Town of Holly Springs
Board of Commissioners Regular
Meeting
Tuesday, June 4, 2002
MINUTES
The Holly
Springs Town Board of Commissioners met in regular session on Tuesday, June 4,
2002 in the cafeteria of the W. E. Hunt Community Center, located at 301
Stinson Ave. Mayor Dick Sears presided,
calling the meeting to order at 7 p.m.
A quorum was established as the mayor and all five board members were
present as the meeting opened.
Board
Members Present: Commissioners Steve Tedder, John Schifano,
Chet VanFossen, Peter Atwell, and Hank Dickson and Mayor Sears.
Board
Members Absent:
None.
Staff Members
Present: Carl G.
Dean, town manager; Chuck Simmons, assistant town manager; Ernest C. Pearson,
town attorney; Joni Powell, town clerk (recording the minutes); Linda Harper,
deputy town clerk; Gina Bobber, planning director; Drew Holland, finance director;
Len Bradley, director of parks and recreation; Kendra Thompson, town engineer;
Stephanie Sudano, director of engineering; Luncie McNeil, director of public
works; Cecil Parker, chief of public safety; Alysia Bailey, town planner; and
Jennifer Mizelle, director of economic development.
2 and 3.
The pledge of allegiance was recited, and the meeting opened with an
invocation by Rev. Gary Allred, pastor of the Sunrise Methodist Church.
4. Agenda Adjustment - The June 4, 2002 meeting agenda
was adopted with changes, if any, as listed below.
Motion By: Atwell
Second By: Dickson
Vote: Unanimous.
Items Added to Agenda: None
Consent Agenda Items Removed:
Items 6a, 6e. and 6f.
Other Changes: That items
6a., 6e., and 6f. were to be heard before item 7. Unfinished Business.
At this time, the Mayor recognized
Mr. Bill Pinkus, who reported on the sale of the Children’s Miracle Network
house in Holly Glen. A check for
$110,000 was presented to The Duke’s Children Miracle Network. He said he hopes to make this an annual
fund-raising project.
The Town Board applauded the efforts
of Mr. Pinkus and his company’s efforts.
No Action.
5. Public Hearing: New Town Hall Finance
Proposal Resolution 02‑R‑18 ‑ Mr. Holland explained that the resolution sets up a
framework in which the Town Board makes finding of fact as required by General
Statute and then authorizes the filing of an application to the Local
Government Commission for approval of a financing agreement for the
construction of the new town hall. Mr.
Holland said first, a public hearing should be held to give citizens an
opportunity to comment on the proposed financing of an amount not to exceed
$3.8 million for the project.
With that explanation completed, Mayor
Sears opened the public hearing to accept public comments. The following comments were received: None.
There
being no comments, the public hearing was closed.
Action: The Board approved a motion to adopt
Resolution 02‑R‑18 authorizing the filing of an application with
the Local Government Commission for approval of a financing agreement
authorized by North Carolina G.S. 160A-20.
Motion By: Atwell
Second By: Tedder
Vote: Unanimous
A copy of Resolution 02‑R‑18
are incorporated into these minutes as addendum pages.
Before action on the remaining items on the Consent
Agenda, there was discussion about item No. 6h. Commissioner Schifano asked how the Town ascertained the history
of zoning actions.
Ms. Bobber explained that she took
the earliest known zoning map and then staff researched town minutes for
rezoning and annexation submittals to the town. Commissioner Schifano asked if staff had any problems finding the
information needed for the research.
Ms. Bobber said the older Town Board minutes did not give much
explanation on the petitions but enough to complete the research.
6a. Consent Agenda - All remaining items on the
Consent Agenda were approved following a motion by Commissioner Dickson, a
second by Commissioner Atwell and a unanimous vote. The following actions were affected:
6a. Removed at Agenda Adjustment.
6b. Budget Amendment, $80,000
‑ The Board adopted a budget amendment to the FY 2001‑02
budget in the amount of $80,000 to set up a Project Fund for Ballentine Street
right of way and design. A copy of
the budget amendment is incorporated into these minutes as addendum pages.
