Regular Meeting
MINUTES
The Holly Springs
Town Council met in regular session on
Council Members Present: Councilmen Parrish Womble, Chet VanFossen,
Peter Atwell and Hank Dickson and Mayor Sears.
Council Members Absent: Councilman
Ernie Pearson.
Staff Members Present:
Carl G. Dean, town manager; Chuck Simmons, assistant town manager; John
Schifano, town attorney; Joni Powell, town clerk, (recording the minutes); Linda
Harper, deputy town clerk; Gina Bobber, director of planning and zoning; Alysia
Bailey, planner II; Jennifer Mizelle, economic development director; Thomas
Tillage, director of water quality; Stephanie Sudano, director of engineering;
Len Bradley, parks and recreation director; and Drew Holland, finance director.
2 and 3. The pledge of allegiance was recited, and the
meeting opened with an invocation by Rev. Rev. Hal Adkins, pastor of the
4. Agenda Adjustment: The
Motion
By: VanFossen
Second
By: Womble
Vote: Unanimous
Items
Added to the Agenda: None.
Consent
Agenda Items Removed: None.
Other
Changes: None.
5. Public
Hearing: Annexation Petition A04-08,
Edward D. and Debra H. Roberts –
Ms. Bailey said the Town has received a petition for voluntary annexation of
land containing 2.50 acres located at
Ms.
Bailey said that the town staff notified the Town of
Staff
reported that the Roberts’s have submitted to the Town of
He said he explained to Apex town
officials his situation and that he requests annexation into the Town of Holly
Springs in order to connect to the municipal water services that are within
several yards of his front yard.
Mr. Schifano suggested that the
council has the following options:
1) Continue the voluntary
annexation. Mr. Schifano recommended
that, if it is the decision of the council to move forward with the annexation,
it should wait until the full 60-day notice has expired before taking action on
the petition.
2)
Tell the property owners that there is nothing the Town of Holly Springs
can do for them because Apex stands firm in its objection to the annexation;
3)
Allow the property owners at this time to connect to the Town of Holly
Springs water without annexation and require the Roberts’s to pay the double
out-of-town rate. With that done, Mr.
Dean pointed out, the Town could decide at a later
date whether to proceed with annexation or to avoid any conflict with the Town
of
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: A motion was made that it would be in the
best interest of the property owners to allow the Roberts’s to tie in to the
Town of Holly Springs water line immediately and to consider the question of
annexation of their property at a later date.
Motion
By: Womble
Second
By: VanFossen
At this time, Councilman VanFossen
suggested that the Town not require Mr. and Mrs. Roberts to pay the double
out-of-town water rate when they connect to the Town’s water line.
Amended
Motion: Councilman Womble agreed to
amend his motion to include that the Town would waive the out-of-town water
rates for the Roberts’s until such time as the annexation issue with the Town
of
Vote: Unanimous
Mr. Roberts thanked the Town Council
for its action. He was asked if he had
received a response yet from the Town of
Mr. Roberts said he did that
afternoon in a phone call to the Apex town manager. The answers he was given, he said, was that
the Town of Apex still objects to the annexation and believes Holly Springs
should not annex his property, but that the Town of Apex cannot offer him
municipal water service.
6a. Chamber of Commerce Education Committee Report – Mr. Tim Sack, president of the Holly Springs Chamber of
Commerce, introduced the Chamber’s new executive director Scoop Green.
Then,
Ms. Lenita Gilreath, outgoing executive director who is moving to
Ms.
Susan Phares-Aldrich of the Holly Springs Chamber of
Commerce Education Committee updated the Council on the committee’s activities, plans and goals.
Ms. Phares-Aldrich also gave an overview of the new
mathematics program being offered in
Ms.
Phares-Aldrich said that the program has a poor performance rating in other
parts of the country (40% failure rate) and many
Action: No action was taken.
6b. Samuel Herbert
Arnold Request – Mr. Arnold,
100 Fairview Street, explained that he is requesting for a waiver of costs
associated with water and sewer service extension to his property. Mr. Arnold said that he wishes to replace
his existing singlewide mobile home (which is currently outside the town
limits) with a double wide manufactured home. He would like the bigger home so
that he will have enough living space in order to care for his elderly
mother-in-law, he said.
