3/4/03 Meeting Minutes, Town of Holly Springs

Town of Holly Springs

Board of Commissioners Regular Meeting

Tuesday, March 4, 2003

MINUTES

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, March 4, 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 7:15 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, Chet VanFossen, John Schifano Peter Atwell, and Hank Dickson and Mayor Sears.

Board Members Absent: None.

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; Drew Holland, finance director; Kendra Thompson, senior engineer; Stephanie L. Sudano, director of engineering; Heather Keefer, environmental inspector; Alysia Bailey, town planner and Luncie McNeil, public works 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 March 4, 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. Solid Waste Advisory Committee - Glenn Myrto, chairman of the Solid Waste Advisory Committee addressed the board with a presentation containing results of the committee’s research and recommendations for new ideas to possibly implement in Holly Springs.

Mr. Myrto requested that the Board keep in mind the decision points of the committee’s report when seeking proposals for local service.

In short, the committee recommends that the Town go to a bag system, distributing different size bags, at the resident’s discretion. This is known as a pay-as-you-throw system. The committee believes this system would encourage more recycling. Education of any new system would be an important element. A copy of the committee’s full summary to the Town Board is incorporated into these minutes as addendum pages.

Mr. Myrto told the Board that the committee recommends that the Town Board proceed to issue requests for proposals, getting quotes for both the Town’s current one-size can and an enhanced recycling system and then also quotes for some sort of variable rate system involving different size cans or bags or tags. Mr. Myrto said the Town could then use the results to define details required to make a decision.

In a lengthy discussion, Board members discussed the various pros and cons of changing the Town’s current service and of issuing requests for proposals.

Some of the reasoning to pursue requests for proposals included the ideas that it would be more fair to open the Town’s business to other service providers and that it could result in competitive prices. This might result in lower rates and expanded service.

Some of the reasoning to not pursue requests for proposals but to negotiate terms of the existing contract were that competing companies who are capable of hauling solid waste to landfills outside Wake County are few. Of those, the other two would have to put an inventory of collection cans down in Holly Springs to replace those of Waste Industries. Though the cost would be amortized over a few years, some felt that Waste Industries could raise its rates considerably and still come in as the low bidder over the other companies.

Some of the reasoning to pursue a variable rate system included the opportunity for those who have less garbage to pay a lesser monthly rate and it may promote recycling among those who wanted to save a few dollars each month by recycling more and throwing away less.

Some of the reasoning to not pursue a variable rate system included that the cost savings would not be significant enough for many to take advantage of it since many folks have more garbage at some times than others and those residents would most likely opt to stay with the standard-size can. Another point was that the 95-gallon containers are standard in the industry because it represents the needs of the standard user.

In the end, the Board seemed to agree that it was not inclined to promote the selling of bags for garbage disposal because of the cost and added inconvenience to residents.

Action: The Board approved a motion to table further discussion on this topic until its March 15 regular meeting.

Motion By: Tedder

Second By: Atwell

Vote: Unanimous.

6a. Oakhall PUD Amendment, 95-PUD-03-A01 - Ms. Bailey explained to the Board the requested Oakhall Planned Unit Development amendment is a proposal to add 12.27 acres of land to the existing Oakhall PUD for the purpose of single-family residential development. This would add 35 additional lots to the originally-approved PUD.

The plans also indicate that an additional 3.21 acres would be set aside for open space and possible dedication to the Town. The land for the Oakhall PUD amendment currently is not within the corporate limits of the Town, but is within the Town’s extraterritorial jurisdiction. The property would be required to be annexed prior to development, Ms. Bailey said.

She said that according to the Town’s PUD requirements, all PUDs are required to provide a minimum of 10% as open space. The existing PUD provides 11.5% open space. The PUD amendment would add 12.27 acres of land, 3.21 acres of open space, therefore the total amount of open space being designated by the property owner is 21.48 acres, or 12.6% of the PUD.

Ms. Bailey said to minimize the impacts of this development, there would be a 50-foot tree preservation area along the Hwy. 55 Bypass. In addition to the tree preservation, an opaque buffer including an opaque fence, evergreen trees, and evergreen shrubs would be distributed along the perimeter of the additional land as a buffer. This area is designated as part of the open space area and would, therefore, be outside of the platted lots, and required to be maintained by the Homeowner’s Association, she said.

