Holly Springs Town Council

Special Meeting

November 30, 2004

MINUTES

The Holly Springs Town Council met in a duly-called special meeting on Tuesday, Nov. 30, 2004, in the Council Chambers of Holly Springs Town Hall, 128 S. Main Street. Mayor Dick Sears presided, calling the meeting to order at 4:50 p.m. A quorum was established as the mayor and three board members were present as the meeting opened.

Board Members Present: Councilmen Parrish Womble, Chet VanFossen, and Hank Dickson and Mayor Sears.

Board Members Absent: Councilman Ernie Pearson (arrived at 5:20 p.m.) and Councilman Peter Atwell (arrived at 4:55 p.m.)

Staff Members Present: Carl Dean, town manager; Charles Simmons, assistant town manager; Joni Powell, town clerk (recording the minutes); Stephanie Sudano, director of engineering; Kendra Stephenson, senior engineer; Amy Moore and Carl Dangerfield of the Department of Water Quality; Jenny Mizelle, director of economic development; Drew Holland, finance director; John Dee Jones, fire chief; Kevin Ashworth, assistant fire chief; John Schifano, town attorney; Len Bradley, director of parks and recreation; Gina Bobber, director of planning and zoning; and Adam Lindsay, finance department intern.

Others Present: Mr. Leo Green of Green Engineering, consulting engineers; Mr. Ed Powell, of Davis-Martin-Powell Consulting engineers; and Joe Wynn of Heery International Consultants.

The purpose of the meeting was to hold a fall retreat to focus discussion on the Town’s options for wastewater treatment in the future; the issue of the pending South Wake Landfill; the fire station project; the library/cultural center; and a community center. A segment of the meeting also was reserved for giving direction for the formulation of an agenda for the 2005 Winter Retreat.

Wastewater Treatment Options

Mr. Green addressed the Board to outline his firm’s Utility Rate Projections that would be needed to pay for planned wastewater treatment system improvements.

Currently, the plan is to expand the existing wastewater treatment plant to a 6 million gallon per day capacity facility, to be discharged into Utley Creek until such time as the Western Wake Wastewater Treatment Plant is completed, pending a Special Order of Consent (SOC).

Once the Western Wake WWTP is online, the Town would begin pumping its treated effluent to that facility for discharge into the Cape Fear River. Discharge into Utley Creek would then be zero.

The cost of this option is more cost-effective for the Town than full participation in the Western Wake WWTP, Mr. Green said, outlining his rate projections that would be charged over the next several years to pay for the project.

Mr. Dean and Ms. Sudano pointed out that an amendment to the regional wastewater inter-local agreement would place Holly Springs in the position of owning a proportionate share of the effluent line, and the Town’s name will be put along with the Town of Cary on the permit.

The amendment modifies language related to the land acquisition (Cary to finance) and revises the percentage participation calculation to be more in Holly Springs' favor than the originally approved amendment document.

The cost savings of this arrangement will be substantial over full participation in the regional wastewater treatment plant, which is not in the best interest of Holly Springs because of the extremely high cost.

Mrs. Sudano pointed out the Council with an amended Memorandum of Understanding

South Wake Landfill Options

Mr. Simmons outlined for the Council an update of the County’s investigation into landfilling solid waste at the proposed South Wake Landfill site compared to hauling the county’s household garbage to a landfill operation outside of Wake County.

He stressed that the Town’s strategy is to convince Wake County that hauling out of county – while not necessarily less expensive -- will be only slightly more expensive if not nearly the same cost; and, therefore, more desirable for not only Holly Springs, but all of Wake County. He also pointed out that individual municipalities may find that their individual costs would be actually cheaper, which would impact the County’s decision.

Mr. Simmons said another point the Town is making is that if South Wake Landfill is developed as planned, the Town of Holly Springs will expect to be provided tipping fees, a number that is not figured into a recent survey of haulers. Figuring in the tipping/host fees may make the option of hauling the county’s solid waste to another facility even more cost-effective, he said.

Mr. Simmons explained to the Council that several options are being explored, and that the most desirable outcome for Holly Springs would be what is being referred to as “Option A,” which is hauling out of the county.

At the technical review committee level, Option A is still on the table, but is clearly not a preferred option, based on questions that are being asked, Mr. Simmons reported.

