10/21/03 Meeting Minutes, Town of Holly Springs

Town of Holly Springs

Board of Commissioners Regular Meeting

Tuesday, October 21, 2003

MINUTES

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, October 21, 2003 in the Council Chambers of Holly Springs Town Hall, 128 S. Main Street. Mayor Dick Sears presided, calling the meeting to order at 7:06 p.m. A quorum was established as the mayor and four board members were present as the meeting opened.

Board Members Present: Commissioners Mike Taylor, Chet VanFossen, Peter Atwell, Hank Dickson and Mayor Sears.

Board Members Absent: Commissioner Steve Tedder.

Staff Members Present: Carl Dean, town manager; Charles Simmons, assistant town manager; John Schifano, town attorney; Joni Powell, town clerk; Linda R. Harper, deputy town clerk (recording the minutes); Drew Holland, finance director; Len Bradley, director of parks and recreation; Stephanie L. Sudano, director of engineering; Sarah Kenney, office manager, parks and recreation; Tamara Ward, public information officer; Alysia Bailey, senior planner; and Gina Bobber, planning director.

2 and 3. The pledge of allegiance was recited, and the meeting opened with an invocation by Rev. Don Brown, pastor of the Village Church of Holly Springs.

4. Agenda Adjustment: The October 21, 2003 meeting agenda was adopted with changes, if any as listed below.

Motion By: VanFossen

Second By: Taylor

Vote: Unanimous.

Items Added to the Agenda: None.

Agenda Items Removed: None.

Other Changes: None.

5. Regional Brand Flag Presentation – Mr. Harvey Schmitt of the Greater Raleigh Chamber of Commerce presented the Board with a regional brand flag illustrating an effort to unite the Triangle as a single family of communities. Mayor Sears accepted the flag and thanked Mr. Schmitt.

6a. Public Hearing: Town of Holly Springs and Town of Cary Annexation Agreement – Mr. Dean said that over the past several months Town staff and Cary staff have worked toward determining annexation boundary lines between the two municipalities on the east side of Holly Springs. Mr. Dean said, as outlined on the map, the area shown in "A" would allow wastewater flow toward the Middle Creek lift station, which was designed to handle this basin and was used to determine the proposed annexation lines.

Mr. Dean said staff has had conversations with Cary concerning the definition of provision of service lines through the annexation areas. He also defined the specifics of Section 6 of the draft agreement.

Mr. Dean said the only requested action tonight is to hold the public hearing to accept written and oral comments and that action would be requested at a later date.

Ms. Bobber said that there has been some confusion regarding the annexation agreement. Ms. Bobber explained that this proposal would establish annexation boundary lines for each municipality and that no properties are being annexed at this time. She said that after the agreement has been approved by both municipalities that each property owner on side “A” or “B” can request annexation from either municipality, but there would be an additional approval step if the property owner that falls on side “B” (Town of Cary) would like to be annexed into Holly Springs and vise versa.

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

Eric Spence, 4101 Lake Boone Trail, Raleigh, who was representing clients who own property in the area, requests that the line be readjusted to include the entire Olive tract on side “A” instead of splitting the parcel. Copies of the letters from Martha and Nancy Olive and Betsy and Mary Singletary are incorporated into these minutes as addendum pages.

Bill Miller, 5404 Huntingwood Drive, of Middle Creek/Swift Creek Alliance Inc., said he opposed the annexation agreement and asked the town not to enter it. Mr. Miller said the citizens should be asked first where the line should be established; the annexation agreement was not necessary; and that there are other ways to develop this area. Mr. Miller said that this action makes the people angry and the municipalities should ask the people what they want.

J. C. Hampton, 9409 Holly Springs Road, said that his residence was supplied by a well for water and that he had spoken with town staff previously regarding water connection onto the Town’s water system. Mr. Hampton said that no one from the town has responded back regarding the availability of connecting to the Town’s water. He said that he has iron in his water and he wanders to which town would he apply for annexation or water.

Betsy Olive, 712 Church Street Zebulon, who owns property on both sides of Pierce Olive Road said that she opposes the annexation agreement, because the proposed annexation line divides her property into two halves, with half on side “A” and the remaining half on side “B”. She said that this would create a hardship and burden on the property owners as the property was developed. She requested the Board to readjust the annexation lines to include the entire tract of property on the Holly Springs side.

