Town of Holly Springs

Board of Commissioners Regular Meeting

Tuesday, June 3, 2003

MINUTES

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, June 3, 2003 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: Commissioner Chet VanFossen

Staff Members Present: Carl Dean, town manager; Ernest C. Pearson, town attorney; Joni Powell, town clerk (recording the minutes); Len Bradley, parks and recreation director; Drew Holland, finance director; Stephanie L. Sudano, director of engineering; Cecil Parker, chief of public safety; Alysia Bailey, senior planner; Gina Bobber, planning director; Jennifer Mizelle, director of economic development; Derek Baker, senior engineer; and Sarah Kennedy of the Parks and Recreation Department.

2 and 3. The pledge of allegiance was recited, and the meeting opened with an invocation by Rev. Hal Adkins, pastor of The Moravian Church of Holly Springs.

4. Agenda Adjustment ‑ The June 3, 2003 meeting agenda was adopted with changes, as listed below.

Motion By: Dickson

Second By: Atwell

Vote: Unanimous.

Items Added to the Agenda: Receive and consider engineer’s preliminary opinion of probable cost of construction for the CVS project was added under New Business.

Agenda Items Removed: None.

Other Changes: None.

5. Public Hearing: 2003‑04 Operating Budget - Mr. Dean reviewed with the Board members the summary of highlights from the proposed FY 2003-04 operating budget. He noted that there have been some changes to the proposed spending plan in the days following the budget workshop. He noted that the rate for recycling service had been estimated to include a .15 (15 cents) per month increase; however, contract negotiations have resulted in a zero increase.

Other changes to the original budget proposal include:

* $ 6,500 added to Special Program Contributions in Central Services.

* $10,000 added to Recycling Education in Sanitation Department.

* $10,000 added to Attorney Fees in Administration Department.

Mr. Dean reported that the Town had been advised that the Local Government Commission had notified BB&T that it was not going to approve all of the Town’s applications for refinancing unless the interest on the amount to be refinanced from the existing loan is paid up front.

This, Mr. Holland explained, would mean that the Town had to find another $186,000 to add to this year’s budget. He added that the end result actually would be of benefit to the Town in the long run, saving the Town another $50,000 over the life of the refinancing.

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

Pat Anderson, 620 St. Vincent Way -- Mr. Anderson said he would hope that the Town Board would spend more money on the soccer program because more children are involved in soccer than in other sports.

Patty Glembocki, Chairman of the Parks and Recreation Advisory Committee – Ms. Glembocki, speaking on behalf of the Committee, said, based on a survey of citizens, the community is interested in having a community center/gymnasium. Other interests include greenways, she added. She urged the Town Board to set aside funding for construction of a new community center that would include an updated gymnasium.

She also suggested that money should be allocated to bring the Town’s website in-house so that it could be more useful and updated more regularly.

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

Commissioner Atwell noted that funds had been reserved in the budget for design of a community center.

At this time, Commissioner Schifano requested that the Town Board excuse him from the meeting for action on the budget and for deliberation and action on the next agenda item, citing his potential conflict of interest in the budget that sets the salary for a position in which he is interested in applying and in the discussion and action on the position itself

Action: The Board approved a motion to recuse Commissioner Schifano for action on the budget and on the next agenda item.

Motion: VanFossen

Second: Atwell

Vote: Unanimous

A quorum of the board was still present.

Action: The Board approved a motion to adopt Ordinance 03-07, the FY 2003-04 budget ordinance, and Ordinance 03-08, an ordinance setting the water and sewer rates for the fiscal year beginning July 1, 2003.

Motion By: Atwell

Second By: VanFossen

Vote: Unanimous

Copies of Ordinance 03-07, the FY 2003-04 budget ordinance, and 03-08, an ordinance setting the fiscal year’s water/sewer rates, are incorporated into these minutes as addendum pages.

6a. Town Attorney Position - Mr. Dean reviewed the memorandum that was prepared by the town clerk explaining results of research regarding the position of town attorney. Mrs. Powell said that staff strongly recommends Option 1 as the most workable solution for the town; however, research from across the State provided information on a few other options as well.

Commissioner Tedder took the option recommended by the town manger and town clerk and suggested some changes. He said he did not agree with an interview panel including the clerk and members of the board. He said he would recommend that the position be a straight employed position hired and fired by the town manager.

Mr. Pearson stressed that the town attorney position should be filled by appointment of the town board.

