Holly Springs Town Council

Regular Meeting

August 16, 2005

 

 

 

 

MINUTES

 

 

The Holly Springs Town Council met in regular session on Tuesday, August 16, 2005, in the Council Chambers of Holly Springs Town Hall, 128 S. Main Street.  Mayor Dick Sears presided, calling the meeting to order at 7:00 p.m.  A quorum was established as the mayor and all five council members were present as the meeting opened.  (Councilmen Pearson and Atwell arrived at about 7:04 p.m.) 

 

Council Members Present:  Councilmen Parrish Womble, Ernie Pearson, Peter Atwell, Chet VanFossen and Hank Dickson, and Mayor Sears.

 

Council Members Absent:  None.

 

Others Present: Holly Springs Planning Board members Joe Fanjoy, Trip Belote, Raymond Cordon, Lisa Martin, Vinnie DeBenedetto and Joe Signoretti.  A quorum of the Planning Board was present.

 

Staff Members Present: Carl Dean, town manager; Chuck Simmons, assistant town manager; John Schifano, town attorney; Joni Powell, town clerk (recording the minutes); Gina Bobber, director of planning and zoning; Scott Hammerbacher, planner; Jeff Jones, planner II; Kendra Stephenson, senior engineer; Stephanie Sudano, director of engineering; Elizabeth Goodson, development review engineer; Adam Lindsay, project analyst; Cecil Parker, chief of public safety; and Drew Holland, finance director.

 

2 and 3.  The Pledge of Allegiance was recited, and the meeting opened with an invocation by Rev. Lewis Gentry.

 

4.  Agenda Adjustment:   The August 16, 2005 meeting agenda was adopted with changes, if any, as listed below.                                   

            Motion By: Dickson

            Second By:  Atwell

Vote: Unanimous

            Items Added to the Agenda:  Item 6h., approval of a change order to the construction contract for Eisenhower Drive, was added to the Consent Agenda.

            Consent Agenda Items Removed:  None.

            Other Changes:  None.

 

5a.  Public Hearing:  Main Street Square, 05-PUD-01 – Mr. Jones said the Town has received an application for a Planned Unit Development, to be called Main Street Square, that proposes 36.76 acres of mixed-use development to include single-family residential, multi-family residential, and commercial and office uses. 

He said the plan would dedicate 16.60 acres for open space.  The maximum number of units would be 354 with a net density of 9.7 units per acre.  The minimum lot size would be 880 square feet. 

            With that explanation completed, Mayor Sears opened the public hearing to accept input.  The following comments were recorded:

            Kenneth Nelson, 200 Somerset Farm Drive – Mr. Nelson said he is not opposed to the proposal, but he has questions.  He asked how many people would live in the development.  Mr. Jones said there would be a maximum of 354 units.

            He said he did not like the way Thompson Contracting, the contractor for the Hwy. 55 widening project, treated residents of Somerset Farm.  He said he realized it was not a town project, but he wanted to be on the record as having lodged a complaint.

            Katharine Hagan, 108 Barbwire Circle – Ms. Hagan asked if a sidewalk was planned for the area of Tuscany Way.  Mr. Jones said there would, at a minimum, be a pedestrian access (possibly vehicular), in the area of Tuscany Way.

Jason Miller, 308 Fairglen Road – Mr. Miller asked what would be done with the creek that runs behind Somerset Farms.  Ms. Sudano said a drainage study would be required for the development.

Andrew Lohman, 104 Tuscany Way – Mr. Lohman asked that Tuscany Way be left as a pedestrian access.  He added that beaver dam construction on the creek will need to be considered when the drainage study is performed.

Tim Gentry, 108 Fairglen Road – Mr. Gentry asked about a manhole in his backyard.  Ms. Sudano asked for his name and phone number in order to provide more information.

Tony Sease  -- Mr. Sease spoke on behalf of the applicant, Boylan Development.  He said he would be happy to answer any questions that residents may have about the proposal.  He also complimented staff for professionalism and their assistance.

