Holly Springs Town Council

Regular Meeting

 

February 15, 2005

 

MINUTES

 

The Holly Springs Town Council met in regular session on Tuesday, February 15, 2005, in the Council Chambers of Holly Springs Town Hall, 128 S. Main Street.  Mayor Dick Sears presided, calling the meeting to order at 7:00 p.m.  A quorum was established as the mayor and three council members were present as the meeting opened. 

 

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

 

Council Members Absent:  Councilmen Peter Atwell and Chet VanFossen.

 

Staff Members Present: Carl G. Dean, town manager; Chuck Simmons, assistant town manager; John Schifano, town attorney; Joni Powell, town clerk (recording the minutes); Gina Bobber, director of planning and zoning; Scott Hammerbacher, planner; Jeff Jones, planner II; Elizabeth Goodson, development review engineer; Kendra Stephenson, senior engineer; Stephanie Sudano, director of engineering; Len Bradley, director of parks and recreation; Thomas Tillage, director of water quality; and Drew Holland, finance director.

 

2 and 3.  The Pledge of Allegiance was recited, and the meeting opened with an invocation by Rev. Horace Ferguson, pastor of Holly Springs United Methodist Church.

 

4.  Agenda Adjustment:   The Feb. 15, 2005 meeting agenda was adopted with changes, if any, as listed below.                                   

            Motion By: Dickson

            Second By:  Womble

Vote: Unanimous

            Items Added to the Agenda:  None.

            Consent Agenda Items Removed:  Remove from New Business agenda item 8e.,  consideration of approval of the remaining portion of contract for wastewater treatment plant expansion (which was addressed during the 6 p.m. special session). 

            Other Changes:  None.

 

5a.  Public Hearing:  Resolutions 05-01.1 and 05-06.1 –  Mr. Holland said that on Jan. 4, 2005, the Town Council held a public hearing on the question of the Town's financing the development costs of the fire station on Flint Point Lane.  He said following the public hearing, the Town Council adopted Resolution 05-01, a resolution stating that the Town Council had determined certain findings of fact, including that installment financing is more desirable than other types of financing.

            Since that time, he reported, town staff had determined that another public hearing was necessary – as the first hearing notice was not published by the newspaper as required by State statute and because the lending institution requires adoption of documents in a particular format not generally used by the Town.

            The following is a record of the proceedings for this public hearing and of action taken following the hearing.

“The Town Council of the Town of Holly Springs, North Carolina held a regular meeting in the Council Chambers of Holly Springs Town Hall, 128 S. Main Street, in Holly Springs, North Carolina, the regular place of meeting, at 7:00 p.m. on February 15, 2005.

Present: Mayor Richard G. Sears, presiding, and Council Members Ernest C. Pearson, Parrish Womble, and Hank Dickson.

Absent:  Council Members Peter Atwell and Chet VanFossen.

Also present:  Carl Dean, town manager; Chuck Simmons, assistant town manager; John Schifano, town attorney; Joni Powell, town clerk (recording the minutes); Drew Holland, finance officer; Len Bradley, director of parks and recreation; Stephanie Sudano, director of engineering; Kendra Stephenson, senior engineer; Heather Keefer, environmental inspector; Gina Bobber, director of planning and zoning; Jeff Jones, planner II; Scott Hammerbacher, planner I; and other staff members of the Town of Holly Springs.

 

*     *     *     *

The Mayor announced that this was the hour and day of the public hearing on a proposed installment financing agreement to be entered into by the Town of Holly Springs pursuant to Section 160A-20 of the General Statutes of North Carolina, as amended (the “Act”), in a principal amount not to exceed $3,000,000 for the purpose of providing funds, together with any other available funds, to pay the cost of acquiring, constructing and equipping a fire station for the Town of Holly Springs and constructing related infrastructure improvements.  Such financing would be secured by a deed of trust on the site of the fire station and all of the buildings, improvements and fixtures to be located thereon. 

The Mayor acknowledged due publication of the notice of public hearing in a newspaper with a general circulation in said Town as required by Section 160A-20(g) of the Act and directed the Town Clerk to attach the affidavit showing publication in said paper on a date at least ten days prior to the date hereof as Exhibit A hereto.

