1/21/03 Meeting Minutes, Town of Holly Springs

Town of Holly Springs

Board of Commissioners Regular Meeting

Tuesday, January 21, 2003

MINUTES

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, January 21, 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 four board members were present as the meeting opened.

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

Board Members Absent: Commissioner Peter Atwell.

Planning Board Members Present: Lisa Martin, Jonathan Gibbons, Joseph Fanjoy, Glenn Myrto and Mike Taylor. With five members, a quorum of the Planning Board was present.

Staff Members Present: Carl Dean, town manager; Chuck Simmons, assistant town manager; Jim Holshouser, attorney at law, (in the absence of Ernest Pearson, town attorney); Joni Powell, town clerk (recording the minutes); Linda Harper, deputy town clerk; Gina Bobber, director of planning and zoning; Len Bradley, parks and recreation director; Drew Holland, finance director; Kendra Thompson, senior engineer; Stephanie L. Sudano, director of engineering; Alysia Bailey, town planner; and Eric Tayler, IT technician.

2 and 3. The pledge of allegiance was recited, and the meeting opened with an invocation by Rev. Lewis Gentry of Holly Springs Baptist Church.

4. Agenda Adjustment ‑ The January 21, 2003 meeting agenda was adopted with changes, as listed below.

Motion By: Dickson

Second By: VanFossen

Vote: Unanimous.

Items Added to the Agenda: Consideration of annexation ordinance A02-09 to annex property containing approximately 331 acres located along Optimist Farm Road and Pierce Olive Road was added under Unfinished Business as Item 7b.

Agenda Items Removed: Item 5f, a public hearing and action on Special Use Permit Application 02-SUP-04, Broadacre Park, and Preliminary Plan 02-MAS-09 were removed at the request of the applicant.

Other Changes: None.

5a. Public Hearing: Small Cities CDBG Scattered Sites 2003 - Mr. Larry Jarvis of The Wooten Company explained to the Board that the Town of Holly Springs is eligible to receive $100,000 to perform housing rehabilitation work under the CDBG Scattered Site Program. This public hearing is the second of two hearings that are part of the application process to help determine the scope of the project, to address the greatest needs and return of benefits to the Town of Holly Springs for this funding. This program would be the same as the Scattered Site project the Town completed in 2002, where $250,000 was used to rehabilitate four homes and replace one other, he said.

An outline of Mr. Jarvis’ comments are incorporated into these minutes as an addendum page.

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: None.

5b. Public Hearing: Oakhall 95-PUD-03-A01 - Ms. Bailey explained to the Board that this is a joint public hearing with the Planning Board to receive comments concerning a requested amendment to the Oakhall Planned Unit Development to add approximately 12 acres of land to the previously approved Oakhall PUD. The property is located on the east side of the NC 55 Bypass.

The amended plan would modify the existing road layout and add 35 single-family lots with an average lot size of 11,000 square feet to Phase 9 of the approved Oakhall PUD. The amendment also would add an additional three acres of open space as well as a tree preservation strip along the Bypass as well as a fence and evergreens.

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

John King, 204 Sawleaf Court – Mr. King is opposed to the PUD amendment because he feels the 12 acres would be better if used as a buffer between Oakhall and the proposed South Wake Landfill.

Lori Gray, 917 Bonhurst Drive – Ms. Gray told the Board that she is opposed to the PUD amendment because the resulting removal of the trees from the property might increase the noise level of the Hwy. 55 Bypass

Tim Kirwan, Oakhall Homeowners Association -- Mr. Kirwan, speaking on behalf of the Oakhall Homeowners Association, put forth complaints about the existing Oakhall development and its developer.

Mr. Kirwan’s written comments are incorporated into these minutes as addendum pages.

If it is approved, Mr. Kirwan said, Oakhall HOA would ask the Town Board to place conditions on the approval, including:

A requirement to rebuild the existing walking trail; requirement that he inform all builders that architectural approval must be given, according to Oakhall ovenants; litter control must be provided in construction sites; stream protection must be in place; clear-cutting of lots (which would increase noise, increased runoff, and negative aesthetic value) not be allowed; that builders follow all covenants; the maximum allowable bond be required because of the developer’s history; and that the Oakhall HOA be notified before closing of the bond. Mr. Kirwan said he does not feel that the developer has the best interest of the town at heart and requests that the town do all it can to make sure he does it right.

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

Commissioner Schifano asked if there was a tree buffer requirement on the Bypass.