            There being no further comments, the public hearing was closed.

Action:  The Council approved a motion to forward PUD application #05-PUD-01 for Mains Street Square to the Planning Board for review and recommendation.

            Motion By:  Atwell

            Second By:  Dickson

            Vote:  Unanimous

 

5b.  Public Hearing:  04-SEU-06, Cingular Wireless Communications -  Mr. Hammerbacher reported that the Town had received special exception use petition 04-SEU-06 for Cingular Wireless Communications to allow a 195-foot tall monopole telecommunications tower on a 10,000-square-foot leased area of the General Concrete site, which is approximately 3.01 acres in size.

Mr. Hammerbacher said that approximately 5,200 square feet of the 10,000-square-foot leased area is intended to be developed.  He said the area to be developed would be screened with an eight-foot-tall wooden fence and an A-20 (open) buffer.  The communication facility is to be accessed from an access easement, which extends from the General Concrete parking area through the outdoor storage area to the Cingular Wireless leased area.

            Mr. Hammerbacher reported that staff and the Planning Board recommends approval of the application with conditions.  He noted that the General Concrete site is not in full compliance with the conditions of its existing Special Use Permit.

            Councilman Atwell asked if Cinglular Wireless had investigated co-location of its antenna on the town’s water tower.

            Mr. Hammerbacher said the applicant advises that the town’s water tower on Avent Ferry Road was not suited to meeting his company’s needs.

With that explanation completed, Mayor Sears opened the public hearing to accept sworn testimony and qualified evidence.  Speakers spoke under oath administered by the Town Clerk.  The following testimony was recorded:  None

M. Gray Styers Jr., Hillsborough Street, Raleigh -- Mr. Styers presented into the record a notebook containing a radio frequency justification report and propagation study; the SEU application; a project narrative and statement of compliance with the Town’s UDO; site plans, photo simulations; and a FCC compliance statement and emissions report that address the findings of fact.

Inside the radio frequency justification report, illustrations demonstrate how the General Concrete site would meet his company’s needs where the town’s water tower would not.

Councilman VanFossen asked why the stealth antenna was not being used.

Mr. Styers said the type of antenna selected is ideal for his client’s needs.

In response to a question from Councilman Atwell, Mr. Styers said other cellular companies would not be prohibited from co-locating on the Cingular tower.

There being no further comments, the public hearing was closed.

            Mr. Hammerbacher said that the Council, in finding facts on the application, should stipulate that the findings could be made only upon the full compliance of the General Concrete site with its existing Special Use Permit.  He said the SUP conditions required landscaping and fencing, which are not in place at this time.

            Mr. Hammerbacher said staff’s recommended conditions on the motion would provide that the approval be conditioned upon full compliance of the General Concrete site prior to issuance of a building permit.

            Mayor Sears reopened the public hearing so that Mr. Styers could address the Council.

            Mr. Styers said the approval of the tower would provide incentives and opportunities to address some of the issues between General Concrete and the Town.

            Mr. Schifano explained that he had amended the language of the findings to include the words, “upon compliance with all existing Special Use Conditions” for the first three findings.  He said if the Council were to make these findings and then condition the certificate of occupancy upon full compliance, the town would be protected adequately.

            Councilman Atwell said the conditioned approval would encourage compliance, but so would denial of the request.

            Mayor Sears then closed the public hearing.

Action #1:  The Council approved a motion to make and accept the following findings of fact to – to include the requirement that the General Concrete site is brought into compliance with its approved Special Use Permit -- to be recorded in the minutes by the Town Clerk for Special Exception Use Petition #04-SEU-06 for Special Exception Use Petition #04-SEU-06 for Cingular Wireless to allow a Wireless Communications facility as submitted by Cingular Wireless Inc., project number 1000-077, date revised June 30, 2005. 

a.      Upon compliance with all existing Special Use Conditions, the proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare;

b.      Upon compliance with all existing Special Use Conditions, the proposed use will not injure or adversely affect the adjacent area;

c.      Upon compliance with all existing Special Use Conditions, the proposed use will be consistent with the character of the district, land uses authorized therein, and the Town of Holly Springs Comprehensive Plan;

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:  Pearson

Second By:  Womble

In discussion, Councilman Atwell said he did not want to see a proliferation of cellular towers on the Holly Springs landscape.  He would prefer co-location.