6c. Budget Amendment, $16,500
– The Board adopted a budget amendment to the FY 2001‑02 budget in the
amount of $16,500 to purchase a 2000 F‑350 truck for the Parks and
Recreation Department. A copy of
the budget amendment is incorporated into these minutes as an addendum page.
6d. Ballentine Street Temporary
Street Closing – The Board approved authorization for the Chief of Public
Safety to order temporary closing of a portion of Ballentine Street for the
duration of the construction of the new Town Hall.
6e. Removed at Agenda Adjustment.
6f. Removed at Agenda Adjustment.
6g. Minutes ‑ Minutes
of the Board’s budget workshop held on May 13, 2002 were approved.
6h. Town Official Zoning Map ‑ The Board ratified the current Town
of Holly Springs Official Zoning map, per recommendation of the Planning Board
and staff.
At this time, the Mayor proposed
that the Town Board take up the items that were removed from the Consent
Agenda.
6a. Late Fee Policy Statement P‑014 ‑ Commissioner Dickson said he asked that this item be
removed from the Consent Agenda because he intended to voted against it. He said he did not want to adopt a policy
that would reward bad behavior.
Mr. Holland explained that the
policy was devised, using that of Tarboro as a guide. The policy allows the Town’s finance director and designees to
remove a late charge from a water bill customer who: requests it in writing and
who has not had a late payment within the last 12 months.
Action: The Board approved a
motion to adopt Policy Statement No. 014, authorizing Waiver of Late Fee on
Eligible Water Bills.
Motion By: Schifano
Second By: Tedder
Vote: The motion carried,
5-1. Commissioner Dickson voted
against.
A copy of Town policy statement P‑014
is incorporated into these minutes as addendum pages.
6e.
Braxton Village, Phase 5 & 6, 02‑MAS‑01 ‑ Ms. Bailey explained the minimum lot size for this portion
of the subdivision is 7,250 square feet.
The plan as submitted conforms to the standards set forth in the Town’s
Zoning Ordinance. There is a 20’ semi‑opaque
undisturbed buffer around the perimeter of the site, and as specified in the
PUD document and noted on the Preliminary Plans, the existing trees will be
preserved to serve as street trees and where existing trees cannot be used,
trees will be planted according to town standards.
Ms. Bailey said this phase has a
street stub from an existing phase, but will be required to provide secondary
access as discussed during the original PUD approval. There are plans in the review process that would allow for this,
but the Town cannot guarantee the schedule of the adjacent developments.
Ms. Bailey said staff and Planning
Board recommends to approve the Preliminary Plan 02‑MAS‑01 for
Braxton Village Phases 5 and 6, as submitted by Blackburn Consulting
Engineering, with the conditions.
Commissioner Atwell said the single
access into and out of Braxton Village off Avent Ferry Road concerned him.
Mrs. Sudano explained a staff
condition is that simultaneous development of neighboring subdivisions with
road connections that would provide inter-connectivity and internal
circulation.
Commissioner Atwell said he is still
concerned that Avent Ferry Road is being over-burdened with continual
residential development. He said he
wanted to go on record that he feels that another street, perhaps an east-west
collector be suggested to handle the additional traffic.
Mrs. Sudano said on the regional
Thoroughfare Plan submitted to CAMPO, the Town has identified an area that
should be considered as a north-south corridor, but it is a long-range future
plan.
Commissioner Schifano said he was concerned about
density. He suggested that the Town
keep in mind that a lot of property is included in total acreage that is not
useable property, including roadways, wetlands, open space. He said he would like to see both numbers
provided to the Town Board.
Commissioner Tedder and VanFossen
agreed.
Action: The Board approved a
motion to approve the Preliminary Plan 02‑MAS‑01 for Braxton
Village Phases 5 and 6, as submitted by Blackburn Consulting Engineering, with
the following conditions:
1. All open space fees must be paid
prior to final plat approval.
2. Construction drawing approval is
required before construction may begin.
3. The following items are to be
included on construction drawings (later in the approval process):
*
The development of this site is dependent on simultaneous construction of water
main and roadway on adjacent parcels to provide interconnectivity and
redundancy of transportation and utilities.