The Mayor then announced that the Town Council would immediately hear anyone who might wish to be heard on advisability of the proposed project or financing as so described.

The persons making comments and a summary of such comments were:  None.

There being no comments, the public hearing was closed.

Thereupon, Mayor Sears introduced the following resolutions, the titles of which were read and copies of which had been distributed to each Council Member: Resolution 05-01.1 making findings of fact supporting installment financing as the best means of providing funding for this project and authorizing the Town to apply for Local Government Commission approval; and Resolution 05-06.1, a bank resolution setting out terms of the loan and authorizing a loan agreement with Wachovia Bank.

 

Resolution No.: 05-01.1

Date Submitted: Feb. 15, 2005

Date Adopted: Feb. 15, 2005

 

RESOLUTION OF THE HOLLY SPRINGS TOWN COUNCIL

AUTHORIZING THE FILING OF AN APPLICATION FOR APPROVAL OF A FINANCING AGREEMENT AUTHORIZED BY N.C.G.S. 160A-20

 

WHEREAS, the Town of Holly Springs, North Carolina desires to construct a new fire station (the AProject@) to better serve the citizens of Holly Springs; and

 

WHEREAS,  the Town of Holly Springs desires to finance the Project by the use of an installment financing contract authorized under North Carolina General Statute 160A, Article 3, Section 20; and

 

WHEREAS, findings of fact by this governing body must be presented to enable the North Carolina Local Government Commission to make its findings of fact set forth in North Carolina General Statute 159, Article 8, Section 151 prior to approval of the proposed contract;

 

NOW, THEREFORE, BE IT RESOLVED that the Town Council of Holly Springs, North Carolina, meeting in regular session on the 15th day of February, 2005, makes the following findings of fact:

 

1.   The proposed contract is necessary or expedient because the Town desires to improve fire protection services as quickly as possible and needs to replace an existing station.

 

2.   The proposed contract is preferable to a bond issue for the same purpose because the method of financing proposed best allows the Town to pay for the improvements over a shorter period of time, thereby saving long-term costs to the Town.

 

3.  N/A [The cost of financing under the proposed contracts are greater than the cost of issuing general obligation bonds.]

 

4.   The sums to fall due under the contract is adequate and not excessive for the proposed purpose because the general fund generates adequate revenues to meet the debt obligations, and the debt meets the purpose as outlined in the General Statutes.  Further, the Town can invest existing fund balance at a higher rate than the proposed interest rates, providing extra revenues to offset the debt obligations.

 

5.   The Town of Holly Springs= debt management procedures and policies are good because they fully comply with all statutory requirements involving debt management.

 

6.   The increase in taxes necessary to meet the sums to fall due under the proposed contract will be -0- cents per $100 valuation and is not deemed to be excessive.

 

7.   The Town of Holly Springs is not in default in any of its debt service obligations.

 

8.   The attorney for the Town of Holly Springs has rendered an opinion that the proposed Project is authorized by law and is a purpose for which public funds may be expended pursuant to the Constitution and laws of North Carolina.

 

9.   The Town=s probable net revenues will be sufficient to meet the sums to fall due under the proposed contract of the project to be financed.

 

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Town Manager is hereby authorized to act on behalf of the Town of Holly Springs in filing an application with the North Carolina Local Government Commission for approval of the Project and the proposed financing contract and other actions not inconsistent with this resolution.

AND, BE IT FURTHER RESOLVED that Resolution 05-01 adopted on Jan. 4, 2005 is null and void and is replaced in its entirety by Resolution 05-01.1.

 

This resolution is effective upon its adoption this 15th day of February, 2005.

Upon motion of Council Member Ernest C. Pearson, seconded by Council Member Parrish Womble, the foregoing resolution entitled “RESOLUTION OF THE HOLLY SPRINGS TOWN COUNCIL AUTHORIZING THE FILING OF AN APPLICATION FOR APPROVAL OF A FINANCING AGREEMENT AUTHORIZED BY N.C.G.S. 160A-20” was passed by the following vote:

 

Ayes: 3 (Councilmen Ernest C. Pearson, Parrish Womble, and Hank Dickson.)

Noes:  0

            Absent and not voting:  2 (Councilmen Peter Atwell and Chet VanFossen.)