Councilman Pearson said he would think the tower’s being located in the industrial park would be an appropriate.

Vote:  The motion carried following a 4-1 vote.  Councilmen Pearson, Womble, VanFossen and Dickson voted for the motion.  Councilman Atwell voted against.

A copy of the Cingular Wireless Communications petition 04-SEU-06 and other materials entered into the record by the applicant addressing the findings of facts are incorporated into these minutes as addendum pages.

 

            Action #2:  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 #04-SEU-06 for Cingular Wireless as submitted by M. Gray Styers on behalf of Cingular Wireless Inc., project number 1000-077, date revised June 30, 2005, with the following conditions:

  1. The northern fence of the General Concrete storage area shall be installed with the approved fencing, gate and landscaping prior to the issuance of a certificate of occupancy for the Cingular Wireless site.
  2. A UDO permit for sign installation in addition to all other applicable permits will need to be secured prior to any sign installation (temporary or permanent).
  3. Prior to the issuance of any permits for this tower, all outstanding site improvements as required by Town Council for Special Use Permit #02-SUP-05 must be completed.
  4. All Soil and Erosion Control concerns for this site are to remain in compliance with this project.

Motion by:  Womble

Second By:  VanFossen

Vote:  The motion carried following a 4-1 vote.  Councilmen Pearson, Womble, VanFossen and Dickson voted for the motion.  Councilman Atwell voted against.

 

5c.  Public Hearing:  05-REZ-11, 128 Raleigh Street -  Mr. Jones said the Town has received a petition requesting the Town rezone .65 acres located at 128 Raleigh Street from R-10: Residential to LB: Local Business.  

Mr. Jones reported that the request is in conformance with the Land Use Element of the Comprehensive Growth Plan, which designates this area for mixed-use development.  He added that this is the third rezoning request for a single-family residence on Raleigh Street.  The previous requests, he said, were approved by the Council and now businesses are located on the properties.

            Mr. Jones said that staff and the planning board recommend approval of the rezoning request.

            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 Zone Map Change Petition #05-REZ-11 to change the zoning of Wake County PIN #: 0649.16-92-8923 from R-10: Residential to LB: Local Business as submitted by Shirley McGee.

Motion by:  Womble

Second By:  Atwell

Vote:  Unanimous

 

5d.  Public Hearing:  Growth Plan Amendment 05-GPA-02 and Rezoning Petition 05-REZ -12  - Mr. Jones said the Town has received a request to rezone 9+/- acres located near the intersection of South Main Street and Hwy. 55 Bypass from R-20: Residential to R-MF-8: Residential Multi-family.  He said the property is located within the town limits and partly in the ETJ.

Mr. Jones said the proposed zoning request is not in conformance with the Land Use Element of the Comprehensive Growth Plan, which designates this area for medium-density residential development; therefore, the applicant is seeking a growth plan amendment to change the designation to very high density.

He explained to the Council that the adjacent Stephens property has a very high density designation, and he added that staff feels the proximity of this property to adjacent properties makes the applicant’s a valid request.

Mr. Jones reported that the planning board has reviewed the petition and recommends approval of both the request for a growth plan amendment and the zone map change. He also reported that the planning board had discussed how the site would be accessed.  He said once the Stephens property is developed, the Powell property would no longer be land-locked.

With that explanation completed, Mayor Sears opened the public hearing to accept input.  The following comments were recorded:

Harry Mitchell, Bass, Kennedy and Nixon – Mr. Mitchell spoke on behalf of the property owner.  He said plans are to develop the Powell property in conjunction with the Stephens property, and the owner is requesting a zoning classification similar to that of the Stephens property.

