Holly Springs Town Council

Regular Meeting

 

November 16, 2004

 

MINUTES

 

The Holly Springs Town Council met in regular session on Tuesday, November 16, 2004, in the Council Chambers of Holly Springs Town Hall, 128 S. Main Street.  Mayor Sears presided, calling the meeting to order at 7:05 p.m.  A quorum was established as the mayor and four council members were present as the meeting opened. 

 

Council Members Present:  Councilmen Ernie Pearson, Chet VanFossen, Parrish Womble, and Hank Dickson and Mayor Sears.

 

Council Members Absent:  Councilman Peter Atwell.

 

Staff Members Present: Carl G. Dean, town manager; Chuck Simmons, assistant town manager; John Schifano, town attorney; Linda Harper, deputy town clerk, (recording the minutes); Gina Bobber, director of planning and zoning; Kendra Stephenson, senior engineer; Stephanie Sudano, director of engineering; Cecil Parker, chief of public safety; Len Bradley, director of parks and recreation (arrived at 8:00 pm); and Drew Holland, finance director.

 

2 and 3.  The pledge of allegiance was recited, and the meeting opened with an invocation by Rev. Don Brown, pastor of Village Church of Holly Springs.

 

4.  Agenda Adjustment:   The Nov. 16, 2004 meeting agenda was adopted with changes, if any, as listed below.                                   

            Motion By: VanFossen

            Second By:  Womble

Vote: Unanimous

            Items Added to the Agenda:  None.

            Consent Agenda Items Removed: None.

            Other Changes:  None.

 

5.   Red Ribbon Poster Contest Award – Pat Anderson, on behalf of the Wake County Parent Teacher Association’s Character Education Program that sponsored a recent Red Ribbon Week poster contest, addressed the Council.  He explained that the Holly Ridge Elementary and Middle School PTAs this year launched a Red Ribbon Week program calling students’ and parents’ attention to the problems of drug abuse.  Many of the schools in the Wake County school system sponsored poster contests, and the winning artists received prizes for their work, Mr. Anderson said.

Mr. Anderson displayed the Holly Ridge Elementary School winning poster.

Mayor Pro Tem Dickson presented a certificate of achievement to Christian Robinson in recognition of his being named the first place winner of the poster contest from Holly Ridge Elementary.  Christian’s poster was framed and will be displayed along with all other winning posters from throughout Wake County at Cary Towne Center shopping mall. 

 

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

            6a.  Budget Amendment, $2,500The Council adopted an amendment to the FY 2004-05 budget in the amount of $2,500 to accept a North Carolina League of Municipalities wellness incentive grant.  A copy of the budget amendment is incorporated into these minutes as an addendum page.

            6b.  Budget Amendment, $14,050 – The Council adopted an amendment to the FY 2004-05 budget in the amount of $14,050 to accept insurance proceeds for a damaged Public Safety boat.  A copy of the budget amendment is incorporated into these minutes as an addendum page.

6c.  Budget Amendment, $40,000 – The Council adopted an amendment to the FY 2004-05 budget in the amount of $40,000 to redistribute Parks and Recreation revenues to reflect closer to actual figures.  A copy of the budget amendment is incorporated into these minutes as an addendum page.

            6d.  Special Retreat Meeting –The Council set a special meeting retreat session to begin at 4:30 p.m., Tuesday, November 30, 2004. 

            6e.  Minutes – The Council approved the minutes of the board’s regular meeting held on November 2, 2004.

 

7.  Holly Springs Fire Station – Mr. Brian Simpson of Little Diversified Architectural Consultants asked the Council to select exterior materials for the Holly Springs Fire Station prior to award of the construction bid.  He presented the board with the original design elevation and several alternate options to consider.

            After much discussion, the Council members were in agreement that the most preferable exterior treatment would be Alternate 4, to add brick siding to the north building elevation.

Action:  The Council approved a motion to select Alternate 4, to add brick siding to the north building elevation, for the Holly Spring Fire Station project.