Option C, which involves a private company to finance, construct, haul and operate the South Wake Landfill as well as the County’s transfer stations, seems to be the favored option among those attending the committee meetings, he added.

The feasibility of the South Wake Landfill operation hinges upon the participation of the City of Raleigh, which has thousands of garbage customers. Mr. Simmons speculated that if the City of Raleigh were to follow suit with the Town of Holly Springs and the Town of Cary, which both ship garbage to a landfill in Sampson County, then the South Wake Landfill will not be feasible for Wake County.

“Everyone agrees that South Wake will be last landfill in Wake County,” Mr. Simmons said, adding that even Wake County officials believe that after the lifespan of South Wake is exhausted, the County will then have to start shipping waste to a private landfill(s). So, Mr. Simmons reasoned, “Why can’t North Wake be the last one?” North Wake is scheduled to close in 2007.

Mr. Simmons explained to the Council that the Town is basing its estimations of value and benefit to the county on potential and realistic industrial development on the property. Wake County’s argument, however, that the property used for development instead of a landfill will not have much impact is based on residential development of the site.

Mr. Simmons told Council members that now is the time for them to call their counterparts in other communities and lobby for Option A. Each town will be asked to vote on participation around the first of the year, he said, adding that if there are enough participants willing to chose Option A, Wake County may have to abandon its plans to stay in the landfill business.

He urged elected officials to contact their counterparts in other municipalities to provide the information Holly Springs has formulated, which probably illustrates the potential financial scenarios more accurately than the figures contained in the haulers survey at first indicate.

Councilmen agreed that they should attend organized regular meetings of boards and councils in the county with an informative presentation geared toward obtaining countywide support for Option A.

Mr. Simmons asked the Council if it would be willing to set up a special tax district, more appropriately called an interlocal agreement, for the landfill site. As it is developed, he said, the Town of Holly Springs could possibly share the revenues collected from increased tax base with other towns in the County. In that way, he said, the other towns in Wake County would benefit directly from Option A.

Councilmen agreed, and a 25-year format was discussed. No formal action was taken at this time.

Councilman Atwell suggested that the entire Holly Springs Council attend each of the meeting in a show of strength and conviction and to provide some comprehensive information in an easy-to-understand, concise format.

The Council directed Mr. Simmons, Ms. Powell, Ms. Ward and Mr. Schifano to devise such a presentation for the Council to use; to get information on each municipality’s meeting and agenda packet deadline schedule; to publicize the Council’s efforts and generate public understanding of the issue; and to investigate the legalities of creating a mechanism for shared revenues if the County’s landfill property were to eventually be developed.

At this time, there was a break. During dinner, council heard a preview of information of a development plan that will be coming to the Council in December. The Council also discussed what constitutes proper conduct for elected and appointed officials. The Council requested that the Clerk provide a draft Code of Ethics for consideration at its Winter Retreat.

Fire Station

Back in the meeting room, the Council resumed with its agenda.

Mr. Schifano explained that there was some confusion with how advertising of the bid opening for the fire station was handled and how the Council determined a low bidder when it appeared that incomplete information was provided by the bidder. He recommended that the Council authorize that original bids received be rejected and that the project be rebid.

Some on the Council stressed that the confusion was not caused by the Town, but by the architectural firm that designed the building and is managing the construction of the project.

Mr. Schifano responded that he would write a letter to those who bid in the first round. He said the letter would state that the Council did not feel it acted in bad faith, but it has decided that it would err on the side of caution and rebid the project properly.

Mr. Dean asked the Council if it would give direction as to its preferred alternates in the project so that the project can be rebid as a single-bid project instead of one with alternates. He said he particularly wanted to address the inclusion of a metal roof, which was a $157,000 alternate. He said he was more concerned with the inside of the building than its outward appearance, but if the Council feels strongly about it, then it should be included in the base bid instead of as an alternate. He pointed out that if the project comes in terribly over budget, the metal roof could be “value engineered” out of the project and replaced with more cost-effective shingles.

Council decided to bid the project to include all the items that were alternates in the first bid advertisement.

Action #1: The Council approved a motion to reconsider its previous motion to approve a low bidder in the project due to the consultant’s failing to notify all bidders of changes in the bid opening date and of alternate bids requested.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

Action #2: The Council approved a motion to reject all previous bids and to authorize the project to be rebid to include all alternates from the original bidding in a base bid.

