Town of Holly Springs

Board of Commissioners Regular Meeting

Tuesday, July 1, 2003

 

MINUTES

 

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, July 1, 2003 in the multi-purpose room 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 Steve Tedder, John Schifano, Chet VanFossen, Peter Atwell, and Hank Dickson and Mayor Sears.

 

Board Members Absent: None.

 

Staff Members Present: Carl Dean, town manager; Ernest C. Pearson, town attorney; Joni Powell, town clerk; Linda R. Harper, deputy town clerk (recording the minutes); Len Bradley, parks and recreation director; Drew Holland, finance director; Stephanie L. Sudano, director of engineering; Rodney Campbell, engineering department; Kendra Thompson, engineering department; Luncie McNeill, public works director; Wayne Wilhelm, public works department; Alysia Bailey, senior planner; Jennifer Mizelle, economic development director; Cecil Park, chief of public safety; and Gina Bobber, planning director.

                                                           

2 and 3.  The pledge of allegiance was recited, and the meeting opened with an invocation by Rev. Horace Ferguson, pastor of the Holly Springs United Methodist Church.

           

4.  Agenda Adjustment ‑ The July 1, 2003 meeting agenda was adopted with changes, as listed below.

            Motion By: Dickson

            Second By: Atwell

            Vote: Unanimous.

            Items Added to the Agenda:  None.

            Agenda Items Removed: None.

            Other Changes: None.

 

5. Town Code Enforcement Procedures for Violations - Ms. Bobber explained that the board had previously requested that staff make a brief presentation on various violation types and their specific enforcement provisions.  She said the information provided in agenda packets explains the types of general violations, and who’s responsible for enforcing the various regulations, and what provisions are in place for staff to use when working with property owners in violation.  Ms. Bobber said a full presentation would be provided at a later date.

 

Action:  None.

           

6.  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:

            6a.  Budget Amendment, $653,600 - Budget amendments to the FY 2002‑03 budget in the amount of $653,600 to assign installment financing for construction of Bass Lake Visitor’s Center were adopted.   A Copy of the budget amendments are incorporated into these minutes as an addendum pages.

            6b. Planning & Zoning Sign Permit Fees Amendment – The Board adopted the Planning & Zoning fee schedule amendment to add sign permit (permanent or temporary, except for temporary grand opening signs) $50.00. 

            6c. Inter-agency Agreement with NC Department of Transportation – The Board entered an Inter-Agency agreement with North Carolina Department of Transportation for mowing of the NC 55 By-pass.  A copy of the Inter-Agency NC 55 By-pass mowing agreement with NC Department of Transportation is incorporated into these minutes as addendum pages.                         

            6d. Ordinance 03-10 - Ordinance 03‑10 to amend the Town Code pertaining to privilege licenses was adopted.   A copy of ordinance 03-10 is incorporated into these minutes as addendum pages.    

            6e. Ordinance 03-11 – Ordinance 03-11 amending Section 4-1011 signs in the right-of-way was adopted.  A copy of ordinance 03-11 is incorporated into these minutes as addendum pages. 

            6f. Minutes - Minutes of the Board’s regular meeting held on June 3, 2003 were approved.

            6g. Budget Amendment, $1,500 - A budget amendment to the FY 2002‑03 budget in the amount of $1,500 to  cover accrued interest for BB&T debt refinancing was adopted.  A copy of the budget amendment is incorporated into these minutes as an addendum page.

 

7a. Parks and Recreation Advisory Committee Appointments – Committee Chairperson Patty Glembocki explained to the board the Parks and Recreation Advisory Committee had received applications of interested applicants to serve on the board.  Ms. Glembocki said the committee recommends the Boards appoint Bill Banks of 116 Gablewood Lane and Joe J. Hodges of 404 Texanna Way.

 

            Action:  The Board approved a motion to appoint Bill Banks of 116 Gablewood Lane and Joe J. Hodges of 404 Texanna Way to serve on the Parks and Recreation Advisory Committee.

            Motion By:  Tedder

            Second By:  Atwell

            Vote:  Unanimous

 

7b.   Backflow/Cross-Connection Manual and Ordinance 03-09 – Luncie McNeill explained that the request was to approve Ordinance 03-09, backflow/cross-connection preventions.  Mr. McNeill said effective July 1, 2003 the State is mandating that there be a responsible operator in charge for the cross-connection control facilities of the Town's water distribution system.  He said that this regulation applies to all public water systems that have five or more backflow prevention devices.

Mr. McNeill said that according to the ordinance, the operator would possess a valid Grade Cross-Connection Control Certificate issued by the certification board and Wayne Wilhelm will be the operator for the Town of Holly Springs.

Mr. McNeill said that staff recommendation is to adopt Ordinance 03-09 following the Board's satisfactory review or adoption of the ordinance as amended with any recommended changes.

            Mr. Wilhelm recommended that in “Section 7.  Facilities Requiring Protection,” under “7.19 Lawn irrigation systems (split taps)” to amend this section by deleting  the following “a. No Health Hazard; DCVA” and “b. Health Harzard: (Booster Pumps, Chemical Systems): RP and to add  “a.  Health Hazard: RP.”

