Town of Holly Springs
Board of Commissioners Regular
Meeting
Tuesday, March 2, 2004
MINUTES
The Holly Springs Town Board of Commissioners
met in regular session on Tuesday, March 2, 2004 in the Council Chambers 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 Mike Taylor, Parrish Womble,
Chet VanFossen, Peter Atwell and Hank Dickson and Mayor Sears.
Board
Members Absent:
None.
Staff
Members Present:
Carl Dean, town manager; John Schifano, town attorney; Joni Powell, town clerk
(recording the minutes); Chuck Simmons, assistant town manager; Ricky Blackmon,
director of building inspections; Drew Holland, finance director; Cecil Parker,
chief of public safety; Wayne Wilhelm, public works; Thomas Tillage, director
of water quality; Luncie McNeil, director of public works; Kendra Thompson,
senior engineer; and Gina Bobber, director of planning and zoning.
2 and 3.
The pledge of allegiance was recited, and the meeting opened with an
invocation by Rev. Lewis Gentry.
4. Agenda Adjustment:
The March 2, 2004 meeting agenda was adopted with changes, if any, as
listed below.
Motion By: Dickson
Second By: Atwell
Vote: Unanimous.
Items Added to the Agenda: Resolutions 04-08(b) and 04-08(c) approving
financing terms for transportation improvement projects were added to the
consent agenda under Item No. 8.
Consent Agenda Items Removed: None.
Other Changes: None.
5. 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:
5a. Budget Amendment, $1,380
‑ The Board adopted an amendment to the FY 2003-04 budget in the
amount of $1,380 to receive insurance proceeds for a damaged police
vehicle. A copy of the budget
amendment is incorporated into these minutes as an addendum page.
5b. Water System Vulnerability Assessment ‑ The Board approved a
contract for a water system vulnerability assessment and adopted a budget
amendment to FY 2003-04 budget in the amount of $23,600 to cover the cost of
the work. A copy of the vulnerability
assessment contract and budget amendment are incorporated into these minutes as
addendum pages.
5c. Pump Maintenance
Building Contract Change Orders ‑ The Board approved the final change orders to the
construction contract for the pump maintenance building. Copies of the final construction contract
change orders are incorporated into these minutes as addendum pages.
5d. Minutes
‑ The minutes of the Board=s regular meeting held Feb. 17, 2004 were approved.
6. Unfinished Business: Backflow and Cross-Connection
Prevention Devices -
Mr. Wilhelm said that at the Feb. 3
Board meeting, members of the Board asked that staff report back with pertinent
information regarding regulations that require above‑ground installation
of RPZ devices and regulations that require annual inspections. Mr. Wilhelm said that the board also desired
information on why second meters are required for irrigation systems.
Mr. Wilhelm explained the following materials, which were
contained in agenda packets:
A. An excerpt from NCDENR Rules Governing Water
Treatment Facility Operators that mandates the program: (d) By July 1, 2003, there shall be an
operator in responsible charge for all public water systems required by 15A
NCAC 18C to have five or more testable backflow prevention assemblies. This operator shall possess a valid Grade
Cross‑Connection‑Control certificate issued by the Board.
B. An excerpt from
the North Carolina Administrative Code (15A NCAC 18C) stating at Paragraph V.
Section A.: RPZ devices:
1. Above‑ground
installation preferred.
2. Below‑ground
vault shall have positive drainage with adequate gravity drainage to
atmosphere.
