Regular Meeting
Regular Meeting
MINUTES
The Holly Springs
Town Council met in regular session on
Council Members Present: Councilmen Parrish Womble, Chet VanFossen,
Peter Atwell and
Council Members Absent: Councilman
Mike Taylor.
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. Horace Ferguson, pastor of the
4. Agenda Adjustment: The
Motion
By: Dickson
Second
By: Atwell
Vote: Unanimous
Items
Added to the Agenda: Consideration
of adding “No Parking” signs on Cayman Avenue and consideration of Councilman
Mike Taylor’s resignation and filling the vacancy were added as items under
Other Business..
Consent
Agenda Items Removed: None.
Other
Changes: Item 8d. under
New Business was moved up on the agenda to follow Item 8a.
5a. Public
Hearing: Hazard Mitigation Plan – Ms. Stephenson explained that in February 2004, the Town
of Holly Springs submitted a draft of its Hazard Mitigation Plan to the NCDEM.
Development of the Hazard Mitigation Plan took place by Town staff, with a
consultant's assistance, in a process that has lasted over the past year, she
noted.
Since
submittal of the draft plan in February 2004, Ms. Stephenson said, the NCDEM
reviewed the document and provided comments on the draft plan.
Staff and the consultant have worked
to address these comments and have the draft re-submitted to the NCDEM. The
NCDEM has notified the Town that the draft is in order and ready to be put
through first a public hearing and then final adoption by resolution of the Town
Council prior to
For
background, Ms. Stephenson explained that the Hazard Mitigation Plan is
required by the State and Federal governments in order for the Town to remain
eligible to receive disaster relief funds in the event of a disaster. To guide HMP development, the Town formed a
Hazard Mitigation Stakeholder’s Committee consisting
of town staff and members of the public who responded to a request for public
representatives to actively participate in the planning process.
The
plan outlines recommended mitigation actions that the Town is proposing to
undertake to reduce community vulnerability to natural hazards.
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: None. The Council is
scheduled to consider adoption of the Hazard Mitigation Plan by resolution on
5b. Public
Hearing: 04-SEU-04, Holly Ridge
Elementary - Ms. Bailey explained that the petitioner,
Wake County Board of Education, is proposing three mobile classroom units to be
located on the approximately 12-acre Holly Ridge Elementary School site located
at 900 Holly Springs Road.
According to the UDO, a Special
Exception Use for the use of temporary mobile classrooms must be granted by the
Town Council. The Council must base its
decision on whether the applicant is making “progress toward accomplishing the
goals of development indicated on the site plan within a reasonable period of
time….” The original site plan approved
on
Ms. Bailey pointed out other notes
on the school project: the Town has
never received as-built drawings for the school site; there continue to be
problems for downstream property owners due to sedimentation (which staff
recently discovered is coming from the elementary and middle school sites
because of insufficient ground cover) and an increase of stormwater
due to development of the site as a school; and the goal of Wake County Public
Schools is to have another elementary school built in the Holly Springs area by
2007.
Ms. Bailey also noted that, with the
absence of Councilman Taylor, a 4/5 majority of the Council would require a
unanimous vote among the remaining councilmen.
With that explanation completed,
Mayor Sears opened the public hearing to accept sworn testimony and qualified
evidence. The following testimony and
evidence was provided under oath administered by the Town Clerk: None.
There being no comments, the public
hearing was closed.
Councilman VanFossen asked if conditions
listed in the suggested motion would be adequate to relieve downstream
flooding.
Ms. Sudano explained that the
conditions would provide for town staff to work with the school system staff to
devise any and all means to relieve flooding downstream of the school site.
After reviewing the materials
provided as evidence in agenda packets, the Council set about making the
necessary findings of fact.
