The Holly Springs Town Board of Commissioners met in regular session on Tuesday, Dec. 16, 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 p.m. A quorum was established as the mayor and all five board members were present as the meeting opened.

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

Board Members Absent: None.

Staff Members Present: Carl Dean, town manager; Charles Simmons, assistant town manager; John Schifano, town attorney; Joni Powell, town clerk (recording the minutes); Linda R. Harper, deputy town clerk; Tamara Ward, public information officer; Drew Holland, finance director; Heather Keefer, environmental engineer; Martha Daniel-Hobbs, town planner; Cecil Parker, chief of public safety; 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. Hal Adkins, pastor of the Holly Springs Moravian Church.

4. Agenda Adjustment: The Dec. 16, 2003 meeting agenda was adopted with changes, if any, as listed below.

Motion By: Atwell

Second By: Taylor

Vote: Unanimous.

Items Added to the Agenda: Commissioner Atwell requested a brief closed session, pursuant to G.S. 143-318.11(a)(3), to consult with the Town Attorney under the attorney-client privilege regarding the proposed service area agreement between the towns of Holly Springs and Cary.

Agenda Items Removed: None.

Other Changes: None.

5a. Holly Springs Yellow Jackets Cheerleading Squad Presentation - Commissioner Dickson presented certificates of recognition to the Holly Springs Yellow Jackets cheerleading team that earned 2^nd Place overall in the East Wake Conference Mini Mite Cheerleading Division. The certificates were presented on behalf of the Board of Commissioners.

Action: The Board approved a motion to enter into Closed Session pursuant to G.S. 143-318.11(a)(3), to consult with the Town Attorney under the attorney-client privilege regarding the proposed service area agreement between the towns of Holly Springs and Cary.

. Motion By: Atwell

Second By: Dickson

Vote: Unanimous

General Account Closed Session – December 2, 2003

The Board discussed with the Town Attorney the matter of a pending annexation boundary between the towns of Cary and Holly Springs. Commissioner Atwell said he wanted to clarify a few points before the Board was to take action. The Town Attorney cleared up points of the proposal, and the Board approved a motion to return to open session.

‑ End General Account

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

Motion By: Atwell

Second By: Womble

Vote: Unanimous

6a. Town of Holly Springs and Town of Cary Annexation Agreement - Mr. Dean reviewed with the Board some of the history of this issue and then outlined his reasons for recommending the annexation agreement be approved with the original proposed dividing line, with a few minor modifications to accommodate property owners who have requested to be included on the Holly Springs side of the line, to wit: property owned by Scott and Angela Coulter, Alice Watson, and Willie and Dora Watson. Mr. Dean reported that Town of Cary planning staff indicated that it would have no problem with these minor adjustments, as it did with other modifications that were suggested.

Over the last two weeks, Mr. Dean reported, he and Mayor Sears had met with Cary Mayor Ernie McAllister and Cary Town Manager Bill Coleman. Mr. Dean reported to the Board that the Town of Cary’s position is to approve the original agreement as proposed by both town staffs, and that the Town of Cary may reconsider its forced annexation plan in Areas 20 and 21 of the annexation project. Mr. Dean pointed out, however, that the Town of Holly Springs cannot coerce Cary to drop its forced annexation and that there is no guarantee the Town of Cary will amend its plans.

Mr. Dean said he recommends adoption of the original line as proposed in October with minor modifications for the following reasons:

1. The original line was negotiated in what would be the most cost-efficient way for provision of municipal utilities, and it would designate a planning service area but would not annex any property. Unless a property owner requests annexation and provision of municipal water and sewer services, Mr. Dean said, it is very unlikely the Town of Holly Springs would pursue involuntary annexation on its side of the line in the foreseeable future.

2. If Cary’s reason for its involuntary annexation truly was solely to protect this area from infringement by Holly Springs and to protect its infrastructure investment, then entering this agreement should put the forced annexation issue to rest.

3. It would be a decision that would be the best business decision for those who live inside the current town limits of Holly Springs.

In discussion, some board members expressed their feelings about some of the information and misinformation that has been broadcast and printed in the media.