Marjorie Minor, 6217 Oliver Creek Parkway – Ms. Minor proposed that the property

remain R-20.

            There being no further comments, the public hearing was closed.

            Councilman VanFossen said his concern was the tip of the arrow-shaped portion of the parcel and the possibility that the developer would place multi-family units in that location amidst adjacent single-family homes.

            Mr. Jones said staff had examined this possibility as well.  He said the point, by nature of its shape, would be rendered un-developable because of UDO regulations such as setback requirements and buffers.  The point would most probably remain undeveloped, he said.

            Mr. Mitchell agreed that it would be difficult to put any units in the tip of the parcel.

            Councilman Pearson pointed out that this concern would best be addressed at the site plan review stage, rather than at the zoning stage.

            Lori Stokes, on the behalf of property owner Mary Lee Johnson – Ms. Stokes asked about the confusion that exists over an abandoned railroad easement.  She also asked if access to the Powell property would be through Mrs. Johnson’s property.

            Staff advised that access could not be through Mrs. Johnson’s property unless Mrs. Johnson were to make that kind of agreement with the Powell tract property owners.  Access, the applicant has said, would be via the Stephens property as it is developed.

            As to the property line confusion brought on by the abandoned railroad easement, Councilman Pearson advised that Mrs. Johnson should be entitled to the railroad easement on her side of a centerline, and the owner of the Powell tract should be entitled to the railroad easement on his side of a centerline.

            Action #1:  The Council approved a motion to approve Growth Plan Amendment #05-GPA-02 to change the land use designation of Wake County Pin #'s 0648.08-89-7470 and 0648.08-88-6778 from medium-density to very high density as submitted by Harry Mitchell of Bass, Nixon, and Kennedy.

Motion by:  Womble

Second By:  VanFossen

Vote:  Unanimous

 

Action #2:  The Council approved a motion to approve Zoning Petition #05-REZ-12 to change the zoning of Wake County PIN #’s 0648.08-89-7470 and 0648.08-88-6778 from R-20: Residential to R-MF-8: Multi-Family District as submitted by Harry Mitchell of Bass, Nixon and Kennedy.

Motion by:  Womble

Second By:  Atwell

Vote:  Unanimous

 

5e.  Public Hearing:  Rezoning Petition 05-REZ-13 - Mr. Jones said the Town has received a petition requesting the rezoning of 55.95 acres located east of the existing Somerset Farms subdivision from R-20: Residential to R-10: Residential.  He said the property is located within the Town's ETJ.

Mr. Jones said the proposed rezoning request is in conformance with the Land Use Element of the Comprehensive Growth Plan, which designates this area for medium-density residential development.

            Mr. Jones said town staff is recommending approval, but the planning board recommendation is to deny the request, following a 5-1 vote.

            Some of the planning board concerns, Mr. Jones said, were traffic to the site and the future road network.

Councilman VanFossen pointed out that traffic concerns are specific to the potential site plan and not on the zoning.  If the property remains R-20, he added, the town would have the same concerns.

With that explanation completed, Mayor Sears opened the public hearing to accept input.  The following comments were recorded:

Marjorie Minor, 6217 Oliver Creek Parkway – Ms. Miner said she would like the property to remain R-20.

Katharine Hagan, 108 Barbwire Circle – Ms. Hagan said she would like the property to remain R-20 because of traffic concerns.

James Vogner, 108 Hidden Park Lane – Mr. Vogner said he would like the property to remain at R-20 because he thinks that size lot would be more in keeping with the lots located at the eastern edge of Somerset Farm.  He also said he would hope the Council would see that greenway is provided.

Sean Dolle – Mr. Dolle, the developer, addressed some of the concerns to put residents at ease.  He also pointed out that the request is in keeping with the Land Use Plan.

Because of Neuse River buffers, streams and other environmental features, the property would render a density of only 120 lots, not 180 as a fully developable parcel would be able to yield with the requested zoning.