Action
#1: The Council approved a motion to
make and accept the following findings of fact to be recorded in the minutes by
the Town Clerk:
a. The
proposed use will not be injurious to the public health, safety, comfort,
community moral standards, convenience or general welfare;
b. The
proposed use will not injure or adversely affect the adjacent area;
c. The
proposed use will be consistent with the character of the district, land uses
authorized therein, and the Town of
d. The
proposed use shall conform to all development standards of the applicable
district (unless a waiver of such development standards is requested as part of
the special exception use petition and approved as set forth above, in which
case the proposed use shall conform to the terms and conditions of such
waiver).
e. Access
drives or driveways are or will be sufficient in size and properly located to:
ensure automotive and pedestrian safety and convenience, traffic flow as set
forth in Section 7.09 – Pedestrian Circulation and Vehicular Area Design; and,
control and access in case of fire or other emergency;
f. Off-street
parking areas, off-street loading areas, trash enclosures, trash pick-up and
removal, and other service areas are located so as to be safe, convenient,
allow for access in case of emergency, and to minimize economic, glare, odor, and
other impacts on adjoining properties and properties in the general
neighborhood;
g. The
lot, building or structure proposed for the use has adequate restroom
facilities, cooking facilities, safety equipment (smoke alarms, floatation
devices, etc.), or any other service or equipment necessary to provide for the
needs of those persons whom may work at, visit or own property nearby to the
proposed use;
h. Utilities,
schools, fire, police and other necessary public and private facilities and
services will be adequate to handle the needs of the proposed use;
i. The location and arrangement of the
use on the site, screening, buffering, landscaping, and pedestrian ways
harmonize with adjoining properties and the general area and minimize adverse
impacts; and,
j. The
type, size, and intensity of the proposed use (including but not limited to
such considerations as the hours of operation and numbers of people who are
likely to utilize or be attracted to the use) will not have significant adverse
impacts on adjoining properties or the neighborhood.
Motion
By: VanFossen
Second
By: Atwell
Vote:
Unanimous
Action: Having made findings of fact that the project
meets the requirements to be granted a Special Exception Use, the Council
approved a motion to approve Special Exception Use Petition #04-SEU-04 to allow
for the placement of three mobile classrooms at Holly Ridge Elementary School
as submitted by Philip Safriet of H.S. Annis Architect, AIA, Project Number 0004-04, dated Revised
06/18/04 with the following three (3) conditions:
1. Prior to issuance
of the Certificate of Occupancy for these units, “As-Builts”
must be provided for both school sites.
The as-builts are to meet Town standards for
as-builts, but specifically to include utility
information and drainage structure information.
2. The school sites
are to be re-vegetated (and maintained) to provide sufficient groundcover to
prevent sedimentation onto downstream properties.
3. Prior to
Motion By: VanFossen
Second By: Atwell
Vote:
Unanimous.
A
copy of the Special Exception Use application 04-SEU-04 is incorporated into
these minutes as addendum pages
6a.
Alcohol Consumption Policy P-021 and Ordinance 04-10 – Mr. Schifano explained that at the
He also provided a policy statement
covering the issue.
The pertinent text of Ordinance
04-10 is as follows:
“BE IT ORDAINED by the Town Council
of Town of Holly Springs, North Carolina that Part 8, Chapter 1, Section
8-1002, of the Town Code, Offenses, Disorderly Conduct, is amended as follows:
Section 1. That the ordinance be amended in the
manner attached hereto as Exhibit A, with deletions being designated by a
strike-through, and additions designated with an underline.
EXHIBIT A
Section 8-1002. Drinking in public places:
(a) It shall be unlawful for any person to
display or consume intoxicating beverages on any public street, right-of way,
alley, park or other public place except as provided for in this article.
(b) Consumption of malt beverages and
unfortified wine shall be permitted at Bass Lake Park during scheduled events
at the rented facility and upon proper permit or exception under G.S. §18B
provided that consumers abide by the alcohol policy filed with the Town Clerk
and the alcohol beverage laws of the state.
No fortified wine or liquor is permitted at any time.
(c) Consumption of malt beverages and
unfortified wine shall be permitted at
The pertinent text of Policy
Statement P-021 is as follows:
- Anyone
serving malt beverages or unfortified wine will be required to hire an
off-duty Town of
- Anyone
wishing to serve malt beverages or unfortified wine will be required to
pay a $200 deposit ($100 facility deposit plus $100 alcohol deposit).
- A Hold
Harmless Agreement and an Indemnification Agreement must be signed by the
host(s) releasing the Town from any and all liability resulting from the
event.
- Pursuant
to Ordinance 8-1002 fortified wine and liquor are prohibited.
- Selling
or providing alcohol to an intoxicated person is prohibited by N.C.G.S.
§305(a) and doing so may subject the provider to civil and criminal
penalties.
