Town of
Board of Commissioners Regular
Meeting
MINUTES
The Holly Springs
Town Board of Commissioners met in regular session on
Board Members Present: Commissioners Mike Taylor, Parrish Womble, Chet VanFossen, Peter Atwell and Hank Dickson and
Mayor Sears.
Board Members Absent: None.
Staff Members Present:
Carl Dean, town manager; Charles Simmons, assistant town manager; John
Schifano, town attorney; Joni Powell, town clerk (recording the minutes); Drew
Holland, finance director; Tamara Ward, public information officer; Len
Bradley, parks and recreation director; Luncie McNeil, director of public
works; Gina Bobber, director of planning and zoning; Alysia Bailey, senior
planner; Chuck Queen, code enforcement officer and safety officer for the town;
Kendra Stephenson, town engineer; Stephanie Sudano, director of engineering;
and staff of the parks and recreation department.
2 and 3. The pledge of allegiance was recited, and the
meeting opened with an invocation by Rev. Hal Adkins, pastor of the Moravian Chuch of Holly Springs.
4. Agenda Adjustment: The
Motion
By: Dickson
Second
By: Atwell
Vote:
Unanimous
Items
Added to the Agenda: Resolution 04-30 directing the Town Clerk to
investigate the sufficiency of Annexation Petition 04-04 filed by Holly Homes
Inc. for 6.08 acres and setting the public hearing on the question of
annexation for June 15, 2004 was added to the Consent Agenda as Item No. 7k.
Consent
Agenda Items Removed: None.
Other
Changes: Item 6b., consideration of a grant
application filed by Assets Build Character; Item 6c., a presentation of a
virtual tour of the Town to be used as a marketing tool; and Item 7h., a
resolution recertifying the Town of Holly Springs zoning map, were all
postponed until the June 15 meeting.
5a. Public Hearing:
FY 2003 Scattered Site CDBG Program - Mr.
Dean explained that the Town desires to amend the FY 2003 Scattered Sites CDBG
housing project to add relocation and clearance as approved activities. Upon further investigation into homes under
consideration for rehab (and their subsequent ineligibility), combined with an
urgent housing need identified in downtown
An amendment to the project would be
needed to accomplish this objective.
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 authorize staff to submit an amendment to the FY
2003 Community Development Block Grant (CDBG) Scattered Sites project.
Motion
By: VanFossen
Second
By: Atwell
Vote:
Unanimous
5b.
Public Hearing:
FY 2004-05 Budget - Mr. Dean
reviewed with Board members the summary of highlights from the proposed FY
2004-05 operating budget. He noted that
there have been few changes to the proposed spending plan in the days following
the budget workshop: $10,000 was added
to special contributions and $2,600 was added to dues and subscriptions for the
Town’s participation in the Capital Area Metropolitan Planning Organization in
this fiscal year. Otherwise, he said,
the budget is as recommended by the Town Manager.
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 Ordinance 04-07, the FY 2004-05 budget
ordinance, and Ordinance 04-08, an ordinance setting the water and sewer rates
for the fiscal year beginning July 1, 2004.
Motion
By: Atwell
Second
By: VanFossen
Vote:
Unanimous
Copies of Ordinances 04-07 and 04-08 are incorporated into these
minutes as addendum pages.
6a.
Gable Ridge Drainage Basin Study - Ms. Sudano said Sungate Design
Group (SDG) has completed upgrading a drainage study of a portion of the Sunset
Ridge Subdivision area. She said the
tributary area included in this model originates at the Holly Ridge Elementary
and Middle Schools and the Crescent State Bank (all located on
Ms. Sudano noted for the Board that
this report - at this time - is for information only. She said a resident information meeting will
be held in the new few weeks to go over the results of the study with property
owners in the study area. The plan, she
said, is to bring back to the Board comments received from property owners and
to get the Board’s directions, if any, on any further activities.
Mr. Charlie Musser of Sungate Design Group briefly discussed the study, noting
that the purpose of the project was to create a model of the basin to determine
the potential extent of flooding following a 100-year storm event in the Sunset
Ridge areas and to analyze the solutions to alleviate or mitigate the drainage
issues.