Motion By: VanFossen

Second By: Atwell

CIP

Mr. Lindsay and Mr. Holland gave an overview of the Town’s draft Five-Year Capital Improvement Project plan. It illustrates, Mr. Lindsay said, how the Town needs to prioritize the projects and determine funding sources and payment schedules.

Cultural Center / Library

Ms. Mizelle reported to the Council that the Town and Mr. John McNeil, who disagrees with the Town’s survey maps as to the property lines between the Town’s property and that of his mother, have agreed to disagree.

So that the project can move forward, the Town has recorded the deed, and an interlocal agreement with Wake County conveying the Town’s property to Wake County has been processed.

She then provided the Council with artist’s renderings of the architect’s design of the building. Some on the Council expressed disappointment that the architecture of the building was not more “timeless,” “traditional” or “imaginative.”

However, all on the Council agreed that the Town desires, needs and deserves a public library.

While members were not supportive of the schematic design and some felt that the Town’s portion of the funding for the project should yield more cooperation from Wake County officials for input into the design, the Council was not willing to delay the project further by demanding a design overhaul.

For $3 million, Councilman Atwell said, the building should be more attractive.

Action: The Council approved a motion to approve “with reservations” the schematic designs for the Wake County Library and Holly Springs Cultural Center provided by Little Diversified Architectural Consultants.

Motion By: Pearson

Second By: Womble

Vote: The motion carried following a 3-2 vote. Councilmen Pearson, Womble and Dickson voted for the motion. Councilman Atwell voted against. Initially, Councilman VanFossen did not vocally vote. Mayor Sears explained that, according to General Statute, a non-verbal council member response is counted as a “yes’ vote, Councilman VanFossen voted nay aloud. The final vote was 3-2.

Councilman Dickson said he just felt that people to whom he has spoken feel it is more important to have a library than to worry about how it is designed.

Recreation Center

Mr. Wynn explained that his firm took an in-depth look at a citizen survey conducted by the Town of Holly Springs last spring and used it to narrow its focus on a location of this planned facility.

He said he firm identified three potential sites in Holly Springs, including the existing W.E. Hunt Community Center property as well as two other locations that would serve the Town well.

He said the Town could demolish the Hunt Center and build on that site. He pointed out that the topography there would provide an interesting building, but that it would probably be more expensive to build, and there might be parking and access challenges.

Another option, he said, is that the Town could retain the existing building and add another one on the site. He said a problem with that plan would be that the old school building would be the “front door” to the facility, and that might not be desirable.

The identified location to the southwest provided positive attributes: flat land, it’s in a growth area, it has good access, is near the high school and long-term as the town grows, it would anchor that side of town so not everything is centrally downtown.

After much discussion, Council members maintained that its first and foremost choice is to use the existing Town-owned property where the Hunter Center is located. Council prefers that the existing building most likely should be demolished and replaced; that “the pit,” a flat field situated at the bottom of a severe drop-off several feet below the main portion of the property, should most likely be used as the foundation for a multi-story building that would bridge to the upper level of the property; that the center should include a game room, meeting space and perhaps a racquetball court; and that the center could be built in phases.

Council also agreed that the Town has a need for a new gymnasium capable of holding regulation-size playing courts.

Council also directed that staff and the consultants consider the possibilities of obtaining additional properties on the block so as to create a more visible facility with better access and parking options.

2005 Winter Retreat

Councilmen were asked to provide suggestions for winter meeting topics. Members will send their suggestions to the Town Clerk.

Some that were mentioned during the meeting were the final version CIP; the community center; clear-cutting and buffers between like uses; and an ongoing update of developments in the South Wake Landfill issue.

In discussion of these topics, Councilman Atwell said he would like staff to not wait until the winter retreat to address the issue of clear-cutting property. He said he would like the process to enact local ordinances prohibiting the clear-cutting of trees and promoting the preservation of natural buffers to begin immediately.

Adjournment: There being no further business for the evening, the Nov. 30, 2004, special meeting of the Holly Springs Town Council was adjourned at 10:05 p.m. following a motion by Councilman Womble, a second by Councilman Dickson and a unanimous vote.

Respectfully Submitted on Tuesday, Dec. 21, 2004.

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Joni Powell, CMC

Town Clerk