitions was based upon credits against water and sewer connection fees, similar to the other properties in the surrounding Fair Share area. In addition, a nearby developer made some other offers.

The Town Board gave direction to town staff to continue the acquisition process, and that first step is to secure representative appraisals for the properties in this area (along Bible Way Court). Mrs. Thompson reviewed with the Board the proposal and a map for the representative appraisal work to be accomplished. The appraiser estimates completion of the appraisals in early October. Four properties have been selected for appraising ‑ three with existing homes, and one vacant piece of property. From these appraisals, right of way will be solicited from eight parcels of property.

Mrs. Thompson said that staff recommends the Town Board accept a proposal from Paul B. Bunn, Inc. in the amount of $4,500.00 for the appraisal of four properties on Bible Way Court with funding from the current budget professional services.

Action: The Board approved a motion to accept the proposal of Paul B. Bunn, Inc. of Wake Forest in the amount of $4,500 for the appraisal of four (4) properties on Bible Way Court.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

A copy of the Paul B. Bunn Inc. proposal is incorporated into these minutes as an addendum page.

8d. NCDOT Intersection Agreement - Mrs. Sudano explained to the Board that NCDOT has agreed to contribute to the Town's Holly Springs Road/NC55 Intersection project in the amount of $150,000. Mrs. Sudano summarized the municipal agreement which is a standard form agreement setting forth very specific conditions of the NCDOT funding for this project. Mrs. Sudano said that the contribution shall be made as a reimbursement after completion and acceptance of the project by the NCDOT.

Mrs. Sudano said she recommended approval of the agreement.

Action: The Board approved a motion to enter a municipal agreement with the North Carolina Department of Transportation to accept $150,000 in reimbursement funding assistance for the intersection improvements at NC55 and Holly Springs Road.

Motion By: Tedder

Second By: VanFossen

Vote: Unanimous

A copy of the municipal agreement with NCDOT is incorporated into these minutes as addendum pages.

8e. Church of Christ, 02-ZPF-09 – Mrs. Sudano explained that she requested that this site plan be removed from the Consent Agenda since one of the conditions of recommended approval had not yet been met. Mrs. Sudano said that a staff review comment required that documentation on road improvements be submitted prior to Friday, Aug. 30 for the plan to continue in the process. Mrs. Sudano reported she did not receive documents prior to Board meeting and that there is some ambiguity in the scope of road improvements.

Mrs. Sudano said that the petitioner is requesting a delay in road improvements until December 2006. Normally, Mrs. Sudano said, the Town Board likes to understand the specific road improvements that are being required, which specific road improvements are being requested to be delayed and how much are the estimated cost of road improvements.

She said her department is unable to provide this information since documentation from the applicant was not provided prior to the Town Board meeting, as requested. She added that she has set up a meeting for the coming week with the project engineer to get that level of data for the Board. She said if the Board would like to continue and take action on this item, she would recommend that the Town Board add as a condition of its approval that Town staff would not sign-off on the site plan until the engineer provides the requested information within the next two weeks.

Larry Moore, a church trustee and project contact for the Holly Springs United Church of Christ addressed the Board, explaining that the Church desires that the Town Board act on this item. He said a break down in communication and the holiday contributed to his engineer’s not getting the information in to the Town as requested.

Commissioner VanFossen asked Mr. Moore why the church is requesting a delay in the road improvements until 2006.

Mr. Moore said that there were other unexpected financial considerations that have put a hardship on the church.

Commissioner VanFossen asked if he felt the road improvements would not make traffic flow better.

Mr. Moore indicated that the road ends into property, so it would not affect traffic flow to delay the improvements. He said that the proposed widening along Third Street from the Post Office to the entrance of the church site would be constructed.

Mrs. Sudano explained to the Board the request is for a delay in all the widening, curb and guttering and sidewalk along the property frontage, and that paving in front of the entire property is at issue.

Comissioner Schifano said he understands that the entire road project would be burdensome, so he’d be in favor of approving the site plan with a realistic phasing schedule for the road improvements. Commissioner VanFossen was in agreement with the phasing of the road improvement schedule and saw no need to continue Third Street all the way through to Oakhall until that property was developed. As long as right-of-way has been dedicated to the town for improvements, he said, phasing would be acceptable.

It was defined that Phase One of the road improvements would be the road and sidewalk project from the Post Office property west to up to and including the church’s access at Blalock Street. Phase Two would be all the other roadway and sidewalk improvements (west of Blalock Street).