Ms. Bailey said that measures have been taken to finalize the greenway trails and easements for dedication to the Town and are to be completed as required in the previously developed phases. An agreement for the upgrading and Town acceptance of the greenways needs to be addressed as soon as possible with the Town’s Department of Parks & Recreation, she added.

Ms. Bailey reported that water and sewer are available within the overall PUD and would be extended through this phase by the developer.

This is the last phase to the Oakhall PUD, she said. There are street connections in two locations, and the developer would be providing a stub to undeveloped property to the north for a potential future connection.

During the joint public hearing, Ms. Bailey said, several issues were brought up by concerned residents in the neighborhood. The developer will address the following areas in his plan:

• Drainage areas continue to erode.

• Large segments of the greenway have washed away.

• Rebuild walking trail to withstand a 100-year storm.

• Engineered stream beds to withstand flows without erosion of the stream.

• Address a noise problem.

• Require a maximum allowable bond by the developer and notification to the Homeowners Association before release of the bond.

Project engineers from Withers and Ravenel addressed the Board and said they have worked with the Oakhall Homeowners Association and feel satisfied that they have addressed all concerns.

Mr. Tim Kirwan, president of the Oakhall HOA, addressed the Board and reported that residents are satisfied.

Commissioner Schifano said it would be critical that information about the potential Wake South Landfill in the vicinity be fully disclosed by real estate agents and that a notation of the Wake County plans for its property be noted on the final plat.

Action: The Board approved a motion to approve 95-PUD-A01, an amendment to the Oakhall PUD, as submitted by Withers & Ravenel, with the following five (5) conditions:

1. A note shall be added to final plats having lots adjacent to the proposed landfill disclosing the location of the landfill Borrow Area.

2. The existing greenways in Oak Hall must be upgraded and greenway easements must be recorded in order for the Town to accept into maintenance the existing greenways prior to recordation of Phase 9.

3. A fee‑in‑lieu of dedication of Open Space shall be provided for Phase 9 of the Oak Hall PUD.

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

*Drainage calculations of culverts along NC55

*Fire flow analysis

*Drainage information for the entire site including the new roadway crossing plus channel stability

5. That all outstanding drainage comments on the plans and flood studies currently

under review by engineering staff be addressed during construction drawing review of this project. Included should be calculations sufficient to support the changes to plans that developer is making to address resident’s concerns (i.e. stream mitigation downstream, etc.).

5. Tthat all outstanding drainage comments on the plans and

flood studies currently under review by engineering staff be addressed during construction drawing review of this project. To included calculations sufficient to support the changes to plans that developer is making to address resident’s concerns (i.e. stream mitigation downstream, etc.).

Motion By: Tedder

Second By: Dickson

Vote: Unanimous.

6c. CVS Development Plan 02-DP-03 - Ms. Bailey said that CVS Pharmacy is proposing an approximately 10,900 square foot building located on a 1.75 +/‑ acre site at the intersection of Sunset Lake Road and Holly Springs Road. This site is located along a gateway corridor and is therefore required to provide additional architectural design elements.

Ms. Bailey said that this project is also located in the Sunset Lake Road/Holly Springs Road Neighborhood Village District, which requires a wall feature to serve as a public landmark. This feature and all related landscaping would be installed in an easement by the developer at the time of construction of the project, and the Town would maintain the feature once construction has been completed. The proposed development has been designed in accordance with the Growth Plan as described, she added.

Ms. Bailey said that the ordinance has specific setback requirements for this type of development and the submitted plan meets those standards with the exception of the northeast side of the site. A variance was granted by the Board of Adjustment for the northeast portion of the site, to allow for a portion of the 20-foot landscape buffer to be reduced to 14 feet for the drive‑thru passing lane.

Ms. Bailey said the proposed elevations indicate that the pharmacy would utilize red brick as the primary building material. A pitched roof composed of grey asphalt shingles would be used at the corner of the site for the entry portion of the building, and a flat roof would be used for the remaining portion.

Faux windows and pilasters are being used to break up the facades along the northeast and northwest sides to conform with the Town’s architectural requirements for the NVD that requires a minimum percentage of glass/windows. The drive‑through prescription area is defined by a variation in roof height and grey tinted spandrel glass.

