Town of
Board of Commissioners Regular
Meeting
MINUTES
The Holly Springs
Town Board of Commissioners met in regular session on
Board Members Present: Commissioners Parrish Womble, Chet VanFossen
and Peter Atwell and Mayor Sears.
Board Members Absent:
Commissioners Mike Taylor and Hank Dickson.
Commissioner Dickson arrived at
Staff Members Present:
Carl Dean, town manager; John Schifano, town attorney; Joni Powell, town clerk
(recording the minutes); Tamara Ward, public information officer; Larry Boykin,
assistant finance director; David Smith, parks and recreation department
athletic director; Scott Barnard, Bass Lake Park manager; Gina Bobber, director
of planning and zoning; Alysia Bailey, senior planner; Kendra Thompson, town
engineer; and Stephanie Sudano, director of engineering.
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.
At
this time, Mayor Sears called for a change in the agenda so that a six-minute
promotional video of the Town of Holly Springs could be played for the
audience. The video, produced by Pat
Summerall Productions, lauds the town’s efforts at attracting industry and
businesses while maintaining a small-town family-friendly community.
4. Agenda Adjustment: The
Motion By: VanFossen
Second By: Atwell
Vote: Unanimous.
Items Added to the Agenda: Consideration of entering into a contract with Tetra Tech
Inc. for a water quality modeling analysis of Utley Creek in an amount not to
exceed $25,000 was added under New Business as Item 10f.; consideration of
Resolution 04-26 authorizing condemnation to acquire certain property owned by
Franklin D. and Eleanor B. Hart in connection with the Holly Springs Road fire
station project was added under New Business as Item 10g.; consideration of
Resolution 04-27 authorizing condemnation to acquire certain property owned by
Tri-South Development Inc. in connection with the Holly Springs Road and Sunset
Lake Road intersection project was added under New Business as Item 10h.
(The
original motion included Items No. 10f. and 10 g. Commissioner VanFossen amended his motion to
include also Item 10h. Commissioner
Atwell seconded the amended motion.)
Consent Agenda Items Removed: None.
Other Changes: None.
5.
Action: None.
6a.
Mr.
Hamry asked the Board to consider endorsing the
Action: The Board approved a motion to adopt Resolution 04-25
endorsing and supporting the memorial efforts of the
Motion By: Womble
Second By: VanFossen
Vote: Unanimous
A copy of Resolution 04-25 is incorporated into
these minutes as an addendum page.
6b.
Assets Build Character Grant – Applicant Ms. Doares
was not present, and the Board decided to table discussion until such time as
she is present.
Action: The Board approved a motion to defer action on
this item until
Motion By: Womble
Second By: VanFossen
Vote: Unanimous
7a.
Public Hearing: Zoning Petition 04-REZ-05 - Ms. Bailey
explained that the Town has received a petition for a zoning map change for
7.56 acres located at 4217 Optimist Farm Road from R:30: Residential district
to PUD: Sunset Oaks Planned United Development.
She said the proposed rezoning is surrounded on the north, south, and
west sides by land that is currently designated as a part of the Sunset Oaks
PUD, which makes the request compatible with the surrounding zoning.
She noted that the staff and planning board had reviewed the
application and recommend approval.
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 Board approved a motion to approve Zoning
Petition #04‑REZ‑05 to rezone 7.56 acres located at 4217 Optimist
Farm Road from R‑30: Residential to PUD: Sunset Oaks PUD as submitted by
Tony M. Tate, Landscape Architecture, PA.
Motion By: Atwell
Second By: Womble
Vote: Unanimous
7b.
Public Hearing: Annexation Petition A04-06 - Ms. Bailey
explained that the Town has received a petition from Lattie F. and Renee Floyd
for voluntary annexation of land containing 20.73 acres located along
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 Board approved a motion to adopt Annexation
Ordinance A04-06 to annex 20.73 acres
owned by Lattie F. and Renee Floyd located along
Motion By: Atwell
Second By: VanFossen
Vote: Unanimous
A copy of Ordinance A04-06 is incorporated into
these minutes as addendum pages.
8.
Consent Agenda: All items on the Consent Agenda were approved
following a motion by Commissioner Atwell, a second by Commissioner Womble and
a unanimous vote. The following actions
were affected:
8a. Ordinance 04-06 - Ordinance 04‑06, amending the Town's
Charter to adopt the town council membership structure style for the governing
body, was adopted. A copy of Ordinance 04-06 is incorporated into these minutes as
addendum pages.