            Motion By:  Womble

            Second By:  Dickson

            Vote:  Unanimous

 

8a.  Holly Springs Fire Station Bid Award -  Mr. Simpson said the Council is asked to consider awarding the bid for construction of the Holly Springs Fire Station, to be located on Flint Point Lane. 

Charles Todd of Little Diversified Architectural Consultants explained to the Council that because only two contractors were present at a pre-bid conference on the site, a decision was made to extend the bid opening date to Nov. 16 at 10:00 a.m. from the original date of Nov. 9 at 2 p.m.  All the contractors and sub-contractors were notified with a written addendum stating the new date and time, which was faxed and mailed.

Mr. Todd reviewed with the Council members the base bids and alternates 1, 2, 3 and 4 and the amounts of each bid. 

There was much discussion of the bidding process that was followed and of the fact that one bidder, Raleigh Durham Construction, had not supplied information for Alternate No. 4.  It was agreed that the company’s “no value” response to Alternate No. 4 was to be interpreted as “$0;” therefore, Raleigh Durham Construction would be the apparent lowest responsive and responsible bidder and a motion to approve a contract with the company should include a provision that the contract would be value engineered to align the cost of the project with the Town’s $2 million budget.

            Council members VanFossen, Dickson and Mayor Sears were in agreement that Alternate 1, to exchange asphalt paving for concrete paving at the front apparatus bay apron; Alternate 3, to exchange dimensional asphalt shingles on the roof for a standing seam metal roof; and Alternate 4, adding brick materials to the north side elevation, should be included in the contract.

Council members Pearson and Womble were in agreement that Alternates 1 and 4 should be included in the contract.

Action:  The Council approved a motion to award, contingent upon approval by the Local Government Commission, the construction contract for the Holly Springs Fire Station project to the apparent responsive and responsible low bidder, Raleigh Durham Construction, with the contract to include Alternates 1, 3 and 4 as described and a provision that the Town will value engineer the contract to align the cost of the project with the Town’s $2 million budget.

Motion By: Pearson

            Second By: Womble

            Vote:  Unanimous

A copy of Holly Springs Fire Station bid tabulation sheet is incorporated into these minutes as an addendum page.

 

8b.  Twelve Oaks Developer Agreement Amendment –  Mr. Dean said that the developer of Twelve Oaks PUD is requesting a 6-month extension of the developer agreement to change the completion date of the golf course from Dec. 31, 2006 to Dec. 31, 2007.

Mr. Dean said that the PUD amendment has been approved administratively, but the amendment to the developer agreement needs to be confirmed by the Town Council.

Mr. McKay updated the Council on the project, saying he would like to hold to the original design of customizing the development and maintaining the town’s vision of the community. 

Action:  The Council approved a motion to amend the Twelve Oaks PUD developer agreement to change the completion date of the golf course from December 31, 2006 to December 31, 2007. 

Motion By: Dickson

            Second By: Womble

            Vote:  Unanimous

            A copy of the Twelve Oaks developer agreement amendment is incorporated into these minutes as addendum pages.

 

8c.  Estes Lane Paving Project – Ms. Stephenson requested approval for the Town to enter a profession service agreement with Mauldin-Watkins Surveying in the amount of $1,980, inclusive of a 10% contingency, for construction staking for the Estes Lane paving project. 

      Councilman Womble asked when construction of Estes Lane will start.  Ms. Stephenson said the construction of paving Estes Lane will start in December, 2004.

            Action:  The Council approved a motion to enter a professional services contract with Mauldin-Watkins Surveying in the amount of $1,980, inclusive of a 10% contingency, for construction staking of Estes Lane.

Motion:  VanFossen

            Second:  Dickson

            Vote:  Unanimous

A copy of the Mauldin-Watkins Surveying contract 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 Council on any variety of topics not listed on the night’s agenda.  The following citizens were heard:  None.