Jeff Pierce, 8524 Pierce Olive Road, said that he opposes the annexation agreement because it would also divide his family farm, leaving his property on both sides of Piece Olive Road and his concerns were the same as the concerns of Ms. Olive for her property.

Thomas Pierce, 8617 Pierce Olive Road, gave the Board his family history and said that he does not like change and would like things to remain the same. Mr. Pierce said that in 1997 the Town of Cary located a sewer line across his property and made it difficult to operate his dairy farm. Mr. Pierce said that he opposed the annexation agreement for the same dividing concerns as his son, plus the tax exemptions that applies to farmers.

Luke Ward, 9401 Holly Springs Road, said that he opposes the annexation agreement and that his main concerns were the development of the additional sewer and/or water lines along his property.

Mr. Schifano said to clarify that it is State Law that regulates the policy for voluntary and non-voluntary annexation, not the municipality. Mr. Schifano said that Holly Springs and the Town of Cary follow the same State Laws for annexations. He said that this agreement only identifies and directs the property owner to the municipality side “A” or side “B”, should the property owner wish to file a voluntary annexation petition.

Commissioner VanFossen asked how was the annexation line determined.

Ms. Bobber said using the Pierce Olive Road as a ridge line she added the drainage of wastewater was used to determine the areas. She said this would reduce construction of a number of pump stations for Holly Springs and the Town of Cary and also establishes a service area for the Town of Cary.

Mr. Dean said that the reason this agreement is required is that the Town of Cary has submitted a petition to Wake County to extend ETJ area. He said that if the Board did not act or come up with an agreement with the Town of Cary, then both sides “A” and “B” would be included in Cary’s ETJ area.

There being no further comments or discussion, the public hearing was closed and action will be taken at a later date following another public hearing on November 4^th.

Commissioner Atwell said that he would like to clarify that this was not a done deal and that the Town has very good staff that prepares the materials ahead for review and consideration; the Board listens to the public comments and concerns and then a decision is made, he said.

Commissioner VanFossen concurred with what Commissioner Atwell had said.

Mayor Sears at this time recognized Ron Margiotta a new board member of the Wake County Board of Education. Mr. Margiotta appreciates the opportunity to speak briefly and requested the Town’s assistance in working with the City of Raleigh regarding public school issues.

Commissioner VanFossen said that he would like to see the proposed annexation line be readjusted to include the entire tracts of the Pierce Farm and the Olive properties on side “A”-Holly Springs.

Commissioner Atwell agrees with Commissioner VanFossen’s comments and would like to wait before making any comments until reviewing the public’s comments from the Town of Cary’s public hearing scheduled for Thursday, October 23, 2003.

Action: No action taken.

6b. Public Hearing: Applications 03-GPA-01 and 03-REZ-05, 721 Holly Springs Road - Ms. Bailey explained to the Board members that the first item was to accept public comment to amend the proposed Ten-Year Comprehensive Growth Plan that designates an area for Moderate Density Residential (2-5 units per acre), which is consistent with the current zoning of this property and the surrounding area. Ms. Bailey said the developer is requesting to amend the plan to change the designation of this property to Commercial; however, the Planning Board has made the recommendation that the Growth Plan designation be modified to Office, which is a less dense node.

Ms. Bailey said the property to the east of the subject property is zoned as a mixed use district according to the Rhamkatte Village PUD. She said the property is located less than a mile from the Holly Springs Crossing commercial center, which is also a part of the Rhamkatte Village PUD, and designated for moderate density residential in the town’s Comprehensive Growth Plan.

Ms. Bailey said the property is currently zoned R-20, and the developer is proposing Neighborhood Village District (NV) zoning.

At this time, Commissioner VanFossen asked the Board’s recusal from the discussion and action on the next agenda item, due to his work connection.

Action: The Board made a motion to excuse Commissioner VanFossen from the meeting due to his connection to the next agenda item

Motion By: Atwell

Second By: Dickson

Vote: Unanimous.

With that explanation completed, Mayor Sears opened the public hearing to accept input. The following comments were recorded: None.

There being no comments, the public hearing was closed.

Action #1: The Board approved Growth Plan Amendment 03-GPA-01 to change the future land use designation of +/- 0.64 acres from Moderate Density Residential to Office Use.