- No town
employee may assist with the provision or sale of alcohol.
- Renter of
the facility shall designate one person responsible for the provision of
alcohol who shall remain on site during the entire function. Designated person shall adhere to any
request by a town employee or police officer to cease distribution of
alcohol, however host and responsible party agree that this in no way
causes the Town or any of its employees to be liable for negligence
relating to the consumption of alcohol.
- At the
discretion of the Park Manager, proof of liability insurance may be
required.
Councilman Womble said he had reservations about the
ordinance because it encourages drinking and puts the town in a position of
liability; at the same time, he doesn’t feel that the ordinance should single
out Septemberfest but should also include private
events held at
Councilman VanFossen said he felt the ordinance should just
address
Councilman
Atwell said he felt a beer garden, especially in a fund-raising setting, may be
something
local groups might want to do and striking references to it in the ordinance
may close that door. He said he would
prefer to keep the wording as presented by the Town Attorney.
Councilman
Womble agreed and amended his motion.
Action: The Council approved a motion to adopt
Ordinance 04-10 Amending Part 8, Chapter 1, Section 8-1002 of the Town Code of
the Town of Holly Springs to allow consumption of alcohol in certain
circumstances at
Motion
By: Womble
Second
By: Atwell
Vote: Unanimous
(Councilman Womble’s
original motion was to strike references to
For
clarification, Councilman Atwell asked if the ordinance would allow festival
goers to bring their own alcohol in or just the sale of it.
The Town Attorney suggested a
wording change to the ordinance to amend the text to read as follows” the sale
of beer and unfortified wine shall be permitted by a duly-authorized non-profit
agency during Septemberfest, in a limited area of the
premises
Action: The Council approved a motion to amend the
ordinance to read that “the sale of beer and unfortified wine shall be
permitted by a duly-authorized non-profit agency during Septemberfest,
in a limited area of the premises.”
Motion
By: Atwell
Second
By: VanFossen
Vote: Unanimous.
A copy of the Ordinance 04-10 is
incorporated into these minutes as addendum pages
6b.
He said preliminary indications are
that the proposed alternative Scheme B as described in agenda packets would
cost roughly $25,000 less than the initial site plan, which required a public
street extending along the northern property boundary. He added that Scheme B, if approved as
recommended, should require significantly less retaining wall installation,
grading work would be reduced, and paving costs would be less as well.
A 26-foot R-O-W conveyance would be
required from the two properties adjoining
One of the property owners, Mr. Tim Farless, already has indicated a willingness to convey the
necessary R-O-W, while contact with the other property owner, Mr. Hart, is
still pending, Mr. Simmons said.
This alternative site plan was not
originally developed because initial projections showed that as much as 52 feet
of additional R-O-W (each) would have been required from the Farless and Hart properties, thus significantly limiting
the development potential for those properties, Mr. Simmons said. However, as the site plan and schematic
design process progressed, it has become apparent that a 26-foot conveyance
would be adequate.
Mr.
With this plan, however, the
driveway would be 24 feet wide, which exceeds the UDO maximum width for a
driveway in the rear yard, which is 20 feet.
An amendment to the Special Exception Use (04-SEU-02) would be needed to
allow this driveway.
Action
#1: The Council approved a motion to amend 04-SEU-02: Town of
Motion
By: Dickson
Second
By: Womble
Vote: Unanimous
Action
#2: The Council approved a motion to
authorize Little Diversified Architects to proceed with the design and
development of the alternate Flint Point Lane Fire Station site plan as
proposed.
Motion
By: Dickson
Second
By: Womble
Vote: Unanimous
7. Consent Agenda: All items on the Consent Agenda were approved following a
motion by Councilman Atwell, a second by Councilman Womble and a unanimous
vote. The following actions were
affected:
7a. 911 Wireless – The Council authorized
the Town Manager to enter an agreement
with the North Carolina Wireless 911 Board in order to receive
7b. Budget Amendment, $3,875 – The
Council adopted an amendment to the FY 2004-05 budget in the amount of $3,875
to receive insurance proceeds for repairs to a damaged public works
tractor. A copy of the budget amendment is incorporated into these minutes as an
addendum page.
7c.
7d. Water Meter
Purchase – The Council
approve the sole-source purchase of water meters from Pipeline Supply Co, Inc.