Ms. Bailey said water and sewer are available adjacent to the site. The developer would have to make an extension of public sewer to the site.

Ms. Bailey reported that there is a transportation impact analysis underway for this intersection. This site would be responsible for a percentage of the cost of this study.

The intersection is on the Towns’ Thoroughfare plan. Because the Town is moving forward with an intersection improvement project, a fee‑in‑lieu for the full scope of roadway improvements would be required per Town Ordinance, subject to approval by the Department of Engineering. Additionally, this site is on one of the four corners of the intersection which requires a fee‑in‑lieu of traffic signal upgrade ($25,000). A cross access easement is being required at the Sunset Lake Road entrance for future shared access. The site is located at a heavy traffic volume area. Both the Holly Springs Road and Sunset Lake Road entrances would be right‑in/right‑out.

Action: The Board approved a motion to approve 02-DP-03, CVS Pharmacy development plan, as submitted by Kimley‑Horn & Associates, Inc., Project Number 012045015, with the following seven (7) conditions:

1. A recombination plat shall be submitted for review and approval and recorded according to town standards prior to Construction Drawing approval. This plat must include the following:

2. The Town Approved public landmark is to be provided within the recorded easement at the corner of Sunset Lake and Holly Springs Roads. It is to be constructed to the specifications provided by the Town of Holly Springs prior to issuance of a Certificate of UDO Compliance for the Certificate of Occupancy.

3. Sign applications must be submitted to and approved by the Department of Planning & Zoning prior to the installation of any signage‑ temporary or permanent.

4. Financial participation in the TIA will be due at construction drawing approval.

5. Signal upgrade participation ($25,000 fee‑in‑lieu) will be due at construction drawing approval.

6. A fee‑in‑lieu of Thoroughfare improvements will be required. Any interim roadway improvements required by NCDOT for opening of the site will not reduce the payment‑in‑lieu due for this project. The amount of the fee‑in‑lieu must cover roadway improvements in accordance with Town ordinance (ie ½ of a 74’ back to back roadway with curb and gutter and sidewalk along the site frontage plus tapers).

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

• Drainage related comments

Motion By: VanFossen

Second By: Tedder

Vote: Unanimous.

6d. 02-ZPF-06, Walgreens - Ms. Bobber reported that Southstar Holdings‑Holly Springs, LLC, the owner of the Holly Springs Commercial Center which is located in the northwest corner of N. Main Street and New Hill Road, has requested a modification in the signage regulations for the center and the out‑lot in the center for Walgreens.

For the shopping center site (97-COM-12), Ms. Bobber said, the approved plans state, "All signs, including trademarks and logos, shall share the same size, font, and style. There shall be a maximum of three colors for all signs."

Due to discussions with future tenants within the center, the owner is requesting to modify the language to eliminate the size, font, and style requirements, but add that all signs must be individual letters, raceway mounted with the raceway painted to match the building and maintain the requirement of a maximum of three colors for all signs.

For the Walgreens outlot, Ms. Bobber said, the Walgreens Zoning Permit (02-ZPF-06) was approved with an agreement during the plan review process that the signage for the Walgreens would be white to match the signage color on Wendy's, which is located within the same center. During the plan review process, Staff felt that the proposed red signage was not compatible and would not be as visible and aesthetically consistent and requested that the signage be changed to white.

Spaulding & Norris, representing the developer, agreed to change the signage to white; however, Southstar Holdings, representing Walgreens, is now requesting to change the building signage color from white to red as previously committed to.

Commissioner Schifano advised the Board that he had represented the owner at closing, but does not currently represent the company.

Action: The Board approved a motion to amend the signage requirements for the Holly Springs Commercial Center, 97‑COM‑12, and Holly Springs Commercial Center Outlot #1, 02‑ZPF‑06, as requested by Scott Bortz, Partner, Southstar Holdings‑Holly Springs, LLC.

Motion By: Schifano

Second By: Tedder

Vote: Unanimous.

6e. Womble Park Ball Field #4 Lighting Contract - Mr. Bradley said that the Town received three bids from electrical contractors for the lighting of ball field #4 at Womble Park. Progress Energy submitted a bid in the amount of $61,472; S&S Electrical Construction submitted a bid in the amount of $66,900; and the lowest bid was received from Walter Holmes Electrical Inc., for $58,250. Mr. Bradley said in reviewing the bids and qualifications of the three bids received, he recommends awarding the contract to low bidder Walter Holmes Electric Inc. in the amount of $58,250.

