Town of Holly Springs

Board of Commissioners Regular Meeting

Tuesday, July 15, 2003

 

MINUTES

 

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, July 15, 2003 in the Council Chambers of Holly Springs Town Hall, 128 S. Main Street.  Mayor Dick Sears presided, calling the meeting to order at 7:04 p.m.  A quorum was established as the mayor and three board members were present as the meeting opened.

 

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

 

Board Members Absent:  Commissioners Peter Atwell and Steve Tedder.

 

Staff Members Present: Carl Dean, town manager; David Garrett of The Sanford Holshouser Law Firm standing in for the town attorney; Joni Powell, town clerk; Linda Harper, deputy town clerk, (recording the minutes); Larry Boykin, assistant finance director; Cecil Parker, chief of public safety; Alysia Bailey, senior planner; Gina Bobber, planning director; Kendra Thompson, senior engineer and David Summers, development inspector.

 

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

 

4.  Agenda Adjustment ‑ The July 15, 2003 meeting agenda was adopted with changes, if any as listed below.

Motion By: Dickson

Second By: VanFossen

Vote: Unanimous.

Items Added to the Agenda: None.

Agenda Items Removed: None.

Other Changes: None.

 

5a.  Public Hearing: Stone Tract Kildare Farm Rd. 03-REZ-02- Ms. Bailey explained to the Board that the applicant is proposing to rezone 35.40 acres of land located off of Kildare Farm Road and Ness Drive from R‑MF‑15: Multi‑family Residential District to R‑8: Residential District.            Ms. Bailey said the property is within an area designated for medium density residential development according to the Town=s Ten‑Year Comprehensive Growth Plan and is at the edge of the CAC‑ Community Activity Center.  She said medium density residential areas are to be developed at a density of two to five units per acre, and the maximum allowable density in the R‑8 zoning district is 4.5 units per acre.

Ms. Bailey said that down‑zoning this property from R‑MF‑15 to R‑8 would render it more compatible with the surrounding area, and would provide a good transition from the Community Activity Center node, to the existing residential development, located to the north.

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 action on Rezoning Petition 03-REZ-02 at the request of the petitioner until the August 19, 2003 Town Board meeting.

Motion By: VanFossen

Second By: Dickson

Vote: Unanimous

 

5b.  Public Hearing: Ordnance 03-12, UDO Amendment - Ms. Bailey said according to the UDO, the only time someone can ask for a waiver of roadway improvements is in conjunction with a preliminary plan (subdivision), and not with a development plan (site plan) or special exception use.  Ms. Bailey said staff believes that the original intent of the UDO was to allow the opportunity to request waivers for roadway improvements in conjunction with not only subdivision plans but development plans, and special exception uses as well. Therefore, staff has identified three amendments that should be made to ensure these capabilities.  The amendment proposals have been reviewed by the Technical Review Committee, and the Planning Board recommends approval.

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 adopt Ordnance 03-12 to amend Sections 9.01, f.,5; 9.05B., 12.,d; and 9.09, A of the Unified Development Ordinance.

Motion By:  Schifano

Second By:  Dickson

Vote: Unanimous

A copy of Ordnance 03-12 is incorporated into these minutes as an addendum page.

 

            Commissioner Schifano asked for discussion on item 6a on the Consent Agenda the Wake County Board of Education license agreement.  He asked if it was the Town’s intent to enter the agreement with a 6 year lease and he pointed out that the contract states that Wake County as the licenser may revoke the use of the area and remove or restore the property in the original state.

Mr. Dean explained to the Board that was the understanding and the area would be used for soccer fields beginning this fall and the Town’s upfront cost was approximately $20,000.  He said that Wake County was granting the town the use of the property for at least 6 – 8 years.

 

6.  Consent Agenda ‑All items on the Consent Agenda were approved following a motion by Commissioner Schifano a second by Commissioner VanFossen and a unanimous vote.  The following actions were affected:

6a.  Wake County Board of Education License Agreement - The Board ratified Wake County Board of Education license agreement.  A Copy of the Wake County Board of Education license agreement is incorporated into these minutes as addendum pages.

6b.  Budget Amendment, $37,000 - The Board adopted a budget amendment to the FY 2002‑03 budget in the amount of $37,000 to allocate funds for the public works department.  A copy of the budget amendment is incorporated into these minutes as an addendum page.

6c.  Town Hall Change Orders - The Board approved thirteen (13) change orders to the construction contract for the Town Hall project, along with the associated budget amendment to the FY 2002‑03 budget in the amount of $22,405 to cover them.  A copy of the contract change orders and budget amendment are incorporated into these minutes as addendum pages.

6d.  Minutes - Minutes of the Board=s regular meetings held on June 17 and July 1, 2003 were approved.

 

7a.   Appointment of Board of Adjustment In-Town Alternate Member - Ms. Bobber said that Mr. Bill Peebles, an in‑town alternate Board of Adjustment member resigned from the Board of Adjustment since he had moved outside of the Town's corporate limits.  Ms. Bobber said that his term was to expire on December 31, 2003.  The Town Board needs to appoint an Ain‑town@ alternate member to the Board of Adjustment to fill this vacancy.  As an in‑town alternate, the person in this position is only required to attend Board of Adjustment meetings when an in‑town regular member is unable to attend.