He added that he is working on getting a Grigsby Ave. access and does not want to be forced to use Somerset Farms as neighbors have expressed concern about.

The price range of homes, he said, would be in the $300,000 to $500,000 range if the Grigsby Ave. access could be arranged.  If the property has to be accessed via Somerset Farm, he added, the housing stock would be more in keeping with the same price range of that subdivision.  He also said the development would be providing greenway, for which some had expressed a desire.

Trip Belote, 4900 Bramblebridge Ct. – Mr. Belote, a planning board member, addressed the board as a resident.  He said he was not in favor of the rezoning request.

Raymond Cordon – Mr. Cordon, also a planning board member, addressed the council to report that the planning board felt that approval of the R-10 rezoning would impact neighboring pieces of land, which eventually would also be zoned to R-10.  He said he felt that as adjacent parcels are rezoned to R-10, the density of the neighborhood would be too high.  Therefore, he said, the planning board felt it was best to deny the rezoning request.

            There being no further comments, the public hearing was closed.

            Councilmen Atwell and VanFossen agreed that the property’s proximity to downtown and Hwy. 55 made it suited to R-10 zoning, with the town’s providing a close eye on the development plan to make sure it does not have negative impacts for neighbors.

Action:  The Council approved a motion to approve Zone Map Change Petition #05-REZ-13 to change the zoning of Wake County PIN #’s 0658.10-35-5764; 0658.10-36-5904; 0658.10-36-8871; 0658.10-46-4724 from R-20: Residential to R-10: Residential as submitted by Sean Dolle of Jones, Cnossen, and Dolle Engineering.

Motion By:  Womble

Second By:  VanFossen

Vote:  The motion carried a 4-1 vote.  Councilmen Womble, VanFossen, Atwell and Dickson voted for the motion.  Councilman Pearson voted against, saying he shared some of the concerns of neighbors and the planning board.  He added that his negative vote was to simply put the developer on notice that he would be looking thoroughly at the site plan.

 

5f.  Public Hearing:  Ordinance 05-11, UDO Amendment 05-UDO-06 – Mr. Jones explained to the Council that at the July Technical Review Committee meeting, the committee discussed whether childcare uses would be an appropriate use in the Community Business district.   He said the Town currently does not allow for childcare uses in Community Business district,  but did allow them in the Local Business district.

            Mr. Jones said the Community Business district was designed to provide locations for high-volume and high-intensity commercial uses.  The activities in this district are often large space users, which may include limited amounts of outdoor sales or outdoor operations.

Mr. Jones said the developments within the Community Business district shall be coordinated to facilitate vehicular and pedestrian access from nearby residential districts.  He said the TRC determined that if childcare uses were to be allowed, this type of use should be allowed only as a special exception use.  Therefore, adjacent businesses and residents would have the opportunity for input, and the use would have to meet the 10 findings of fact.

            Mr. Jones said that staff and the Planning Board is recommending approval.

With that explanation completed, Mayor Sears opened the public hearing to accept input.  The following comments were recorded:  None.

            There being no further comments, the public hearing was closed.

            Action:  The Council approved a motion to adopt Ordinance 05-11, enacting UDO Amendment #05-UDO-06 to amend UDO Section 3.05 to add Childcare Use as a special exception use.

Motion by:  VanFossen

Second By:  Pearson

Vote:  Unanimous

A copy of Ordinance 05-11 is incorporated into these minutes as addendum pages.

 

5g.  Public Hearing:  Growth Plan Amendment 05-GPA-03, Land Use Element – Ms. Bobber said that in June 2004, the Land Use Element of the Ten-Year Comprehensive Growth Plan was adopted by the Town Council upon the recommendation of the Planning Board.  She explained that the updates includes an implementation program to ensure that the Land Use Element was realized.  She said one of the implementation items is an annual review and evaluation of the Land Use Element to ensure that the text, map, and implementation program stays up-to-date with the Town’s vision and development activity.