Action: The Board approved a motion to enter a contract with Walter Holmes Electric Inc. for the installation of lighting on Womble Park at a cost not to exceed $58,250.

Motion By: Tedder

Second By: VanFossen

Vote: Unanimous.

A copy of Walter Holmes Electric Inc. contract is incorporated into these minutes as addendum pages.

Mr. Bradley reported that he had requested three bids for installation of fencing on this ball field; however, only two firms responded.

Seigers offered the low bid of $12,500. Harry’s Fence Company bid $24,000.

Mr. Bradley advised the Board that the Seigers offer represents a very good price.

Action: The Board approved a motion to enter a contract with low bidder Siegers Fencing for installation of fencing at Womble Park ball field #4 at a cost not to exceed $12,500.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

6f. Transportation Capital Improvement Plan Amendment - Mrs. Sudano explained to the Board that in follow up to the last transportation work session held on Feb. 18, the listing of road projects, timelines and budgets the board received in agenda packets was discussed.

She asked that the list of priorities be considered for official endorsement by the Town Board. She added that the final project listing is designed to fit within a ceiling $5 million of borrowed funding.

Action: The Board approved a motion to endorse the amended the Transportation Capital Improvement Plan list as submitted.

Motion By: Tedder

Second By: VanFossen

Vote: Unanimous.

A copy of the Transportation CIP is on file in the Engineer Department until such time as it is released for disposition in accordance with the Town of Holly Springs Records Retention and Disposition Schedule.

6g. Sunset Lake Road Intersection Surveying Contract - Mrs. Sudano said that in order to keep the road improvements on schedule for development at this intersection, staff solicited a surveying proposal from Bass, Nixon and Kennedy Inc., consulting engineers for the Holly Springs and Sunset Lake Road intersection.

The selection of this consultant was prior to the adoption of the Town's new policy statement on consultant selection, Mrs. Sudano said.

Mrs. Sudano said that staff recommends approval of the agreement with Bass, Nixon and Kennedy, Inc. in the amount $16,000. She said she felt the price was very low and that any other company probably would offer to do the same work for twice as much.

After reviewing the proposal, however, Mr. Pearson advised the Board that one of the company’s principals is a testifiant for the opposing side in the Joel Williams vs. Holly Springs condemnation litigation matter and that hiring his firm may lend him credibility in his potential testimony against the Town.

Commissioner VanFossen pointed out that Mr. Kennedy would be testifying as a land planner, and not a surveyor.

Mr. Pearson agreed, but added that it might create a three-quarters of a million dollars liability exposure for the Town.

Commissioner Schifano agreed.

Commissioner Tedder agreed and said the higher cost from another respondent would be cheaper than the risk exposure of the case.

Action: The Board approved a motion to decline the Bass, Nixon, and Kennedy Inc. Consulting Engineering proposal for the surveying of Holly Springs Road and Sunset Lake Road intersection.

Motion By: Tedder

Second By: Schifano

Vote: Unanimous

Because the timing of this project is critical, Mrs. Sudano suggested that the Town Board discuss other options that could expedite the hiring of another surveyor.

The Town Manager suggested that the Town Board give him some authority to enter a surveying contract with another firm up to a certain amount without having to return to the Town Board in two weeks.

Action: The Town Board approved a motion to authorize the Town Manager to enter a contract with another surveying firm at a cost not to exceed $25,000 for the surveying of the Holly Springs Road and Sunset Lake Road intersection.

Motion By: Tedder

Second By: VanFossen

Vote: Unanimous

6h. Holly Springs and NC 55 Intersection Project - In follow up to the last transportation work session held on February 18, Mrs. Sudano presented the Board with four (4) scenarios of how to proceed. The four scenarios are described in an attachment to these minutes.

Mrs. Sudano said staff recommends that the Town proceed with the project following Scenario 3.

Commissioner Atwell warned against scaling the project back. He said he feels the Town should perhaps wait and do the entire desired scope of the project right.

Mrs. Sudano said that the project as described in Scenario #3 would serve the public of Holly Springs for the next 10 years.