8b. Budget Amendments,
$20,000 -
Amendments to the Wastewater Treatment Plant Project Fund in the amount of
$20,000 were adopted to cover legal fees associated with the Joel Williams
settlement. A copy of the budget amendments are incorporated into these minutes as
addendum pages.
8c. Budget Amendment, $40,000 - The Board adopted an amendment to the FY 2003-04 budget in the
amount of $40,000 to cover the Joel Williams settlement. A copy
of the budget amendment is incorporated into these minutes as an addendum page.
8d. Minutes - Minutes of the Board’s regular meetings held
on April 20 and
9. Sunset
Oaks PUD Amendment, 02-PUD-02-A02 - Ms. Bailey said the town has received a request to amend the
Sunset Oaks Planned Unit Development (PUD) to add approximately 7.5 acres of
land to the existing approved 328‑acre development. She said the maximum number of allowable
units is being modified from 1163 to 1194; however, the number of proposed units
would remain 850. The additional land has been designated as Phase 12 and is
proposed to be developed under the PUD's regulations, which include a minimum
lot size of 8,000 square feet, she said.
Ms. Bailey said that a joint public hearing with the Planning
Board was held on April 20, and the Planning Board reviewed the proposal at its
April 27 meeting. She said staff’s
recommendation is different from the Planning Board; however, both staff and
the planning board recommend approval with conditions.
She reported that the Planning Board recommended an additional
condition that landscape beds around ground signs shall be arranged so as not
to interfere with sign illumination.
At this time (
Action: The Board approved a motion to approve Planned Unit Development
Amendment 02-PUD-02-A02 for Sunset Oaks PUD as submitted by Bryan Properties,
Project Number olivesp, dated Revised
1. All conditions of
original Sunset Oaks PUD approval shall still apply to the amended plans.
2. A UDO Permit for Sign
Installation shall be obtained from the Department of Planning & Zoning
prior to the installation of any signage, temporary (including temporary signs
erected before and during the construction phase) or permanent.
3. Landscape beds around
ground signs shall be arranged so as not to interfere with sign illumination.
Motion By: Atwell
Second By: VanFossen
Vote: Unanimous
10a.
Sunset Oaks Phase 12, 04-MAS-05 - Ms. Bailey said the Town has received a preliminary plan for
Sunset Oaks Phase 12 that proposes to develop 18 lots on 7.56 acres. She said the plan indicates a minimum lot
size of 11,577 square feet and complies with the PUD regulations, which
stipulate a minimum lot size of 8,000 square feet.
Ms. Bailey said that the proposed density is 2.38 units per
acre. In addition, the PUD regulations
call for an opaque 25-foot undisturbed thoroughfare buffer provided along
From engineering notes, Ms. Bailey said a road widening fee‑in‑lieu
would be required for
From parks and recreation review notes, Ms. Bailey said the plan
is proposing a public greenway corridor located along Rocky Branch in previous
phases of the Sunset Oaks PUD.
Action: The Board approved a motion to approve
Preliminary Plan 04-MAS-05 for Sunset Oaks Phase 12 as submitted by Tony M.
Tate Landscape Architecture, dated revised
1. The following items are
to be included on 1st submittal of construction drawings (later in the approval
process):
* Documentation of ability to fill pond
* Flood study for stream crossing into phase 1.
Motion By: Atwell
Second By: Womble
Vote: Unanimous
10b.
Credit Card Payments Proposals - Mr. Boykin addressed the board, explaining that, at the request
of the Board, Town management, and the residents, staff has reviewed products
offered by various financial institutions which would provide the Town with the
ability to accept credit cards as a mode of payment.
He said there are two types of prevailing products available: 1) electronic payment providers and 2)
merchant accounts.
Mr. Boykin said the electronic payment providers are full
electronic payment collection services such as Official Payment
Corporation. He said these entities
establish websites where consumers can pay bills by credit card over the phone
or via a website for a fee that would be directly charged to the customer’s
credit card bill. He noted that the Town
would not process any credit card payments but would only confirm payment received,
usually with 48 hours. For a $60
transaction, a resident would be charged about $5.
Most banking institutions provide merchant accounts, where their
clients are provided with the necessary hardware to process transactions on
site and via telephone, Mr. Boykin said.
The merchant account also would allow customers to pay the Town via the
internet.
The banking institution charges the client (i.e. Town) for each
credit card transaction processed. He
said the bank fees charged are used to pay the credit card company (Mastercard,
Visa, etc.) and cover the bank's charges and profit.
Mr. Boykin reported that Suntrust and CCB offered identical rates,
which also were the lowest. Based on
interviews, he added, staff felt CCB offered the best opportunities, having
waived all set up and monthly statement fees. The only fees the Town would
incur would be the purchase of the credit card processing equipment and the
transaction fees.
