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Regular Meeting
Regular Meeting
MINUTES
The Holly Springs
Town Council met in regular session on
Council Members Present: Councilmen Parrish Womble,
Council Members Absent: Councilmen
Staff Members Present:
Carl G. Dean, town manager;
2 and 3. The pledge of allegiance was recited, and the
meeting opened with an invocation by Rev. Lewis Gentry.
4. Agenda Adjustment: The
Motion
By: Womble
Second
By: Dickson
Vote:
Unanimous
Items
Added to the Agenda: None.
Consent
Agenda Items Removed: None.
Other
Changes: Item 7b., consideration of an alternate
site plan for the Flint Point Fire Station and an amendment to 04-SEU-02, was
postponed until the
5a. Public
Hearing: 04-REZ-08, Omni Industrial Park
- Ms. Bailey explained that the
town has received a rezoning petition requesting that 4.20 acres located in the
Omni Industrial Park be rezoned from Warehouse Distribution (WD) to Light
Industrial (LI.) Ms.
Bailey said the permitted uses in the Light Industrial district allow general
industrial uses, assembly/repair of manufactured parts, and manufacturing of
appliances and light component parts.
The district also allows for 30% of the site to have outdoor storage.
Ms.
Bailey said the proposed rezoning is located within an area that is designated
as
business/industrial on the Town’s newly-adopted Land Use Map in the 10-Year
Comprehensive Growth Plan.
She
reported that the
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 approve Zoning Petition
#04-REZ-08 changing the zoning designation for 4.20 acres (Wake County PIN #
0649.16-84-4552; 0649.16-84-3417; 0649.16-84-2305; 0649.16-84-3297;
0649.16-84-5491; and 0649.16-84-7369,) located in the Omni Industrial Park from
WD: Warehouse Distribution to LI: Light Industrial as submitted by David
Sharpe.
Motion
By: Atwell
Second
By: Womble
Vote:
Unanimous
5b. Public
Hearing: 04-REZ-09, 132 Raleigh Street - Ms. Bailey explained that the town has received a rezoning
petition requesting that .67 acres located at 132 Raleigh Street be rezoned
from Residential-10 (R-10) to Neighborhood Village district (NV.) The
Ms.
Bailey said the proposed rezoning is located within an area that is designated
as a Village Activity Center (VAC) in the Town’s 10-Year Comprehensive Growth
Plan.
She
reported that the
Councilman
VanFossen, who is the petitioner in this case, asked to be recused
from discussion and action on this agenda item.
Action
#1: The Council approved a motion to
recuse Councilman VanFossen from discussion and
action on this agenda item since he is the petitioner.
Motion
By: Atwell
Second
By: Womble
Vote: Unanimous
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 #2: The Council approved a motion to approve Zoning Petition
#04-REZ-09 to change the zoning designation of .67 acres (Wake County PIN #
0649.16-92-7894) located at 132 Raleigh Street from R-10: Residential to NV:
Neighborhood Village District as submitted by
Motion
By: Womble
Second
By: Atwell
Vote:
Unanimous
Action: The
Council approved a motion to readmit Councilman VanFossen into the meeting.
Motion By: Atwell
Second By: Dickson
Vote:
Unanimous.
6. Consent Agenda: All items on the Consent Agenda were approved following a
motion by Councilman Womble, a second by Councilman
VanFossen and a unanimous vote. The
following actions were affected:
6a.
6b.
Copies of the
are incorporated into these minutes as addendum pages.
6c. Janitorial Services and HVAC Systems
Maintenance Contracts – The Council
awarded the annual janitorial services contract to Dunlap Services in the low
bid amount of $37,500 and the annual HVAC systems maintenance contract to HVAC
Specialists in the low bid amount of $2,000.
One
other bid was received for HVAC maintenance:
Brady Services quoted $11,111, not including parts and repairs, or
$21,772 to include servicing, repairs and parts.
Bids
received for cleaning services were as follows: Little Lady Cleaning Service,
$60,000; Watts Cleaning Service (current cleaning service), $50,400; Jan-ni King Cleaning Service, $46,800; Pro-Force Cleaning
Service, $45,360; Ever-Ready Maintenance, $44,706; Jan Pro Cleaning Service,
$43,500; and Fike & Associates, $42,000.
Copies of the Dunlap Services contract and HVAC Specialist
contract are filed in the Town Clerks’ Office.