Mr. Musser reviewed the results of
the report and concluded that the potential for yard and road flooding in the
areas of Sunset Ridge following a 100-year storm event appears to be fairly
severe. He said the most significant
flooding would occur in the vicinity of Gable Ridge Lane, as the road is
overtopped after the 5-year or greater storm event and could cause dangerous
conditions for drivers and shorten the life span of the road. Although this flooding should not pose a
threat of damage to existing homes, Mr. Musser said, this area will be subject
to varying levels of periodic inundation and should be treated accordingly.
Mr. Musser’s report also concludes
that
The finished floor elevations of all
houses in the study area were found to be above the 100-year flood elevations
resulting from the study analysis, the report states; however, the finished
floor elevation of the house on Lot No. 515 is close enough to the 100-year
flood elevation to raise serious concerns.
Flooding of some foundations, crawl spaces, air conditioner units and
lower lying yard areas on certain identified lots in the study area is
indicated by the study results for the 100-year storm, Mr. Musser noted.
At this time, no options or
alternatives have been studied, Mr. Musser said. He added that he feels that the study results
should be beneficial to the Town in identifying potential problems, if any,
that are worthy of being addressed and what action would be appropriate and
feasible.
Action:
None.
6b. Assets Build
Character Grant – This agenda
item was deferred until June 15 during Agenda Adjustment.
6c.
6d. Parks &
Recreation Short-term and Long-term Goals -
Mr. Bradley reviewed with the Board his written report provided in the May 18
agenda packets on the long-range and short-term goals of the Parks and
Recreation Department. His presentation
covered the history of the parks department and property acquisitions; a time
line of park facility development; existing recreational facilities; the
short-term goals of the department, including development of facilities
according to the Town’s 5-year Capital Improvement Plan; information about
developing the department’s athletic and leisure programs and a history of
enrollment figures; and the vision for the future.
Action: None.
7. Consent Agenda: All remaining 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:
7a. Budget Amendment, $1,500 - The
Board adopted an amendment to the FY 2003-04 budget to accept $1,500 from the
sale of a 1991 ambulance. A copy of the budget amendment is
incorporated into these minutes as an addendum page.
7b. Budget Amendment, $425 – The Board
adopted an amendment to the FY 2003-04 budget in the amount of $425 to accept
insurance proceeds from a damaged wastewater collections vehicle. A copy
of the budget amendment is incorporated into these minutes as an addendum page.
7c. Budget Amendments, $11,345
- The Board adopted amendments to the
7d. Budget Amendments, $56,255 – The Board adopted amendments to
the SCADA project fund in the amount of $56,255 to finalize and close the
project. Copies of the budget amendments are
incorporated into these minutes as addendum pages.
7e. Budget Amendments, $111,890 – The
Board adopted amendments to the Bass Lake Road/Holly Springs Road intersection
project fund in the amount of $111,980 to cover the costs for completion of the
project. Copies of the budget amendments are incorporated
into these minutes as addendum pages.
7f.
7g. Resolution 04-28 – The Board
adopted Resolution 04-28 amending and consolidating the Town of
7h. Resolution 04-29 – This item was
deferred for action until June 15 during Agenda Adjustment.
7i. Twelve Oaks Developer Agreement -
The Board approved an amendment to a developer agreement with the developer of
Twelve Oaks for the extension of
7j. Minutes - Minutes of the Board’s
regular meeting held on May 18, and a special meeting budget workshop held
7k. Resolution 04-30 -- Resolution
04-30 directing the Town Clerk to investigate the sufficiency of Annexation
Petition 04-04 filed by Holly Homes Inc. for 6.08 acres and setting the public
hearing on the question of annexation for
8a.
Mr.
Todd noted that since early 2004, staff has sought input from the Town Board
and the community to focus on the programming needs for the cultural
center. Regardless of specific
activities requested, the common theme arose that the space needs to be as
flexible as possible for multiple uses. Due to size limitations of the building
and the site, it is recommended that no space be dedicated for single purposes,
such as ceramics. Staff recommends that at the Board’s direction with funding
identified, space at the
Mr. Todd discussed Schemes A, B and
C with the Board. Staff, he said,
recommends Scheme B:
*
Scheme A: while adhering to the original
estimate of 5,000 square feet of space, probably does not allow for sufficient
space to meet the minimal needs of the community.
