Regular Meeting
MINUTES
The Holly Springs
Town Council met in regular session on
Council Members Present: Councilmen Ernie Pearson, Chet VanFossen and
Council Members Absent: Councilmen
Parrish Womble (arrived at
Staff Members Present:
Carl Dean, town manager;
2 and 3. The pledge of allegiance was recited, and the
meeting opened with an invocation by Rev. Otis Byrd, pastor of the First
Baptist Church of Holly Springs.
4. Agenda Adjustment: The
Motion
By: Dickson
Second
By: VanFossen
Vote: Unanimous
Items
Added to the Agenda: None.
Consent
Agenda Items Removed: None.
Other
Changes: None.
5. Mighty Mites
Yellow Jackets Football Team and Cheerleaders Recognition – Mayor Sears and Mayor Pro Tem Dickson presented members and
coaches of the Mighty Mites Yellow Jackets football team with certificates of
recognition and a team proclamation for their winning the East Wake County Football
League regular season, the East Wake Football League Tournament Championship;
and the National Youth Football League Tournament in Daytona Beach, Florida.
Action: None.
6. Consent Agenda: All items on the Consent Agenda were approved following a
motion by Councilman Atwell, a second by Councilman Womble and a unanimous
vote. The following actions were
affected:
6a. NC Local Government Debt Setoff Clearinghouse
Program – The Council adopted
an amendment to the local collection assistance fee rider to the Memorandum of Understanding
between the Town of Holly Springs and the NC Local Government Debt Setoff
Clearinghouse Program. A copy of the amendment to the Memorandum of Understanding is
incorporated into these minutes as addendum pages.
6b. Resolution 04-44 – The Council adopted Resolution 04-44, a resolution of
intent to abandon an unused road right of way located between the properties of
Warp Technologies and Inja Woo (formerly owned by G&G Properties), and
setting a public hearing for Tuesday, January 18, 2005. A
Copy of Resolution 04-44 is incorporated
into these minutes as an addendum page.
6c. Resolution 04-45 – The Council adopted Resolution 04-45, a resolution of intent to close
6d.
Resolution 04-46 – The Council adopted Resolution 04-46 directing the town clerk to
investigate annexation petition A04-12 and setting a public hearing on the
question of annexation for
6f.
6g.
Bank Bid Award – Fire Station Project – The Council approved Wachovia Bank as the low bidder for installment
financing for the fire station construction project. A copy of the bid tabulation sheet is incorporated into these minutes
as an addendum page.
6h.
Minutes – The Town Council approved the minutes of the
7a.
Mr. Jones
went on to say that these ordinances have enabled
Mr.
Jones explained that Section 160A-360 of Article19 of the North Carolina
Statutes addresses extraterritorial jurisdiction for cities and towns. The
criteria for determining jurisdiction location is based upon existing or
projected urban development and areas of critical concern to the town, as
evidenced by officially adopted plans for its development. The General Statutes
also state that a city of 10,000 to 25,000 persons may exercise powers over an
area extending not more than two miles.
He
said at the direction of the Town Manager, the Department of Planning and
Zoning has prepared a map of the proposed area of ETJ Extension. The area of ETJ Extension is in a non-disputed
area of the county following agreement lines with Apex,
He
said the major indicators of concern include utility services, thoroughfare
improvements, and the extent of existing and proposed development -- especially
the development of new subdivisions within our Urban Service Area that are not
being built to town standards and that are not connected to town utilities. Adopted and proposed plans in all of these
areas present an overall system designed to accommodate future growth in
Mr.
Jones said the Council is being asked to take a look at the proposed ETJ
Extension map and provide comments for any possible adjustments. At a later date, he added, the process of
gaining the extension from the county will begin with adoption of a resolution.
Mr.
Jones pointed out that the map features a few areas with which Wake County may
have concerns or questions, including the following: an area that is designated
on Holly Springs maps as an Holly Springs area, but which is designated on Wake
County maps as being in an area destined for Apex jurisdiction; another area includes
the subdivisions of Elizabeth Woods, Sandcroft and Fairview Wooded Acres, which
are not included in the Holly Springs request, and the county may ask why,
Jones said. He said
Mr. Jones
said
He asked
the
Action: None; however, consensus
of the
7b. Board of Adjustment and Planning Board - Ms. Bobber said that on Dec. 31, the terms
of several members of the Holly Springs Planning Board and Board of Adjustment will
expire; therefore, the Council is being asked to review the applications received
for the vacancies and to fill chairs held by “in-town” members on both boards.
She noted that members representing the
town’s ETJ are to be nominated by the Town Council, but selected by the Wake
County Board of
For
the Board of Adjustment, Ms. Bobber said, one in-town alternate position will
expire, and the current member holding the chair, Julie Woodcock, requests that
she not be re-appointed.
Also, ETJ
alternate member Steve Murray recently was appointed to fill a vacant ETJ
regular member seat, leaving the ETJ alternate seat vacant to be filled by the
Wake County Board of Commissioners.
For
the Planning Board, Ms. Bobber noted that two in-town members,
In
discussion, Councilman Hank Dickson said he was comfortable with delaying
appointments until members of the council could devise a questionnaire specific
to planning issues for the numerous applicants to fill out and return. He said he felt it would help him choose
between the applicants more effectively.