Ms. Bailey said yes, a buffer of 100 feet is required; however, the developer proposes a smaller strip equipped with a fence and evergreens in lieu of the 100 feet.

Commissioner Schifano said he would not want the 100-foot buffer eliminated or replaced, and he agrees with a lot of the conditions suggested by Mr. Kirwan and the Oakhall HOA. He added that some disclosure regarding the proposed South Wake Landfill be mandated.

Commissioner VanFossen agreed

Action: The Board approved a motion to forward PUD Amendment application 95-PUD-03-A01-1 Oakhall, to the Planning Board for review and recommendation.

Motion By: Dickson

Second By: VanFossen

Vote: Unanimous

5c. Public Hearing: 02-REZ-10, William Shankle Property – Ms. Bailey explained that the applicant is requesting to rezone approximately 9.14 acres of land from Neighborhood Village District (NV) to Local Business District (LB). The property is located at the west corner of Sunset Lake Road and Holly Springs Road.

Ms. Bailey said the property is located within a Neighborhood Village District (NVD) node according to the Town’s Ten‑Year Comprehensive Growth Plan.

Ms. Bailey said the Local Business zoning designation would allow for many types of general retail and personal service establishments as well as office uses. However, any use involving gas pumps or drive-though service would be required to obtain a Special Exception Use Permit, which would require a public hearing and Board approval.

Ms. Bailey said that staff and the Planning Board recommend approval of the rezoning request.

Commissioner Schifano said that he feels the Town, as a policy, should require a written affidavit that property owners whose properties are effected by a rezoning request are amendable to changes.

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

William Shankle, Tri-South Properties – The applicant, Mr. Shankle explained that all of this property was zoned C-1 three years ago, but when the UDO was adopted, the property was redesignated. He said the request would basically return the property to its pre-UDO zoning. He added that property owners support his request, as far as he knows, from his contacts with them.

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

Action: The Board approved a motion to approve Rezoning Petition 02-REZ-10 to change the zoning of 9.14 acres at the intersection of Holly Springs Road and Sunset Lake Road from Neighborhood Village (NV) to Local Business (LB) as submitted by William Shankle.

Motion By: Dickson

Second By: VanFossen

Vote: Unanimous

5d. Public Hearing: 02-REZ-11, William Shankle Property – Ms. Bailey explained that the request is to rezone property containing .53 acres located at the intersection of Sunset Lake Road and Holly Springs Road from Residential-20 zoning to Neighborhood Village. Property in this area is designated according to the Ten‑Year Comprehensive Growth Plan as a Neighborhood Village district activity node.

Ms. Bailey said that many of the properties located at this intersection have already been rezoned to either a Neighborhood Village or Local Business to allow commercial development to occur as laid out in the Comprehensive Growth plan, and the requested zoning is in full conformance with that plan.

Town staff and the Planning Board recommend approval of the rezoning of the property from Residential-20 zoning to Neighborhood Village District, Ms. Bailey reported.

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 Rezoning Petition 02-REZ-11 to change the zoning of .53 acres at the intersection of Holly Springs Road and Sunset Lake Road from Residential-20 (R-20) to Neighborhood Village (NV) as submitted by William Shankle.

Motion By: Tedder

Second By: Dickson

Vote: Unanimous

5e. Public Hearing: 02-REZ-13, Harvey Montague – Ms. Bailey explained that the request is to rezone property containing 16.60 acres located northeast of Braxton Village and northwest of Holly Glen subdivisions from R-80, Wake County zoning to Residential-10 Holly Springs zoning. Ms. Bailey said that this property recently was annexed into the town limits, but currently has no zoning designation.

The rezoning request is in keeping with the zoning of the surrounding property and the Town’s Comprehensive Growth Plan, she reported, adding that staff and the Planning Board recommend approval of the rezoning request.

Commissioner Schifano said he felt that there is a lot of R-10 zoning in that area and he wondered if there would be a more suitable zoning designation.

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

Robert Blake, 321 Sycamore Creek Drive – Mr. Blake said, although his nearby property is similarly zoned, he is opposed to the density of the requested zoning. He said the entrance to the property is his street, and he does not believe that Sycamore Creek Drive is designed to handle that much traffic safely.

He said a less dense zoning district and an alternative access to the property would not be objectionable.

Steve Fuller, 320 Sycamore Creek Drive – Mr. Fuller is opposed to the zoning request for the same reasons stated by Mr. Blake. He added that he feels more development would also aggravate drainage problems in the area.