Mr. Boykin pointed out there would be a cost to the Town for
accepting credit cards. Neighboring
towns report paying credit card fees of $800 to $1,200 monthly. The fees, Mr. Boykin said, would be impacted
by (1) how many residents pay by credit card, (2) credit card rate increases,
and (3) fees/bills which the Town permits customers to pay by credit card.
He said that the town initially plans to accept credit card
payments on site and via the telephone and eventually to accept credit card
payments via the internet. He said the
benefits for accepting credit cards would include the town’s receiving fewer
delinquent water bill payments, and also the risk of nonpayment would shift
from the Town to the credit card company, and staff expects the dollar volume
of bad checks to decrease as well.
He said that this service would improve cash collections and
interest income, and residents will be pleased that the Town will have a credit
card payment option available for certain types of payments.
Mr. Boykin said he recommends the town provide a credit card
payment option as a means of payment for its high-volume low-dollar fees and
charges, contracting with CCB.
Commissioners suggested that the town offer customers the
opportunity to offer blanket authorizations for regular monthly payments.
Action: The Board approved a motion to authorize the
Town Manager and finance department staff to proceed with an agreement with CCB
for credit card payment services.
Motion By: Atwell
Second By: Dickson
Vote: Unanimous
A copy of the proposal tabulation sheet is
incorporated into these minutes as an addendum page.
10c.
Parks and Recreation Policy, Procedures, and Fees Manual Amendment - Bass Lake Park Manager Mr. Barnard addressed
the Board, recommending revisions of the
The consensus of the Board was that the Town should not institute
a town fishing license program and that this reference should be removed from
the manual. Commissioners felt it was
not right to charge residents for fishing in the town park.
Commissioner
Atwell suggested an ordinance change to allow alcohol on park property,
particularly for wedding receptions, etc. If this ordinance change is made, then fees
and rules would be added to the policy manual to address alcohol use.
Action: The Board approved a motion to approve
amendments to the
Motion By: Atwell
Second By: Dickson
Vote: Unanimous
A copy of the Parks and Recreation Policy,
Procedures, and Fees Manual amendments are incorporated into these minutes as
addendum pages.
10d.
Joint Planning Board Meeting - Ms. Bobber said the planning board has requested the Town Board
set a time and date for a special meeting in joint session with the planning
board. She said the purpose of the
meeting would be to discuss planning goals, objectives and preferences from the
perspective of the Town Board. We are not sure what will be accomplished but we
just like to meet. Proposed date
10e. 2004
Sidewalk Capital Improvement Plan - Ms. Stephenson said that, following the winter Town Board
retreat, staff compiled a 2004 Sidewalk Capital Improvement Plan which includes
a map of the project limits, a brief description of each segment, and a
preliminary cost estimate for construction. She said staff recommends the Town
Board discuss the different projects and come up with a prioritization of the
list.
There was discussion about the ranking of the projects.
Action: By consensus and compromise, board members
agreed on the following 1-13 ranking of the proposed sidewalk projects for the
2004 Sidewalk Capital Improvement Plan, with 1 as the highest priority: See following page of minutes for table.
|
Rank |
Project Name |
Map
Ref. |
Improvements |
Project
Length |
Estimated Cost* |
Description of Work |
|
1 |
|
6 |
|
600’ |
$240,000 |
Construct
sidewalk, road widening and curb and gutter on one side. ROW acquisition will be necessary. Project will complete the link of existing
sidewalk. |
|
2 |
|
3 |
|
800’ |
$336,000 |
Construct
sidewalk, road widening and curb and gutter.
ROW acquisition necessary.
Project will complete the link of existing sidewalk |
|
3 |
|
1 |
Ballentine
to Town Hall |
200’ |
$52,000 |
Street
widening, sidewalk and on-street angled parking. ROW in place. |
|
4 |
|
2 |
|
7,200’ |
$900,000 |
Secure
sidewalk easement to place alternate material sidewalk or greenway behind
ditch along roadway |
|
5 |
Town
Hall/Womble Park |
10 |
|
1,700’ |
$178,500 |
Construct
sidewalk along non-curb and guttered roadway and acquisition of sidewalk
easement |
|
6 |
|
11 |
Bottle
Neck Trail to Bypass |
1,700’ |
$85,000 |
Construct
sidewalk along existing shoulder.