*
Scheme B: addresses the needs for a
large meeting room of 1,200 square feet to accommodate 100 people with various
uses as shown in the last slide of the PowerPoint presentation. In Scheme B, the lobby is shown with 1,400
square feet, which, when combined with the library’s lobby programming of 600
square feet, would offer a lobby large enough to hold receptions.
*
Scheme C: is larger and includes
dedicated space for ceramics and office space; however, the total square
footage of 11,200 would be much larger than the library and may not fit
functionally or aesthetically on this site.
Commissioners
discussed whether or not the space described in Scheme B would be
large enough and if the concept featured enough classroom space.
Design
elements would need to accommodate flexibility and multiple uses for the
building, commissioners agreed.
Commissioners also agreed that during the design phase of the project,
square footage and the theater seating area should be maximized.
Commissioner Atwell stressed that he
felt classroom space should be added to the schematic.
Commissioner Taylor noted that an
art museum he visited in
Commissioner VanFossen suggested
that movable partition walls could be used not only in the lobby area but also
in the 600-square-foot stage area, providing classroom space when the stage is
not in use. The partitions in these
areas would provide the added classroom space without having to necessarily add
square footage to the building, he said.
Mayor Sears asked if Scheme B could
be augmented with classroom space and brought back to the Board for
consideration.
Action: The Board approved a motion to approve the cultural arts center programming analysis Scheme B,
directing Little Diversified Architectural Consultants to provide a design that
would maximize space to accommodate the addition of classroom and extra theater
seating as much as possible and feasible.
Motion By: Womble
Second
By: Atwell
Vote:
Unanimous
8b.
Holly Springs Economic Development Website Report -
Mr. Schifano explained to the Board that in May 2001, the town entered into an
agreement with Allied Computer Corporation for website design and development,
maintenance and hosting of the Town’s economic development department’s
website. This website is separate and
apart from the official town website.
Mr.
Schifano explained that the consultant was supplied with all data and images
for the site, and, periodically, staff sent updated information to be loaded onto
the website.
He reported that in the summer of
2003, updates were requested, but were never installed. Upon the hiring of Public Information Officer
Tamara Ward, he said, Economic Development Director Jennifer Mizelle explained to
the company that the Town of Holly Springs was now staffed to maintain the site
and requested transfer of the domain.
Mr.
Schifano said that Mr. Ahmed had been contacted by the town staff on several
occasions by phone and email. Mr. Ahmed
has refused to cooperate by transferring the domain to the Town of Holly
Springs, although explicit instructions have been provided to Mr. Ahmed. Ms. Mizelle has reported that the site is out
of date and is in critical need of updating.
Action:
The Board approved a motion directing the Town Attorney to pursue legal action
against Allied Computer Corporation as necessary.
Motion By: Atwell
Second
By: VanFossen
Vote:
Unanimous
8c.
He said he recommends approval of
the draft agreement, in concept, at this time and that the final draft be
brought back to the Board for final approval when it is completed.
Commissioner Atwell asked that public use of the paved track surrounding the football field be addressed in the joint use agreement; however, the joint use agreement is between the Town of Holly Springs as an organization and the Wake County Public School System and addresses only Town of Holly Springs recreation program use of the facilities.
[Note:
Public use of the track, beyond sanction of Town of
Action: The Board approved a motion to approve in concept a
proposed draft joint use agreement between Wake County Public School System and
the Town of Holly Springs for shared use of the athletic facilities at the
Motion
By: Womble
Second
By: VanFossen
Vote:
Unanimous
8d.
Jones Park Ball Field Lighting Contract - Mr. Bradley said the Town received four bids for the
lighting of a ball field at
Mr. Bradley said that staff
recommends awarding the contract to Musco Sports
Lighting, LLC., with the inclusion of both bid alternates: 1) 10‑Club Warranty for service,
lamp replacement, preventative and spot maintenance and insured warranty
fulfillment at $3,640; and 2) remote lighting control system suitable for
controlling, monitoring and managing of remote equipment using a nationwide
communication network at $5,000.