3. 12‑inches
minimum clearance from vault walls and floors
4. Installation in
accordance with manufacturer=s instructions
C. An excerpt from
the North Carolina Water Works Association study guide on backflow prevention
and practice that states in a table on Page 33:
Pit/Chamber Installation Acceptable for RPZ = ANo.@
A paragraph at the bottom of this same page is marked and states, ACost can be a concern when choosing
a backflow preventer. AVBs and PVBs are inexpensive, while RPs and DCVAs
involve a larger investment. However, it
should be stressed that the hazard level and anticipated hydraulic conditions
at each cross‑connection must take priority over cost when deciding on a
method of backflow prevention.@
D. An excerpt from
the International Plumbing Code stating at Paragraph 608.14 Location of
backflow preventers. AAccess shall be provided to backflow
preventers as specified by the installation instructions of the approved
manufacturer.@
E. Approved
manufacturers (Ames and Watts) instructions stating that Watts Series 909 and
Ames 4000B devices Ashould never be placed in pits
unless absolutely necessary and then only when as approved by local codes. Consult your local or state plumbing or
health inspector. Watts (and Ames)
recommends installation indoors or above ground in an insulated enclosure.@
F. Regarding annual
inspections, enclosed are the manufacture instructions from Wilkins, Ames and
Watts, all stating that assemblies should be tested periodically in compliance
with local codes, but at least once a year or more as service conditions
warrant.
G. An excerpt from
the EPA Cross‑Connection Manual that states on Page 36, Paragraph AX. Periodic Testing. A. Reduced pressure principle backflow devices
shall be tested and inspected at least semi‑annually. (emphasis added)@
H. As for why second
meters are required for irrigation systems, a copy of the Town=s Policy Statement No. P‑007,
which was adopted at staff recommendation by the Town Board in November 1997,
was enclosed in agenda packets. The
policy is the result of staff collaboration among Public Works, Inspections and
Engineering.
In discussion, Commissioner VanFossen said he would like the
Town to offer the option of allowing the RPZ devices to be installed
underground. He also asked if periodic inspection could be bi-annually or every
three years.
Mr. Schifano said that some sort of recertification or
inspection program should be in place.
Commissioner VanFossen asked if warranties would be
invalidated if inspection is not conducted per manufacturer=s instructions.
Commissioner Atwell summarized the discussion as it seems
the manufacturers= instructions are standardized for
the benefit of the manufacturers, and it is the Board=s responsibility to do what is best
for the residents of Holly Springs.
He said the Town Board needs to balance the regulations it
sets so as to be protective enough for the water supply but not so restrictive
that people will not comply.
Mr. Wilhelm advised the Board that municipalities that have
a backflow prevention program require annual testing.
Commissioner Atwell suggested having the program with
in-house inspections at a discount, so that it would not be so burdensome to
property owners. He said it should at
least be an option, and residents who would rather pay full price can hire a
private inspector to provide results to the town.
Mayor Sears suggested that staff look into the potential
costs of such a program and to present options at the next board meeting.
Mr. Dean asked that the Board reserve further discussions on
whether second meters should be required for irrigation systems until the
options on inspections are brought back to the Board.
Action: No action taken.
7. Resolution 04-10 Bike and Pedestrian Grant
Application - Ms.
Thompson explained to the Board members that the North Carolina Department of
Transportation (NCDOT) has announced the initiation of a new program to
encourage the development of comprehensive municipal bicycle and pedestrian
plans. She noted that this is not a
construction funding program.
Ms. Thompson said that NCDOT has found that in order to
adequately and efficiently provide bicycle and pedestrian facilities, a
comprehensive planning document is essential. She said that staff concurs that
this will be very beneficial to the Town, and would allow a priority system to
be established resulting in a prioritized list of future bike or pedestrian way
construction.
Ms. Thompson said that all North Carolina municipalities are
eligible to apply. She said
approximately 10‑to‑12 grants, totaling $750,000, will be awarded
each year over the next years for this matching grant program, ($350,000 in
2004 and $400,000 in 2005).
Ms. Thompson said the Town is eligible for up to $24,500 for
a pedestrian plan from these grant funds. She said that engineering, planning,
and parks and recreation departments are participating in the preparation of
this grant application with the help of BHME at no cost to the Town. Ms. Thompson said that if the grant
application is successful, funds would be used to prepare a master pedestrian
plan for the Town.
