2/18/03 Meeting Minutes, Town of Holly Springs

Town of Holly Springs

Board of Commissioners Regular Meeting

Tuesday, February 18, 2003

MINUTES

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, February 18, 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 three board members were present as the meeting opened.

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

Board Members Absent: Commissioners Schifano and Atwell.

Staff Members Present: Carl Dean, town manager; Chuck Simmons, assistant town manager; Ernest C. Pearson, town attorney; Joni Powell, town clerk (recording the minutes); Gina Bobber, director of planning and zoning; Len Bradley, parks and recreation director; Jennifer Mizelle, director of economic development; Drew Holland, finance director; Kendra Thompson, senior engineer; Stephanie L. Sudano, director of engineering; Heather Keefer, environmental inspector; Rodney Campbell, lead development inspector; Alysia Bailey, town planner; and Preston Short, code enforcement officer.

2 and 3. The pledge of allegiance was recited, and the meeting opened with an invocation by Rev. Gary Allred, pastor of Sunrise Methodist Church.

4. Agenda Adjustment ‑ The February 18, 2003 meeting agenda was adopted with changes, as listed below.

Motion By: Dickson

Second By: VanFossen

Vote: Unanimous.

Items Added to the Agenda: None.

Agenda Items Removed: None.

Other Changes: None.

5. Soil and Erosion Control Program Award - Mayor Sears recognized Heather Keefer, CFM, and Rodney Campbell of the Town=s Engineering Department with a letter of congratulations for being awarded a statewide award for the local sedimentation and erosion control program.

6a. General Concrete Landscaping Plan – In a follow-up report requested by the Town Board, Ms. Bailey explained the file history of the required landscaping at the site of General Concrete.

She presented the following outline of events:

* December 2, 1997 – Town Board Meeting: [97‑COM‑16] Site Plan for General Concrete was approved with the condition that all town buffering and landscaping regulations be met.

* January 20, 1999‑ Town Board Meeting: Ms. Clifford requested that the December 2, 1997 condition that the site meet all town buffering and landscape regulations be withdrawn. The Board denied the request.

* January 5, 1999 – Town Board Meeting: A minor plan amendment was approved to allow for a flex space building.

* June 15, 1999 – Town Board Meeting: An amendment to the Site Plan was approved allowing the postponement of the installation of landscaping until neighboring [Phase 2] construction is completed.

* June 15, 2000 ‑ Amended Phasing Plan approved June 15, 1999 is void due to inactivity. ZONING ORDINANCE SECTION 9‑4042.6: "Any permit issued shall become invalid unless the work authorized by it shall have been commenced within six (6) months of its date of issue, or if the work authorized by it is suspended or abandoned for a period in excess of one year."

* July 16, 2002 – Town Board Meeting: [02‑SUP‑01] A Special Use Permit approved for the installation of three outdoor diesel fuel tanks with the condition that the property must be brought into compliance by December 31, 2002 and violations after said date will be subject to fines of $50.00/day.

* January 21, 2003 – Town Board Meeting: [02‑SUP‑05] A Special Use Permit to bring site into compliance with the town's outdoor storage regulations was approved with the condition that a 10' opaque fence be installed around the perimeter of the storage area by April 30, 2003.

Mr. Short explained that he had explained to Ms. Clifford about the difference between business-related storage and code violation storage such as junk cars, boats, etc. He said he was clear with her that he was talking in reference to the code violations on her site when he advised her that removing the items would bring her site into compliance with the Code, but not necessarily the conditions of her Special Use Permit, a separate issue.

Still, Ms. Clifford believed that if she removed all the outdoor storage materials that were in violation of the Town Code, then she would be in compliance with Town requirements and not be required to install landscaping and buffers.

Mr. Short said he thought he had clearly communicated that her cleaning up of her site

would not be mitigating the requirement for installation of landscaping and buffers.

Based on Ms. Clifford’s comments at the Jan. 21, 2003 Town Board meeting, she did not understand this.

Board members agreed that Ms. Clifford is confused but that she should be aware now that landscaping and buffers as described is, indeed, required and must be installed by April 30, 2003.

Action: None required

6b. Bass Lake Visitors Center Bids Update - Commissioner VanFossen explained that he had met with representatives of R. P. Construction, the low bidder for construction of the Bass Lake Retreat Center on Friday, February 14, 2003. He said the purpose of the meeting was to bring R. P. Construction's low bid of $770,000 down to the $600,000 range, if possible.

Commissioner VanFossen reported that negotiations resulted in a reduction in the bid price down to approximately $640,000 and that there are still a few structural modifications that could further reduce the cost. He suggested the Town Board award the construction contract with a $650,000 cap with no contingency.