In the end, Mayor Sears said, the Town of Holly Springs attempted to accommodate some of those property owners who had provided input during public hearings on the proposed agreement. Having tried to respond to citizen input, Mayor Sears said he felt the Town of Holly Springs had done all it could to act within the spirit of the state laws relating to municipal annexation agreements.

Action: The Board approved a motion to enter into an annexation agreement with the Town of Cary to include a territorial line modified slightly to include on the Holly Springs side of the line property owned by Scott and Angela Coulter, Alice Watson and Willie and Dora Watson.

Motion By: Dickson

Second By: Womble

Vote: Unanimous

A copy of the annexation agreement is incorporated into these minutes as addendum pages.

6b. 03-REZ-06, Holly Meadow Drive property - Ms. Bailey explained that a public hearing was held Nov. 18, 2003 on the proposed Zoning Map Change for property located along Holly Meadow Drive. She said at that time, comments were made regarding the impact of this zoning map change on the adjacent properties within the Holly Glen Subdivision. She said the applicant requested that action be tabled until Dec. 16.

Ms. Bailey said the applicant is proposing to rezone +/‑ 0.67 acres from NV: Neighborhood Village district to R‑10: Residential district. She said the proposed rezoning is located within an area designated for medium-density residential development, which allows property to be developed at the density of two to five units per acre according to the Town’s Ten‑Year Comprehensive Growth Plan. Ms. Bailey said that down‑zoning this property from NV to R‑10 would render it more compatible with the Holly Glen Subdivision located to the north and west.

Mr. Tom Spaulding addressed the Board, explaining that the developer intends to build model homes on the property and feels the request is compatible with the surrounding property. He said the 20-foot rear buffer would not be disturbed. He said he felt the model homes would provide a service to the subdivision because potential homebuyers could stop into those two models rather than driving through the subdivision.

Action: The Board approved a motion to approve Zoning Map Change Petition #03‑REZ‑06 to rezone property containing 0.665 acres of property located along Holly Meadow Drive, more particularly described as Wake County PIN 0648.01‑35‑1214, from NV: Neighborhood Village district to R‑10: Residential district as submitted by Spaulding & Norris, PA.

Motion By: VanFossen

Second By: Dickson

Vote: Unanimous

7a. Public Hearing: Annexation Ordinance A03-03, Angela and Scott Coulter - Ms. Bobber said the Town has received a petition for voluntary annexation of land containing 1.37 acres located at 4317 Kildaire Farm Road, (property between Kildaire Farm Road and Aviary Circle). She said the petition meets all the statutory requirements for annexation.

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: The Board approved a motion to defer consideration of Annexation Ordinance A03‑03 until the legalities of the petition are determined due to the property’s proximity to the Cary and Holly Springs annexation agreement area.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

7b. Public Hearing: 03-REZ-07, 517 St. Croix Drive - Ms. Bailey said this request is to rezone property containing +/‑ 2.50 acres located on the east side of North Main Street, directly east of Windward Pointe, and north of the Jones Park. She said the town is proposing to rezone this property due to the fact that the Town’s Official Zoning Map indicates that the property is a part of the Windcrest Planned Unit Development located to the north. The parcel, however, is not a part of the Windcrest PUD. Ms. Bailey said that in order to correct this discrepancy, the town must rezone the property to R‑20: Residential district, the original zoning of the property. She said that R-20 zoning district also would be consistent with the town’s Ten‑Year Comprehensive Growth Plan, which has this area designated for moderate-density development.