7e. Minutes – The Council approved minutes of the Council’s regular
meeting held on
7f. LDC Engineering – The Council agreed to enter a professional services
contract with LDC Engineering for design of pedestrian bridge at the historic
springs site. A copy of the proposal is incorporated into these minutes as addendum
pages.
He, on behalf of the Committee,
asked that the Council partner with
the Parks and Recreation Advisory Committee and the Parks and Recreation Department
to take the steps necessary during the next 12 months to complete a master plan
and design, select a site, and identify funding to purchase a site and build a
community center within two years.
Councilman Atwell pointed out that
there is $38,000 in the Fund Balance that has been designated by the Council
for site selection and design of a community center.
Action: No Action was taken.
8d.
Parks Committee Appointments (moved up on the agenda during
agenda adjustment) -- Mr. Adamson addressed the Council on behalf of
the Parks and Recreation Advisory Committee to recommend that the Town Council
appoint Matt Clifton to fill a vacant position on the committee. The term would expire
Mr.
Adamson said the advisory committee also recommends the reappointment of Kathy
Hamilton-Brown and Patty Glembocki to the committee
with terms to expire on
Action: The Council approved a motion to appoint Matt
Clifton,
Motion
By: Dickson
Second
By: Atwell
Vote: Unanimous
8b.
Action: The Council approved a motion to defer action
until Aug. 17 on an interlocal agreement with
Motion
By: Atwell
Second
By: Dickson
Vote:
Unanimous
8c.
Because the dimensions of the double
wide building are different than his existing home, Mr. Arnold would have to
build another septic tank; however, his lot dimensions would prohibit that.
He has been advised that his only other
option would be to request water and sewer services from the Town of Holly
Springs to be extended to the new home.
Mr. Arnold said he would request
annexation of his lot and apply for and pay for the proper building permits;
however, he does not have the financial means to pay the associated utility tap
fees, estimated to be about $7,750.
Mr. Arnold's request to the Town
Council is that water and sewer utility tap fees in the amount of -/+ $7,750 be
waived.
Council was inclined to deny the
request since Mr. Arnold was not present.
Councilman Womble said he would prefer to wait until Mr. Arnold could be
present to answer any questions before action was taken.
Action: The Council approved a motion to deny Mr.
Arnold’s request to waive or amortize his water and sewer utility tap fees to
the Town.
Motion
By: Atwell
Second
By: Dickson
Vote: The motion carried 3-1. Councilman Womble voted against the
motion. Councilmen VanFossen, Atwell and
Dickson voted for.
8e. 02-ZPF-19-A01,
Bass Lake Retreat Center – Ms. Bailey
explained that, according to the UDO, the ground sign for Bass Lake Retreat
Center would be limited to four square feet.
The UDO provides, however, that the maximum sign surface area allowed
for illuminated ground sign can be increased by combining the permitted sign
area for other signs on the site, and/or the building to be added to the
allowable area of the ground sign.
The
proposed ground sign has a sign surface area of 14 square feet and the
following was used to allow for the proposed 14 square foot sign surface: 4
square feet (permitted ground sign) + 11 square feet (permitted for a wall sign
on one side of the building) = 15 permitted square feet for the proposed ground
sign.
Ms.
Bailey said that when the
Action #1: The Council
approved a motion to approve to waiver of regulations of UDO Section 7.03, D.,
4., a., (7), (a), Maximum Sign Surface Area for Freestanding Signs for Petition
#02-ZPF-19-A01 for the Bass Lake Retreat Center Master Sign Plan, to allow a 14
square foot ground sign as submitted by Scott Barnard, Town of Holly Springs
Department of Parks and Recreation, stamped received June 16, 2004 with the
following condition:
1. The ground sign shall not exceed a maximum
fifteen (15) square feet.
Motion By: VanFossen
Second
By: Womble
Vote: Unanimous
ACTION #2: The Council
approved a motion to approve Zoning Permit Amendment #02-ZPF-19-A01 for Bass
Lake Retreat Center to create a Master Sign Plan as submitted by Scott Barnard,
Town of Holly Springs Department of Parks and Recreation, stamped received June
16, 2004 with the following condition:
1. A UDO Permit for Sign Installation shall be
obtained from the Department of Planning & Zoning prior to the installation
of any signage.
Motion
By: VanFossen
Second
By: Womble
Vote: Unanimous
8f.