Phil Minich, 332 Sycamore Creek Drive – Mr. Minich is opposed to the rezoning for the same reasons as stated previously. He added that he feels his property value would drop if lesser quality homes are built on the property.

Colon Hobby – Mr. Hobby is a neighboring land owner and spoke in favor of the rezoning. He said he feels that the Holly Glen development is a good one.

Regis White, 109 Acorn Leaf Lane – Mr. White is opposed to rezoning because of the potential for development of the property, causing traffic congestion.

Greg Goch, 117 Acorn Leaf Lane – Mr. Goch said he is opposed to the rezoning. He said Sycamore Creek Drive is on rolling hills and already poses a safety hazard. He said he feels no further development needs to be added to the traffic load.

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

In discussion, Commissioner Dickson asked if the property was part of an existing master plan. Ms. Bailey said no.

Commissioner Dickson clarified that there is no zoning on the property and it needs to be something.

Commissoner Schifano said the Town should consider establishing and encouraging an R-15 zone. He said he feels the Holly Glen / Braxton Village area is way too dense for the existing infrastructure.

Commissoiner Tedder agreed with concerns about density and construction traffic. He suggested postponement of action, which may be to the developer’s benefit.

Commissioner VanFossen said he is concerned about construction traffic on Sycamore Creek Drive, but he’s not sure an R-15 zone would make a difference. He said he felt that the developer should look at extending Holly Meadow Drive to open up land-locked properties.

Mayor Sears suggested tabling this question until the next meeting

Action: The Board approved a motion to table Rezoning Petition 02-REZ-13 to research a lower density zoning district for the subject property.

Motion By: Schifano

Second By: Tedder

Vote: Unanimous

5f. Public Hearing: Special Use Permit 02-SUP-04, Broadacre Park Townhomes and Preliminary Plan 02-MAS-09 – This item was withdrawn from the agenda by written request of the applicant. A copy of the letter requesting withdrawal of the application is incorporated into these minutes as an addendum page.

5g. Public Hearing: Special Use Permit 02-SUP-05, General Concrete - Ms. Bailey said that General Concrete is currently located in the Holly Springs Business Park on Lot 5. A site plan for this project originally was approved on December 2, 1997.

Ms. Bailey explained that the applicant currently is applying for a Special Use Permit as part of an agreement to bring the site into compliance with Town ordinances. This request would provide approval for the existing business‑related outdoor storage that exists on the property.

Ms. Baily reported to the Board that the applicant is proposing to screen the existing outdoor storage with a six-foot wooden fence. Buffers along the perimeter of the site are not proposed in this request, but are a part of an agreement that was made by the property owner. She noted that, according to the conditions made on the approval of Special Use Permit 02‑SUP‑01, the buffer plantings were to be installed no later than December 31, 2002.

With that explanation completed, Mayor Sears opened the public hearing to accept sworn testimony. The following testimony, offered under oath administered by the Town Clerk, was recorded:

Rosemary Clifford – Ms. Clifford said all outdoor storage is now hidden from the roadway, but she is not sure about what is required of her regarding buffers and landscaping.

Commissioner Tedder pointed out that planting of landscaping was a condition of approval of 02-SUP-01 and that it has not been done. He said he is not inclined to act favorably on this application.

Ms. Bobber explained that in 1997, site approval was provided by the town, showing a landscape plan to be followed. Ms. Clifford says somewhere along the line, the town gave her permission to omit the landscaping, but there are no records to indicate this.

When Ms. Clifford approached the town about a special use permit to allow for outdoor storage of gas tanks, several other violations were noticed and ordered to be fixed up, including the landscaping to be installed by Dec. 31, 2002 along the front of her second lot, Ms. Bobber said.

Ms. Clifford said she did not forget that she needs to the landscaping, but was told by the town that she could wait until action was taken on the new special use permit.

Apparently, there was confusion in Ms. Clifford’s mind as to what was in violation of code on her site versus what is in violation of the conditions of her special use permit.

To clear things up, the Board directed that the Planning Department provide Ms. Clifford with a copy of the landscaping plan on file and that she would be given until April 1 to provide the plantings as required by 02-SUP-01.

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

The Board found that testimony, the application and related site plan satisfy this condition.

5. 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.

The Board found that testimony, the application and related site plan satisfy this condition.

6. The type, size and intensity of the proposed use, including 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.

The Board found that testimony, the application and related site plan satisfy this condition.