Plans for these connections should be submitted with the 1st submittal
of construction drawings
Motion By: Tedder
Second By: VanFossen
Vote: Unanimous
6f. Arbor Commons Subdivision, 02‑MAS‑06
– Ms. Bailey explained that this proposal is for the approval of a new
subdivision consisting of 10 single‑family residential lots with a
minimum lot size of 10,000 square feet.
The project site is located off of Commons Drive, adjacent to the Arbor
Creek PUD.
Ms. Bailey said that staff and the
Planning Board recommend approval of Major Subdivision Preliminary Plan #02‑MAS‑06
Arbor Commons, as submitted by Spaulding and Norris, Project Number 366‑02,
dated Revised 5/13/02 with conditions.
Commissioner Atwell said he wanted
to revive discussion of the Town’s sewer capacity and the Tischler study.
Commissioner Tedder said this 10-lot
project would probably not have a significant impact on the Town’s sewer
capacity.
Commissioner Schifano said he was
pleased that the project had 10,000 square foot lots.
Commissioner VanFossen pointed out
that approved master plans are a bit different than new submittals in this area
of concern. He said he felt the Town
Board should keep sewer capacity and density in mind for new submittals.
Commissioner Atwell suggested that
the Board meet prior to adoption of the UDO to consider amendments to the PUD
or Master Plan ordinances concerning total acreage calculations regarding
useable property, wetlands, roadways, etc.
Commissioner VanFossen agreed with
Commissioner Atwell that the Town should come up with some guidelines to
calculate total useable property.
Mr. Dean agreed with the Board. He said it would be helpful if staff knows
early in the plan review process exactly what the Board’s vision of quality
development is so that they can help developers bring to the Board plans that
would be acceptable.
Action: The Board approved a
motion to approve the major subdivision Preliminary Plan #02‑MAS‑06
Arbor Commons, as submitted by Spaulding and Norris, with the following
conditions:
1. A fee‑in‑lieu of park
land dedication at a rate of $800 per lot is required to be paid at time of
platting.
2. Construction drawings must be
submitted and approved prior to construction beginning.
3. The following items are to be
included on construction drawings (later in the approval process):
A. The following fees will
apply to this project:
* Fee‑in‑lieu
for downstream Middle Creek pump station upgrade
* Fee‑in‑lieu for Middle Creek outfall
*
Transportation fee‑in‑lieu for Middle Creek Bridge
Motion By: Atwell
Second By:
Tedder
Vote: Unanimous.
7. Bible Way Extension Right of Way – Mrs. Sudano explained to the Board
that several months ago, staff presented information on Bible Way and its
proposed connection from Wescott Subdivision to Optimist Farm Road. The Bible Way roadway and utility connection
is one that has been under discussion and anticipated for quite some time,
beginning several years ago with residents who live in the immediate vicinity
of, and on, Bible Way ‑ in connection with the planned Town‑funded
Fair Share Project.
Secondly, Mrs. Sudano said, the
topic arose again about a year and a half ago when the Town negotiated and
approved a developer agreement with an adjacent developer. The developer agreement included the
installation of a roadway and utility improvements along Bible Way as a
requirement of the subdivision development plan. The goal of the developer agreement was two-fold, Mrs. Sudano
said: to meet a need for utility
extensions in this area that had been identified during the planning of the
Fair Share Project, and to meet utility and transportation network needs for
the newly‑approved Town‑approved subdivision.
Mrs. Sudano explained that since
Board packets were distributed, two of the 10 subject property owners had come
forth and agreed to the proposed easement agreement along Bible Way Court,
including Ms.Mary Matthews who is planning to build in the future and one other
adjacent property owner.
Mrs. Sudano provided the following
history of this topic in Town Board agenda packets prior to the meeting:
1. The Bible Way roadway connection is a recommended transportation
improvement by Engineering, Public Safety, Public Works, Public Utility, and
Planning Directors. The connection
meets the Town's goals for interconnectivity of roadways and pedestrian
facilities, which is a consideration for every subdivision plan that is
approved by the Town. It also provides
critical public safety redundancy for transportation and utility (water)
connections. In addition, there is a
need for this roadway connection to be installed as early as possible to
provide a transportation connection to Optimist Farm Road, to relieve
additional traffic pressure that would otherwise occur on Sunset Lake Road as
new Town residents from this subdivision travel to nearby schools and other
facilities.