6d. Financial Audit
Contract – The Council award
the annual financial audit contract to Duke & Abbott, CPAs.
A copy of the Duke & Abbott,
CPAs contract is incorporated into these minutes as addendum pages.
6e. Minutes - Minutes of the Council’s regular meeting held on
8e. (now
7a. following agenda adjustment) Library Site, Ballentine
Street Realignment – Ms.
Stephenson explained to the Council members that the
Town has been meeting with Wake County, the Wake County Library System, and
consultant CLH, over the past few months to create a site plan that would
accommodate both the future library and the Town’s cultural arts center. Ms. Stephenson said that CLH has provided a
conceptual site plan that is designed to serve as a transition from the
residential neighborhood to the west and the downtown area to the east.
She
said
Comments
had been provided to members of the Council in meeting agenda materials.
Ms.
Stephenson introduced a representative of CLH to give the Council background on
how the firm came up with the proposed design that runs in a northern arc
around the library property.
Ms.
Stephenson then reviewed with the Council some of the information impacting the
portion of
Mr.
Kevin Heyel was permitted to address the
Council. He said residents would like to
see the Town install three traffic calming devices, including a raised crosswalk
at the swimming pool. He said everyone
is excited about the library project, but are concerned about the traffic.
Mayor
Sears received a consensus from the Council that the conceptual plan proposed
for
He
then asked the Council to take under advisement the residents’ request for
speed humps along
Council
directed that a raised crosswalk at the swimming pool be installed.
The
current traffic-calming policy may not apply to this situation because it would
not take into account the traffic that would be generated in the future by the
library and cultural arts center, Councilman Atwell said. He suggested that a raised crosswalk be
installed along with one other speed hump somewhere along
Councilman
VanFossen pointed out that would not be fair if the Town does not follow its
policy for every resident who requests traffic-calming devices. He said the Town should follow its set
policy.
Councilman
Atwell maintained that he felt development of the library/cultural arts center
and the potential for added traffic posed a special and understandable
circumstance.
Action #1: The
Council approved a motion to direct the installation of a raised crosswalk at
the swimming pool of Avent Acres as well as one other
speed hump at a location on
Motion By: Atwell
Second By: Dickson
Vote: The
motion carried following a 3-1 vote.
Councilmen Atwell, Dickson and Womble voted
for the motion. Councilman VanFossen
voted against.
Action #2: The Council approved a motion to endorse the conceptual plan of
the alignment of
Motion By: VanFossen
Second By: Dickson
Vote: Unanimous
7a.
Mr. Bradley said that the new
cultural arts center would promote the continued interest in the visual,
performing and literary arts programs with efforts made to include activities
for senior citizens. The facility may
also be used for general meetings in the community and would include a catering
kitchen to support other various needs.
Mr. Bradley advised the Council that
the revised schematics were being presented and that a final decision must be
made to determine the square footage requirements for the large multi-purpose
room and any classroom space that is desired.
He also reported that it is desired that a facility control area be made
possible in the lobby area.
Mr. Charles Todd of Little
Diversified Architectural Consultants said the seating capacity of the theater
area had been increased and classrooms had been added. He said the most recent schematic features a
total gross square footage of 11,408 square feet. He said the budget for the cultural arts
center building is estimated at $1,996,400 with a 10% contingency of $199,640
and a grand total building cost of $2,196,040.
He stressed that those figures are not actual construction estimates.
Action:
The Council approved a motion to approve the schematics for the
library/cultural arts center as presented.
Motion
By: Womble
Second
By: Atwell
Vote:
Unanimous
7b.
8a.
Ms.
Stephenson said that, originally, the plans for this project were for the road
section to be constructed this summer; however, after further review of the
design, staff realized that there would be some environmental issues. The Town
has met several times with the US Army Corps of Engineers (USACE) and
Department of Water Quality (DWQ) regarding those environmental matters, which
will pose a lengthy permitting process for the construction.
She
said that this process will push the bidding and construction of the project to
next spring, a six-month delay from the original schedule.
Ms.
Stephenson said resident input concerned traffic speeds, and they requested
three-way stop signs and speed humps.
The
Council’s position on the request for traffic-calming devices is that the
process should be followed, post-construction.
Action: The Council approved a motion to endorse the
Motion By: Dickson
Second By: Womble
Vote: Unanimous
8b. Sunset Ridge, Gable Ridge Drainage
Study – Ms.