She asked that the Board adopt Resolution 04-10 endorsing
the town=s application for planning funds,
and she asked that the Board also approve a membership structure of a steering
committee for the project.
Action: The Board approved a motion to adopt Resolution 04‑10 endorsing
the town=s bike and pedestrian planning grant
application and approved a membership structure for a project steering
committee to be made up of the following persons:
$
Citizens
representatives
$
A
planning board member
$
A
Town Board member
$
The
chairman of the Parks and Recreation Advisory Committee
$
The
director of Parks & Recreation
$
The
director of Planning & Zoning
$
The
director of Engineering
Motion By: Taylor
Second By: Atwell
Vote: Unanimous
A copy of Resolution 04-10 is incorporated into these
minutes as an addendum page.
8a. Public Hearing: Transportation Improvement
Projects Financing, Resolution 04-06 ‑ Mr. Holland
explained to the Board that in order to borrow funds for its transportation
improvement projects, the Town must first obtain approval from the Local
Government Commission. He said the first
step in the application process is to hold a public hearing to receive comments
from citizens on the question of whether or not the town should seek
installment financing as opposed to other financing.
Mr. Holland said that
following the public hearing, the Board is asked to adopt Resolution 04‑06,
which states that the Town Board has determined certain findings of fact,
including that installment financing is more desirable than other types of
financing. He said the resolution also
authorizes the filing of the LGC application.
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: Having made the necessary findings of fact, the Board approved a motion
to adopt Resolution 04-06 authorizing the filing of an application to the North
Carolina Local Government Commission for approval of a financing agreement to
fund the Town=s transportation improvement
projects.
Motion By: VanFossen
Second By: Dickson
Vote: Unanimous
A copy of Resolution 04-06 is incorporated into these
minutes as addendum pages.
8b. Consent Agenda: [Note: Under Item 8b2., two new
resolutions were added under Agenda Adjustment.
These two additional versions of Resolution 04-08 will provide Town
Board approval of various bank financing terms for a $4,342,000 loan with RBC
Centura, depending on the repayment plan that will be preferred by the N.C.
Local Government Commission. Each version of the resolution applies to the same
loan, but provides approval for a variety of loan terms (10-year, 12-year and
15-year) and interest rates (3.17%, 3.41% and 3.73%, respectively).
All items on the Consent Agenda were approved following a
motion by Commissioner Womble, a second by Commissioner Atwell and a unanimous
vote. The following actions were
affected:
8b1. Resolution 04-07
‑ The Board adopted Resolution 04-07 approving bank financing
terms on a $658,000 loan with RBC Centura for transportation improvement
projects to be repaid from Powell Bill funds over a three-year term at an
interest rate of 2.03%. A copy of
Resolution 04-07 is incorporated into these minutes as addendum pages.
8b2. Resolution 04-08 ‑ The Board adopted Resolution 04-08 approving bank
financing terms on a $4,342,000 loan with RBC Centura for transportation
improvement projects to be repaid from the General Fund over a 10-year term at
an interest rate of 3.17%. A copy of
Resolution 04-08 is incorporated into these minutes as addendum pages.
8b2. Resolution 04-08(b) ‑ The Board adopted Resolution 04-08(b)
approving bank financing terms on a $4,342,000 loan with RBC Centura for
transportation improvement projects to be repaid from the General Fund over a
12-year term at an interest rate of 3.41%.
A copy of Resolution 04-08(b) is incorporated into these minutes as
addendum pages.
8b2. Resolution 04-08(c) ‑ The Board adopted Resolution 04-08(c)
approving bank financing terms on a $4,342,000 loan with RBC Centura for
transportation improvement projects to be repaid from the General Fund over a
15-year term at an interest rate of 3.73%.
A copy of Resolution 04-08(c) is incorporated into these minutes as
addendum pages.
8b3. Resolution 04-09 ‑ The Board adopted
Resolution 04-09, a reimbursement resolution allowing the Town to repay itself
from loan proceeds for any advance expenses paid for the town=s transportation improvement
projects. A copy of Resolution 04-09
is incorporated into these minutes as addendum pages.