2.
The Town has already entered into a developer agreement with the
developer of the adjacent subdivision that fully funds the costs associate with
the water, sewer, and transportation improvements along Bible Way. The improvements would not require out‑of‑pocket
funding and budgeting from the Town.
3.
The installation of utilities and transportation improvements along
Bible Way is consistent with the original plan for the Fair Share project. Bible Way was, in fact, included in the
original Fair Share area targeted for water and sewer improvements by the
Town. It was removed from the Fair
Share project because funding was not available at that time.
4.
The Town Attorney has reviewed the condemnation that would be required
and confirmed that the Town has the authority to utilize condemnation for this
project.
5.
There are 10 property owners from which public right of way would be
necessary for improvements to occur. To
date, two of those property owners have dedicated the right of way. The property dedicated constitutes
approximately 20% of the frontage along Bible Way that is required.
6. A 120' private roadway
easement exists on all 10 properties, in the same approximate location of the
60’ public right of way and temporary construction easement that would be
required for this project.
7.
The Town has offered in the past to provide water and sewer connections
to the properties along the roadway under the same terms as the other
properties in the Fair Share area (waiving of connection fees in the estimated
amount of $6000 to $8000 per property).
8. The Town staff and the developer
have verbally committed to work with the residents to make any adjustments
possible to address concerns of the two residents currently living along Bible
Way.
9. Roadway and utility improvements
along Bible Way will open up significant and strategic undeveloped and
unincorporated properties to the north and east for possible incorporation into
the Town limits at a future date.
10. Approximately one and one‑half
years ago, the Town spent in the neighborhood of $40,000 on a Fair Share change
order to extend a waterline from the Fair Share project eastward to stub out to
Bible Way in anticipation of the Bible Way waterline connection.
11. History of Right of Way
Acquisition:
a. by
the Town:
i. Initial
letter to enter properties for surveying
9/2000
ii. Town’s
subcontractor‑initiated acquisition 8/2001
iii. Town’s
subcontractor reported 5 no’s, 1 yes, 2 no response’s, and 2 unable to contact
– in 9/2001
b. by the developer:
i. See
attached chronology outlined in 2/5/2002 letter titled “Sunset Ransdell
Ventures LLC” (notes added by staff for clarifications, and a copy of the
original developer agreement is attached for your reference)
ii. Subsequent
to the 2/5/2002 letter, the developer has sent certified letters (see
attachments) to the adjacent landowners, and met last week with the one who
responded to the letter. At this
meeting, I was present as the Town’s representative, and two additional
landowners were present. This meeting
did not result in additional ROW acquisitions.
However, one of the commissioners has requested that I list the items of
concern that were discussed, along with any actions that can be taken in an
attempt to address them, in this report for consideration:
1. speeds – if the roadway qualifies with Town standards,
speed control tables could be added;
2. traffic – roadway
can be signed for “No Trucks”, and could be kept closed until after some
portion of construction is completed (the developer is concerned about having
this requirement established);
3. roadway name – developer could be asked to maintain the
name Bible Way;
4. privacy – tree
clearing could be minimized as much as possible during construction
5. aesthetics –
street will be paved and curb and guttered (31’ back to back) with sidewalk on
one side;
6. Wescott Subdivision signage – developer agrees not to
install subdivision signage at Optimist Farm Road intersection with Bible Way.
7. No though
trucks. (No construction trucks).
Mrs. Sudano requested the
authorization to proceed with condemnation of public right of way along the
proposed Bible Way extension.
At this time, the Mayor yielded the
floor to residents of Bible Way who have concerns.
Donald C. O’Neal of 4121 Bible
Way Ct – Mr. O’Neal pointed out to the Board that only a few people
actually live on Bible Way. He
questioned how the Town could take a private roadway and make it public,
especially when the property is not within the jurisdiction of the Town. He said he is concerned because he is happy
with the way it is. Also, his
livelihood depends on dump trucks, and he feels the “No Through Trucks” would
prevent him from being able to drive his truck home.
Mr. O’Neal said he speaks for
residents who live there and feels Bible Way will become a heavily-traveled
road, to which they are opposed. He
added that he does not relish having to connect to Town utility services, due
to the expense.