 

Resolution No.: 05-06.1

Date Submitted:  Feb. 15, 2005

Date Adopted:  Feb. 15, 2005

 

RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT FINANCING AGREEMENT, A DEED OF TRUST AND RELATED DOCUMENTS IN CONNECTION WITH THE FINANCING OF CONSTRUCTION OF A FIRE STATION AND RELATED INFRASTRUCTURE IMPROVEMENTS

BE IT RESOLVED by the Town Council (the “Town Council”) of the Town of Holly Springs, North Carolina (the “Town”):

 

Section 1.  The Town Council does hereby find and determine as follows:

(a) There exists in the Town a need for the acquisition, construction and equipping of a fire station and related infrastructure improvements (the “Project”).

(b) After a public hearing and due consideration, the Town Council has determined that the most efficient manner of financing the Project will be through the entering of an Installment Financing Agreement (the “Agreement”) between the Town and Wachovia Bank, National Association (the “Bank”) pursuant to Section 160A-20 of the General Statues of North Carolina, as amended.  Pursuant to the Agreement, the Bank will advance moneys to the Town in an amount sufficient to pay the cost of the Project, and the Town will repay the advancement in installments, with interest (the “Installment Payments”).

(c) In order to secure the repayment pursuant to the terms of the Agreement by the Town of the advance of moneys for acquisition and construction of the Project, the Town will execute and deliver a Deed of Trust (the “Deed of Trust”) granting to the Bank a lien on the site of the Project and all buildings, improvements and fixtures located or to be located thereon. 

(d) There has been presented to the Town Council at this meeting drafts of the Agreement and the Deed of Trust.

 

Section 2.  In order to provide for the financing of the Project, the Town is hereby authorized to enter into the Agreement and receive an advancement pursuant thereto in a principal amount not to exceed $3,000,000.  The Town shall repay the advancement in installments due in the amounts and at the times set forth in the Agreement.  The payments of the Installment Payments shall be designated as principal and interest as provided in the Agreement.

 

Section 3.  The Town Council hereby approves the Agreement and the Deed of Trust in substantially the forms presented at this meeting.  The Mayor and the Town Manager are each hereby authorized to execute and deliver on behalf of the Town each of said documents in substantially the forms presented at this meeting, containing such insertions, deletions and filling in of blanks as the person executing such documents shall approve, such execution to be conclusive evidence of approval by the Town Council of any such changes.  The Town Clerk or any Deputy or Assistant Town Clerk is hereby authorized and directed to affix the corporate seal of the Town to each of said documents and to attest the same.

 

Section 4.  No deficiency judgment may be rendered against the Town in any action for breach of any contractual obligation authorized pursuant to this resolution and the taxing power of the Town is not and may not be pledged directly or indirectly to secure any moneys due under any contract herein authorized.

 

Section 5.  The Mayor, the Town Manager, the Finance Director and the Town Clerk of the Town, and any other officers, agents and employees of the Town, are hereby authorized and directed to execute and deliver such closing certificates, opinions and other items of evidence as shall be deemed necessary to consummate the transactions described above.

 

Section 6.  The Town hereby represents that it reasonably expects that it, all subordinate entities thereof and all issuers issuing obligations on behalf of the Town, will not issue in the aggregate more than $10,000,000 of tax-exempt obligations (not counting private-activity bonds except for qualified 501(c)(3) bonds as defined in the Code) during calendar year 2005.  In addition, the Town hereby designates each of the installment payments under the Agreement as a “qualified tax-exempt obligation” for the purposes of the Code. 

 

Section 7.  This resolution shall take effect immediately upon its passage.

 

Upon motion of Council Member Ernest C. Pearson, seconded by Council Member Parrish Womble, the foregoing resolution entitled “RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT FINANCING AGREEMENT, A DEED OF TRUST AND RELATED DOCUMENTS IN CONNECTION WITH THE FINANCING OF CONSTRUCTION OF A FIRE STATION AND RELATED INFRASTRUCTURE IMPROVEMENTS” was passed by the following vote:

 

Ayes: 3 (Councilmen Ernest C. Pearson, Parrish Womble, and Hank Dickson.)

Noes:  0

Absent and not voting:  2 (Councilmen Peter Atwell and Chet VanFossen.)