Sidewalk easement is not required. |
|
7 |
|
7 |
Wendy’s
to Oak Hall |
1,000’ |
$420,000 |
Construct
sidewalk, road widening and curb and gutter on one side. ROW acquisition will be necessary. |
|
8 |
|
8 |
Ballentine
to Maple |
2,300’ |
$575,000 |
Construct
sidewalk, road widening and curb and gutter on one side. ROW acquisition will be necessary. |
|
9 |
|
9 |
Noonday
Court to |
640’ |
$57,000 |
Construct
sidewalk and acquisition of sidewalk easement. This project will complete the link of
existing sidewalk. |
|
10 |
|
4 |
|
4,700’ |
$752,000 |
Construct
sidewalk or greenway along this non-curb and guttered roadway. Since this section of road will have to be
significantly realigned, the best option for pedestrian access at this time
is a greenway constructed off the existing ROW on a sidewalk easement. |
|
11 |
|
5 |
|
3,800’ |
$608,000 |
Construct
sidewalk or greenway along this non-curb and guttered roadway. The most cost-effective option for this
section is a greenway of alternate materials behind existing ditch in a
sidewalk easement. Considerable
clearing and grading may be necessary. |
|
12 |
Cayman
Ave. |
13 |
Guadalupe
to Sonic |
470’ |
$119,350 |
Construct
sidewalk and pedestrian bridge crossing a very large culvert. Acquisition of sidewalk easement necessary. |
|
13 |
|
12 |
|
12,500’ |
$2,000,000 |
Construct
sidewalk or greenway along this non-curb and guttered roadway. The most cost-effective option for this
section is a greenway of alternate materials behind existing ditch in a
sidewalk easement. Considerable
clearing and grading may be necessary. |
* = Cost
estimates do not include utility relocations
10f.
Tetra Tech contract
-- Mr. Dean explained that staff has been exploring wastewater treatment
options. As part of the option to seek
State approval for additional flow into Utley Creek, modeling of the creek
needs to be done. Analysis might prove
that Utley Creek can easily handle more flow, which might result in the town’s getting
permission for plant expansion. The need
is critical, Mr. Dean said, adding that the regional option is becoming more
and more expensive.
Action: The Board approved a motion to enter into a
contract with Tetra Tech Inc. at a cost not to exceed $25,000 for a water
quality modeling analysis of Utley Creek.
Motion By: Atwell
Second By: Womble
Vote: Unanimous
A copy of the Tetra Tech contract is
incorporated into these minutes as addendum pages.
10g.
Resolution 04-26 –
Mr. Schifano explained that the Town is attempting to obtain access road right
of way from property owners Franklin D. and Eleanor B. Hart in connection with
the
Action: The Board approved a motion adopting Resolution
04-26, a condemnation resolution authorizing the condemnation of certain
property owned by Franklin D. and Eleanor B. Hart in connection with the
Motion By: Atwell
Second By: Dickson
Vote: Unanimous
A copy of Resolution 04-26 is incorporated into
these minutes as addendum pages.
10h.
Resolution 04-27 –
Mr. Schifano explained that the Town is attempting to obtain road right of way
from property owner Tri-South Development Inc. in connection with the
Action: The Board approved a motion adopting Resolution
04-27, a condemnation resolution authorizing the condemnation of certain
property owned by Tri-South Development Inc.
in connection with the
Motion By: Atwell
Second By: Dickson
Vote: Unanimous
A copy of Resolution 04-27 is incorporated into
these minutes as addendum pages.
11.
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.
12. Other
Business:
Commissioner Womble noted that lawn maintenance and property upkeep is not
adequate at the town cemetery. Mr. Dean
said he would address this with staff as well as having a fence erected at the
private gravesite in
Commissioner Womble asked about the schedule for the paving of
Commissioner Womble asked about the paving of streets in the Fair
Share area. Ms. Thompson explained the
process for the Town’s assumption of private streets.
13.
Manager’s Report –
Mr. Dean reminded the Board of Town Hall Day at the North Carolina General
Assembly; he also noted that co-workers of a
14.
Closed Session:
The Board approved a motion to enter into Closed Session, pursuant to
143-318.11(a)(6), to discuss with
the Town Manager a personnel matter.
Motion By: Atwell
Second By: Womble
Vote: Unanimous
General Account of Closed Session – May 18, 2004
In Closed Session Mr. Dean explained that the Town’s management
team is interviewing each member of the Department of Public Safety to gather
information and suggestions about how to improve those operations.
-- End General Account
The Board returned to Open Session following a motion by
Commissioner Dickson, a second by Commissioner Atwell and a unanimous vote.
15.
Adjournment: There being no further business for the evening,
the
Respectfully
Submitted on
_________________________________
Joni
Powell, CMC
Town
Clerk
Addendum
pages as referenced in these minutes follow and are a part of the official
record.