Mr. Pearson, Town Attorney –
Mr. Pearson addressed some of Mr. O’Neal’s questions. He explained that law provides for the condemnation by a
municipality of any property for a public purpose, regardless in what jurisdiction
the land is located. He explained that
the Town could acquire the right of way because a roadway is a public
purpose. He explained that the formula
questions are: is the right of way for the use of the public and does the
public benefit from it. Legally, he
said, this would be an appropriate taking.
Personal issues faced by individual property owners would be a policy
matter, he added.
William Jones, 4148 Bible Way Ct.
– Mr. Jones pointed out that past minutes of the Town Board (dated September
2001) state that the Board approved a motion for water lines only to be
installed along Bible Way and that other improvements would not be done. He feels the Town is taking his right of way
and his rural way of life. He added
that he feels it is not fair that the Board can change its mind. He feels property owners in this area are
being abused.
Addressing Mr. O’Neal’s concerns,
Commissioner VanFossen asked about the “No Trucks” signs that were mentioned in
the topic history.
Mrs. Sudano said “No Through-Trucks,”
are actually being recommended, and that the signs would be erected only on
Bible Way so as to protect residents there from heavy construction
traffic. Mr. O’Neal, she said, would
not be prohibited since his traffic is local to Bible Way.
Commissioner VanFossen asked about
who would maintain Bible Way Court.
Mrs. Sudano said the Town would be responsible for maintenance.
In addressing the issue of the
Board’s September action, Mrs. Sudano said that, after that meeting, a desire
was stated to continue pursuit of right of way by one of the property owners on
Bible Way.
Commissioner Atwell clarified that,
in September, he was coming from a water supply standpoint when the Board took
action. He said he voted to extend the
water lines along Bible Way but to not require the residents to hook on to the
service.
Mr. O’Neal said he did not want town
water.
Commissioner Dickson, Mrs. Sudano
and Mr. Pearson assured Mr. Jones that outside the town limits, he would not be
forced to connect to services. Only
upon a request for voluntary annexation, would a property owner be required to
connect.
Mrs. Sudano added that the use of
ductile iron pipe would eliminate the need for residents along Bible Way to
abandon their private wells because of their proximity to the sewer line. Also, she added, the sewer line could be
pushed to other side of roadway so that the residents would not have to worry
about well problems. She said another
option is that the Town could move the wells at the Town’s expense.
Mayor Sears explained to citizens
present that things have to be done for the good of the Town and that some of
these things may negatively impact some property owners. He said he, the Board and staff want to see
how much the Town can do to help make sure the Town does the best it can with
as little impact as possible.
Patricia Jones, 229 Mendenhall
Drive, Winston-Salem, NC, property owner
– Mrs. Jones asked again about the September action.
Commissioner Schifano said he was
troubled by the decision, but that this kind of thing is what towns do: from time to time, (towns) take private
property to build public infrastructure.
Mrs. Jones asked the Board to please
reconsider the condemning of right of way along Bible Way Court.
Mayor Sears said that the Board
tries to listen to the public’s concerns and think about what could be done to
minimize the impact, but that a decision has to be made. As the town grows, he said, a lot more of
this will occur.
Chief Parker addressed public safety
issues raised by the residents. He said
that the Holly Springs Department of Public Safety would patrol the public
areas (roadway) of Bible Court to include speed violations. He added, however, the dispatch for fire and
rescue would remain as it was (Wake County response) currently for that area
until a property owner chooses to request annexation.
Mayor Sears asked the citizens
present and who lived on Bible Way Court what would it take to make them
comfortable with the Town’s proposal.
One of the residents replied to
relocate the connecting road somewhere else.
This option, Mrs. Sudano said, has not been pursued simply because the
existing roadbed is in place.
Another
suggestion was regulations to prohibit through-trucks on Bible Way.
Action #1: The Board approved
a motion to authorize staff to proceed with condemnation of public right of way
along the proposed Bible Way extension.
Motion By: Schifano
Second By: Dickson
Vote: Unanimous
Commissioner Schifano suggested that
a new motion be floored to include addendums suggested by Commissioner
Tedder. Commissioner Tedder suggested
that the Town not install “No Trucks” signs because it is not an issue. He then listed conditions he recommended be
added to the motion.