Motion By: Taylor

Second By: Dickson

Vote: Unanimous

Action #2: The Board approved zoning map change petition 03-REZ-05 to change the zoning of +/- 0.64 acres from R-20: Residential District to NV: Neighborhood Village District as submitted by Thompson & Associates.

Motion By: Taylor

Second By: Atwell

Vote: Unanimous

Action: The Board made a motion to admit Commissioner VanFossen back into the meeting.

Motion By: Taylor

Second By: Atwell

Vote: Unanimous

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. Governor’s Crime Commission Grant – The Board adopted a budget amendment to the FY 2003-04 budget in the amount of $21,000 to authorize the use of grant funds to purchase 800 mhz radios for the police department. A copy of the budget amendment is incorporated into these minutes as an addendum page.

7b. Resolution 03-26, Safe Halloween - The Board adopted Resolution 03-26 encouraging safe and courteous trick-or-treating. A copy of Resolution 03-26 is incorporated into these minutes as an addendum page.

7c. Resolution 03-27, Development Manual Procedures amendments - The Board adopted Resolution 03-27 to approve amendments to the Town of Holly Springs Development Manual Procedures. Copies of Resolution 03-27 and development manual procedures amendments are incorporated into these minutes as addendum pages.

7d. Budget Amendment, $6,500 - The Board adopted a budget amendment to the FY 2003‑04 budget in the amount of $6,500 to receive grant funds for the Holly Springs virtual tour economic development project. A copy of the budget amendment is incorporated into these minutes as an addendum page.

7e. Budget Amendment $2,700 - The Board adopted a budget amendment to the FY 2003-04 budget in the amount $2,700 to receive insurance proceeds to cover damages to the speed trailer. A copy of the budget amendment is incorporated into these minutes as an addendum page.

7f. Budget Amendment $2,400 - The Board adopted a budget amendment to the FY 2003-04 budget in the amount $2,400 to receive insurance proceeds to cover damages to two vehicles. A copy of the budget amendment is incorporated into these minutes as an addendum page.

7g. Scot’s Laurel, 03-DP-04- The Board deferred action on development plan 03-DP-04, Scot’s Laurel until the November 4, 2003 Town Board meeting.

7h. Elevated Water Storage Contract Change Orders – The Board approved change order #3 to the elevated water storage construction contract in the amount of $21,300. A copy of change order #3 is incorporated into these minutes as addendum pages.

7i. Time Warner Cable 2004 Rates, Tolling and Accounting Order - The Board adopted the 2004 tolling and accounting order in response to Time Warner Cable’s 2004 rate filings. A copy of the Time Warne Cable 2004 Rates Filing, Tolling and Accounting order is incorporated into these minutes as addendum pages.

7j. Minutes - The Board approved minutes of meetings held in September and October, 2003.

8a. Parks and Recreation Policy, Procedures, and Fees Manual Amendments – Ms. Kennedy said that staff has made amendments to the Parks and Recreation Policy, Procedures and Fees Manual to include criteria on the cafeteria and kitchen rental policy, concession stands, revised the hours for registration and gym rentals, remove drop box as an alternative for payments, increased fitness room fees and amend the band shell policy.

Ms. Kennedy said that staff has added to this amendment number “4 not to allow gym rentals on all Town holidays. “

Commissioner Atwell asked would the town consider having staff available for holidays. Mr. Bradley said that staff can create a new policy that addresses gym rentals on holidays and use the on-call staff or ask staff to volunteer.

Mr. Dean suggested the policy should include the cost of gym rentals on holidays to justify the cost of having staff available and should apply to the gym facility only.

Mr. Bradley requested the Board table this item until a revised policy can be brought back to the Board at the November 4^th Town Board meeting.

Action: The Board approved a motion to defer action on the Parks and Recreation Policy, Procedures, and Fees manual until modifications as mentioned in the discussion are made and presented to the Board at the November 4^th, 2003 Board meeting.