            Action:  The Board approved a motion to adopt Ordinance 03-09 for the control of backflow and cross-connectiion and endorsed the Backflow / Cross-connection Control Procedures Manual subject to amend Section 7- Facilities Requiring Protection, 7.19 Lawn irrigation systems (split taps): to delete “a. No Health Hazard; DCVA” and change “b. Health Harzard: (Booster Pumps, Chemical Systems): RP as “a.  Health Hazard: RP.”

            Motion By:  Tedder

            Second By:  Atwell

            Vote:  Unanimous

            A Copy of the draft Ordinance 03-09 and Backflow / Cross-Connection Control Procedures Manual are incorporated into these minutes as addendum pages.

 

7c. Irrigation Well Policy Statement – Mrs. Sudano explained that the Town's irrigation well policy statement addresses the location and required standards for the Town’s water customers who wish to have a well for irrigation purposes. 

Mrs. Sudano said that several residents have, since the policy was adopted, requested a variance from the portion of the policy statement that requires any irrigation well to be located on the opposite side of the house from the domestic water service, permitting them to keep their wells for irrigation.  She said as of to date, there has been a handful of individuals who have pursued this variance, but have not been permitted to have the variance.

Mrs. Sudano said that as the Fair Share Project deadline approaches for residents to be permitted Town services without connection fees, the Town is getting more and more requests from these residents for variances. 

            Commissioner Tedder said that he thinks this was a reasonable request and would be in favor of the 100’ requirement from water and sewer lines. 

Mrs. Sudano said that the requirement of 100’ distance from the water/sewer meter and/or the wells on the opposite side of the house would allow 70% of the residence in the Fair Share area to keep their wells for irrigation.   Mrs. Sudano discussed with the Board members the State regulations of the distance requirement between wells and sewer lines. 

            Commissioners Vanfossen and Atwell concerns were contamination of the town’s water, what fines can the Town impose on violators and who would be policing for violations.

            Mrs. Sudano said town staff would be observing residents with wells for violations and the town could impose fines of $1,000 per day and not to exceed $10,000.00. 

            Parrish Womble asked the Mayor if he could speak on this issue at this time instead of at the end of the meeting.  Mayor Sears said that it would be fine to do so.

            Mr. Womble told the board that Mr. and Mrs. McCoy lives at the corner of Lassiter Road and Sunset Lake Road, he was informed by the town’s contractor or by some source that he would be able to keep his well.  Mr. Womble said that they would like to keep their well but the well is located on the same side of the house as the water meter, which the current irrigation well policy prohibits.  

 

Action:    The Board approved a motion to amend the policy statement to allow irrigation wells 100 feet away from the public water service or on the opposite side of the house (on a parallel plane), whichever is less restrictive.

Motion:  Schifano

Second:  Atwell

Vote:  Unanimous

A Copy of the Irrigation Well Policy Statement P-08 as amended is incorporated into these minutes as addendum pages.

 

7d.   NC 55/Holly Springs Road Intersection Design Alternatives – Ms. Thompson said that over the past few months, engineering staff has worked with the design engineer for this project preparing the preliminarily evaluate bidding alternatives.  Ms. Thompson said that as a result of reviewing those alternatives, and working with a contractor to estimate the project, staff believes that the project can be accomplished within the budgeted funds.

Ms. Thompson said that staff's recommendation is to formally incorporate the alternatives into the completed design plans so the project can be awarded - either in its original design - or modified to reduce cost.  She said in the last board presentation regarding this project, additional design services are necessary to accomplish this project.

Ms. Thompson said the proposal funds are budgeted in the amount of $16,467. 

 

Action:  The Board approved a motion to enter a professional services agreement with CH Engineering for the NC 55/Holly Springs Road intersection design alternatives in the amount not to exceed $16,467.

Motion By:  VanFossen

Second By:   Dickson

Vote:  Unanimous

A Copy of the CH Engineering agreement is incorporated into these minutes as addendum pages.

 

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

 

Parrish Womble of 114 Hickory Avenue- requested the Board to consider allowing Mr. & Mrs. McCoy to keep their well for irrigation purposes.  The Board discussed the location and distance of the well.  The Board determined that Mr. McCoy would need to request from the Town for a variance of the irrigation policy. 

           

 9.  Other Business: None.

 

10.  Manager’s Reports – Mr. Dean reported that the Board Chambers will be complete before the July 15th Town Board meeting and the plaza completed within 30 days.  Open house would be scheduled for mid August, 2003. 

 

            Mr. Bradley reported on the progress of Bass Lake and the Bass Lake Visitors Center projects.  Also, he reported on the progress of an inter-local agreement with Wake County Board of Education for use and design of the school property located on Avent Ferry Road.  Mr. Bradley encouraged the Board to think about making fund commitments to this project for bathroom facilities and lighting of the fields. 

 

11.  Closed Session – None.

 

12.  Adjournment – There being no further business for the evening, the July 1, 2003 meeting of the Holly Springs Board of Commissioners was adjourned at 8:05 p.m. following a motion by Commissioner Atwell, a second by Commissioner Dickson and a unanimous vote.

 

Respectfully Submitted on Tuesday, July 15, 2003.

 

 

 

 

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Linda R. Harper

Deputy Town Clerk

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