Action: The Board approved a motion to approve zoning permit 02-ZPF-09, United Church of Christ, with applicable conditions recommended by the Planning Board plus two additional conditions that the petitioner submit and secure the necessary documentation of the road improvements project; that bonding of road improvements to be included in Phase One (improvements in front of the church, including the access at Blalock Street) be provided and that construction of Phase One be completed within one year of issuance of a Certificate of Occupancy; and that Phase Two of the remaining road improvements (west of Blalock Street) be bonded to be completed by December 31, 2006, which can be extended if needed.

Motion By: VanFossen

Second By: Tedder

Vote: Unanimous

9. Public Comment – At this time, an opportunity was provided for members of the audience who had registered to speak to address the Board on any variety of topics not listed on the night’s agenda. The following citizens were heard:

Doug Brown, 5412 Leopard’s Bane Ct. – Mr. Brown addressed the Board on the issue of charges of irrigation meters. He said he also was concerned because for those who do not have a second water meter, there was not provisions for adjustments for the sewer charges during irrigation season. He said the town could use the data to average use and make adjustments based on the monthly average customer usage. He asked the Board to consider reviewing or rewriting the water policy in the future.

10. Other Business – Mr. Pearson reported that the Town has filed suit against residents who have refused to connect to Town water services and cap their wells in the St. Mary’s Community. He said other suits may follow.

Mr. Pearson reported to the Board regarding a purchase contract addendum on the Tunstall property. He said the addendum adds the legal description for the railroad right of way.

The Town Attorney then reported to the Board on the release and waiver of liability memo issued to residents involved in the Sunset Ridge pump station project. He said the residents responded that they wanted some changes:

1. They said they want verbage added that they have to be satisfied with the installation of improvements.

The Town Attorney recommended that the wording be, “Installed according to plans and specifications.”

2. If any vegetation dies, it must be replaced.

The Town Attorney recommended that the wording be used.

3. The residents will waive aesthetic value, but specifically do not want to waive other type of property damage, due to future unforeseen malfunction or operation of the pump station.

The Town Attorney said this seems reasonable.

Mr. Mix indicated that all but one property will sign the release, Mr. Pearson said.

Mr. Pearson said he would recommended that the Town proceed, despite the one hold-out, because this property owner is not directly impacted by the project and may be selling his property.

Commissioner Schifano suggested defining unreasonable unforseen property damage due to negligent operation or some other more definitive language.

Mr. Pearson said that some kind of negligent operation, or an explosive or sewage leakage into a yard as the type of damage not due to the appearance of the pump station could be added to clairify the document. Mr. Pearson said that he would add further language as to the successors and/or assigns, as Commissioner Schifano suggests.

Mayor Sears asked for clarification of the definition of maintaining the landscaping. Mr. Pearson discussed with the Board members regarding replanting of the landscaping. Commissioner VanFossen said that it would be the Town’s property, therefore, it would be responsibility of the Town to maintain the landscaping.

Commissioner VanFossen said as it stands now, if the waiver is not signed, a chain link fence will go up in about two weeks.

Mayor Sears recommended that the Town send out revised release drafts by registered mail to the four parties and see how they respond.

Commissioner Dickson said that he wanted to see this topic at the next meeting so that the Board will know whether or not a chain link fence or a wood fence would be erected. Commissioner VanFossen said he felt that when the Town does pump stations like this, the stations need to be attractive and as unoffensive as possible.

No action was taken.

11. Manager’s Reports – Mr. Dean reported that the Town’s annual report is on the website and that town staff did a good job getting the information together. Mr. Dean reported that he met with Hansen Aggregates last week. He said the company has offered to donate the stones and boulders for the Bass Lake project, saving the town $60,000 that was budgeted for stones and rocks. Additionally, town crews will receive OSHA training in the transport of stones so that the delivery can be done in-house.

Commissioner VanFossen suggested that the money saved be moved to the Bass Lake Retreat project.

Commissioner Schifano suggested that the Town name an area of the park in honor of Hansen Aggregates. Mr. Dean said that he and Mr. Bradley had talked about building a garden area with engraved boulders recognizing the contributions of Hansen Aggregates.

12. Closed Session -The Board approved a motion to enter Closed Session, pursuant to G.S. 143-318.11(a)(4) to instruct town’s staff in economic incentives.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

General Account, Closed Session – September 3, 2002

In Closed Session, the Town Board gave direction to staff regarding economic development incentives.

The Board also discussed a proposal from BFI to stay in business eight more years in exchange for host fees and the conveyance of its property to the Town upon closure. The Board provided direction to staff for negotiating in this matter.

The Board then re-entered Open Session.

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

Motion By: Atwell

Second By: Dickson

Vote: Unanimous

– End General Account

13. Adjournment – There being no further business for the evening, the September 3, 2002 meeting of the Holly Springs Board of Commissioners was adjourned following a motion by Commissioner Dickson, 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.