Action: The Board approved a motion to award the bid for construction of the Bass Lake Visitors Center to R. P. Construction in an amount not to exceed $650,000.

Motion By: VanFossen

Second By: Tedder

Vote: Unanimous.

A copy of the R. P. Construction Contract is incorporated into these minutes as addendum pages.

7. 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:

7a. Budget Amendment $1,910 -The board adopted a budget amendment to the FY 2002‑03 budget in the amount of $1,910 to receive insurance proceeds for damages to a town vehicle. A copy of the budget amendment is incorporated into these minutes as an addendum page.

7b. Budget Amendment $6,200 - The board adopted a budget amendment to the FY 2002‑03 budget in the amount of $6,200 to receive insurance proceeds for damages to a town vehicle. A copy of the budget amendment is incorporated into these minutes as an addendum page.

7c. Hazard Mitigation Plan, Resolution 03-03 - The board adopted Resolution 03-03 designating Town=s agents in its application for Hazard Mitigation Plan FEMA funds. A copy of Resolution 03-03 is incorporated into these minutes as an addendum page.

7d. Bibleway Court Right Of Way Appraisals - The board agreed to substitute a previously-awarded professional services agreement with a new agreement with Harris Appraisal Services for right of way appraisals on Bibleway Court. A copy of the Harris Appraisal Services contract is incorporated into these minutes as addendum pages.

7e. Minutes- The board approved minutes of the Board=s regular meeting held January 21, 2003.

8a. Holly Springs Village Center, 02-MAS-11 - Ms. Bailey explained to the Board this request is for the approval of a master subdivision plan for an incremental non‑residential subdivision called Holly Springs Village Center. The purpose of the Incremental Non‑residential Subdivision is to provide the developer with an opportunity to have a large-scale project review and receive approval with the overall concept and scheme for the development when the individual lot design and building placement is not yet known.

This allows lots to be subdivided and sold with each phase submitted for Development Plan Review and approval at a later date for the building, parking, and landscaping design details, Ms. Bailey said.

The proposed subdivision plan is allotting for office and retail development and has provided assurances that it would meet all development standards for lot size and access as specified for the Community Business zoning district. The plan is proposing to have six (6) out lots ranging in size between one and two acres around the perimeter of the site and an interior lot that would be comprised of as much as 34 acres. The total land area of the proposed subdivision is approximately 40 acres.

Mrs. Sudano said water and sewer would be extended to the site by the developer. Water is located in the right of way on Avent Ferry Road and would be extended from the old NC55 across the Bypass to the site. On January 17th, the developer submitted the first sewer study for staff review. It proposes sewer for this site to be provided by a pump station and connecting a force main into the existing Trotters Bluff sewer. Staff is working with the developer=s engineer to come up with alternate means of sewer for the site.

Mrs. Sudano said that staff has received a Traffic Impact Analysis for this project. Specific issues with the TIA have been addressed and the revised plans reflect those changes. The site would be required to do thoroughfare improvements along Avent Ferry Road and also would be required to improve Ralph Stephens Road along its road frontage.

The proposed site would have three (3) access points on Avent Ferry Road and two (2) access points on Ralph Stephens Road.

Mrs. Sudano said that the increase in runoff for this site would require a stormwater control device, which the developer was proposing to put on the adjacent parcel, (under same ownership).

Ms. Bailey reported that staff and the Planning Board recommend approval with conditions.

Action: The Town Board approved a motion to approve Master Subdivision Plan 02‑MAS‑11 for Holly Springs Village Center as submitted by Kimley Horn & Associates, Inc., with the following 11 conditions:

1. Property shall be annexed into the town=s corporate limits before any development plans are approved.

2. Detailed architectural and site design requirements and master signage plan for the entire development shall be submitted with the first development plan petition.

3. The developer shall file documentary assurances with the Town stating that all lots served by the private drive shall be provided with the services outlined in Section 7.07, B., 22. of the UDO prior to approval of the first development plan.

4. Sewer issue to be addressed.

5. Access to lot on Ralph Stephens to become right‑in/right‑out when old Ralph Stephens is re‑aligned.

6. Service entrance on Avent Ferry Road to be restricted to a left‑over once the median is installed.

7. ROW dedication plats with 1st plan submittal.

8. Stormwater management device design calculations with 1st plan submittal.

9. Lighting plans with 1st plan submittal.

10. Detailed widening plan with 1st plan submittal.

11. Revised utility plans showing the route for sewer is to be submitted after Town staff and the developer design a plan.