Stephenson reported that staff gathered public input on the Gable Ridge Flood
Study conducted by Sungate Design Group.
She said staff also has received photographs and electronic
mail from residents of the area following a June 12 informational meeting.
Ms. Stephenson noted that the study provides detailed
information on the flooding conditions in both the 25- and 100-year storm
events in this basin, including specific flood levels with respect to
individual structures. In addition,
inherent in this detailed study is a complete model that will allow the impact
of any development projects or improvement projects undertaken in the basin to
be modeled so that the specific impact of those projects can be analyzed with
respect to flood levels.
Charlie Musser of Sungate Design Group presented the Council
with the engineering study.
Discussion centered on how the
problem
and what could be done to alleviate the situation.
Mr. Alex Guess, 5208 Gable Ridge (aka
About two dozen homes in the study area are affected.
Speaking on behalf of those residents and others who live in
the study area, Mr. Guess asked that the Town’s policy statement on hydrologic basins be converted from a
policy to an ordinance. He also asked
that the Town Council authorize the engineering staff to secure a structural
engineer to inspect and prepare engineering plans to repair or replace the
existing 72” CMP drainage pipe.
Mr. Guess also asked that the Council authorize engineering
staff to evaluate the potential for additional upstream detention facilities to
decrease the amount of storm water on Gable Ridge; to contact Wake County
Schools to bring the Holly Ridge site into compliance with sediment and erosion
control regulations; and to request that Wake County Schools verify that its
existing detention areas on site are designed and working as approved and that
these facilities be mofidified and/or maintained to provide for more storm
water storage capacity.
Mr. Musser said detention would be a very feasible solution,
coupled with improvements to the pipe on Gable Ridge, to alleviate the
problem. He had presented the following
information in Council agenda packets:
Option 1:
Maintenance work on the existing 72” CMP.
Large boulders are around the inlet and have been washed down into the
pipe and need to be removed (this would not necessarily lower the flooding
levels, but the debris has a potential to damage the pipe further, which could
lead to the pipe’s collapsing and a sink hole depression on the ground above.
PERMIT: Not required
Option 2: Contract with a structural hydraulic
engineer for a report that would include a narrative on the current condition
of the pipe, the life left on the pipe and possible rehabilitation and/repair
methods. (Contract may range from $3,000 to $5,000.)
PERMIT: Not required; however, possible rehabilitation
methods that may be suggested
may need permits.
Option 3:
Modify the curb line and two private side yards of lots 515 and 516 at the low
point of Gable Ridge. By removing the curb and creating a weir, stormwater flow would not build up as much in the road and
could pass off the road and into a channel more directly. This method would
help control the flow as it passes through this area and get it off the road
more quickly. Channel restoration/construction would be necessary in this, with
possibly a fence installed for safety.
PERMIT: Would be necessary in order to complete any
stream restoration or channel construction in this area; a permit may also be
required for any changes in stormwater discharge
location.
Option 4:
The Town of Holly Springs could approach the Wake County Schools to request
that the existing facilities be modified and/or better maintained in order to
create more storage area for stormwater.
PERMITS: May be required to comply with the
Option 5:
Start at the yard inlet which is just upstream of the 72” CMP outlet on Gable
Ridge (where the most damage inside the pipe has occurred) and remove the 72”
CMP from that point to the outlet. This portion of the pipe could be replaced
with a 7 feet tall, 8 feet wide concrete box culvert. At the outlet of the
culvert there could have to be some channel work performed in order to accept
the flow from the box culvert, and headwalls could be installed to divert the
channel further away from the structure on lot 516. This would require an existing patio just
feet away from the outlet of the existing pipe to be relocated. For this alternative, lot 515 would have to
have a temporary driveway connection and then have the permanent concrete
driveway replaced following the installation of the box culvert.
PERMIT: May be needed for the replacement of the
existing pipe for maintenance and a permit may also be needed for the stream
work on the downstream side of the pipe.
Option 6:
The entire section of 72” CMP could be removed and replaced with two 7 feet
tall and 8 feet wide box culverts. This would be a major construction project
and would lead to a long period of disruption of yards and the road. There
would have to be a re-installment of many utility lines and the road
infrastructure. This would also convey
the entire 100 year storm via pipe through the Gable Ridge area more quickly,
thereby necessitating improvements downstream in other areas of the
subdivision.