Mr. Arnold said that because the
dimensions of the double wide building are different than his existing home, he
would have to build another septic tank; however, his lot dimensions would
prohibit that. He said that he was
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 added that he also does not have the financial means to extend the sewer
line from its existing terminus and provide the private pump station that would
be needed to serve his property.
Mr. Arnold's request to the Town
Council is that water and sewer utility tap fees in the amount of -/+ $7,750 be
reduced or waived and that the Town extend the necessary wastewater lines and
pump stations to his property at no cost. He asked if there was any grant
programs or if there was any grant funds left from the Fair Share project to
assist him.
Councilman Womble asked if Mr.
Arnold could handle the cost if it were spread over time. Mr. Arnold said he
wasn’t sure.
Councilmen said they sympathized
with Mr. Arnold’s position, but felt that waiving the fee would be setting an
irresponsible precedent. The Council
also agreed that providing a private pump station and force main was something
the Town absolutely should not do.
Councilman Atwell added that he
would be in favor of providing an amortization of the debt.
Action: The Council approved a motion to deny Mr.
Arnold’s request to waive his water and sewer utility tap fees to the Town and
also denied his request that the Town extend sewer lines to his property.
Motion
By: Dickson
Second
By: Atwell
Vote: Unanimous
Mayor Sears suggested that Mr.
Arnold put a budget together as to his needs and bring back for consideration
of amortization.
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. Resolution 04-35, Amendment One –
The Council adopted Resolution 04-35 supporting Amendment One, the issue of
self-financing bonds that will be on the November ballot. A copy of Resolution 04-35 is incorporated into these minutes as
addendum pages.
7b. Resolution 04-36 – The Council
adopted Resolution 04-36 directing the Town Clerk to investigate the
sufficiency of Annexation Petition 04-09 and setting a public hearing for
7c. Fee Schedule Amendment – The Council adopted an amendment to the FY 2004-05 fee
schedule reducing the cost of certain variances and adding a fee for processing
zoning vested rights applications. A copy of the fee schedule is incorporated
into these minutes as an addendum page.
7d. Fund Balance
Amendment – The Council
adopted a budget amendment to appropriate FY 2003-04 fund balance for prior
year projects that were incomplete or unspent as of
7e. Budget Amendment,
$111,400 – The Council
adopted a budget amendment to appropriate $111,400 in retained earnings for
prior year projects that were incomplete or unspent as of
7f. Budget Amendment,
$200 – The Council
adopted an amendment to the FY 2004-05 budget in the amount of $200 to receive
donated funds from Gregory and Lois Wing for K-9 maintenance. A copy
of the budget amendment is incorporated into these minutes as an addendum page.
7g. Budget Amendment,
$7,500 – The Council
adopted an amendment to the FY 2004-05 budget in the amount of $7,500 to
allocate funds to cover the Gable Ridge flood study as approved by the Town
Council on
7h.
7i. Minutes – The Council approved minutes of the Council’s regular and
special meetings held on August 3, and
8a.
Ms. Bailey explained that the
developer is proposing to develop this property as part of an integrated center
that includes
Ms.
Bailey explained that the existing 1,600-square-foot home is proposed to be
remodeled to meet building code standards for an office use, while maintaining
a residential appearance on the exterior.
The parking space requirements of the UDO are being met, and because
there are no setback requirements for shared parking in an intergrated center,
parking spaces cross property lines.
The applicant, she added, has
requested a waiver of the curb and gutter requirements for the parking lot, and
staff is in support of this request. She
said the landscape requirements only apply to the newly added parking area, and
those requirements are being met. She
noted that the proposed ground sign may be ground lit.
Action
#1: The Council approved a motion to
recuse Councilman VanFossen due to his involvement in this development project.
Motion
By: Atwell
Second
By: Dickson
Vote: Unanimous.
At this
time, Ms. Sudano said that engineering staff recommends a fee-in-lieu of road
improvements be paid for this site in the amount of $12,761. She said that the developer is requesting a
waiver from the requirement for the payment-in-lieu or a reduction in the
payment-in-lieu amount to cover only sidewalk.
Short of that, the petitioner requests that the required payment-in-lieu
not be due and payable until the work on
Chet
VanFossen (who had been recused by the Council) is architect for the
project. He addressed the board to
explain what is being requested.