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: The Board approved a motion to approve Zoning Map Change Petition #03‑REZ‑07 to rezone 2.50 acres of land described as Wake County PIN 0659.01‑05‑7574 from PUD: Windcrest Planned Unit Development to R‑20: Residential District as submitted by the Town of Holly Springs.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

7c. Public Hearing: 03-REZ-12, Holly Springs Road - Ms. Bailey said this request is to rezone property containing +/‑ 4.00 acres located on the north side of Holly Springs Road directly to the east of the Cobble Ridge Subdivision and north of Holly Ridge Elementary and Middle School site. Ms. Bailey said the town is proposing to rezone this property due to the fact that the Official Zoning Map indicates that the property is zoned R‑20: Residential district. She said that a rezoning request was submitted and approved to change the zoning of this property in 2001. However, during the drafting of the new Official Zoning Map with the adoption of the UDO, the zoning of this parcel was inadvertently changed back to R‑20, she said. Ms. Bailey said that in order to correct this discrepancy, the town is initiating a zoning map change to reflect the request made with Rezoning Petition #01‑REZ‑05, that was originally approved on August 21, 2001.

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: The Board approved a motion to approve Zoning Map Change Petition #03‑REZ‑12 to rezone 4.00 acres of property described as Wake County PIN 0659.14‑44‑8330 from R‑20: Residential district to R‑10: Residential district as submitted by the Town of Holly Springs.

Motion By: Dickson

Second By: Atwell

Vote: Unanimous

She said the Planning Board’s overall response to the plans was positive. She said the Planning Board had no problem with any of the waiver requests. She noted that the Planning Board had questioned the need for temporary mobile classrooms for a campus that would be brand new. It was explained, she said, that the mobile units would not necessarily be placed on site, but the permission would be given so that they can be added to the property if and when they are needed in the future without a further permitting process.

Action #1 Findings of Fact for the Special Exception Use Petition to allow the development of a high school (consideration of actual approval later in this meeting, following consideration of waivers): The Board approved a motion to make, accept and direct the Town Clerk to record in the minutes its findings of fact that Special Exception Use Petition #03‑SEU‑04, Holly Springs High School, meets the requirements to allow for the development of a high school as submitted by McNeely and Associates Project Number HSAHS/H5, dated Revised October 27, 2003.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

The Board’s Special Exception Use Findings of Fact:

a. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare;

b. The proposed use will not injure or adversely affect the adjacent area;

c. The proposed use will be consistent with the character of the district, land uses authorized therein, and the Town of Holly Springs Comprehensive Plan;

d. The proposed use shall conform to all development standards of the applicable district (unless a waiver of such development standards is requested as part of the special exception use petition and approved as set forth above, in which case the proposed use shall conform to the terms and conditions of such waiver).

e. Access drives or driveways are or will be sufficient in size and properly located to: ensure automotive and pedestrian safety and convenience, traffic flow as set forth in Section 7.09 – Pedestrian Circulation and Vehicular Area Design; and, control and access in case of fire or other emergency;

f. Off‑street parking areas, off‑street loading areas, trash enclosures, trash pick‑up and removal, 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;

g. The lot, building or structure proposed for the use has adequate restroom facilities, cooking facilities, safety equipment (smoke alarms, floatation devices, etc.), or any other service or equipment necessary to provide for the needs of those persons whom may work at, visit or own property nearby to the proposed use;

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

i. 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; and,

j. The type, size, and intensity of the proposed use (including but not limited to 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.

Action #2: Findings of Fact for the Special Exception Use Petition to allow for the installation of temporary mobile classrooms: The Board approved a motion to make and accept its findings of fact and direct the Town Clerk to record the findings in the minutes for Special Exception Use Petition 03-SEU-04, Holly Springs High School, to allow temporary mobile classrooms as submitted by McNeely and Associates Project Number HSAHS/H5, dated Revised October 27, 2003.

In discussion of the motion, Commissioner Dickson noted that he would like some assurance that no mobile units would be placed on the property unless used as classrooms or offices. He said he does not want to see empty units or units’ being used as storage buildings.