Commissioner Atwell suggested that the board appoint an interviewing panel to screen initial applicants and conduct interviews. He said that the panel could select the finalist and would recommend him/her for consideration for hire by the town manager as staff attorney and appointment by the board as town attorney. The person would serve a dual role, he said, but he felt the Town Board should play some role in selecting the person.

Mr. Dean said that staff requests that the Board make a determination on how the town should proceed with hiring a staff/town attorney. Whatever the board decides to do would begin immediately upon adoption of the budget, he said.

Mr. Dean also reviewed with the Board the draft "job description" for this position and the statewide salary information for on‑staff attorneys.

Action: The Board approved a motion to direct that the position be advertised as a staff attorney to be hired by the town manager and recommended to the town board for appointment as Town Attorney and that the position would be considered an employee who would work under the general direction and supervision of the town manager.

Motion By: Tedder

Second By: Dickson

Vote: The vote on the motion tied at 2-2. Commissioners Tedder and Dickson voted for. Commissioners Atwell and VanFossen voted against. Mayor Sears voted for the motion, which then carried.

At this time, Commissioner Schifano was readmitted into the meeting.

6b. CDBG Scattered Sites Grant 03-C-1124 -- Ms. Mizelle explained to the Board members that the CDBG Scattered Sites grant the Town of Holly Springs received in the amount of $100,000 requires administrative support to the economic development director. She said that staff could receive administration support for satisfaction of grant conditions, identify potential homes for rehabilitation, screen applicants, perform work write‑ups and budgets, place legal ads in local papers, bid out work to contractors, manage and inspect construction work, and other activities.

Ms. Mizelle said that the grant allows for a portion of the $100,000 to be used for administrative funds to cover the cost of these expenses. She said that upon selection of the consultant, a fair and reasonable fee would be negotiated based upon a maximum budget of 15% of the grant award, or $15,000.

Ms. Mizelle said that staff had solicited proposals from seven consulting firms and also notified the Division of Purchases and Contracts with the North Carolina Dept. of Administration. She said the only firm responding to the initial request was The Wooten Company. Following direction from the Department of Commerce, Division of Community Assistance, the Town of Holly Springs solicited the same firms a second time and received one other proposal from McDavid Associates Inc.

Ms. Mizelle said that staff performed an evaluation of the two consultants and recommended the selection of The Wooten Company for administrative services for CDBG Scattered Site grant 03‑C‑1124.

Action: The Board approved a motion to award a contract with The Wooten Company for administration services of the CDBG Scattered Sites grant 03-D-1124.

Motion By: Schifano

Second By: Atwell

Vote: Unanimous

A copy of the The Wooten Company proposal is on file in the Economic Development Office and is not incorporated by reference into these minutes; rather, it will be disposed of or retained in accordance with the North Carolina Records Retention and Disposition Schedule.

6c. Parks and Recreation Advisory Committee Appointments - Ms. Patty Glembocki said that the Parks & Recreation Advisory Committee has a vacant position and would like to recommend Kevin Hannegan for appointment. She said the committee reviewed Mr. Hannegan's application and believes he would be an asset to the group. She said that Mr. Hannegan would serve the remainder of the term which was previously held by John Allen, who resigned in February 2003. The term expires June 30, 2004.

Ms. Glembocki also asked the Board to reappoint committee members Mark Phelps and Adrian Wilhelm to renewed terms.

Action: The Board approved a motion to appoint Kevin Hannegan, 200 Firefly Road, to serve the remainder of a term expiring June 30, 2004 on the Parks and Recreation Advisory Committee and to reappoint members Adrian Wilhelm and Mark Phelps to new terms.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

6d. Parks and Recreation Program Policies, Procedures, and Fees Manual Amendments - Ms. Kennedy reviewed with the Board members proposed amendments to the Parks and Recreation Manual that was adopted October 15, 2002. She said the department proposes amendments to the following sections: Non-discrimination Policy, Fees and Charges; Youth Athletics; Youth and Teen Leisure Program; Adult Leisure Programs and the Before and After School Program. Mr. Bradley said that staff recommends approval of these amendments.

The main changes, she said, pertain to the weather policy; the before-school care program and a different way of paying instructors.

Commissioner Schifano asked if the department was planning to improve its ability to provide website alerts.

The Town Manager said the Town will launch an improved notification system on the website in July.