                                   

10.  Other Business:  Councilman Womble requested town staff to add additional speed limit signs along Grigsby Avenue starting from Maple Avenue and ending at Estes Lane. 

 

11.  Manager’s Report: Mr. Dean advised the Council that the Town Council retreat is scheduled for Nov. 30, at 4:30 p.m. at Town Hall and that dinner will be arranged.

Mr. Dean reminded the Council of the Economic Development business appreciation reception scheduled for 5 to 7 p.m. Thursday, Nov. 18, at the Bass Lake Retreat Center.

He said Town Hall will be closed Nov. 25-26 for the Thanksgiving holiday. 

            Mr. Dean advised the Council he understands that a group of residents has called a citizens meeting for Wednesday, Nov. 17, and he said he would like to comment on some of the issues that he has heard will be discussed.

He said he understands one of the issues regards a high density development that was approved several years ago by the Town Board and, after several revisions, is now known as Sunset Bluffs.  The development is planned for a piece of property on Sunset Lake Road. He said some of the residents may be new to the area and not realize the history of development plan that has evolved into Sunset Bluffs.  He noted that the latest single-family residence development plan not only is well-suited for the property, but is far superior to the original multi-family development plan.

Mr. Dean noted that comments had been made that there are no plans for widening Sunset Lake Road.  He reported that the Town will continue improving and upgrading NC Department of Transportation (NCDOT) roads in the future, as the Town is doing now in improving and widening Sunset Lake Road and Holly Springs Road.  He added that the Town and developers have and will continue providing improvements as needed along other major State roads as development occurs and as road segments appear on the Town’s Thoroughfare Plan.  He said that it’s not uncommon that proposed and completed road improvements don’t reflect on the NC DOT 7-year major thoroughfare plan, as one resident has claimed as evidence that Sunset Lake Road will not be widened. 

            Mr. Dean said another topic for discussion is spot zoning in connection with the recent rezoning of property located at 5432 Sunset Lake Road.  Mr. Dean said there has been much discussion regarding the definition of spot zoning.  Ms. Bobber said that if a zoning change request is compatible with the Comprehensive Land Use Plan, or if the Town considers a rezoning request simultaneously with an amendment to the Comprehensive Land Use Plan, it would not be considered spot zoning.

            Councilman VanFossen said that this subject is the second time spot zoning has been mentioned and that maybe the Council needs to review with the Planning Board the definition of spot zoning.

Mayor Sears said there has been some negative talk in the community alleging that some Town Council members have a financial interest in the recently rezoned property at 5432 Sunset Lake Road and the upcoming Sunset Lake Townhomes project.

For the record, each member of the Council stated that he has no financial interest in either of those projects.

 

12. Closed Session: The Council approved a motion to enter into Closed Session,

pursuant to G.S. 143-318.11(a)(3) for the purpose of discussing with the Town Attorney under the client-attorney privilege a matter of upcoming mediation with Holly Springs Quality Food Mart related to condemnation of road right of way.

Motion By: VanFossen

Second By: Dickson

Vote: Unanimous

 

General Account of Closed Session – November 16, 2004

In Closed Session, the Town Council gave direction to the Town Attorney in the matter of condemnation mediation with the Holly Springs Quality Food Mart, LLC.  The Council also suggested that in the future the Council should enter Closed Session when discussing the legalities of the bidding process, rather than discussing it in open session and exposing the Town to potential litigation from contractors who might be present.

-- End General Account

 

Councilman VanFossen approved a motion to return to Open Session.  The motion was seconded by Councilman Dickson, and a unanimous vote followed.

 

13.  Adjournment:  There being no further business for the evening, the Nov. 16, 2004, meeting of the Holly Springs Town Council was adjourned following a motion by Councilman Womble, a second by Councilman Dickson and a unanimous vote.

 

Respectfully Submitted on Tuesday, Dec. 7, 2004.

                       

 

 

 _________________________________

Linda R. Harper, CMC, Deputy Town Clerk

Addendum pages as referenced in these minutes follow and are a part of the official record