8c. NC 55/Holly Springs Road Intersection Bid - Ms. Thompson explained that on
February 13, bids for the NC 55/Holly Springs Road intersection project were
opened. Ms. Thompson reviewed the bid
summary sheet and the itemized tabulations with the Board.
Ms. Thompson said the apparent low bidder is Gelder &
Associates, Inc. She said preliminary
budgets were approved for this project in the amount of $1.55 million the
spring of 2003 under the town=s Transportation Capital Improvement
Plan (CIP).
Ms. Thompson said the Town bid several alternates, and
Gelder's bid for a combination of alternates to accomplish full widening of the
intersection, full widening east of Johnson Street, and 12" waterline
connections (Alternate plus 2) is $1,520,822.
Funding for this project would be through installment
financing, contingent upon LGC approval, and construction for this project
would begin in mid-April, she added.
In discussion, Commissioner Atwell stressed that he feels
the above-ground electrical service in the area of this project should be
placed underground, if feasible.
Ms. Thompson said staff could get more precise cost
estimates on undergound relocation and report back to the Board at the next
meeting.
Action: The Board approved a motion to award the bid to Gelder &
Associates, Inc., in the amount of $1,589,000 (5% contingency included),
subject to Local Government Commission approval of installment financing, for a
combination of alternates to accomplish full widening of the NC 55/Holly
Springs Road intersection, full widening of Holly Springs Road east of Johnson
Street and 12-inch waterline connections.
Motion By: VanFossen
Second By: Womble
Vote: Unanimous
A copy of bid tabulations and summary sheets are
incorporated into these pages as addendum pages.
8d.
Sunset Lake Road/Holly Springs Road Bids - Ms. Thompson said that on February 11, bids for the
Sunset Lake Road and Holly Springs Road intersection project were opened. Ms. Thompson reviewed the bid summary sheet
and the itemized tabulations. She said this project includes full improvements
to the intersection of Sunset Lake Road and Holly Springs Road, such as curb
and gutter, sidewalk, lane widening, a mast arm signal, and the installation of
the median along all four legs of the intersection. She said the two legs of Holly Springs Road
improvements total 1,321 feet and the total for Sunset Lake Road is 2,150 feet.
Ms. Thompson said that the apparent low bidder is Pacos
Construction Company, Inc. She said the
preliminary budgets for this project were approved in the amount fo $3.6
million in the spring of 2003 under the town=s Transportation CIP.
She said the Pacos bid was $1,760,709 and in combination with other
project costs, the total project cost is presently estimated at $3.5
million. She noted that this figure
would include right of way acquistion.
She said that construction of this project would begin in
mid-April, if the town=s financing efforts are successful.
Action: The Board approved a motion to award the bid to Pacos Construction
Company, Inc., in the amount of $1,850,000 (5% contingency included), subject
to Local Government Commission approval of installment financing, for
improvements to the intersection of Holly Springs Road and Sunset Lake Road.
Motion By: VanFossen
Second By: Womble
Vote: Unanimous
A copy of bid tabulations and summary sheets are
incorporated into these pages as addendum pages.
8e. Stinson Avenue and Womble Park Parking Lots
Bids - Ms. Thompson
said that on February 25, bids for the
Stinson Avenue connection and Womble Park parking lot paving projects were
opened. Ms. Thompson reviewed the bid
summary sheet and the itemized tabulations. She said that the apparent low
bidder is Asphalt Experts with a bid of $465,110.60. She said that staff recommends to award the
bid to the low bidder, inclusive of a 5% contingency, for a total contract of
$488,366.13. She said that construction
is expected to begin in mid‑April.
Ms. Thompson said that the Stinson Avenue connection project
will include paving, curb and gutter, traffic calming devices, storm drainage,
waterline, and sidewalk extending along Stinson Avenue from the Hunt Center to
Indian Hill Road (this currently is a dirt/stone path along existing Town right
of way).