Ms. Bobber said that staff had received two (2) applications for this vacancy:  Stuart Wilder Allen, 412 Gooseberry Drive and Linda Hunt Williams, 280 Elmcrest Drive.

            Action: The Board appointed Linda Hunt Williams of 280 Elmcrest Drive to serve on the Board of Adjustment as in-town alternate, term to expire December 31, 2003. 

Motion By: Dickson

Second By: VanFossen

Vote: Unanimous

 

7b. Town Attorney Position - Mr. Dean explained to the Board that staff interviewed the top four candidates from among 16 original applicants.  Mr. Dean said that he has tentatively offered the full‑time staff position to John Schifano, pending his resignation from the Town Board of Commissioners.  Mr. Dean said that John held the best interview of the four, and staff believes that he was the strongest candidate.

Mr. Dean said that in order for John to accept this position, he must resign from the Town Board, and the Town Board must by motion accept his resignation.

Mr. Dean said that this would leave a vacancy on the Board that should be filled.  He said that the board has indicated that it would prefer this replacement to be a person who has no interest in the upcoming municipal election.  Mr. Dean said that nominations and action to fill the vacancy will be placed on the August 5 agenda.

Mr. Dean said that as for the Town Board's legal counsel, the Board had indicated that it would prefer to consider the person who was hired to also serve as Town Attorney.  Mr. Dean said the Town Board may want to discuss this in the Closed Session portion of the agenda.

            Commissioner Schifano presented the Board with a letter of resignation to be effective 12:01 a.m. Wednesday, July 16, 2003.

Action: The Board approved a motion to accept Commissioner Schifano=s letter from resignation of the Town of Holly Springs Board of Commissioners effective 12:01 a.m. Wednesday, July 16, 2003. 

Motion By:  VanFossen

Second By: Dickson

Vote: Unanimous

A copy of Commissioner Schifano’s resignation is incorporated into these minutes as addendum page.

 

7c.  Irrigation Well Policy Variance Request – Mr. Summers advised the Board that staff received a waiver request from Mr. & Mrs. Lassiter McCoy of 5300 Sunset Lake Road regarding irrigation well placement.  Mr. Summers said the McCoy's have an existing well, which is located less than the required 100 foot separation from the newly installed public water connection.

Mr. Summers said that Mr. & Mrs. McCoy were requesting the Town Board waive the irrigation well policy distance requirement.  He said that if this waiver is granted, the owner will be required to install an RPZ (pressure reducing valve) at the public water connection.

            Commissioner Dickson said that he opposed the variance request of the town’s irrigation well policy for fear of contaminating the town’s water.

            Commissioner Schifano said that if the water meter or line had been located on the Sunset Lake Road side of the house that would have allowed Mr. McCoy to meet the requirements to keep his well.  He felt the town may not have considered the location of Mr. McCoy’s well when locating the water line onto his property and therefore he would be in support of the variance request. 

            Mr. Dean said that effective July 1, 2003 under new State regulations the State is mandating that all RPZ’s require annual inspections.  There was further discussion regarding the State regulations among the town staff and the Board.

Action: The Board approved a motion to waive the 100 foot distance requirement of the irrigation well policy for Mr. & Mrs. Lassiter McCoy at 5300 Sunset Lake Road and to require installation of an RPZ (pressure reducing valve) at the public water connection.

Motion By:  VanFossen

Second By:  Schifano

Vote:  The vote carried 2-1Commissioners Schifano and VanFossen voted for, and Commissioner Dickson voted against.

 

8.  Public Comment B 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

 

9.  Other Business:   None.

 

10.    Manager=s Reports B Mr. Dean reported that the Emerging Issues meeting was scheduled for Thursday, July 17, 2003 at the town hall in the Council Chambers room at 4:30 p.m.

 

Mayor Sears said the State Department of Transportation will be funding $40.5 million to build a 2.3 mile stretch of the Outer Loop from U. S. 1 east to the Holly Springs NC Bypass. 

 

11.  Closed Session - The Board approved a motion to enter Closed Session, pursuant to G. S. 143-318.11(a)(6), to discuss the appointment of the Town Attorney.

Motion:  Dickson

Second: VanFossen

Vote: Unanimous

 

General Account Closed Session B July 15, 2003

The Board discussed making nominations for Commissioner to fill Commissioner John Schifano’s term and to appoint a new Town Attorney at the August 5, 2003 Town Board meeting.

B End General Account

 

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

Motion By: VanFossen

Second By:  Dickson

Vote: Unanimous

 

12.  Adjournment B There being no further business for the evening, the July 15, 2003 meeting of the Holly Springs Board of Commissioners was adjourned following a motion by Commissioner Schifano, a second by Commissioner VanFossen and a unanimous vote.

 

Respectfully Submitted on Tuesday, August 5, 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.