Copies of Resolutions 05-01.1 and 05-06.1 and a copy of the affidavit of publication evidencing published public notice of the hearing and referenced in this record as Exhibit A, are incorporated into these minutes as addendum pages.

*     *     *     *     *     *

I, Joni Powell, Town Clerk of the Town of Holly Springs, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of the Town Council of said Town at a regular meeting held on February 15, 2005, as it relates in any way to the passage of the foregoing resolutions relating to an installment financing for the acquisition, construction and equipping of a fire station and related infrastructure improvements for said Town and that said proceedings are recorded in the minutes of said Town Council.

 

I DO HEREBY FURTHER CERTIFY that a schedule of the regular meetings of said Town Council, stating that the regular meetings of said Town Council, are held in the Council Chambers of Holly Springs Town Hall, 128 S. Main Street in Holly Springs, North Carolina, on the first and third Tuesday each month at 7:00 p.m., has been on file in my office at least seven calendar days prior to said meeting in accordance with G.S. §143-318.12.

 

WITNESS my hand and official seal of said Town this 18th day of February.

Holly Springs Town Council

Feb. 15, 2005

 
                                                                                                                                

                                                                                         [SEAL]

 

__________________________                                            _____________________________

Richard G. Sears                                                                    Joni Powell, CMC

Mayor                                                                                      Town Clerk

 

5b.  Public Hearing:  Rezoning Petition 05-REZ-01 Irving Property – Mr. Jones explained that the Town has received a petition for rezoning of 21.038 acres near the intersection of Sunset Lake Road and Edwards Drive from R-30 residential upon annexation to R-10 residential.  He said the subject property is located outside the Holly Springs jurisdiction, but is the subject of the following annexation hearing.

Mr. Jones said the request would be in conformance with the Land Use Element of the Comprehensive Growth Plan, which designates this area for medium-density residential development.

Mr. Jones reported that the Planning Board recommends approval, following a 5-1 vote.

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:  No action was taken at this time.

 

5c.  Public Hearing:  Annexation Ordinance A05-02 Irving Property - Mr. Jones said the Town has received a petition for voluntary annexation of 21.038 acres located along Sunset Lake Road near the intersection with Edwards Drive.  The petition meets all the statutory requirements for annexation, he reported.

Mr. Jones said that the parcel lies on the north side of Sunset Lake Road; however, the annexation boundary agreement between Holly Springs and Apex, does not address this area as the line comes to a stop a few hundred feet from this property.  He said that the Town’s utilities are located at the property, and the property is closer to Holly Springs than any other corporate municipal limits.   He said, therefore, the Town of Holly Springs deems it proper that this property owner be able to petition for voluntary annexation.

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 #1:  The Council approved a motion to adopt Annexation Ordinance A05-02 annexing 21.038 acres owned by Vivian E. Irving, and more particularly described as Wake County Pin: 0750.04-82-2422, into the corporate limits of the Town of Holly Springs.

Motion By:  Womble

            Second By:  Dickson

            Vote:  Unanimous

A copy of Annexation Ordinance A05-02 is incorporated into these minutes as addendum pages.

 

Action #2:   The Council approved a motion to approve Zone Map Change Petition #05-REZ-01 to change the zoning of Wake County PIN # 0750.04-82-2422 from R-30: Residential, to R-10: Residential district as submitted by John Teel of Stewart-Proctor.

Motion By:  Womble

            Second By:  Dickson

            Vote:  Unanimous

 

5d.  Public Hearing:  Annexation Ordinance A05-03 Murphy Property -  Mr. Jones said the Town has received a petition for voluntary annexation of land containing 104.943 acres located along and adjacent to the Arbor Creek PUD.  He said that the property is being developed as Bridgewater Subdivision.  He added that the petition meets all the statutory requirements for annexation.

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:  The Council approved a motion to adopt Annexation Ordinance A05-03 annexing 104.943 acres owned by Paul R. Murphy, and more particularly described as Wake County Pin(s): 0659.01-08-0731, 0649.02-98-7617, 0649.02-98-6544 and 0659.01-18-9873, into the corporate limits of the Town of Holly Springs.