Action:
The Board approved a motion to approve a contract with Musco
Sports Lighting, LLC, for lighting of a ball field at Jones Park in the base
amount of $39,200 plus both bid alternates: 1) 10‑Club Warranty for
service, lamp replacement, preventative and spot maintenance and insured
warranty fulfillment at $3,640; and 2) remote lighting control system suitable
for controlling, monitoring and managing of remote equipment using a nationwide
communication network at $5,000.
Motion
By: Womble
Second
By: VanFossen
Vote:
Unanimous
A
copy of the Musco Sports Lighting, LLC, contract is incorporated into these minutes as addendum
pages.
8e.
Vehicle Accident Review Committee Policy - Mr. Queen explained that he seeks endorsement of a
proposed new employee Vehicle Accident Review Committee policy. He said the purpose of this policy would be
to review all accidents involving the Town’s motor vehicles using uniform
guidelines in order to determine causes, make recommendations to prevent future
accidents, and assure fair and uniform treatment of each Town employee.
He
said the committee would review all accidents, no matter how much damage is
caused, involving any self‑propelled vehicle or equipment owned or leased
by the Town of Holly Springs. He said
the policy is set up to use a point system based on the actions of other people
involved in the incident and departmental policies, practices, and
procedures. He said that the Committee
then would make recommendations to the Town Manager concerning its findings and
gather and analyze the factors contributing to the accident in order to
determine the degree of fault attributable to the driver.
Each
accident would be given one of four designations, and the employee involved
would be assigned points accordingly.
Each degree of points carries a corresponding discipline, ranging from
an oral warning to being required to pay a portion or all of the insurance
deductible. In extreme cases, an
employee could be terminated. The policy
provides for an appeal process.
Action: The Board approved a motion to endorse Administrative Rule
Number FC-04, Vehicle Accident Review Committee policy.
Motion
By: Womble
Second
By: Dickson
Vote:
Unanimous
A
copy of the Administrative Rule Number FC-04, Vehicle Accident Review
Committee, is incorporated into these minutes as addendum pages.
8f. Sunset Bluffs, 04-MAS-02 - Ms. Bailey said 04-MAS-02 proposes 65 single‑family
lots, formerly known as Spencer’s Trace.
The property now is being developed as Sunset Bluffs.
Ms.
Bailey said the property consists of approximately 24 acres located east of
Ms. Bailey said that a 20-foot
landscape area would be provided along the perimeter of the property to meet
the landscaping requirements.
Parks
and Recreation notes on the project state that a 20-foot wide greenway easement
and an 8-foot asphalt trail would be provided along the northern portion of
this development to connect to the adjacent Brackenridge subdivision, as
specified in the town’s Ten Year Comprehensive Growth Plan. Credit for the trail construction would be
based on three bids received from the contractor, and a fee‑in‑lieu
of open space would be assessed for the portion of the development that is not
covered by the dedication of the greenway trail.
Engineering
notes on the project state that sewer exists on the site, and the developer
would be required to pay a fee‑in‑lieu of upgrade for
the existing pump station. The developer
would be required to provide access and utility easements for existing
infrastructure as necessary to serve the project, and to maintain access to the
station and its appurtenances at all times.
The developer also would be required
to widen
Also, the developers would be
required to protect the
Ms. Bailey reported that the
planning board had reviewed the preliminary plan and recommended approval with
conditions.
Commissioner VanFossen questioned
whether or not the Town should require an opaque buffer on both sides of the
access road leading to the pump station.
He said he understood requiring an opaque buffer around the pump station
itself, but he feels requiring the same buffer of 25 feet on each side of the
access road was excessive.
Commissioner VanFossen recommended
that notice of the pump station’s upgrade and enlargement in the future should
be recorded in the homeowner covenants of the subdivision so that all property
buyers now and in the future would be fully advised that the facility may be
increased significantly in size sometime in the future.
Action: The Board approved a motion to approve
Preliminary Plan #04‑MAS‑02, Sunset Bluffs, as submitted by
Thompson & Associates, P.A., Project Number MH‑SBLUFFS, dated Revised
1. The following information must be submitted
within fifteen (15) days of the Town Board decision, or the approval will
become null and void:
a.
Provide a quit claim deed signed by the owners and any mortgagees
to the existing pump station site, and any and all other easements, to the
Town.
b.