PERMIT: Due to the stream alignment at the downstream
end of the box culverts there would need to be permit obtained.
Option 7:
Potential upstream detention facilities could be evaluated. The model that is
complete could be used to simulate stormwater flow
through various detention scenarios. Potential areas have been identified;
however all of the areas are on private property.
PERMIT: In any
location a permit would be necessary. If
a potential detention facility is located “in line” with a jurisdictional
stream it may not be able to obtain a permit from some agencies (although
recent discussions with agencies have been positive).
Option 8: Buyout of specific houses and re-establishing the original stream
channel with natural stream restoration techniques. This option would be very costly.
PERMIT: In order to remove and do any work, permits
would be necessary.
Mr. Musser warned that the existing pipe, upon an initial
inspection by his staff, may be deteriorating and may fail with high volumes
and velocities of water.
Ms. Stephenson summarized that staff agrees with the
requests of the residents and seeks authorization from the Town Council:
1. To convert the
hydrologic basin policy statement (P-018) into an ordinance – and evaluate the
possibility of considering drainage impacts at the re-zoning stage of
properties to better inform both future developers and the Town of related
impacts of rezoning;
2. To authorize the
town manager to approve a contract in an amount not to exceed $7,000 for a
structural engineer for structural inspection and preparation of engineering
plans to repair the existing drainage pipe – with an objective of completing
repairs within next 90 days if possible (unless staff is directed to proceed
with another improvement in the area that removes this pipe);
3.
To authorize funding for consultants and modeling upstream detention to
determine if and how much detention could be provided by the school and other
upstream properties to eliminate the flooding problem on Gable Ridge.
The
Council agreed that repairing or replacing the 72-inch pipe and evaluating and
correcting conditions on the
Action: The
Council approved a motion to direct staff to convert Policy Statement P-018 to
an ordinance; to authorize staff to move forward with a structural engineer, at
a reasonable cost as determined by the town manager, to inspect and design
repairs for the 72-inch pipe; and to direct staff to move forward with
evaluating corrective scenarios, using the model, and looking upstream as the
likely culprit but not ruling out any other possibilities and to use the Town’s
engineering staff and any consultants needed to recommend the best means of
correcting the flooding problems in this basin.
Motion By: Atwell
Second By: Womble
During discussion, Councilman Atwell asked if FEMA funding would
be available. Ms. Sudano said staff
would be looking into this and other possibilities.
At the mention of agenda packet deadlines and the time it takes
for a finished report to be brought to the Board, Councilman VanFossen said
that – in this instance – last-minute information could be provided to members
of the Council.
Vote: Unanimous
8c.
The
Town Attorney also recommended that the Town’s ordinance be amended to allow consumption
of beer and unfortified wine on Town property.
After hearing the options, Councilman Womble
suggested that the information be put into policy form and that an ordinance
amendment be brought for the Council’s consideration on Aug. 3.
Action:
The Council approved a motion to defer action and schedule consideration
of a policy statement and ordinance amendment on the consumption of alcohol on
Town property for the
Motion By: Womble
Second By: Atwell
Vote:
Unanimous.
8d.
However,
she added, during construction design, it became apparent that the roadway
would have to shift from currently-dedicated right of way because of today’s
environmental permitting requirements.
There has been much research and many meetings
with property owners and regulators to discuss various alternative alignments,
she said.
Ms.
Stephenson reported that two final alignments were selected and have been
evaluated in more detail - Alignments C and D as presented in agenda
packets.
She
noted that Mulkey Engineers had developed preliminary
cost opinions, which also had been provided in agenda packets. She said that the cost estimates are
reflective of the environmental issues that would be encountered along each alignment,
based upon field work by Mulkey Engineers. The Town has met several times with the U.S.
Army Corps of Engineers, and stream crossing permits, although not promised,
should not be a problem for the Town to obtain, Mr. Dean said.
Action: The Council approved a motion to endorse
Alignment C of Ballentine Street in the
Motion By: Womble
Second By: Atwell
Vote: Unanimous
8f.
Ms.