Mr. Bowen said school policy would prohibit their just sitting there for any length of time.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

Special Exception Use Findings of Fact:

A special exception use may only be granted upon the presentation of sufficient evidence to enable a written determination that:

a. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare;

b. The proposed use will not injure or adversely affect the adjacent area;

c. The proposed use will be consistent with the character of the district, land uses authorized therein, and the Town of Holly Springs Comprehensive Plan;

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

Action #3: Action on Mobile Classrooms: Having made findings of fact that the project will meet the requirements to be granted a Special Exception Use for mobile classrooms, the Board approved a motion to approve Special Exception Use Petition 03-SEU-04 to allow for the installation and use of mobile classroom units as sumbitted by McNeely and Associates Project Number HSAHS/H5, dated Revised October 27, 2003.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

Action #4: Findings of Fact for Reduction of Landscape Buffer: The Board approved a motion to to make and accept its findings of fact and direct the Town Clerk to record the findings in the minutes for a waiver to allow the reduction of a B‑225 buffer to a B‑75 buffer along major thoroughfares as submitted by McNeely and Associates, Project Number: HSAHS/H5, dated Revised October 27, 2003.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

Waiver of Landscape Standards Findings of Fact:

(1) The carrying out of the strict letter of this UDO will result in practical difficulties in the development of the property included in the petition;

(2) Approval will observe the spirit of this UDO;

(3) Approval will secure public safety and welfare;

(4) Approval will provide substantial justice;

(5) (a) there are exceptional conditions pertaining to the particular piece of property in question because of its shape, size, or topography, that are not applicable to other lands, buildings or structures in the same district, or (b) there is a peculiar characteristic of a proposed use which makes the application of certain development standards of this UDO, as requested in the petition for variance of development standards, unrealistic;

(6) Granting the variance requested will not confer upon the applicant any special privileges that are denied to other owners or residents of the district in which the property is located;

(7) A literal interpretation of the provisions of this UDO would deprive the applicant of rights commonly enjoyed by other owners or residents of the district in which the property is located;

(8) The requested variance will be in harmony with the purpose and intent of this UDO and will not be injurious to the neighborhood or to the general welfare;

(9) The special circumstances giving rise to the variance request are not the result of the actions of the applicant; and,

(10) The variance requested is the minimum variance that will make possible the legal use of the land, building, or structure.

Action #5: Action on Landscape Waiver: Having made and recorded its findings of fact, the Board approved a motion to grant a Waiver of Regulations of UDO Section 7.01, Table 7.01‑C, to approve the reduction of the B‑225 buffer to a B‑75 buffer along major thoroughfares for Special Exception Use Petition #03‑SEU‑04 Holly Springs High School.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

Action #6: Findings for Increase in Building Height: The Board approved a motion to make and accept its findings of fact and direct the Town Clerk to record the findings in the minutes for a waiver to allow a maximum building height of 65 feet as submitted by McNeely and Associates, Project Number: HSAHS/H5, dated Revised October 27, 2003.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

Waiver of Building Height Standards Findings of Fact

(1) The carrying out of the strict letter of this UDO will result in practical difficulties in the development of the property included in the petition;

(2) Approval will observe the spirit of this UDO;

(3) Approval will secure public safety and welfare;

(4) Approval will provide substantial justice;

(6) Granting the variance requested will not confer upon the applicant any special privileges that are denied to other owners or residents of the district in which the property is located;

(7) A literal interpretation of the provisions of this UDO would deprive the applicant of rights commonly enjoyed by other owners or residents of the district in which the property is located;

(8) The requested variance will be in harmony with the purpose and intent of this UDO and will not be injurious to the neighborhood or to the general welfare;

(9) The special circumstances giving rise to the variance request are not the result of the actions of the applicant; and,

(10) The variance requested is the minimum variance that will make possible the legal use of the land, building, or structure.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

Action #7: Waiver of Building Height Standards: Having made findings of fact that the Petition meets the requirements to be granted a Waiver of Regulations of UDO Section 2.01, B., 7., maximum building height, the Board approved a motion to approve the waiver to allow the maximum building height of 65 feet as submitted by McNeely and Associates, Project Number: HSAHS/H5, dated Revised October 27, 2003.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

Action #8: Findings to Modify Gateway Architectural Requirements, Building Color: The Board approved a motion to make and accept its findings of fact and direct the Town Clerk to record the findings in the minutes for a waiver to allow the use of more than three colors on building materials as submitted by McNeely and Associates, Project Number: HSAHS/H5, dated Revised October 27, 2003.