Ms. Bobber said the plan that was adopted last year included a complete update of the Land Use Element text, which re-created and re-defined all of the various land use categories included on the Land Use map, created a new map with an expanded coverage area, and created an implementation program.  During this annual evaluation, all components of the Land Use Element are to be reviewed and considered.

            She reported that the Planning Board reviewed this item in May 2005 and recommends approval with modifications, which have been incorporated into the proposed resolution.  

With that explanation completed, Mayor Sears opened the public hearing to accept input.  The following comments were recorded:

Mike Rarrett, Powell Farm Road – Mr. Rarrett asked what impact on his property, which is located outside the town limits, would be.  He asked if the Town was planning to annex his property as he had been advised from a flyer placed on his door.

Ms. Bobber said the area around his subdivision is designated by the LUP as low-density residential.  She added, however, that Old Powell Farm is not in the Town’s jurisdiction and that there were no plans to annex his property.

Councilmen stressed that property owners should always contact the town or councilmen when receiving claims that their properties would be annexed.

            There being no further comments, the public hearing was closed.

Action:  The Council approved a motion to adopt Resolution 05-34 approving the Ten-Year Comprehensive Growth Plan Land Use Element Annual revisions #05-GPA-03.

Motion by:  Pearson

Second By:  Dickson

Vote:  Unanimous

A copy of Resolution 05-34 is incorporated into these minutes as addendum pages.

 

5h.  Public Hearing:  Ten-Year Comprehensive Growth Plan Amendment 05-GPA-04 - Mr. Jones explained to the Council that starting last October, Town staff has been updating the Ten-Year Comprehensive Plan from 1998. 

Mr. Jones said that the current plan is out of date and envisions that at a later date the entire document will be completely over-hauled to reflect the Town’s direction for the future.

Mr. Jones said that in May, the Technical Review Committee (TRC) began reviewing drafts of revisions to the plan and began making some modifications to various elements.  In June, the TRC approved the draft modifications and additions that staff had prepared and motioned to send the updates to the Planning Board for further review and recommendations.

He reported that the Planning Board has reviewed the Ten-Year Comprehensive Plan updates and recommends approval.  

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 adopt Resolution 05-35 to approve the Ten-Year Growth Plan 2005 update #05-GPA-04.

Motion by:  Womble

Second By:  VanFossen

Vote:  Unanimous

A copy of Resolution 05-35 is incorporated into these minutes as addendum pages.

 

6.  Consent Agenda:  All items on the Consent Agenda were approved following a motion by Councilman Dickson, a second by Councilman Atwell and a unanimous vote.  The following actions were affected:

      6a.  Minutes  - The Council approved minutes of the Council’s regular meeting held on June 21, 2005.

      6b.  Budget Amendment Reports – The Council received a report of budget amendments #148 through #193 for FY 2004-05 and for #1 through #7 for FY 2005-06.  Copies of the budget amendment reports are incorporated into these minutes as addendum pages.

      6c.  Resolution 05-36 – The Council adopted Resolution 05-36, directing the Town Clerk to investigate the sufficiency of Annexation Petition A05-15 filed by MSS Development LLC for the annexation of 17.79 acres and fixing the date of a public hearing on the question of annexation for Sept. 6, 2005.  A copy of Resolution 05-36 is incorporated into these minutes as an addendum page.

      6d.  Budget Amendment, $302,400 – The Council adopted an amendment to the FY 2005-06 budget in the amount of $302,400 to carry certain projects over from last fiscal year to the current fiscal year.  A copy of the budget amendment is incorporated into these minutes as an addendum page.

      6e.  Resolution 05-37 – The Council adopted Resolution 05-37 accepting the dedication of Estes Lane, formerly Hillside Drive.  A copy of Resolution 05-37is incorporated into these minutes as addendum pages.