Motion By: Van Fossen

Second By: Atwell

Vote: Unanimous

8b. Wake County Solid Waste Inter-local Agreement – Mr. Dean explained to the Board that the proposed inter-local agreement between all Wake County municipalities and Wake County is to agree to work together to solve solid waste issues as a group. Mr. Dean said the scope of the work will be to examine alternatives from private sector firms and compare to the South Wake option, which is what we have been working toward over the last two years. He said the agreement can be withdrawn by the Board given a thirty day notice. He said that staff feels confident that Wake County can reach an equitable agreement for waste disposal outside of Holly Springs and think that this is the direction the Board has been seeking.

Mr. Schifano suggested the following modifications to the inter-local agreement:

· on page 3, to delete “2.02, (b)” and rewrite as “(b) Prepare, distribute and evaluate responses to a “Request for Proposals” (“RFP”) to provide municipal solid waste disposal services to the Parties.” Concurrent with this process, the public option (construction of the South Wake Landfill will be re-evaluated.”

· And revise Article IV, Section 4.01 and 4.02 to read as “4.01. Further Collaboration Encouraged. It is understood by the Parties to this Agreement that the desired result from collaboration on the Scope of Work would be for all of the Parties to work together further to secure long-term disposal for each of the participating Parties in a manner so as to not burden one Party disproportionately. To this end, the Parties make a good faith commitment to give every favorable consideration possible to collaboration on such further work, paying close attention to options which call for disposal outside of the corporate, territorial, or taxing jurisdiction of any Party. However, it is understood that no Party is obligated to continue in any further work, which might be suggested by the Final Evaluation Report.

4.02. Principles for Participation in Joint Solid Waste Management Effort.

The Parties agree that if a collaborative effort goes forward to finance, build, and operate one or more municipal solid waste management facilities or programs in the manner stated in Section 4.01 above, that the document establishing such inter-local agreement or multi-jurisdictional agency shall have each Party commit to establishing mechanisms to assure the flow of municipal solid waste to the agreed upon disposal facility.

Action: The Board approved a motion to enter a solid waste inter-local agreement with Wake County with the modifications to item 2.02 (b); 4.01 and 4.02 as mentioned in the discussion.

Motion By: Atwell

Second By: Taylor

Vote: Unanimous

A copy of the solid water inter-local agreement with Wake County is incorporated into these minutes as addendum pages.

8c. Voluntary Agriculture Districts: Bobby M. Adams and Mable Olive Holland properties - Mr. Dean explained to the Board members that the Town has received a request from Wake Soil and Water Conservation District to consider approval for two (2) applications for Voluntary Agricultural District. Mr. Dean said the proposed properties are David M. Adams consisting of 87.89 acres at the end of Old Adams Road, and Mabel O. Holland consisting of two tracts -90.82 acres at 1719 Avent Ferry Road and 44.11 acres at 900 Piney Grove Wilbon Road.

Mr. Dean said this designation is very flexible, and is between Wake County and the property owner. He said that it does provide some protection as discussed at the Board’s fall mini-retreat, seeing how it will hold this land for agricultural uses until such time as it's sold.

Action: The Board approved a motion to approve the Voluntary Agricultural District applications of David M. Adams and Mable Olive Holland as requested by Wake Soil and Water Conservation District.

Motion By: Dickson

Second By: Taylor

The Board members discussed the possible future zoning of the these properties if annexed into the Town’s corporate limits. Ms. Bobber said if the property should be sold, developed and annexed into town, the UDO suggests R-30 zoning.

Vote: Unanimous

8d. Commissioner Steve Tedder’s Resignation - Mr. Dean said the Town has received a letter of resignation from Commissioner Steve Tedder. Mr. Dean said that Commissioner Tedder is resigning following his recent move away from Holly Springs.

Mr. Dean said that Mr. Tedder's resignation letter was amended to be effective November 5^th not November 4^th per his phone call.

Action: The Board approved a motion to accept Commissioner Tedder’s letter of resignation and to be effective as of November 5^th, 2003.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

A copy of Steve Tedder’s letter of resignation is incorporated into these minutes as addendum pages.

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: None

Mr. Herman Jaffe, 1802 Keokuk Ct. Apex, presented to the Board with a letter on the subject of Harris nuclear plant risk reduction plan. Mr. Jaffe read his letter of concerns regarding the Harris Nuclear Plant as a possible target for terrorist acts. Mr. Jaffe requested the Board discuss these concerns with Wake County. A copy of the Herman Jaffe letter is incorporated into these minutes as addendum pages.

10. Other Business: None.