Motion By: VanFossen

Second By: Dickson

Vote: Unanimous

Waiver of Architectural Requirements Findings of Fact

(1) The proposed development represents the use of (building materials, colors, textures, building architecture, roof features, façade modulation, building orientation, signs, landscaping, lighting or open space) which will result in a development pattern which is equivalent to or superior to that achievable under the applicable regulations;

(2) The proposed development will be compatible with and will enhance the use or value of area properties;

(3) The proposed development is consistent with the intent of the Comprehensive Plan; and,

(4) The proposed development is consistent with the intent and purpose of this UDO.

In Board discussion of the design of the building, it was noted that some of the Board members felt the building’s design was ugly and would be dated.

The opposing position was that it was a high school desperately needed and long-awaited in Holly Springs, and the appearance of the building was not an issue.

Action #9: Waiver to Modify Gateway Architectural Requirements -- Having made findings of fact that the Petition meets the requirements to be granted a Waiver of Regulations of UDO Section 3.01, C., 2., c., (1)., gateway architectural requirements, the Board approved a motion to approve the waiver to allow for the use of more than three colors on building materials as submitted by McNeely and Associates, Project Number: HSAHS/H5, dated Revised October 27, 2003.

Motion By: VanFossen

Second By: Womble

Vote: The motion carried, following a 4-1 vote. Commissioners Womble, Taylor, VanFossen and Atwell voted for. Commissioner Dickson voted against.

Action #10: Findings of Fact to Modify Gateway Lighting Requirements: The Board approved a motion to make and accept its findings of fact and direct the Town Clerk to record the findings in the minutes for a waiver to allow the use of a non‑white light source in a Gateway Corridor as submitted by McNeely and Associates, PA, Project Number: Project Number HSAHS/H5, dated Revised October 27, 2003.

Motion By: VanFossen

Second By: Womble

Vote: Unanimous

Waiver of Gateway Lighting Requirements Findings of Fact

(1) The carrying out of the strict letter of this UDO will result in practical difficulties in the development of the property included in the petition;

(2) Approval will observe the spirit of this UDO;

(3) Approval will secure public safety and welfare;

(4) Approval will provide substantial justice;

(6) Granting the variance requested will not confer upon the applicant any special privileges that are denied to other owners or residents of the district in which the property is located;

(7) A literal interpretation of the provisions of this UDO would deprive the applicant of rights commonly enjoyed by other owners or residents of the district in which the property is located;

(8) The requested variance will be in harmony with the purpose and intent of this UDO and will not be injurious to the neighborhood or to the general welfare;

(9) The special circumstances giving rise to the variance request are not the result of the actions of the applicant; and,

(10) The variance requested is the minimum variance that will make possible the legal use of the land, building, or structure.

Action #11: Waiver of Gateway Lighting Requirements: Having made findings of fact that the Petition meets the requirements to be granted a Waiver of Regulations of UDO Section 7.02, A., 3., gateway lighting requirements, the Board approved a motion to grant a waiver to allow the use of a non‑white light source in a Gateway Corridor as submitted by McNeely and Associates, PA, Project Number: Project Number HSAHS/H5, dated Revised October 27, 2003.

Motion By: VanFossen

Second By: Taylor

Vote: Unanimous

Action #12: Holly Springs High School Special Exception Use: Having made findings of fact that the project meets the requirements to be granted a Special Exception Use and having granted specific waivers requested, the Board approved a motion to approve Special Exception Use Petition #03‑SEU‑04, Holly Springs High School, to allow for the development of a high school as submitted by McNeely and Associates Project Number HSAHS/H5, dated Revised October 27, 2003 with the following conditions recommended by staff and the Planning Board:

1. UDO Permit for Sign Installation Petitions must be submitted to and approved by the Department of Planning and Zoning prior to the installation of any signage, temporary or permanent.

2. The Town is in the process of trying to acquire funding from the State for widening of Avent Ferry Road from the Bypass to Cass‑Holt Road. If not successful, Avent Ferry Road will be widened along the school site with the development of the second school facility.