      6f.  Womble Park Lighting  - The Council approved the sole-source purchase of lighting at Womble Park from MUSCO Lighting, LLC.   A copy of the MUSCO Lighting, LLC materials quote is incorporated into these minutes as an addendum page.

      6g.  Budget Amendment, $25,000 – The Council adopted an amendment to the FY 2005-06 budget in the amount of $25,000 to cover cost of repairs to a fire truck.  A copy of the budget amendment is incorporated into these minutes as an addendum page.

      6h.  Eisenhower Drive change order – The Council approved a construction contract change order in the Eisenhower Drive paving project.

           

7a.  Resolution 05-38 Installment Financing with RBC Centura Bank – Mr. Holland explained to the Town Council that this request is to consider the Town’s entering an installment financing contract in the amount of $438,000 with RBC Centura Bank to finance a leaf truck for $108,000, a combination truck for $250,000 and three police vehicles for $80,000.  All purchases are included in the FY 2005-06 budget.

Mr. Holland said that six banks submitted proposals, but RBC Centura submitted the lowest bid for a three-year annual payment at a rate of 3.37%.

Action:  The Council approved a motion to adopt Resolution 05-38 approving RBC Centura financing bid for $438,000 at a rate of 3.37% for a three-year annual payment.

            Motion By:  Dickson

            Second By:  Womble

            Vote:  Unanimous

      A copy of Resolution 05-38 is incorporated into these minutes as addendum pages.

 

7b.  Holly Springs Elementary School Drop-Off Loop  -  Ms. Stephenson said that this request is for the Council to consider granting to the lowest responsible bidder for the construction of the Holly Springs Elementary School drop-off loop project.  Ms. Stephenson said the Town received informal bids for this project on August 4, 2005. 

She said Town staff designed the project, prepared the contract documents, and handled the bid opening process.

Ms. Stephenson said the project is located on the east side of the Elementary School and includes approximately 400 feet of roadway extension and a turn-around with 24 new parking places.   She said this project is a joint effort with Wake County School System that will provide a stacking lane for the school and parking for Jones Park.  Wake County Public School System has committed to fund all expenditures in excess of $100,000.

Action:  The Council approved a motion to award the contract to the lowest responsible bidder, Asphalt Experts, in the amount of $127,000, contingency included, and to adopt related budget amendments totaling $169,140 for the entire project, including utility work and landscaping construction of Holly Springs Elementary drop-off Loop.

            Motion By:  Atwell

            Second By:  Dickson

            Vote:  Unanimous

      Copies of the bid tabulation sheet and budget amendments are incorporated into these minutes as addendum pages.

 

7c.  Avent Ferry Pump Station Construction Contract    Ms. Stephenson explained to the Town Council that this request is for approval to enter a contract for professional services for construction administration on the Avent Ferry pump station project.  She said the inspections that are required for this type of project require a registered professional specializing in the area of pump stations.  She said Town staff recommends entering a contract with Diehl & Phillips, P. A. Consulting Engineers in the amount of $49,500, which includes contingency.

Ms. Stephenson explained that the contract will include daily inspections, record drawings, technical support for any necessary field revisions, inspection of mechanical and electrical components delivered to the site, installation and function of those same components.  She added, plus everything else necessary to complete the project, the start up and final inspections, processing of pay requests, field orders, work change directives, and change orders.  She said that the Town inspectors will provide all other required inspections and oversight for this project.

            Action:  The Council approved a motion to enter a professional services contract with Diehl & Phillips, P. A. Consulting Engineers in the amount of $49,500 for the construction and administration of the Avent Ferry pump station, force main and interceptor project.

            Motion By:  Dickson

            Second By:  Womble

            Vote:  Unanimous

      A copy of the Diehl & Phillips, P. A. Consulting Engineers contract is incorporated into these minutes as addendum pages.