Action: The Board approved a motion to amend the Holly Springs Parks and Recreation Program Policies, Procedures and Fees Manual as recommended by town staff and with an additional verbiage change in the definition of a “non-resident” from “... does not pay a town water bill or town taxes” to “... does not pay a town water bill and town taxes.”

Motion By: Tedder

Second By: Schifano

Vote: Unanimous

A copy of the change pages of the Parks and Recreation Manual with all changes noted except for the definition of “non-resident” are incorporated into these minutes as addendum pages.

Ms. Kennedy then asked the Board if travel funds for all-star tournaments should be included in the program scholarship support provided by the Town to children who cannot afford participation costs.

Commissioners expressed concern that this would not be appropriate.

Mr. Bradley suggested that it could be taken care of outside the Town’s scholarship program and without town funds.

The Board agreed that would be the best approach.

6e. Holly Springs Car Wash, 03‑DP‑03 - Ms. Bailey said that the Holly Springs Car Wash is an existing non‑conforming use located between South Main Street and Raleigh Street. She said that the approximately 9,700 square‑foot site is located in the Town Village District.

The owner is proposing to restore the existing building to its original red brick and also is proposing to redesign the roof for a more traditional pitched roof design with a cupola that would compliment the nearby Town Hall building, she said.

Ms. Bailey said that one of the traditional car wash bays is being proposed for conversion into an automated car wash, which would require a slight alteration of the site to include a “payment pedestal” to serve the automated wash stall.

Ms. Bailey reviewed with the board that this project is before the board because the structure is a non‑conforming use, and the UDO does not permit additional structures to be erected in connection with a legally established non‑conforming use. She said that with the addition of the “payment pedestal,” an additional structure would be placed on the lot, and only the Town Board has the authority to modify this requirement for non‑conforming uses.

Ms. Bailey said that the redesign of the building’s roof and the addition of a cupola is considered to be a substantial change in the elevation. Therefore, the Town Board has the authority to review and take action on a plan that includes a substantial change in building design, according to the UDO.

Ms. Bailey reported that water and sewer exists at the site and a grease/oil trap also is on site and is functional. She added that an RPZ (backflow prevention device) needs to be installed on the water service to bring it up to current code.

Commissioner VanFossen suggested that closing Raleigh Street behind the property would be a wise thing for the Town to pursue.

Action: The Board approved a motion to approve to development plan #03‑DP‑03, Holly Springs Car Wash, as submitted by Preservation Homes with the following conditions:

1. That a recombination plat shall be submitted for review and approval and recorded according to town standards prior to construction drawing approval.

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

* Installation of RPZ

* Verification of grease/oil trap operation

3. (For the Town) That staff investigate the closing of Raleigh Street behind the property.

Motion By: VanFossen

Second By: Tedder

Vote: Unanimous

6f. Braxton Village North 03‑MAS‑03, Braxton Village North - Ms. Bailey reviewed with the Board members the request of Braxton Village North, which contains approximately 13 acres and is proposing a subdivision with 28 lots located between Braxton Village Phase 5 and Holly Glen Phase 9, north of Avent Ferry Road.

Ms. Bailey said that this subdivision would obtain access by an interconnected road network. She said the minimum lot size for this subdivision is 15,000 square feet with an average lot size of approximately 16,000 square feet. The maximum density allowable in this development is 2.25 units per acre, and 2.08 units per acre are being proposed she said.

Ms. Bailey said that the development meets the Town’s 10 Year Comprehensive Growth Plan which has identified this area as Medium Density Residential (2‑5 units per acre).

Ms. Bailey said the sidewalks are provided along roads inside the subdivision for adequate pedestrian circulation. In addition, the developer would provide greenway easements and construct 105 feet of greenway for public dedication. Therefore, the developer would be given credits toward the dedication requirements for the subdivision she said.

Ms. Bailey said that water and sewer is available, and that the developer would extend water and sewer through the adjacent development as needed. She said that a waterline connection would be required to Holly Glen and Braxton prior to Braxton’s being able to move further into its master PUD plan (a redundant connection for fire protection). A fee in lieu of pump station upgrade would be required for this site she said.

Ms. Bailey said the development of this site is dependent on the adjacent sites’ being developed. There would be limitations associated with development of this phase due to access and utility issues she said. There are adjacent plans under the review process that would meet this requirement, but it is up to the developer of each site to coordinate phasing to minimize these limitations.