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

a) Drainage area map for entire site and the individual inlets.

b) Clarify if a hydrologic diversion from the existing condition is being proposed.

c) A full drainage summary table will need to be submitted that includes input and output of all calculations.

d) Around the perimeter of the fill slopes drainage shall be discharged at the base of the slope.

e) Submit all hydrologic and hydraulic calculations for stormwater detention areas.

f) Show detailed grading at the proposed yard inlets to demonstrate how the 100‑year flow will be contained and intercepted by the inlets without overtopping.

g) Evaluate the hydraulic grade line through each of the systems.

h) Reference Town standards for catch basin dimensions.

i) Indicate where roof drains will be daylighted.

j) Due to existing downstream concerns please evaluate the post development

k) All TIA comments to be addressed during construction drawing review.

l) Full plan and profile drawings to be submitted for the intersection realignment/roadway improvements.

4. Approval is granted for the maximum light level at the property line to be exceeded during athletic events in accordance with the provisions of the UDO.

Motion By: VanFossen

Second By: Taylor

Vote: Unanimous

Copies of the special exception use petition 03-SEU-04 and supporting documents submitted into the record are incorporated into these minutes as addendum pages. A copy of the Holly Springs High School site plan is filed in the Department of Planning and Zoning.

8. Consent Agenda: All 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:

8a. Budget Amendments, $1,700 - The Board adopted amendments to the FY 2003‑04 budget in the amount of $1,700 to establish a travel allowance for Captain Herring and to transfer a town vehicle to the engineering department. Copies of the budget amendments are incorporated into these minutes as addendum pages.

8b. Budget Amendment, $68,050 - The Board adopted a budget amendment to the FY 2003‑04 budget in the amount of $68,088 to accept a North Carolina Governor’s Highway Safety Grant to cover the cost for public safety personnel and equipment. A copy of the budget amendment is incorporated into these minutes as an addendum page.

8c. Budget Amendments, $35,155 - The Board adopted amendments to the FY 2003‑04 budget in the amount of $35,155 to accept FEMA reimbursement funds for Hurricane Isabel expenditures. Copies of the budget amendments are incorporated into these minutes as addendum pages.

8d. Budget Amendment, $7,300 - The Board adopted an amendment to the FY 2003‑04 budget in the amount of $7,300 to cover costs associated with the police station security system and phone system. A copies of the budget amendment is incorporated into these minutes as an addendum page.

8e. Fire Station Grading Contract Change Order - The Board approved change order #1 to the Holly Springs fire station project grading contract to cover cost of installing a six-inch under‑drain. A copy of the Holly Springs fire station grading contact change order #1 is incorporated into these minutes as an addendum page.

8f. Clean Water Trust for Bass Lake - The Board approved a memorandum of understanding and conservation easement with the Clean Water Trust for Bass Lake. Copies of the Memorandum of Understanding and the Conservation Easement are incorporated into these minutes as addendum pages.

8g. Minutes - The minutes of the Board’s regular meeting held on Dec. 2, 2003 were approved.

At this time, the Board approved a motion to recess for five minutes. In approximately five minutes, the Board returned to open session. All members of the Town Board were present, and a quorum was reestablished.

9a. FY 2002-2003 Audit Report – Mr. Holland introduced Mark Stephens of Duke & Abbott, CPA's, P.A., who presented results of the company’s audit of the Town’s finances for the year ending June 30, 2003.

A copy of the Duke & Abbott management letter is incorporated into these minutes as addendum pages.

9b. Resolution 03-30, Remington Stream Restoration Project Grant Funds – Mrs. Keefer explained to the Board that on March 5, 2002 the Town Board awarded a project to undertake the development of a drainage study and a drainage improvements plan for the drainageway that runs between Remington Subdivision and adjacent to the Holly Acres subdivision, downstream of the Holly Springs Crossing Shopping Center. She said the scope of this project included the exploration and retention of available funding sources for the project however, it did not include construction costs or right‑of‑way acquisition costs.