Motion By: Tedder

Second By: VanFossen

Vote: Unanimous.

8b. Bilbeway Court Acquisition Agent - Mrs. Thompson explained to the Board that currently there are appraisals being conducted along Bibleway Court. Once these appraisals are received by the Town, there needs to be an acquisition agent assigned to the project, she said. The proposal before the Board is to contract with Chip Hawk to act as the Town=s acquisition agent. Once the appraisals are received, a meeting with the appraiser, the acquisition agent, and Town staff will be held to discuss offer amounts.

Mrs. Thompson said that staff recommends that the Town Board award the contract to Mr. Chip Hawk in the amount of $19,800, which includes a 10% contingency. She pointed out that these fees would be reimbursed to the Town by developer fee credits.

Action: The Board approved a motion to enter a contract in the amount of $19,800 including contingency, with Chip Hawk to act as the Town=s acquisition agent for right of way on Bibleway Court.

Motion By: Tedder

Second By: VanFossen

Vote: Unanimous.

A copy of the Chip Hawk contract is incorporated into these minutes as addendum pages.

8c. Consultant Selection Policy Statement - Mrs. Sudano explained to the Board that at a previous meeting, the Board expressed an interest in establishing procedures for the selection of professional services and/or design consultants. The proposed policy statement that was devised provides guidelines for the selection of consultants where fees are estimated to exceed $25,000. The policy statement is for the selection of professionals for architecture, engineering, landscape architecture, and surveying services.

For projects estimated at less than $25,000, it would be the department head's responsibility to select and recommend consultants to the Town Manager and Town Board in a legal, fair, and most cost effective manner, consistent with the policy statement, but without the formal procedural components, Mrs. Sudano said.

Commissioner Tedder said he feels the policy addresses all the concerns that have been raised by the Board and that the proposal was a good response to the Board.

Commissioner VanFossen said he feared the policy sets the Town up to pick the most expensive firm.

Mrs. Sudano suggested that provisions in the policy provide that two top firms can be authorized by the Board, and a review committee can drop down to the second firm if the first firm proves to be excessively expensive.

Action: The Board approved a motion to adopt the Consultant Selection Policy Statement.

Motion By: Tedder

Second By: Dickson

Vote: Unanimous.

A copy of the Consultant Selection Policy Statement is incorporated into these minutes as addendum pages.

8d. Holly Springs Business Park Pump Station - Mrs. Sudano said that Town staff had solicited a proposal from Diehl and Phillips Consulting Company, an experienced water and wastewater consultant, for the preliminary siting and location of a new pump station in the Holly Springs Business Park.

Mrs. Sudano said that staff recommends approval of the Diehl and Phillips Consulting Company proposal in the amount of $8,000. This project funding is budgeted in this year's budget.

Action: The Board approved a motion to enter a professional services agreement with Diehl and Phillips Consulting Company in the amount of $8,000 for the Holly Springs Business Park pump station preliminary engineering report.

Motion By: Dickson

Second By: VanFossen

Vote: Unanimous

A copy of Diehl and Phillips Consulting Company contract is incorporated into these minutes as addendum pages.

9. 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:

Bill Pinkus B Mr. Bill Pinkus of Pinkus Construction addressed the Board to advise them that his company intends to build its second Duke Children=s Miracle Network House in Holly Springs. This home will be built in Sunset Ridge, and the groundbreaking may be as early as Monday, Feb. 24, 2003. He said he expects the home to be completed in about four to five months.

Commissioner VanFossen directed that the March 4, 2003 agenda of the Town Board include an item to waive allowable Town fees, as was the case for the first Children’s Miracle Network house built last year.

10. Other Business: None.

11. Manager=s Reports B Mr. Dean reminded the Board of the General Assembly reception scheduled for Feb. 20, 2003.

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 matters relating to pending litigation.

Motion: Dickson

Second: VanFossen

Vote: Unanimous

General Account

The Board discussed two matters of condemnation with the Town Attorney. The Board gave direction in both cases.

B End General Account

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

Motion By: Tedder

Second By: Dickson

Vote: Unanimous

Action: In Open Session, the Board approved a motion to authorize the Director of Engineering to retain an appraiser to provide a fair market value of property located on Sunset Lake Road.

Motion By: Tedder

Second By: VanFossen

Vote: Unanimous

13. Adjournment B There being no further business for the evening, the February 18, 2003 meeting of the Holly Springs Board of Commissioners was adjourned at 8:30 p.m. following a motion by Commissioner VanFossen, a second by Commissioner Dickson and a unanimous vote.

Respectfully Submitted on Tuesday, March 4, 2003.