Action #2: The Board approved
a motion to rescind and reconsider Commissioner Schifano’s original motion and
the resulting vote so that an alternate motion could be considered.
Motion By: Schifano
Second By: Dickson
Vote: Unanimous
Action #3: The Board approved
a motion to authorize staff to proceed with condemnation of public right of way
along the proposed Bible Way extension with the following conditions: that no
truck restrictions be placed on Bible Way; that existing resident property owners
are to be assured they will not be compelled to connect to the Town water and
sewer services as long as they are located outside the Town limits; that if
existing resident property owners who have wells are compelled to connect to
Town utility services in the future following voluntary or forced annexation,
the Town will waive all utility connection fees (for Mr. Donald O’Neal at 4121
Bible Way Ct. and Mr. William Jones at 4148 Bible Way Ct.); if, during
construction of the infrastructure, the need for well abandonment is
determined, then the developer will bear the cost of installing ductile iron
pipe or relocating the line to the opposite side of Bible Way or the Town the
cost of relocating one or both of the existing wells, whichever option is mutually
better for the Town and the residents.
Motion
By: Tedder
Second By: Atwell
Vote: Unanimous
Mayor Sears then suggested that a
meeting be held with the two residents who live on Bible Way so that this
project proceeds with as little negative impact to the residents as possible.
8a. Town
Hall Bid Summary Acknowledgment ‑ Mr. Simmons
addressed the Board with a summary of bid openings for construction of the new
Holly Springs Town Hall facility. Mr.
Simmons said there were 12 contractors from across the state who indicated
interest the project.
It appears, he reported, that the
low bidder is Duke Construction Company of Morrisville. Mr. Simmons said that references would be
researched before staff makes a recommendation of award of the construction bid
at a future Town Board meeting.
No action taken.
8b. FY 2002‑03 Budget Ordinance 02‑07
and 02‑08 -
Mr. Dean presented the budget ordinance for the FY 2002‑03 for the
Board’s consideration. This budget
takes into account the comments received at the Board’s budget work session and
at the budget public hearing held on May 21.
Action#1: The Board approved
a motion to adopt Ordinance 02‑07, the budget ordinance adopting the FY
2002‑03 operating budget.
Motion By: Atwell
Second By: VanFossen
Vote: Unanimous
A copy of Ordinance 02-07 is
incorporated into these minutes as addendum pages.
Action#2: The Board approved
a motion to adopt Ordinance 02‑08, an ordinance setting utility rates and
fees for the 2002-03 fiscal year.
Motion By: Atwell
Second By: Dickson
Vote: Unanimous
A copy of Ordinance 02-08 is
incorporated into these minutes as addendum pages
8c. Dog Park Property Leasing ‑ Mr. Bradley addressed the Board pointing out that the
Parks and Recreation Advisory Committee recommended adoption of the Jones Park
Master Plan without inclusion of a dog park, but also that the Town investigate
possible properties and possible joint ventures for an off-leash dog park in
some other location.
Mr. Bradley explained that a few
weeks ago, the Town was approached by the Moravian Church with a verbal
proposal that the Town lease a portion of the church property located on Holly
Springs Road for use as soccer fields.
Mr. Bradley said he made a
inspection of the site and then called the Moravian Church representative back
to ask if it would be possible to also use some of the space for a dog
park. Mr. Bradley said that since it
would be temporary, it might be a good location to have a pilot program dog
park. Estimated cost of the dog park
would be about $20,000, Mr. Bradley said, for the one- to two-acre site.
Mr. Bradley asked the Board if leasing the Moravian
Church property would be an option or does the Town need to look for other
options.
Board members agreed that they would
prefer another location, and they stressed that financial participation by
private groups and/or individuals was desirable.
Mayor Sears suggested that the Town
look for a couple of other locations, including acres located in existing
parks; that funding sources be identified; and that a report be made to the
Board within 60-90 days (by the first meeting in September) for further
discussion and possible action.
No action was taken.