Stephenson said the following are guidelines for accepting privately maintained
roadways for public maintenance the Council should use in considering this
request:
Step
1: A request has been made to the Town by property owners in the area for the
Town to accept maintenance of
Step
2: A “Petition for Roadway Addition” has
been circulated by some property owners, and approximately 70% of the residents
owning land along the roadway have signed the petition. In addition, since the right of way is owned
by the original developer of the subdivision (or his heirs), the property
owners have also had them sign a deed committing to convey right of way to the
Town for the roadway.
Ms. Stephenson said the town attorney has
indicated that the recordation of this deed will suffice to convey the full
right of way to the Town, should the Council approve the request for the
roadway to become public.
Step 3:
A site analysis has been completed by the Departments of Public Works,
Public Utilities, Engineering, and Fire, and the “minimum criteria checklist”
has been completed along with departmental comments.
Step
4: Items numbers 1 through 4 and 7
through 10 are addressed and are covered in the report provided under Step 3
above. Requirements under items 5 and 6
under this step are met.
Action: The Council approved a motion to accept
ownership and maintenance of
Motion By: Womble
Second By: Atwell
In discussion, Councilman VanFossen asked if a master plan for the
roadways in this area had been developed.
Councilman Dickson asked if funding was available.
Mr. Dean explained that the Town would take over maintenance of
the road and provide maintenance of the unpaved surface until the roadway could
be paved.
Councilman Womble asked if a timeframe
could be provided as to when the road could be paved.
Mr. Dean said the spring would be earliest, along with
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 Council on any variety of topics not listed
on the night’s agenda. The following
citizens were heard:
Mr.
and Mrs. Dwayne Roberts,
Ms.
Sudano explained that at a minimum, a private service line would have to be
extended from the end of the six-inch public service line.
Councilman
VanFossen said he would not have a problem with allowing Mr. Roberts to extend
a private service line to his property with the understanding that the Roberts
lot be annexed into the Town in the future.
Action: The Council approved
a motion to allow Mr. and Mrs. Dwayne Roberts,
Motion By: VanFossen
Second By: Atwell
Vote: Unanimous.
10. Other
Business: None.
11. Manager’s Report: None.
12.
Closed Session:
The Council approved a motion to enter into Closed Session, pursuant to
143-318.11(a)(3) and (, to discuss with the Town Attorney a matter involving
right of way acquisition and terms of an interlocal
agreement for regional wastewater treatment.
Motion By: Womble
Second By: Atwell
Vote: Unanimous
General Account of Closed Session –
In Closed Session, Council provided Mr. Schifano with right-of-way
acquisition amounts and directions on condemnation for right-of-way for street
and sidewalk improvement projects.
The Council also discussed with the Town Manager and Mr. Schifano
terms of an interlocal agreement among
The gist of the concern is that the agreement has changed since
the Town of Holly Springs agreed to participate in the effluent line
participation portion approved on July 6.
The Town of Cary will be the lead agency instead of Wake County and
another major change is that the agreement now calls for participants to
provide not only financial participation in the effluent line now, but also in
the land acquisition portion of the project.
The agreement would commit the Town of Holly Springs to paying
$2.1 million to stay in the compact and have a 4
million gallons per day allocation in the plant on the permit. The question before the Council is is it worth $2.1 million for this capacity (plus an
additional $9.6 million in future phases of the compact)
Council and the town manager feel the cost estimates for the
regional wastewater treatment plant are extremely high and hard to justify.
The Town Manager suggested that the Town commit to providing
$747,000 to the project for facilities the Town of Holly Springs would actually
use, based on what he feels are more reasonable actual cost projections.
The Council provided consensus to this recommendation. (However, developments later in the week
necessitated the Town’s commitment to the required $2.1 million participation
in the project. The Town Manager
reported developments to the Council via email and received a consensus that
the participation would be necessary in order to protect the Town of Holly
Springs’ interest in the project and eventually ensure adequate wastewater
treatment for the future.)
-- End General Account
The Council returned to Open Session following a motion by
Commissioner Dickson, a second by Commissioner Atwell and a unanimous vote.
In Open Session, the Council discussed a pending vacancy on the
Town Council. Mayor Sears had advised
that he had not received a formal resignation letter from Councilman
If the move takes place, Councilman Taylor said he would submit
his resignation, and a
vacancy would be created on the Council.
Council members agreed that a replacement should be a person who
is knowledgeable of the Town, its projects, its vision and its processes. Councilmen talked about the advantages of
appointing a present or past member of the Town’s advisory
No action was taken.
13. 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 official record.