Submit revised utility plan page with the following corrections:
·
Change the
label of “sewer plant easement” on the plan sheet to “Town of Holly Springs
pump station site.”
·
Note on the
plan that the developer will be fully responsible for the re‑locations of
sewer lines as shown on the plan.
2. The following additional criteria of the
currently‑proposed update of the Engineering and Design Standards shall
be met with respect to the pump station site:
a.
Landscape buffer around the pump station be maintained by the
developer for two years.
b.
10-foot-wide open landscape buffer will be provided along each
side of the pump station access road.
c.
Landscape buffers are to be provided via plantings around the
pump station.
3. 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.
4. A fee‑in‑lieu of open space shall
be assessed at a rate of $846 per lot with credits for asphalt greenway trail.
5. Fee‑in‑lieu of pump station
upgrade based upon actual station costs ($1087.00 per unit) and number of units tributary to it will be due for the project.
6. Dedication of easements and/or real property
as necessary to provide the access and utility easements required by the Town
on existing and proposed infrastructure will be required with no compensation
from the Town for such dedications.
7. The following items are to be submitted with
construction drawings (later in the approval process), and finalized via
recording prior to approval of construction drawings:
a.
Plat for dedication of any necessary easements and/or real
property
8. Prior to final plat approval, add language to
recorded covenants indicating that there is an existing pump station on the
site that shall be upgraded in the future.
Motion
By: Womble
Second
By: Dickson
Vote:
Unanimous
8g.
Sunset Ridge
Ms. Bailey said the lots in Phase 7
have a minimum lot size of 12,237 square feet, which exceeds the minimum Sunset
Ridge North II PUD regulations. The PUD
designates this phase as a “Cottage District” with a minimum lot size of 7,800
square feet.
She explained that a 25‑foot
undisturbed buffer is provided along the perimeter of the property; any
alteration or deficiency of this buffer requires installment of materials to
meet Type‑B semi‑opaque buffer requirements, she added.
Engineering notes on the project
state that this will be the final section of Sunset North, which will connect
to Windcrest via a street stub. They also state that this site is adjacent to
Middle Creek and requires protection of the
Action:
The Board approved a motion to approve 04-MAS-06 for Sunset Ridge North II PUD
Phase 7 as submitted by Tony M. Tate Landscape Architecture, P.A., dated
Revised
1. Prior to Final Plat Approval, the property
must be annexed into the Town’s Corporate Limits.
2. The following items are to be included on
construction drawings (later in the approval process):
a.
Show flood zone around lot 7101 and 7100.
b. Provide
FFE’s adjacent to flood areas.
c. Phasing
may be dependent on adjacent development and design of water and sewer. This will be addressed during construction
drawing review.
Motion
By: VanFossen
Second
By: Womble
Vote:
Unanimous
9. 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.
10. Other Business: Commissioner VanFossen asked planning board member Joe
Fanjoy to report on the afternoon’s Technical Review Committee meeting. Mr. Fanjoy reported that the committee heard
a presentation from Cynthia Madsen regarding her idea to establish an outdoor
business use on property she hopes to buy; Mr. Fanjoy also reported that the
TRC began working on some technical amendments to the UDO.
11. Manager’s Report: Mr. Dean reminded members of the Board about Town Hall Day
at the Legislature on June 9.
At
this time, Commissioner Womble addressed the Board on
the issue of a previous offer by Holly Springs Disposal (BFI) to provide its
closed landfill property to the Town upon closure of the facility this
winter. He said he understands some of
the board members still are not interested in having the property, but he
pointed out that the Town could accept the property and then sell it if it does
not, in the end, want it.
Mayor
Sears said he would look into the matter further and bring it up later for
discussion.
12. Closed Session: The Board approved a motion to enter into Closed Session,
pursuant to 143-318.11(a)(3), to discuss with the Town Attorney a matter of acquiring road
right of way for the
Motion
By: Atwell
Second
By: Womble
Vote:
Unanimous
General Account of Closed Session –
In Closed Session Mr. Schifano
explained that Tri-South Development has offered to barter with the Town in a
proposal that the Town would pave and provide curb and gutter along the
company’s road frontage on
-- End General Account
The Board returned to Open Session
following a motion by Commissioner Atwell, a second by Commissioner Womble and a unanimous vote.
13. 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.