Regular Meeting
MINUTES
The Holly Springs
Town Council met in regular session on
Council Members Present: Councilmen Ernie Pearson, Parrish Womble, Chet VanFossen, Peter Atwell, and Hank Dickson and
Mayor Sears.
Council Members Absent: None.
Staff Members Present:
Carl G. Dean, town manager; John Schifano, town attorney; Joni Powell, town
clerk, (recording the minutes); Alysia Bailey, planner II; Stephanie Sudano,
director of engineering; Jennifer Mizelle, director of economic development;
and Drew Holland, finance director.
2 and 3. The pledge of allegiance was recited, and the
meeting opened with an invocation by Rev. Sam Gore of Salt and
4. Agenda Adjustment: The
Motion
By: Atwell
Second
By: VanFossen
Vote: Unanimous
Items
Added to the Agenda: None.
Consent
Agenda Items Removed: Councilman Peter Atwell requested that Item No. 6a., a project ordinance and budget amendment to fund it for
the cultural center/library project, be removed from the Consent Agenda for
discussion under New Business.
Other
Changes: None.
At
this time, Mayor Sears asked for the Council’s and audience’s indulgence as he
took a few moments to give special recognition to Mrs. Lenita
Gilreath, former executive director of the Holly
Springs Chamber of Commerce. Ms. Gilreath, her husband, Tony, and children are moving away from
Ms. Gilreath
served as Chamber director from April 2001 to present and is credited with
increasing membership 133 percent during that time, establishing Septemberfest and A Main Street Christmas and designing and
publishing the Chamber’s annual directory of members and community information.
Mayor Sears said it would be
difficult for the town to fill the void that will be felt in her absence.
He and Councilman Hank Dickson
presented Lenita with a mayoral proclamation
designating
5a.
Public Hearing: Annexation
Petition A04-09 – Ms. Bailey
said the Town has received a petition for voluntary annexation of approximately
4.0 acres located along
With that explanation completed,
Mayor Sears opened the public hearing to accept comments. The following comments were recorded: None.
There being no comments, the public
hearing was closed.
Action: The Council
approved a motion to adopt Annexation Ordinance A04-09 to annex approximately
4.0 acres owned by Roy E. Wyche
and Gladys Adams, and more particularly described as Wake County Pin:
0659.02-97-0264, into the corporate limits of the Town of Holly Springs.
Motion By: Dickson
Second
By: Atwell
Vote:
Unanimous
A copy of Annexation Ordinance A04-09 is incorporated into these minutes as addendum pages.
5b. Public Hearing:
Zoning Petition 04-REZ-11,
- Ms. Bailey reported that the Town has received zoning petition 04-REZ-11
requesting that the zoning of the property located at 3001 Lassiter Road be
changed from R-10: residential to LB: local business. She said the request is in conformance with
the land use plan that designates this property as mixed use.
The
proposed zoning allows for general retail and office uses, she said; however,
most uses with drive-thru or automobile services would require a special
exception use and public hearing, she added.
Ms. Bailey reported that the
Planning Board recommends approval of the petition following a split vote on
the matter. Two members voted against
the request. Ms. Bailey explained that
the two members were concerned that the proposed zoning change would be
considered spot zoning and would be disruptive to neighboring properties.
Councilman Atwell asked for Ms.
Bailey to respond to that position of the planning board.
Ms. Bailey noted that it is staff’s
interpretation that this rezoning would not constitute “spot zoning” since the
long-range plan of the Town designates this area as a mixed use area.
Action: The Council approved a motion to approve
Zoning Petition #04-REZ-11 to change the zoning of .52 acres of Wake County PIN
# 0659.02-96-3897 from R-10: Residential to LB: Local Business as submitted by
Leonard H. Sullivan, Jr.
Motion
By: Atwell
Second
By: Dickson
Vote: Unanimous
6. Consent Agenda: All remaining items on the Consent Agenda were approved
following a motion by Councilman Womble, a second by
Councilman Atwell and a unanimous vote.
The following actions were affected:
6a. Ordinance 04-12
– This item was moved to New Business as agenda item 7d.
6b. Resolution 04-37 – The Council
adopted Resolution 04-37 declaring old utility pole Christmas decorations and
the old sound/recording system for the former municipal building to be surplus
property of the Town. A copy of Resolution 04-37 is incorporated
into these minutes as an addendum page.
6c. Resolution 04-38 – The Council adopted Resolution 04-38 urging a safe and
courteous Halloween. A copy of Resolution 04-38 is incorporated
into these minutes as an addendum page.
6d.
6e. NC 55 Sidewalk
Staking Contract – The Council
approved to enter a contract in the cost-plus-contingency amount of $3,685 with
Mauldin-Watkins Surveying for construction staking of NC 55 sidewalk. A copy
of the Mauldin-Watkins Surveying contract is incorporated into these minutes as
an addendum page.
6f. Minutes – The Council approved minutes of the Council’s regular and
special meetings held on
7a.
Action: The Council approved a motion to reject the
single bids and to authorize staff to again seek informal bids on the road
project.
Motion
By: Pearson
Second
By: Atwell
Vote: Unanimous
7b.
NC 55 Sidewalk
– Ms. Sudano explained that the Town plans to construct approximately 1,000
feet of sidewalk from Eckerd Drug store south along
Alternate
1: the construction of a retaining wall
and fence along the parcel between the Village Inspections site and the Fire
Department.