Ms. Keefer said that many things have been accomplished since this project was approved by the Board. She said the engineering department is currently reviewing the final draft of the drainage study for the Remington Drainage Basin. She said the department will be presenting this information to the residents of the drainage basin and the Town Board after the first of the year. In the spring of 2003, she said, engineering staff started the search for financial assistance to undertake the necessary remediation methods to resolve the drainage problem west of Birdsong Way in the Remington Subdivision.

She said the Town has sent two grant applications in the spring and summer of 2003, one to the North Carolina Wetlands Restoration project and the other to the Clean Water Management Trust Fund. Ms. Keefer said that in concurrence with the grant submittals project information via brochures and meetings were made available to the residents adjacent to the project. After receiving word from both of the potential funding sources for the stream restoration project that the Town would not be able to receive funding for the project in 2003, the Town sent in another application to the Clean Water Management Trust Fund on December 1, 2003 and started to look for other funding programs. She explained that in October 2003 engineering staff started discussions with the North Carolina Division of Water Resources (NCDWR) staff regarding the Remington project. On November 25th the NCDWR made a site visit to the restoration area and determined that this would be a site that they would be in favor of providing financial assistance for the restoration, she said. The grant application cycle ends on December 31st and the following items must be addressed to apply: 1.) Official Resolution, 2.) Project Narrative, 3.) Project Plan and Location Map, 4.) Project Budget.

Ms. Keefer said that in order to meet the December 31, 2003 NC DWR grant application deadline the Board is being asked to adopt Resolution 03-30 prior to the application submittal.

Action: The Board approved a motion to adopt Resolution 03‑R‑30 requesting the State of North Carolina provide financial assistance to the Town of Holly Springs for the Remington stream restoration project.

Motion By: Dickson

Second By: Atwell

Vote: Unanimous

A copy of Resolution 03-30 is incorporated into these minutes as addendum pages.

9c. Cobble Ridge Phase 03-MAS-04 Preliminary Plan - Ms. Daniel-Hobbs said that this request is for development of a 4‑acre site located on Holly Springs Road east of the Cobble Ridge subdivision. She said the developer proposes to develop 11 lots, which would be compatible with the medium‑density residential development that meets the land designation for the property in the Town of Holly Springs Ten Year Comprehensive Growth Plan.

Ms. Hobbs said that a 20‑foot undisturbed buffer that meets the A‑20 requirements of the UDO as an open buffer is provided along the perimeter of the property.

Ms. Hobbs explained that water and sewer service are available at the site. She said the developer would be extending both within the site and would stub to upstream properties. She said a fee‑in‑lieu of upgrade for both a downstream pump station and the Middle Creek Interceptor are due for this project.

Ms. Hobbs said that this site would tie to an existing street stub within the Cobble Ridge development and also, it proposes two (2) street stubs to adjacent undeveloped property. Ms. Hobbs said that additional signage at the street stubs indicating that the streets will be extended in the future will be required. She said this site does not have any stream buffer requirements and a comprehensive drainage plan would be required with first submittal of construction drawings. She noted that staff and the planning board had reviewed the plans and both recommend approval with conditions.

Action: The Board approved a motion to approve Master Plan #03‑MAS‑04 for Cobble Ridge Phase 2 as submitted by Tony M. Tate Landscape Architecture, dated Revised November 10, 2003 with the following conditions:

1. Prior to construction drawing approval, the following must be completed:

a. A preservation landscape plan with a tree inventory for the 20’ A‑20 landscape buffer must be provided to and approved by the Department of Planning & Zoning.

b. The property must be annexed into the Town limits.

c. A fee‑in‑lieu for upgrade of the downstream pump station must be paid.

d. A fee‑in‑lieu for the Middle Creek Interceptor must be paid.

e. A fee‑in‑lieu for the portion of the street stub that will not be constructed must be paid.

2. A fee‑in‑lieu of land dedication will be due at final plat approval stage.

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

a. Comprehensive drainage plan including all calculations.

Motion By: Womble

Second By: Dickson

Vote: Unanimous

9d. Appointments to the Board of Adjustments and Planning Board - Ms. Bobber said that currently Holly Springs has representatives serving on the Planning Board and Board of Adjustments Boards whose terms expire December, 2003.