Sunset Oaks Phase 12 Developer Agreement -- Ms.
Sudano explained that the Town Council had approved the addition of Phase 12 to
the Sunset Oaks PUD and also added terms to the developer agreement to include
Phase 12.
She said that, in addition, the
developer is requesting a modification to the original developer agreement that
covers warranty bonding requirements - specifically permitting a reduction to
the total dollar amount of warranty bonding required for the Sunset Oaks
project. The request is to require the
developer to post a $50,000 bond for each development in
Action: The Council approved a motion to approve the
amended developer agreement for Sunset Oaks, Phase 12 and to allow the
developer a reduction in the amount of required warranty bonding to $50,000 for
each development in
Motion By: Womble
Second
By: Atwell
Vote: Unanimous
A copy of the Sunset Oaks PUD, Phase 12 developer’s
agreement is incorporated into these minutes as addendum pages.
8g.
Storm Water Management Study -- Ms. Keefer said that
in May of 2004
Ms.
Keefer said that phase II of the countywide program will begin implementation
of the collaborative stormwater program. The County has offered to pay all costs
associated with this feasibility phase.
Ms.
Keefer said that staff recommends the Town participate in this feasibility
phase of the program, which will allow the Town to benefit from free consulting
services for stormwater program development, while
giving the Town the option of choosing whether to be involved with the
subsequent implementation phase of the program.
Action: The Council approved a motion to authorize
the Town Manager to enter into an Interlocal
Agreement to participate in the feasibility phase of the
Motion By: Atwell
Second
By: Dickson
Vote: Unanimous
A copy of the
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:
10a. No Parking signs on
The
situation creates a traffic hazard, he said.
Although the signs would most likely only shift the parking traffic
further down the street, the approach to the intersection, at least, would be
cleared, he said.
Action: The Council approved a motion to designate the
Motion By: Dickson
Second By: Atwell
Vote: Unanimous
10b. Councilman Mike
Action #1: The Council
approved a motion to accept with regret Councilman Taylor’s resignation from
the Holly Springs Town Council.
Motion By: VanFossen
Second By: Womble
Vote: Unanimous
The
Council then set about discussing filling the resulting vacancy. Six nominees for consideration were submitted
by Council members. Citizens nominated
were: Lisa Martin, Jimmy Cobb, Gerald Holleman, Edison Perkins, Ernie Pearson and Matt Johnson.
Councilman
Womble nominated Gerald Holleman and Edison
Perkins. Councilman VanFossen nominated
Lisa Martin and Jimmy Cobb. Councilmen
Atwell and Dickson were in agreement of nominating Ernie Pearson and Matt
Johnson.
Commissioner
VanFossen said he felt any of the nominees would provide good leadership on the
Council. Of the nominees each with two
supporters, he said he would think former Town Attorney Ernie Pearson would
have the strongest qualifications.
Commissioner
Womble maintained that, although he respected Mr. Pearson, he feels strongly
that former Mayor Gerald Holleman was the best
candidate because of his more than two decades of experience and leadership in
the community.
Action: The Council approved
a motion to appoint Ernest C. Pearson to the vacant seat of former Councilman
Mike Taylor to fulfill the term that will expire in December 2005.
Motion By: Dickson
Second By: VanFossen
Vote: The motion carried,
3-1. Councilman Womble voted against. Councilmen
VanFossen, Atwell and
Dickson voted for.
11. Manager’s Report: Mr. Dean reported to the Council on the Town’s new water
billing system, which provides return envelopes. Her reminded the
Council of the upcoming ribbon-cutting ceremonies for the pump maintenance
building and police station.
12. Closed Session: The Council approved a motion to enter into Closed Session,
pursuant to 143-318.11(a)(3) for the purpose of
conducting the town manager’s annual performance evaluation.
Motion By: Womble
Second By: Atwell
Vote: Unanimous
General Account of Closed Session –
In Closed Session, Mayor Sears and the Council reviewed with Mr.
Dean their individual and collective evaluations of his job performance over
the past year. The evaluation was
generally positive, with suggestions for improvement. The Council also directed a 5% salary
increase for the town manager, which was to be communicated to the finance
office and human resources officer.
-- End General Account
The Board approved a motion to return to Open Session.
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.
art of the official record.