Motion By: Schifano

Second By: VanFossen

Vote: The motion carried, 3-1. Commissioner Dickson voted against.

Action #2: The Board approved a motion to grant Special Use Permit # 02‑SUP‑05 for General Concrete to allow for business-associated outdoor storage as submitted by Jones and Cnossen Engineering, Project Number 9866, dated Revised 12/09/02 with the following two (2) conditions:

1. A 10-foot opaque fence must be installed around the perimeter of the outdoor storage area by April 30.

2. The following item is to be included on construction drawings (later in the approval process):

* Any additional lighting must be provided on a lighting plan.

Motion By: Schifano

Second By: VanFossen

Vote: Unanimous.

A copy of Special Use Permit Application 02-SUP-05 is incorporated into these minutes as addendum pages.

Commissioner Tedder noted that all details of this action be made in writing and initialed by Ms. Clifford so that there is no future misunderstanding.

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

6a. Budget Amendment $12,835 -The board adopted a budget amendment to the FY 2002‑03 budget in the amount of $12,835 to purchase a thermal imaging camera for the Department of Public Safety. A copy of the budget amendment is incorporated into these minutes as an addendum page.

6b. Budget Amendment $18,530 -The board adopted a budget amendment to the FY 2002‑03 budget in the amount of $18,530 for reimbursement of funds from first Carolina Properties to relocate a force main for the Holly Springs Crossing Shopping Center. Copies of the budget amendments are incorporated into these minutes as addendum pages.

6c. Budget Amendment $22,800 - The board adopted a budget amendment to the FY 2002‑03 budget in the amount of $22,800 for reimbursement of funds from S&N Communications for sewer main repairs at the Holly Springs Crossing Shopping Center construction site. Copies of the budget amendments are incorporated into these minutes as addendum pages.

6d. Budget Amendment $2,590 -The board adopted a budget amendment to the FY 2002‑03 budget in the amount of $2,590 for insurance proceeds from damage of a police vehicle. A copy of the budget amendment is incorporated into these minutes as an addendum page.

6e. Special Meeting - The Board set a special meeting of the Town Board to begin at 6 p.m., Friday, January 31, 2003 and to end approximately at noon Sunday, February 2, 2003 at the Sheraton Grand meeting facility in New Bern, for the purpose of a board retreat.

6f. Resolution 03-02 - The board adopted Resolution 03-02 directing the Town Clerk to investigate the sufficiency of annexation petition A03-01 and to set a public hearing on the question of annexation for February 4, 2003. A copy of Resolution 03-02 is incorporated into these minutes as an addendum page.

6g. Minutes - Minutes of special and regular meetings held on December 3, and 17, 2002 and January 7, 2003 were approved.

6h. Budget Amendment $1,590 - The board adopted a budget amendment to the FY 2002‑03 budget in the amount of $1,590 to cover final costs for the Womble Park bandstand/picnic shelter project. A copy of the budget amendment is incorporated into these minutes as an addendum page.

7a. Unfinished Business: 02-MAS-05, Newbury Park - Ms. Bailey explained that at the May 21, 2002 Town Board meeting, the Board voted to table this request for Newbury Park. The Board expressed concerns over the single access off of Sunset Lake Road and the lack of open space.

Ms. Bailey explained that the new plan is a revised subdivision plan for 64 single‑family lots located in a Residential‑10 zoning district. The site is located off of Sunset Lake Road between Heritage Meadows Lane and Turner Drive. The plan conforms to the standards for R‑10 residential development. There is a 20’ buffer around the perimeter of the site, and a 50’ semi‑opaque landscaped area off of Sunset Lake Road.

Because the Ten Year Comprehensive Growth Plan for this area does not call for parks or greenway trails, the land designated as open space would be private and a fee‑in‑lieu of land dedication is being recommended by staff. The average size lot would be 10,781 square feet and the proposed open space is 1.1 acres (.32 acre tot lot).

Staff recommends approval with conditions, Ms. Bailey said.

Action: The Board approved a motion to approve Newbury Park, 02‑MAS‑05 preliminary plan as submitted by Stewart and Proctor, PLLC, with the following six (6) conditions:

1. A fee‑in‑lieu of land dedication must be paid prior to final plat approval.

2. Dedication of ROW on Heritage Meadow as shown on plan will be required.

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

• Recorded plat showing downstream offsite sewer easements needed to serve project will be required with first construction drawing submittal.

• Provide wetland documentation at construction drawing submittal

• Hydraulic analysis will be required.