Alternate
2: the grading and pipe extension along
the parcel between Village Inspections site and the Fire Department.
At
the bid opening on Sept. 20, Ms. Sudano said, the Town received no bids. She advised that the contractor on another
paving project in Town had expressed no previous interest in doing the project
as a contract change order.
She
reported that staff will either readvertise the
project or contact the contractor on the other paving project and see if the
contractor would have any interest now in doing the project as a change
order. The project will be brought back
to the board at a later date.
No action.
7c.
Ms. Sudano reported that the Town
received two bids on the project. Bid
amounts ranged from a low of $82,626 to a high of $139,745.50. The low base bid
was received from Gelder and Associates.
After reviewing the bids received,
staff recommends that the Council approve the low bid from Gelder
and Associates in the amount of $90,000 to include a contingency. She said that this would be within the amount
budgeted for the project.
Action:
The Council approved a motion to award the construction contract to low
bidder Gelder and Associates in the
cost-plus-contingency amount of $90,000 for the paving of
Motion
By: Womble
Second
By: Pearson
Vote: Unanimous
7d.
Mr. Dean said the BFI funds are
deposited into a separate Landfill Franchise Fee line item and are pulled by
means of a budget amendment into a project ordinance once the project is
established. He added that, yes, funds
are available from landfill fees collected to be put toward a recreation
center.
Action: The Council approved a motion to adopt
Ordinance 04-12 setting up the Cultural Center Project and to adopt an
amendment to the FY 2004-05 budget assigning funds from franchise fees to
various line items in the Cultural Center Project.
Motion
By: Atwell
Second
By: VanFossen
Vote: Unanimous
Copies of Ordinance 04-12 and the related
budget amendment are incorporated into these minutes as addendum pages.
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:
Commissioner VanFossen asked about the progress for
striping, traffic-calming and signage on
The
Council agreed that staff should issue a note to residents in the area affected
to advise them that the Town still is working on it. Members also suggested that the Town notify
the homeowner associations so that notice could be placed in newsletters and/or
websites.
Councilman
VanFossen asked if the Town could initiate a request for proposals for design
for a recreation center. Also, he asked,
if the Town is looking at alternative sites, other than the
Mr. Dean said the Town is looking at all options; however,
design proposals would most likely be issued after a site is identified as
feasible.
Councilmen VanFossen and Atwell said they were interested in
moving forward with the project.
Councilman Womble asked Ms. Sudano
if there were plans to install sidewalk along
Councilman
Womble reported that there will be a fund-raising
walk to benefit the American Diabetes Association in Fuquay-Varina this
weekend. Next year, he said the event
will be held in
Councilman
Atwell asked when web streaming of town board meetings would be
accomplished. The Town Clerk advised
that the public information officer was investigating various pieces of
equipment and support software to select what is best for the Town. She added staff plans to gather comparison
numbers in December for implementation in January.
The
Town Clerk reported to the Council that Public Information Officer Tamara Ward
received recognition at the North Carolina Public Information Officers
conference, winning first place for her recycling campaign commercial and
promotional materials.
Councilman
Atwell asked why the Town of Holly Springs entrance sign was placed so far away
from the roadway. Mr. Dean explained
that NCDOT would not allow placement of the sign within the right-of-way. Councilman Atwell commented that it was odd
how the Department of Transportation would not allow the Town to place its
entrance sign in the right-of-way, especially since the Town is paving so many
state roads these days.
11. Manager’s Report:
Mr. Dean reminded members of the
upcoming North Carolina League of Municipalities conference and of the opening
of
Councilman VanFossen said he
received a report that the Town is charging a separate fee for tables and
chairs when citizens rent the
Mr. Dean and Mr. Holland reviewed with Council members schedules that were provided in agenda packets
showing the following information:
1. General Fund Cash, Liabilities and Fund Balance for the
last five years. The schedule reflects the increase in Fund
Balance as it relates to the increase in cash and the Reserve Funds as well.
2.
Utility Fund Cash, Liabilities & Retained Earnings for the last five years. Schedule reflects the changes in cash as it
relates to Retained Earnings and Reserve Funds
3.
Utility Fund Revenues & Expenses.
The schedule shows how much the Utility Fund relies on development fees
to cover operational expenses. The
water/sewer sales cover just over half of the expenses of this fund.
Councilman
Atwell asked the status of the Gable Ridge flooding problem. Ms. Sudano said the Town has received as-builts; erosion issues are being addressed by Wake County
Public Schools; a proposal from Sungate to analyze
retention on the school site will be brought to board on Oct. 5; and the
culvert is being studied.
12. Closed Session: The Council approved a motion to enter into Closed Session,
pursuant to G.S. 143-318.11(a)(4), for the purpose of discussing the potential
location of a new company to this area; and, pursuant to G.S. 143-318.11(a)(3)
and (1), to discuss under the client-attorney privilege matters of code
enforcement violations and land acquisition.
Motion
By: Womble
Second
By: Atwell
Vote: Unanimous
General Account of
Closed Session –
In Closed Session, Mr. Dean updated the Town Council on a new
industry that may locate in
Council was briefed on a matter of pending litigation with two
property owners who are in apparent violation of the Town’s zoning ordinances,
its animal control ordinance and any number of health regulations.
Council also discussed the need for launching the recreation
center project. After discussion,
members agreed that the Town should concentrate on the existing
-- End General Account
The Council returned to Open Session following a motion by
Councilman Dickson, a second by Councilman Atwell 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.