Action: The Board approved a motion to approve Scenario #3 for the Holly Springs Road and NC 55 Intersection project and to proceed with right of way acquisition.

Motion By: VanFossen

Second By: Tedder

Vote: Unanimous.

Refer to Scenario #3 in the options provided by the Engineering Department, which are 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 Atwell and a unanimous vote. The following actions were affected:

7a. Budget Amendment $35,000 -The board adopted a budget amendment to the FY 2002‑03 budget in the amount of $35,000 to allocate reserve funds for the Thomas Mill Road gravel extension.

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

7b. Duke Children’s Miracle Network house - The board authorized the waiver of all eligible permit and service fees related to the construction of the Duke Children’s Miracle Network house, except fees that are required by the State of North Carolina.

7c. Town Hall Change Orders and Budget Amendment, $7,400 - The board approved six (6) change orders to the Town Hall project contract and adopted a budget amendment to the Town Hall Project Fund in the amount of $7,400.

A copy of the budget amendment is incorporated into these minutes as an addendum page. A copy of the change orders are filed with the Duke construction contract for the project until such time as it is released for disposition in accordance with the Town of Holly Springs Records Retention and Disposition Schedule.

7d. 2003 Time Warner Cable FCC 1240 and FCC 1205 Rate Filings - The board adopted the Town of Holly Springs Review of Time Warner Cable FCC 1240 and FCC 1205 Rate Filings for 2003.

A copy of the Time Warner Cable FCC 1240 and FCC 1205 Rate Filings agreement is incorporated into these minutes as addendum pages.

7e. Minutes - The board approved minutes of the Board’s regular meetings held Feb. 5 and Feb. 18, 2003 and its special transportation workshop meeting held Feb. 18, 2003.

8a. N. F. Ransdell Heirs Property Annexation A03-01 - Ms. Bobber explained to the Board that action on this item was deferred from the Feb. 4, 2003 Town Board meeting until decisions were made on the development of this site. The Board acted upon the development plan (Oakhall PUD Amendment) earlier this evening.

The public hearing on the question of annexation was held on Feb. 4. The petitioner is requesting the Town to annex land containing 12.27 acres located east of the NC 55 Bypass and west of Oakhall PUD. This petition meets all the statutory requirements for annexation, Ms. Bobber reported.

Action: The Town Board approved a motion to adopt Ordinance A03-01, an ordinance to annex 12.27 acres located east of the NC 55 Bypass and west of Oakhall, PUD, as petitioned by owners N.F. Ransdell heirs.

Motion By: Schifano

Second By: Atwell

Vote: Unanimous.

8b. Bass Lake Retreat Center Awarding of Contract - Mr. Dean reported that staff had been negotiating with the apparent low bidder on the project. After discussions, however, Mr. Dean said he felt it would be best to revise the construction plan and rebid the project.

Action: The Town Board approved a motion to rebid the Bass Lake Retreat Center construction project with changes to the construction plan.

Second By: Tedder

Second By: Atwell

Vote: Unanimous

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: Commissioner Schifano reported that there would be a Wake County Growth Management Task Force presentation on March 13.

11. Manager’s Reports – Mr. Dean reported that he had devised a chart to keep up with and to keep the Town Board abreast of progress being made on various topics from the 2003 Winter Retreat; he advised the Board that the Town may be facing another construction contract legal matter and said he would recommend the Town consider retaining the same law firm that is representing the Town in the Thompson contract dispute.

At this time, Commissioner Atwell asked about the status of the Braxton Village expansion plan.

Ms. Bobber reported that the developer had been notified of the Town Board’s zoning of the property at R-15, rather than R-10 as had been requested. She said her department has not heard anything further from the developer on his proposed plan, which was based on an R-10 zoning designation.

Mrs. Sudano added that the developer was in attendance at the Town Board meeting at which the decision was made, so he is aware of the access issues that were raised during the public hearing. She said the developer has been in communication with the Engineering Department and is working on another phase of the development, which may address the access concerns.

12. Closed Session - None.

13. Adjournment – There being no further business for the evening, the March 4, 2003 meeting of the Holly Springs Board of Commissioners was adjourned at 11:15 p.m. following a motion by Commissioner Dickson, a second by Commissioner Atwell and a 4-1 vote. Commissioner Schifano voted against (in jest).

Respectfully Submitted on Tuesday, April 15, 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.