Improvements to the downstream Turner & Sunset pump stations will be required to support this development. Financial participation and/or upgrades based on flow will be required.

4. Improvements to the downstream Turner & Sunset pump stations will be required to support this development. Financial participation and/or upgrades based on flow will be required.

5. To implement the “Middle Creek Bridge fee‑in‑lieu of assessment” fee on lots developed as part of this plan.

6. That construction within the subdivision be site-built homes only.

Motion By: Tedder

In discussion, Commissioner VanFossen said he was concerned about the two access points because he feels the discussions were concerns about double access.

Commissioner Tedder said the plan may be better with only one access. He said the planners obviously tried to address the Board’s concerns, but really two accesses are not great on Sunset Lake Road, he said.

Second By: Schifano

Commissioner Tedder suggested that the Board go forth with a vote to approve this plan, so as not to hold up any further progress, but if the developer wants to come back with an amendment showing only one access, the Board would be willing to take a look at it.

Vote: Unanimous.

Action #2: The Board approved a motion directing that if the applicant comes back with amendment to the Newbury Park plan to show only one access point, the $50 fee will be waived.

Motion By: Dickson

Second By: VanFossen

Vote: Unanimous.

7b. Annexation Petition A02-09, Bryan Properties - Mr. Dean explained that action on this item was tabled at the last Town Board meeting following the public hearing and was added to the agenda for action.

He reminded the Board that the petition requests to annex approximately 331 acres of property located along Optimist Farm and Pierce Olive Roads. The petition meets all the statutory requirements for voluntary annexation.

Mr. Dean added that the developer is requesting allocation of wastewater allocation for 600 units, pending town board approval of the pending Sunset Oaks PUD.

Action: The Board approved a motion to adopt Annexation Ordinance A02-09, to annex property containing approximately 331 acres located along Optimist Farm Road and Pierce Olive Road as submitted by Bryan Properties.

Motion By: Tedder

Second By: Dickson

Vote: Unanimous

A copy of A02-09 Annexation Ordinance is incorporated into these minutes as addendum pages.

Action #2: The Board approved a motion to approve wastewater allocation for 600 units for this property, pending the approval of a pending PUD application.

Motion By: Tedder

Second By: VanFossen

Vote: Unanimous

8a. Bass Lake Fisheries Management Plan – Mr. Bradley presented the with a proposed agreement between the Town of Holly Springs and the North Carolina Wildlife Commission for developing and conducting a fisheries management plan at Bass Lake.

The agreement states that the Wildlife Commission would stock Bass Lake with brim, large-mouth bass and channel catfish; fish food would be provided; rods and reels for a loaner program would be provided; and tackle boxes to be given to all first-time fishermen under the age of 16 would be provided. The Wildlife Commission would pay for 75% of the cost, and the Town’s share would be 25%, although an exact amount is not known.

Mr. Bradley said, and commissioners agreed, that the agreement represents a huge savings for the Town over doing it on its own.

Action: The Board approved a motion to approve the Memorandum of Agreement and Fisheries Management Plan for Bass Lake with the North Carolina Wildlife Resources Commission.

Motion By: Tedder

Second By: VanFossen

A copy of the Memorandum of Agreement and Fisheries Management Plan are incorporated into these minutes as addendum pages.

8b. Parks and Recreations Survey - Mr. Bradley said that the Recreation Advisory Committee desires to present to the Board a draft of a parks and recreation needs assessment survey. The survey is the first step in planning for facilities and the creation of a Parks & Recreation Master Plan.

Mr. John Allen, vice chair of the committee, addressed the Board. He said the surveys would be available for residents to fill out at town hall, at various parks and recreation programs and registrations; at churches and with neighborhood organizations. He said the committee feels if the Town can get between 100 and 200 responses, the survey will be successful.

Action: The Board approved a motion to approve the parks and recreation needs assessment survey and directed that the Mayor draft a letter requesting the public’s assistance to the survey.

Motion By: Dickson

Second By: VanFossen

Vote: Unanimous.

8c. NC 55/Holly Springs Road Intersection Utility Relocation - Mrs. Thompson explained to the Board members that construction plans are in the final stages and the utility companies (Sprint, CP&L, and Timewarner Cable) have provided Town staff with preliminary cost estimates for relocating the existing facilities at the NC 55/Holly Springs Road intersection.

Mrs. Thompson said that Sprint proposes to locate their services underground and would like to take advantage of the timing of the intersection project. The cost estimate is $42,510, which includes the Eckerds and Walgreens frontages.