Ms. Thompson said the Womble Park parking lot project
consists of paving, curb and gutter,
traffic calming devices, storm drainage in two locations to provide
approximately 135 parking spaces in two separate lots. She said provided with construction of the
two lots are connection roads to access the parking lots, and property further
into the park. She said that both
projects were designed in‑house by engineering staff.
Action: The Board approved a motion to award the bid to Asphalt Experts in the
amount of $488,366.13 (5% contingency included), subject to the Local Government
Commission approval of installment financing, for the construction of Stinson
Avenue and parking lots in Womble Park.
Motion By: VanFossen
Second By: Dickson
Vote: Unanimous
A copy of bid tabulations and summary sheets are
incorporated into these pages as addendum pages.
8f. NC 55 Sidewalk Improvements and Avent Ferry
Road Extension Bids
B Ms. Thompson said that on February
25, the town received only two bids for the NC 55 sidewalk improvements and the
Avent Ferry Road extension project. She
said neither of the bids were opened.
Ms. Thompson said the NC 55 Sidewalk project was designed in‑house
by the engineering staff to include the construction of sidewalk with two types
of sidewalk materials B mostly consisting of a 5-foot
concrete sidewalk, and partly consisting of a wooden boardwalk‑type
sidewalk (for tree protection) B extending from the Eckerd=s property southward to Dewar=s Florist, plus a retaining wall to
minimize sidewalk takings.
Ms. Thompson said that the Avent Ferry Roadway Extension
project also was designed in‑house by the engineering staff.
She said the base bid included all roadway subgrade
preparation plus an 8-inch waterline extension from Avent Ferry Road extending
to Earp Street west of Main Street.
Mr. Dean said he and staff would explore the options of
either rebidding the project or attaching the work to another project.
Action: None.
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 Atwell said he wanted to revisit the Town=s regulations that require a second
meter for irrigation systems. He said he
felt the Town should make it optional for those who have irrigation systems.
Commissioner Atwell expressed his
appreciation for the No Littering signs on the NC 55 Bypass and the crosswalk
on Cayman Avenue.
11.
Manager=s Reports: Mr. Dean provided board members
with a draft of an outline of the joint use agreement format with Wake County
Public School System.
He advised the Board of the Economic
Development Department=s upcoming appreciation event April
21 at Devils Ridge.
He also asked Ms. Bobber to provide
the Board with maps she had devised, using input from the Board=s land use plan special meeting held
Feb. 23. She asked the Board members for
reactions or responses to the proposed boundaries.
Commissioner Taylor asked if the
Town was following through with contacts with Progress Energy on the various
topics that have been discussed. Mr.
Dean said yes.
Commissioner Taylor asked if the
Town was pursuing Homeland Security opportunities. Mr. Dean said yes.
12.
Closed Session: The Board approved a motion to enter into Closed Session, pursuant to
143-318.11(a)(3), to discuss with the Town Attorney under the attorney-client
privilege specifics for the obtaining of road right of way.
Motion By: Atwell
Second By: VanFossen
Vote: Unanimous
General Account of Closed Session B March 2, 2004
In Closed Session Mr. Schifano
explained that he is preparing to approach property owners regarding the Town=s obtaining right of way for roadway
improvements. He received direction from
the Board on how to proceed in making purchase offers.
-- End General Account
The Board returned to Open Session
following a motion by Commissioner Dickson, a second by Commissioner Atwell and
a unanimous vote.
13.
Adjournment: There being no further business for
the evening, the March 2, 2004, meeting of the Holly Springs Board of
Commissioners was adjourned following a motion by Commissioner Dickson, a
second by Commissioner Womble and a unanimous vote.
Respectfully Submitted on Tuesday,
March 16, 2004.
_________________________________
Joni Powell, CMC
Town Clerk
Addendum pages as referenced in these
minutes follow and are a part of the official record.