Motion By:  Dickson

            Second By:  Womble

            Vote:  Unanimous

A copy of Annexation Ordinance A05-03 is incorporated into these minutes as addendum pages.

 

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

6a.  Budget Amendments #36 through #46  – The Council received a report of FY 2004-05 budget amendments #36 through #46.  A copy of the report of budget amendments #36 through #46 is incorporated into these minutes as an addendum page.

            6b.  Resolution 05-07 – The Council adopted Resolution 05-07, a reimbursement resolution for the wastewater treatment plant expansion.   A copy of Resolution 05-07 is incorporated into these minutes as addendum pages.

 

7.  Sunset Lake Office Building, 04-DP-04 Development Plan – Mr. Hammerbacher said Development Plan 04-DP-04 was tabled by the Council on Dec. 21, 2004, until additional information could be obtained relating to septic system capacities and the feasibility of obtaining an easement from an adjacent property for the installation of a sanitary sewer line.

            Mr. Hammerbacher said that the applicant has provided volumetric calculation of sewer capacity and documentation of communications with Sunrise Methodist Church.  He said that there are no changes in staff or the Planning Board’s recommendation since the Dec. 21 meeting, which is approval with conditions.  He pointed out that the staff recommendation for approval included additional conditions.

            Councilman Pearson asked if required landscaping would be enough to avoid disturbance of neighbors from car headlights.

            Mr. Hammerbacher said the property requires an opaque perimeter buffer, and the parking lot would require additional fast-growing shrubbery.

            Councilman Dickson said the two-foot holly bushes that are planned might be adequate if planted appropriately.

            Randy Miller of Thompson and Associates addressed the Council, pointing out that there is an 180-foot Progress Energy easement and elevation difference.  He suggested that a berm could be added to the plan between the parking lot and the affected residential properties and that the landscaping could be placed on top of the berm.

            The Council agreed that this would be a good suggested to add as a condition.

            Ms. Sudano addressed the issue of public sewer connection of the property.

            She said a private soil scientist has deemed the existing septic system on the site to be adequate; however, she said staff would recommend that a condition of approval be that Wake County provide a new permit or some sort of confirmation of the soil scientist’s findings.

            Paul Brewer, developer of the project, addressed the Council, explaining that, at the Council’s direction, the developer to renewed efforts to gain access across the property of Sunrise Methodist Church.  He said the church declined their request because the church is not sure what it will be doing with its property in the future, and it does not want to make any decisions now that would limit the full use of the property in the future.

            As for landscaping of parking lot, he said, the developer wants to add to the attractiveness of the neighborhood and not detract from it.  The berm, he agreed, would be a positive solution for both the neighbors and the developer.

Action:  The Council approved a motion to approve Development Plan #04-DP-04 for Sunset Lake Office Building as submitted by Paul Brewer, Project Number E-04-112, Revised November 8, 2004 with the following conditions:

1. The northern-most driveway is to be removed prior to CO for change of use. Additionally, the southernmost driveway shall be widened to Town standards to accommodate vehicle egress and ingress.

2. Roadway improvements required to be constructed with the project.

3. Documentation of adequacy of existing septic system must be provided for site to develop without connection to public sewer.  If such documentation cannot be provided, site will be required to connect to offsite public sewer.

4.  Stormwater discharged from site after development must equal or be less than that prior to development.

5.  A berm be added to a revised development plan between the parking lot and residential properties and putting landscaping on top of the berm to protect neighboring properties from glare of headlights.

            Motion By:  Dickson

            Second By:  Womble

            Vote:  Unanimous

 

8a.  Time Warner Cable’s 2005 Rate Filing Forms -  Mr. Bob Sepe of Action Audits, the Town’s cable consultant through the Triangle J Council of Governments cable consortium, explained to the Town Council the report he compiled for the Town's cable television franchise/rate filings after his review of Time Warner Cable's 2005 FCC 1240, FCC 1235 and FCC 1205 forms that were filed seeking approval to set new rates for regulated cable services.

Mr. Sepe said that as a local franchising authority, the Town is authorized to review TWC's annual rate forms to determine whether the operator's proposed rate increase for installation and lease of equipment conforms to FCC rules.  He said if the proposed rates are accurately calculated, pursuant to the FCC's regulations, the rate can be deemed reasonable and lawful under the 1992 Cable Act.  He said that this is for basic service and equipment lease rates.  Upper tier service rates can be increased by the cable company upon 30 days notice to the Town.