The
Council decided to consider the vacancies for ETJ members, since only one
application was received from the ETJ but to table consideration of the in-town
members because so many good applications were received.
Action: The Council
nominated Deidre Brice,
Motion
By: VanFossen
Second
By: Atwell
Vote: Unanimous
Councilman
Pearson suggested that, to narrow the list, council members individually rank
the applicants 1 through 10, based on the contents of applications and other
contacts that council members make by
Mayor
Sears agreed, asking council members to compile their lists and to email them
to him. He said he would then tabulate
the results and provide a master list at the next council meeting.
The
thought, he said, would be that the applicants receiving the most nominations
from
council members would likely be the
ones to be appointed or considered further in discussions.
7c.
She said that there was an existing contract for
professional services to develop construction drawings in place of the original
alignment, approved
Ms. Stephenson said the addendum includes the total of
$29,315, in addition, while discussing the new alternatives with the regulatory
agencies, it became clear that the Town needed particular environmental permits
that were not yet included in the scope of the professional services proposal. This work would cost an additional $5,300.
Action: The Council approved a motion to approve an addendum to the original contract
with Mulkey Engineering & Consultants in the amount of $38,078 ($29,315
plus $5,300 plus a 10% contingency) for the Ballentine Street Extension project
and to adopt a budget amendment to cover the costs from the Street Reserve
Fund.
Motion
By: VanFossen
Second
By: Atwell
Vote: Unanimous
A copy of the Mulkey Engineering & Consultants contract
amendment and budget amendment are incorporated into these minutes as addendum
pages.
7d. HSES Inter-local
Joint Use Agreement –
Mr. Bradley explained that the request before the Town Council is consideration
of a joint use
agreement between the Town of Holly Springs and Wake County Public School
System for shared use of recreational facilities at
Highlights of the agreement are that
the school would have use of the facilities Monday through Friday until
According to the proposal,
Councilman Dickson noted, the Town has significant maintenance responsibilities.
It appears slanted,
Mr. Bradley agreed, but the maintenance arrangement is an advantage to the
Town, he said, because staff can do a better job and keep the facilities in top
condition. He said he would rather be in
charge of maintenance than have the Town’s left at the mercy of a maintenance
contractor or the school system.
Action: The Council approved a motion to enter a
joint use agreement with the Wake County Public School System for shared use of
recreational facilities and maintenance of those facilities at
Motion
By: Pearson
Second
By: Dickson
In discussion, Councilman Dickson
suggested that since the Town will have maintenance responsibilities, then he
feels the proposed grafitti wall and water fountain feature should be
eliminated. Councilman Atwell agreed
that, since are both potentially high-maintenance items, eliminating them might
be a good idea.
Councilman Dickson also suggested
that Mr. Bradley urge the school system to select a person other than the HSES
gym teacher to serve as a liaison between the Town and the school system.
Vote: Unanimous
A copy of the Holly
Springs Elementary School Inter-local Joint Use Agreement between Holly Springs
and Wake County Board of Education is incorporated into these minutes as addendum
pages.
Mr.
Bradley said the grafitti wall and water fountain features are part of the
master plan for the park, which would have to be amended.
Councilman
VanFossen said he would like to hear from the Parks and Recreation Advisory
Committee before the Council amends the plan to eliminate the grafitti wall and
water feature.
10. 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.
11. Other
Business: Councilman Pearson suggested that the Town endorse the
Assignment by Choice movement. Mayor
Sears agreed it was a good program that features a Community Schools
spirit. He said he would invite Cynthia
Madsen to address the Council on the topic.
Councilman
Atwell mentioned clear-cutting, saying the Town should expedite a local
ordinance prohibiting it.
Councilman
Atwell asked if there was a way to manage the leaf collection schedule better
to provide better service.
Councilman
Atwell asked about the cross-walk on
Ms.
Stephenson reported on progress of the project, including the fact that staff
had difficulty finding contractors willing to do the work at a reasonable
price. She said the crossing provided
was installed because no contractors willing to build a raised surface were
available; also, she added, stormwater run-off and management was an issue.
Mr.
McNeil and Mr. Dean reported that making the cross-walk on Ballentine Street a raised
crosswalk could be used as a pilot program for the Town’s new sidewalk construction
crew with engineering’s assistance.
Councilman
Atwell asked that the Council be updated on the Town’s code enforcement
activities.
12. Manager’s Report: Mr.
Dean reminded members of the Town’s Christmas
party on
Friday
evening; the parade on Saturday morning; the sale of commemorative Christmas
ornaments; the veteran Christmas ornaments that were available; the Toys for
Tots drive; and that Santa Claus would be at Town Hall Thursday evening to hold
audience with the children of employees and members of the Council.
13. 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 few matters of condemnation.
Motion By: Womble
Second By: Dickson
Vote: Unanimous
General Account of Closed Session –
In Closed Session, the Town Council gave direction to the Town
Attorney in the matter of pending condemnations. No action was taken.
-- End General Account
Action: The
Council approved a motion to return to Open Session.
Motion By: Dickson
Second By: Atwell
Vote:
Unanimous.
14. Adjournment: There
being no further business for the evening, the
Respectfully
Submitted on
_________________________________
Town Clerk
Addendum pages as referenced in these minutes follow and are a part of the