8d. Hazard Mitigation Plan
‑ Mrs. Thompson said that as a result of Senate Bill 300, the
State is requiring that local governments have an approved Hazard Mitigation
Plan in place in order to receive State disaster relief funds ‑ after
August 1, 2002 ‑ for any
State-declared disaster. Wake County took the initiative to design a county
wide plan in conjunction with the municipalities in Wake County, Mrs. Thompson
said. Each individual town will adopt
the county plan and add the required additional town‑specific items, she
added.
The Wooten Company was awarded the
contract for Wake County's plan and has provided each of the municipalities
with a proposal to complete the two required town‑specific components of
the plan. Mrs. Thompson said the plan
is due in August, so work needs to begin now to meet the submittal deadlines.
Action: The Board approved a
motion to enter an agreement with The Wooten Company to complete the Town’s
portion of the Wake County Hazard Mitigation Plan.
Motion By: Tedder
Second By: Atwell
Vote: Unanimous
A copy of the agreement with The
Wooten Company is incorporated into these minutes as addendum pages.
8e. Cedar Queen Development, LLC, Developer
Agreement Amendment
‑ Mrs. Sudano said last fall the Town Board approved a developer
agreement with Cedar Queen Development LLC.
The agreement was to secure sewer and water capacity in exchange for
posting of a Letter of Credit for the value of all water and sewer capacity
fees. One condition outlined in the
agreement was that the LOC must be posted on or before June 2, 2002. Mrs. Sudano said that she had spoke with the
developer and received a letter requesting for an extension of that date.
Action: The Board approved a
motion to amend the original approved Developer’s Agreement with Cedar Queen
Development, LLC to extend submittal date of the Letter of Credit until
December 2, 2002.
Motion By: Schifano
Second By: Atwell
Vote: Unanimous
8f.
Sunset Ridge Flood Study Addendum to The Rose Group Contract – Mrs. Sudano explained to the
Board that the preliminary results from the Sunset Ridge Flood Study approved
by the Town Board last winter indicate the need for additional field work to
confirm the viability of one of the alternatives investigated for reducing
downstream flooding. Mrs. Sudano said
the proposal is for additional funding in the amount of $3,000 to cover those
additional services for field surveying.
Mrs. Sudano said that once the
proposal is approved, the consultant has committed to having a final report and
recommendations in July.
Action: The Board approved a
motion to approve an addendum to the professional services contract with the
Rose Group in the amount of $3,000.00 to cover additional services.
Motion By: Tedder
Second By: Schifano
Vote: Unanimous
A copy of the addendum to The Rose
Group contract for professional services is 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
Board on any variety of topics not listed on the night’s agenda. The following citizens were heard:
Kathryn Sheldon, 204 Texanna Way,
- Mrs. Sheldon said that she was
concern with the completion of her phase in Braxton Village. Mrs. Sheldon said that she has had problems
with the construction workers stealing water and electricity from her and her
neighbors and the abandoned equipment that was being stored on a vacant lot.
Kyle Kornbauw of 204 Texanna Way –
Mr. Kornbauw said his concern is that Phases 5 and 6 were just approved by the
Town and the current phase is not yet completed. He said he is concerned about the undevelopment of roads and
infrastructure at this point. He also
noted the abandoned construction equipment.
Mayor Sears asked Town staff to
investigate the storage of the disabled equipment and that the chief of public
safety send the appropriate letters to the developer and/or builders advising
them that theft of a utility is a misdemeanor and will be prosecuted.
10. Other Business - The Board approved a motion to
excuse Commissioner Peter Atwell from attending the next three Town Board
meetings (June 18, July 2 and July 16, 2002).
Motion By: Schifano
Second By: VanFossen
Vote: Unanimous
11. Manager’s Reports - Mr. Dean reported that the road
resurfacing program is underway; that the bandshell and picnic shelter at
Womble Park will be completed by the end of June; and he encouraged Board
Members to attend Town Hall Day June 11, 2002 in Raleigh.
12. Closed Session - None.
13. Adjournment - There being no further business for the evening,
the June 4, 2002 meeting of the Holly Springs Board of Commissioners was
adjourned following a motion by Commissioner Schifano, a second by Commissioner
Atwell and a unanimous vote.
Respectfully
Submitted on Tuesday, July 2, 2002.
____________________
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Joni
Powell, CMC, Town Clerk
Addendum
pages as referenced in these minutes follow and are a part of the official
record.