Mr. Sepe expressed his concern that Time Warner's Form FCC 1235 "add-on" rate no longer complies with the FCC's cost of service rate rules and that the company should submit a revised Form 1235.   And, he has requested additional financial information from Time Warner in an effort to clarify the company's recovery of upgrade charges, and the company has declined to provide him with the information.

He explained that between 1995 and 2000, Time Warner collected a monthly fee of $1.89 from each customer to recover capital costs of a future system upgrade, which was completed in 2000. In 10 years, the upgrade charge should eventually decrease or even disappear as the original debt is retired, he said.  He added that the upgrade charge should decrease as Holly Springs has doubled in customer base, so he believes the rate should be substantially less and that there may have been substantial over-recovery of the capital cost.  Time Warner, however, has not supplied the information needed to make this determination.

Mr. Sepe said that his recommendation, then, is to adopt the his proposed Rate Order accepting the rates contained in Time Warner Cable's Forms 1240 and 1205; and rejecting the company's Form 1235; and ordering that a revised Form 1235 and financial upgrade recovery cost summary statement be presented to the Town of Holly Springs within 30 days of adoption of the Order.

With that explanation completed, Mayor Sears said that this is not a public hearing but opened the meeting to accept public input.  The following comments were recorded:  None.

There being no comments, the public comment section was closed.

Ms. Powell advised Mayor Sears that Andi Curtis of Time Warner Cable had requested that she be allowed to address the issue; however, Ms. Curtis was not present.  The Council agreed to table further discussion and action for a time to give Ms. Curtis time to arrive from another meeting in Apex.

 

At 8:45 p.m., Ms. Curtis arrived.

Ms. Curtis said the company would share information requested with the Town Council if action is deferred.  She said it is Time Warner’s position that form 1235 needs no resubmittal. She stressed that the cable company would be willing to provide the financial information directly with the Town, but indicated the company was not willing to share the information with the Town’s consultant.

The Council consensus was to talk further about the matter in closed session.   

No action.

 

8b.  FY 2003-04 Financial Audit Report    Mr. Holland introduced Chris Abbott of Duke & Abbott, CPA’s. P. A., who presented to the Town Council the results of the Town’s FY 2003-2004 financial audit.

            In summary, he said the town was sound financial shape and that no deficiencies were noted in the Town’s record keeping practices during the year.  He stressed that it is rare for an auditing firm to not find any areas for improvement, and he commended the finance director, his department and all town departments.

            Action:  The Council approved a motion to accept the findings in the report and to commend the Town’s finance department for having no findings of deficiencies or management letter.

            Motion By:  Pearson

            Second By:  Womble

            Vote:  Unanimous

            A copy of the Duke & Abbott, CPA’s. P. A., report on compliance and on internal control over financial reporting is incorporated into these minutes as addendum pages.

 

8c.  Gable Ridge Flood Study Report - Ms. Stephenson explained that in October, 2004, the Town Council approved a contract with Sungate Design Group, P.A. to work with staff to model a number of possible improvements -- including detention, pipe upgrades, and an overflow channel – that would relieve flooding in the Gable Ridge drainage basin.

            Ms. Stephenson reported to the Council that the engineering design group determined that the existing drainage pipe is damaged, causing complete failure of the pipe to handle the flow of water.  Ms. Stephenson said town staff would like council direction as to how the Town should proceed in alleviating frequent flooding conditions in this area.  Options, she said, would include providing detention areas, replacing the pipe, building a drainage channel or a combination of any or all three of these things.

            Ms. Stephenson added that after agenda packets were issued to council members on March 9 with staff recommendations enclosed, postcards were mailed to residents in the drainage basin.  Resident questions and comments, she said, have prompted staff to change its recommendation from asking the council to decide the best means of moving forward to delaying a decision on how to proceed until after an informational meeting is held with residents of the neighborhoods affected.

            She said staff would like to first hold a public informational meeting with all affected residents and then return to council with their comments and possibly a revised recommendation reflecting how residents of the area would like the town to proceed.