Mr. Doug
Ebner,
Councilman
Atwell said it has always bothered him that if a property owner is taking a
piece of property and improving it, the Town also requires widening of the
road.
Action #2: The Council approved
a motion to grant a waiver of the requirement for payment-in-lieu of road
improvements, reducing the amount of payment-in-lieu due on the project to the
cost of sidewalk only (dedication of roadway right of way will still be
required).
Motion
By: Atwell
Second
By: Dickson
Vote: Unanimous
Action #3: Having omitted the
need for Condition No. 5a., the Council approved a
motion to approve Development Plan #04-DP-02 for
1. Prior to a
certificate of occupancy, a plat must be submitted to and approved by the Town
of Holly Springs and recorded with the Wake County Register of Deeds creating a
joint access and parking easement between this parcel and
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.
The parking requirement shall be evaluated with each proposed change of
use. The parking area requirement is
therefore subject to increase with any future change in use.
4.
Owner should be aware that a drainage problem exists at this location,
per previous drainage complaints.
Motion
By: Atwell
Second
By: Dickson
Vote: Unanimous
Action
#3: The Council approved a motion to
readmit Councilman VanFossen into the meeting.
Motion
By: Atwell
Second
By: Womble
Vote: Unanimous.
8b. Ridgeston
Townhomes, 02-MAS-07 – Ms. Bailey
said that according to the Unified Development Ordinance (UDO), Section 1.15,
E. and Section 1.15, F., special use permits and preliminary plans approved
prior to the UDO must commence development with eighteen (18) months of the
effective date of the UDO, or be deemed null and void. She said that Mr. Spaulding, P.E., of
Ms.
Bailey explained to the Town Council, according to UDO Section 9.05, B., 4. d.,
(3), the town is allowed to grant extensions to the expiration date assigned to
approved preliminary plans in six (6) month increments not to exceed two (2)
years in total. She said that extending
the expiration of this development would modify its previously extended
expiration date of
Action: The Council approved
a motion to extend the expiration date for preliminary plan #02-MAS-07 for
Ridgeston Townhomes from
Motion
By: Atwell
Second
By: Womble
Vote: The motion carried following a 3-1 vote. Councilmen Atwell, Womble and VanFossen voted
for the motion. Councilman Dickson voted
against.
8c.
Ms.
Bobber said that the GMTF is now meeting each November to discuss each
community’s status in moving toward implementing the goals of the plan. The next meeting date has not been scheduled;
however, staff has been notified that it will be some time in November.
Ms. Bobber said the request before
the Council is to appoint three Councilmen to serve on the Wake County Growth Management
Task Force. In the past, the membership
from
Action: The Council appointed Councilmen Pearson,
VanFossen and Dickson to serve on the Wake County Growth Management Task
Force.
Action:
The Council approved a motion to appoint Libby Wilhelmson to the Parks and
Recreation Advisory Committee to fulfill a term expiring
Motion
By: Womble
Second
By: Dickson
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: None.
10. Other
Business: None.
11. Manager’s Report: Mr. Dean reported that the paving of
At this time, Councilman Womble
asked a few questions. He asked who is
responsible for the maintenance of the clothing closet property. It was explained that the property is leased,
so maintenance responsibility would fall to the leasor.
He asked if the Town was responsible
for maintenance of sidewalks around the
He asked if the Town would consider
leasing the fire station building on
12. Closed Session: The Council approved a motion to enter into Closed Session,
pursuant
to G.S. 143-318.11(a) (1) for the purpose to receive
information that is confidential pursuant to the Bio-terrorism Act passed by
the U.S. Congress in June 2002 and pursuant to G.S. 143-318.11(a)(3) to consult
with the Town Attorney under the client-attorney privilege regarding the
acquisition of property.
Motion By: Dickson
Second By: Womble
Vote: Unanimous
General Account of Closed Session –
In Closed Session, the Town Council received information about the
Town’s recent project to identify certain vulnerabilities to terrorism and
vandalism. The report is confidential
and has been filed with State and Federal agencies as required by the 2002
Bio-terrorism Act.
The Council directed the Town Attorney in a matter of right-of-way
acquisition from Ms. Delores Wilson.
-- End General Account
The Council approved a motion to return to Open Session by
Councilman Atwell and seconded by Dickson and the vote was unanimous.
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.