 

7d.  CAMPO Memorandum of Understanding    Ms. Stephenson explained to the Council that this is a request to consider entering a Capital Area Metropolitan Planning Organization Memorandum of Understanding (MOU).   Ms. Stephenson said that the MOU that Capital Area Metropolitan Planning Organization (CAMPO), has been utilized since 1993 and is being revised to address the expansion of the Metropolitan Planning Organization (MPO) into the counties of Franklin, Granville, Harnett and Johnston, also including the Towns of Angier, Bunn, Clayton, Creedmoor, Franklin, and Youngsville.  

Ms. Stephenson said that the main objectives of the added communities are for regional planning purposes and as regulated by the EPA, the communities within a Non-Air Attainment Region shall be included within the MPO.

       She said the Memorandum of Understanding has been routed through both the CAMPO TCC and the TAC and recommended for approval.   

Action:  The Council approved a motion to enter into the amended Capital Area Metropolitan Planning Organization Memorandum of Understanding agreement.

            Motion By:  Pearson

            Second By:  Atwell

            Vote:  Unanimous

            A copy of the Capital Area Metropolitan Planning Organization Memorandum of Understanding agreement is incorporated into these minutes as addendum pages.

 

8.  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.

 

9.  Other Business:  Councilman Womble told Council members he was concerned about the elderly who are facing the hot temperatures in homes without air conditioning or fans.

            Council members suggested that a link be provided on the town’s website for Wake County Human Services, which provides fans for the elderly.  Next year, they said, the cultural center rooms would provide a cool location for the elderly to go to during the hot days.  For now, they also could go to the Hunt Center. 

            Councilman Pearson asked staff to look into hiring an in-house construction manager rather than the Town’s hiring contract administrators for projects.  He said he thought it would result in a cost savings for the Town.

            He asked if the Town had considered refinancing its debt.  Mr. Holland said staff has looked into it.  At the moment, he hesitates to proceed since the Town is looking at financing the wastewater treatment plant expansion, and increasing current debt to save money may not actually save the Town money.

            Councilman Atwell said he would like staff to provide gateway scenarios for overhead utility lines.

           

10.  Manager’s Report:   Mr. Dean reminded council members of the upcoming Rockin’ at the Crossing event.  He explained that the Town will have less involvement in this event as it is being sponsored by the shopping center businesses.

 

11. 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; and pursuant to 143-318.11(a)(5) to discuss with the Town Attorney under the attorney-client privilege specifics in a matter of potential litigation and in the matter of a developer agreement for a proposed development outside of the ETJ area.

Motion By:  Womble

Second By: Atwell

Vote: Unanimous

 

General Account of Closed Session – August 16, 2005

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 2% salary increase for the town manager, which was to be communicated to the finance office and human resources officer.

Mr. Schifano discussed with the Council a contract proffered by developers of a 295 acre residential subdivision in the Buckhorn Ridge area, which is not currently in the Town’s corporate limits or extraterritorial jurisdiction.  The proposal by the landowner consisted of a significant waiver of development fees in exchange for financial assistance in a regional pump station.  Mr. Schifano advised that such an agreement, while legal, would be a departure from the town’s standard of providing financial assistance for infrastructure investment only as it relates to upsizing greater than the amount needed to serve a subdivision. The Council instructed the town attorney to reject the proposal by the developer.

Mr. Schifano, Mr. Dean, and Mr. Simmons briefed the Council on a letter that the Town received by the North Carolina Youth Soccer Association which indirectly involves the Town.  As discussed, the Town has entered into a lease agreement with  the Holly Springs Futbol Club for the use of certain soccer fields, and this is apparently displeasing to the NCYSA.  The attorney advised that the Town has no liability in this matter and that the lease agreement was proper and lawful.

 

-- End General Account

 

The Board approved a motion to return to Open Session.

 

12.  Adjournment:  There being no further business for the evening, the August 16, 2005, meeting of the Holly Springs Town Council was adjourned.

 

Respectfully Submitted on Tuesday, Sept. 6, 2005.

                       

 

 

 

 _________________________________

Joni Powell, CMC, Town Clerk

Addendum pages as referenced in these minutes follow and are a part of the official record