            She noted, however, that there is a sense of urgency about the project, so staff would like to get with residents as soon as possible so that work can begin as soon as it is practical.

            Ms. Stephenson introduced Mr. Charlie Musser of Sungate Design, who was available for questions on the study’s results.  Mr. Musser outlined each of the options listed in his report.

            Staff provided the Council with an Excel spreadsheet describing each of the options, the estimated cost, notes on environmental agency permitting and street disruptions issues for each option, and anticipated water flow reduction the Town could expect from each under two scenarios:  a 25-year storm event and a 100-year storm event.

            Mayor Sears then invited Mr. Bill Donson to take the floor, as he had signed up to speak on this issue under Public Comment.  Mr. Donson said his lot is the most impacted property in the neighborhood.  He said he is looking forward to the public information meeting to be scheduled by staff as a forum to address his concerns.

            Members of the Town Council agreed in discussion that they, too, would like to hear what residents believe would be the best solution.

            Mayor Sears invited Mr. Alex Guess to speak.  Mr. Guess explained that a creek bed goes between his and Mr. Donson’s property.  He said their concern is the structural damage to pipe and the resulting dangerous conditions of rapid flood waters that flow between his and Mr. Donson’s homes.  He thanked the Council for directing engineering staff to assist with this problem last fall, and he thanked the engineering department for staff courtesy in responding to concerns and their quick work to find a solution.

            Mayor Sears asked what type of media would be used to notify residents of the public information meeting.

            Ms. Stephenson said a postcard notification is planned.  Council members asked staff to go an extra step by providing information on the Town’s website and with flyers or door-hangers for residences.

            Councilman Dickson asked how Wake County Public School System was addressing erosion control issues that were identified as one of the problems.

            Ms. Stephenson said the contractor is working -- albeit slowly -- to stabilize the area.

            Action:  The Council approved a motion to table further discussion until March 15 – or as soon thereafter as is practicable -- following an informational meeting with residents.

            Motion By:  Womble

            Second By:  Dickson

            Vote:  Unanimous

 

8d. Sunset Ridge Pump Station Sewer Odors - Mr. Tom Mix, a resident of Sunset Ridge subdivision, addressed the Town Council regarding sewer odors emitting from the Sunset Ridge pump station adjacent to his property. 

Mr. Mix said his original concerns with enlargement of the pump station were its appearance, its visibility, the footprint of the project and odor.

While the town worked to address most of his concerns, Mr. Mix said, odor has been and continues to be a problem.  He reported that the smell is overwhelming at times and that he cannot fully enjoy his own property.

Mr. Mix said when he notices an odor, he calls Mr. Tillage, and Mr. Tillage responds.  He said Mr. Tillage would make adjustments that would temporarily solve the problem, but, after a while, whatever adjustments were made would no longer work.

Mr. Mix said a charcoal filter did not work.  Odor blockers did not work. He said he is frustrated.

Councilman Pearson asked if Mr. Mix had any suggestions as to what could be done that is not being done.  Mr. Mix suggested treating the wastewater upstream, perhaps.

Mayor Sears said solving problems at the pump station is a work in process and that the Council empathizes with Mr. Mix.

In reference to treating upstream, Mr. Tillage advised the Council that his department is treating wastewater upstream from the pump station.  He added that crews regularly clean this pump station of an unusually high amount of grease.  He said the odor control measures that are being taken have been effective at pump stations in other parts of town.

Mr. Mix asked if there was something that was stronger or more aggressive at controlling odors.

Mr. Dean said maybe increased flow at the pump station would help because it would move the water out, rather than letting it sit and accumulate odorous gases.  The pump might have to work more for longer periods of time, but it might be a solution.  He said this has not been attempted in the past because starting and stopping the pump more often might tear up the pump.

As for other types of upstream chemicals, Mr. Tillage said, he is using the recommended amount of ferrous sulfate, based on the amount of sulfides coming from this station.  For the level of sulfides, he explained, ferrous sulfate is the recommended chemical for odor control.

Chuck Carver, a neighboring resident, asked and was allowed to address the council.

Mr. Carver suggested the following measures:  replacing the charcoal filters more frequently and more regularly; eliminating duct tape on the piping and fittings; consulting an odor control expert; placing odor measurement devices to determine how much smell is being created and when so that the town can then understand with what it is dealing.