For the Board of Adjustment, Ms. Bobber noted that three in-town members and one in-town alternate need to be appointed. An alternate, she said, is a member who is welcomed to attend all meetings of the Board of Adjustment, but who is only seated if he or she is needed.

Ms. Bobber noted that the current three in-town members whose terms expire all are seeking reappointment: James Cobb, Lesli Doares and Cynthia Gibbons. She added that the current in-town alternate member, Linda Hunt-Williams, did not apply for reappointment.

Action: After making nominations, the Board selected the four top applicants receiving nominations: Stuart Wilder Allen, 412 Gooseberry Drive, in-town member; James Cobb, 4936 Sunset Forest Circle, in-town member; Otis Byrd, 705 S. Main Street, in-town member; and John Miller, 101 Kenmont Drive, in-town alternate member to serve on the Holly Springs Board of Adjustment from Jan. 1, 2004 to Dec. 31, 2006.

Motion By: Atwell

Second By: Womble

Vote: Unanimous

For the Planning Board, Ms. Bobber noted that three in-town members and one member representing the Town’s extraterritorial jurisdiction need to be appointed; however, she noted that the Town did not receive any applications from residents of the ETJ. Therefore, she asked that the Town Board appoint three in-town members now and that she would attempt to recruit applicants from the Town’s ETJ for future consideration.

Ms. Bobber noted that two currently seated in-town Planning Board members, Lisa Martin and Jonathan Gibbons, have applied for reappointment. The third seat is a vacant one once held by Commissioner Taylor.

Action: After making nominations, the Board selected the three top applicants receiving nominations: Vinnie DeBenedetto, 4445 Lake Flower Drive, in-town member to fulfill the unexpired term of former member Mike Taylor (Dec. 31, 2005); and Joe Signoretti, 1220 Trotters Bluff Drive and Raymond Cordon, 4813 Sunset Forest Circle, to serve on the Holly Springs Planning Board from Jan. 1, 2004 to Dec. 31, 2006.

In making nominations, Commissioner Womble said he wanted to talk about the nomination process at the Board’s winter retreat. He said after hearing the unanimous nominations of his four fellow board members, his nominations were pointless. He said he nevertheless was nominating applicants George Kimble, Danny Bronson and Vincent D’Agostino.

Motion By: Atwell

Second By: Dickson

Vote: The motion followed a 4-1 vote. Commissioners Taylor, VanFossen, Atwell and Dickson voted for. Commissioner Womble voted against.

10. Public Comment: At this time, an opportunity was provided for members of the audience who had registered to speak to address the Board on any variety of topics not listed on the night’s agenda. The following citizens were heard: None

11. Other Business: Commissioner Atwell requested that the Board be provided with a map

illustrating existing and approved housing stock in Holly Springs. If possible, he said, he would like the map to illustrate housing type (single-family, apartment, townhouse, etc.), housing value and whether or not the homes are owned or are rented. He said he would like to see a market study specifically on townhomes and how they are selling and whether or not ownership is retained or if they become rental properties.

12. Manager’s Reports: Mr. Dean reported that the 2004 Town of Holly Springs calendar is

out; that Town Board members have been assigned ncmail email accounts for their convenience; that the Town has received approval of $400,000 in NCDOT funds for the extension of Ballentine Street to Premiere Drive; and that he would like the Board’s approval to authorize negotiations with Mulkey Engineering to do design work for the roadway.

Action: The Board authorized, by consensus, staff to begin negotiations with the Mulkey Engineering firm for design work for Ballentine Street Extended and for the final contract to be brought back to the Board for consideration.

Mr. Dean then asked the Board to agree on dates for the 2004 Winter Retreat. The Board agreed on Friday through Sunday, Feb. 6-8, 2004 as dates for its retreat.

13. Closed Session: None.

14. Adjournment ‑ There being no further business for the evening, the Dec. 16, 2003 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, January 6, 2004.

_________________________________

Joni Powell, CMC

Town Clerk

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