Ms. Bailey said that staff has a concern about the fact that Lot 1 in this development currently is not meeting the minimum lot depth of 150 feet. She said the applicant is proposing to go before the Board of Adjustment for a variance to reduce the depth for this lot; however, staff recommends that the lot be used as a pocket park, or combined with the conforming lots. Ms. Bailey said that the Planning Board favors the petitioner’s intentions to request a variance from the Board of Adjustment.

Mayor Sears suggested that the Board discuss the access issue that exists with this site.

Commissioner Tedder said he wanted to see the plan for street inter-connectivity before taking action on the proposal.

Commissioner Atwell added that he would like to see plans for street inter-connectivity through surrounding properties as well.

Commissioner Schifano pointed out that this proposal represents the first R-15 project that has come before the Board and he would not want to do anything to discourage this type of larger-lot development

Action: The Board approved a motion to defer action on Preliminary Plan #03‑MAS‑03 Braxton Village North until a plan of street inter-connectivity could be provided for review.

Motion By: Atwell

Second By: Dickson

Vote: Unanimous

6g. CVS Costs – Mrs. Sudano reported to the Board that the developer and staff worked to come up with dependable costs of roadway and other off-site improvements that would be connected to the construction of the CVS store at the intersection of Holly Springs Road and Sunset Lake Road. The total estimate is $181,750, she said, adding that the Town could provide the developer with a number for payment in lieu of improvements of $177,500.

Commissioner Schifano pointed out that improved signalization at the intersection should require the Town to share in the cost because the improvement would be a benefit to the entire town and not just the development at those corners.

Mrs. Sudano pointed out that the cost of signal improvement at the intersection has a built-in town share in the cost.

Action: The Board approved a motion to endorse negotiated development costs for CVS as described.

Motion By: Tedder

Second By: VanFossen

Vote: Unanimous.

7. 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:

7a. Budget Amendment, $85,000 - Budget amendments to the FY 2002‑03 budget in the amount of $85,000 to move budgeted funds from the General Fund to the Street Project Fund for the Holly Springs/Bass Lake Road intersection were adopted. Copies of the budget amendments are incorporated into these minutes as an addendum pages.

7b. Budget Amendment, $30,000 - A budget amendment to the FY 2002‑03 budget in the amount of $30,000 to eliminate budgeted funds for the Main Street sidewalk from project fund #48, which is currently budgeted in the Transportation CIP fund, was adopted. A copy of the budget amendment is incorporated into these minutes as an addendum page.

7c. Budget Amendment, $7,500 - A budget amendment to the FY 2002‑03 budget in the amount of $7,500 to allocate funds for the World Changers project was adopted. A copy of the budget amendment is incorporated into these minutes as an addendum page.

7d. Town Hall Change Orders - Five (5) change orders to the construction contract for the Town Hall project were approved along with the associated budget amendment to the FY 2002‑03 budget in the amount of $11,665 to cover them. Copies of the contract change orders and budget amendment are incorporated into these minutes as addendum pages.

7e. Ordinance 03-06 - Ordinance 03‑06 to establish a Public Safety Answering Point Service was adopted. A copy of ordinance 03-06 is incorporated into these minutes as addendum pages.

7f. Minutes - Minutes of the Board’s budget workshop held on May 14 and its regular meeting held on May 20, 2003 were approved.

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

10. Other Business: None.

11. Manager’s Reports – Mr. Dean reported that staff and met with residents and would be looking internally at some changes to enhance the Town’s soccer program.

Mr. Pearson reported that he is working with a nearby town and county in economic development issues and wanted to advise the Board that he did not feel a conflict of interest would arise, but he wanted the board members to know about it.

12. Closed Session - The Board approved a motion to enter Closed Session, pursuant to G.S. 143-318.11(a)(6), to discuss the town manager’s performance evaluation.

Motion: Schifano

Second: Dickson

Vote: Unanimous

General Account Closed Session – June 3, 2003

The Board provided Mr. Dean with input of his job performance over the past year. The consensus of the Board was that the town manager is performing beyond expectations and should be provided a merit increase of 3%.

– End General Account

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

Action: Following a positive performance review, the Board approved a motion to award the Town Manager a 3% salary increase. The motion carried unanimously.

13. Adjournment – There being no further business for the evening, the June 3, 2003 meeting of the Holly Springs Board of Commissioners was adjourned following a motion, a second and a unanimous vote.

Respectfully Submitted on Tuesday, July 1, 2003.

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Joni Powell, CMC

Town Clerk

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