Mr. Mix said that when the pump station was put online in Summer 2002, there were weekly odor problems.  Since then, he added, measures that were taken to eliminate the problem did not work and it appears to him that the town has given up trying.  He stressed that the odor problem has been consistent.

Mr. Mix said that lately, the odor problem has been less frequent, but that it is still there.

Mr. Tillage responded to questions about increasing the flow in the pump station to keep the waste material moving through the system.  He said there would be increased costs to the town in regard to pump motor replacements and electricity.

The consensus of the Council was that this should be tried, regardless of the cost.

Mayor Sears said the town staff would look into the list of suggested solutions and make efforts and that the Council would revisit the situation again in March.

In agenda packets, Mr. Tillage had provided the Town Council members with an explanation of measures the Town has taken to this point in an effort to control odors associated with the presence of sewer gases (mainly hydrogen sulfide, which produces a rotten egg / sulfur smell and can be detected at very low concentrations) at the Sunset Ridge sewer lift station.  He said the following:

  Our Department, along with the Public Works Department, remove excessive amounts of grease from the lift station on at least a quarterly basis, and more often if necessary.

  We are adding an odor binding chemical called ferrous sulfate at the Middle Creek lift station, which pumps waste from the Middle Creek area into the Sunset Ridge lift station. We did extensive studies (in conjunction with The Wooten Company and US Filter) to determine correct feed rates to control hydrogen sulfide gas emissions at peak flow as well as low flow.

  To handle odors that might be escaping from the station itself, we installed a Carbtrol Odor Control System. This system uses an exhaust fan to pull odiferous gases from the wet well into a container saturated with potassium hydroxide impregnated carbon to adsorb and oxidize odor causing compounds.

 He said the hydrogen sulfide is broken down as it enters the system into water and sulfur.  He said the sulfur binds to the carbon surface and remains in the container while the water molecules are evaporated into the air.  A person can literally stand in front of the exhaust pipe to the Carbtrol System and not smell any odors, he said.

Action:  The Council directed that Mr. Tillage explore other measures as suggested and to report back to the Council in March.

 

 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:  None.

 

11.  Manager’s Report:   Mr. Dean reminded Councilmen of the upcoming Town Council Winter Retreat that is scheduled for Feb. 25-27 at Pine Needles Lodge in Southern Pines; and he reported that on March 9, an organization-wide customer service class will be provided to staff, so Town Hall will be closed at 3:15 p.m. on that day, if the Council would so direct.

            The Council agreed closing Town Hall would be worthwhile for this training.

 

            Councilman Pearson noted that there are dangerous nails sticking out from the recycling area.

            Councilman Womble noted overhanging branches on Earp Street in front of Officer Mike Bornes’ house, and that crews need to check for them all through the town. 

 

12. Closed Session:  The Council approved a motion to enter into Closed Session, pursuant to G.S. 143-318.11(a)(3) under the attorney-client privilege to discuss a matter of condemnation settlement and pursuant to G.S. 143-318.11(a)(7) to hear matters concerning investigation of alleged criminal misconduct of a Town employee and pursuant to G.S. 143-318.11(a)(4) discuss economic development incentives.

Motion By:  Womble

Second By:  Dickson

Vote: Unanimous

 

General Account of Closed Session – February 15, 2005

In Closed Session, the Town Council gave direction to the Town Attorney in regard to acquiring road right of way in connection with construction of the fire station; the Town Manager reported to the Council about the arrest, resignation and continuing police investigation of the Town’s former Parks and Recreation Department Athletic Director David Smith; and the Council discussed economic development incentives that may be offered to a specific company that may eventually locate a facility in Holly Springs.  

-- End General Account

 

Action:  The Council approved a motion to return to Open Session.

Motion By:  Dickson

Second By:  Womble

Vote:  Unanimous.

 

13.  Adjournment:  There being no further business for the evening, the Feb. 15, 2005, meeting of the Holly Springs Town Council was adjourned following a motion by Councilman Womble, second by Councilman Dickson and a unanimous vote.

 

Respectfully Submitted on Tuesday, March 15, 2005.

                       

 

 

 

 

 _________________________________

Joni Powell, CMC Town Clerk

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