Mrs. Thompson said also CP&L has given the Town two cost estimates ‑ one each for overhead relocation and underground relocation. The estimated overhead relocation cost is $88,860, and the estimated underground relocation cost is $350,000 (plus customer service line conversions that may need to take place, which should be minimal, according to CP&L).

Mrs. Thompson also noted that if the underground option is chosen, a deposit in the amount of $35,000 would be due immediately before CP&L would proceed with right of way acquisition. She said Mr. Dean has indicated he would be checking into a delay of that deposit with CP&L.

The Board discussed the desirability of the underground utilities compared to the expense. In the end, the Board reluctantly decided it would be best to choose the least expensive options.

Action: The Board directed that CP&L utilities should be relocated above ground and that Sprint should proceed with its plans to relocate its lines underground in coordination with the intersection improvements work.

8d. Cabling Bids for New Town Hall - Mr. Simmons said bids were opened to install data cabling for the New Town Hall and police station on Friday morning. The Town received four (4) bids, but one was disqualified because the firm did not meet all the specifications of the request for proposals. All three remaining bids are less than was anticipated and would be allowed by the budget for the Town Hall project, Mr. Simmons said.

The range in quotes was between a low of $32,805 and the high of $36,913, he added.

Commissioner Schifano asked if staff had considered installation of a wireless system. Mr. Tayler explained that he would not recommend wireless because of the amount of steel in the building and the expense.

Mr. Simmons said that he and Mr. Tayler had reviewed the bid documents and had conducted a check of references. They recommend the Board consider awarding the bid to NCT in the amount of $36,774.02.

Action: The Board approved a motion to award the bid to NCT in the amount of $36,774.03 for the installation of data cable in the new Town Hall.

Motion By: Schifano

Second By: VanFossen

Vote: Unanimous

A copy of the bid tabulation sheet is incorporated into these minutes as addendum pages.

8e. Town Hall Parking Lot Bids - Mrs. Thompson said that, at the Manager's direction, Town staff solicited informal bids for construction of the Town Hall parking lot that will join the Town Hall and the commercial Mims site. Engineering staff received bids from three different contractors for the portion of the project from the Town’s property line south: Duke Construction; Horizon Construction, which is currently on the job at the Mims site; and Gelder and Associates.

Mrs. Thompson eported that Duke Construction did not submit a bid; that Horizon bid $97,116.40; and Gelder bid $57,814.

She said staff recommends the Board award the bid to Gelder & Associates, Inc. in the amount of $57,814 with a 10% contingency.

Action: The Board approved a motion to award the bid for the Town Hall parking lot construction to Gelder & Associates, Inc. in the amount of $57,814 with a 10% contingency and to adopt a budget amendment to the Town Hall Project Fund in the amount of $86,000 to cover the award as well as align other line items in the Project Fund.

Motion By: VanFossen

Second By: Tedder

Vote: Unanimous

A copy of the bid proposals are incorporated into these minutes as addendum pages. A copy of the budget amendment is incorporated into these minutes as an addendum page.

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:

Jonathan Gibbons – Mr. Gibbons asked if the NC 55 Bypass can be lined with trees as a noise barrier, and he asked about if and when directional signs would be erected.

10. Other Business: None

11. Manager’s Reports – Mr. Dean reported that the 2003 Town Board Winter Retreat is set for Jan. 31-Feb.2 at the Sheraton Grand in New Bern; that a letter has been sent to David Cooke regarding a library for Holly Springs; and that Mayor Sears was named Citizen of the Year by the Holly Springs Chamber of Commerce.

12. Closed Session - The Board approved a motion to enter Closed Session, pursuant to G.S. 143-318.11(a)(3) to discuss with the Town Attorney’s representative Gov. Holshouser matters relating to the North Carolina towns and counties lawsuit over the States’ withholding of local revenues.

Motion: Tedder

Second: Dickson

Vote: Unanimous

General Account

The Board discussed some of its options and decided not to be party to the current litigation.

– End General Account

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

Motion By: VanFossen

Second By: Schifano

Vote: Unanimous

13. Adjournment – There being no further business for the evening, the January 21, 2003 meeting of the Holly Springs Board of Commissioners was adjourned at 9:55 p.m. following a motion by Commissioner Dickson, a second by Commissioner VanFossen and a unanimous vote.

Respectfully Submitted on Tuesday, February 18, 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.