Holly Springs Town Council

Regular Meeting

 

January 4, 2005

 

MINUTES

 

The Holly Springs Town Council met in regular session on Tuesday, January 4, 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 three council members were present as the meeting opened. 

 

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

 

Council Members Absent:  Councilman Peter Atwell and Ernie Pearson.

 

Staff Members Present: Carl G. Dean, town manager; Chuck Simmons, assistant town manager; John Schifano, town attorney; Linda Harper, deputy town clerk (recording the minutes); Gina Bobber, director of Planning and Zoning; Scott Hammerbacher, planner II; Jeff Jones, senior planner; Elizabeth Goodson, development review engineer; Stephanie Sudano, director of Engineering; Len Bradley, director of Parks and Recreation; Marcia Schroer, leisure programs supervisor; David Smith, athletic programs supervisor; Scott Barnard, Bass Lake Park manager; and Drew Holland, Finance director.

 

2 and 3.  The Pledge of Allegiance was recited, and the meeting opened with an invocation by Rev. Hal Atkins, pastor of Holly Springs Moravian Church.

 

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

            Motion By: VanFossen

            Second By:  Womble

Vote: Unanimous

            Items Added to the Agenda:  None.

            Consent Agenda Items Removed: None.

            Other Changes:  None.

 

5.  Recognition of the Holly Springs Might Mites Cheerleaders – Mayor Sears introduced the Holly Springs Mighty Mite Cheerleaders.  He said that the team of 24 girls from Holly Springs supported the football players at games but also participated in a competition among squads from all of the towns in the conference.  At the end of the season, they had won the overall conference championship.  Mayor Pro Tem Dickson presented certificates of achievement to congratulate all the cheerleaders and coaches for winning the East Wake Football/Cheerleading Conference Championship. 

            Action:  None.

 

            Mayor Sears said that at this time Kathy Davis of Holly Springs would like to make a quick announcement regarding the Martin Luther King Jr. birthday celebration.

 

            Ms. Davis, representing the Martin Luther King Jr. Day Celebration Committee, invited all the councilmen and citizens of Holly Springs to the Martin Luther King Jr. birthday celebration on Sunday, Jan. 16, 2005.  The celebration will begin at 2:00 p.m. at Town Hall, starting with a march along Main Street and Holly Springs Road, ending at Holly Ridge Middle School.  The guest speakers at the following ceremony are Mayor Sears; Councilman Womble; Daniel T. Blue Jr. Esq., former speaker of the NC House of Representatives; Congressman David Price; State House Representative Paul Stam; and Mayor John Byrne of Fuquay-Varina.

 

6.  Public Hearing:  New Fire Station Installment Financing, Resolution 05-01 - Mr. Holland said that in order to borrow funds for construction of a new fire station, the Town must first obtain approval from the Local Government Commission.  He said that one step in that application process is to hold a public hearing to receive comments from citizens. 

            Mr. Holland said that the loan was advertised for bids and the lower bidder was Wachovia Bank, with the life of the loan being 10 to 12 years.  The Council is to consider adoption of Resolution 05-01 which also authorizes the filing of the LGC application.

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 05-01 authorizing the filing of an application for approval of a financing agreement to fund the construction of a new fire station.

            Motion By:  VanFossen

            Second By:  Dickson

            Vote:  Unanimous

A copy of Resolution 05-01 is incorporated into these minutes as an addendum page.

 

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

            7a.  Budget Amendment, $3,755The Council adopted an amendment to the FY 2004-05 budget in the amount of $3,755 to receive insurance funds to repair a Public Works vehicle.  A copy of the budget amendment is incorporated into these minutes as an addendum page.

            7b.  Budget Amendment, $2,500 – The Council adopted an amendment to the FY 2004-05 budget in the amount of $2,500 to accept grant funds from North Carolina League of Municipalities for employee wellness incentives.  A copy of the budget amendment is incorporated into these minutes as an addendum page.

            7c.  2005 Winter Retreat – The Council approved setting a special meeting for the Council’s 2005 Winter Retreat to begin at 6 p.m. Friday, Jan. 28, and to end around noon on Sunday, Jan. 30, at Pine Needles Lodge in Southern Pines.

            7d.  Resolution 05-02   The Council adopted Resolution 05-02 directing the Town Clerk to investigate the sufficiency of Annexation Petition A05-01 and setting a public hearing on the question of annexation for Jan. 18, 2005.  

            7e.  Minutes – The Council approved the minutes of the board’s regular meeting held on Dec. 7, 2004.

 

8.  ETJ Expansion Resolution 05-03 – Mr. Jones explained that this report and resolution is the first step in the Town requesting additonal areas for ETJ from Wake County.  He said at the Dec. 7, 2004, meeting, a map of the requested area was presented, and the Town Council approved staff to move forward with the request.   The next step in the approval process will be sending the report and resolution to Wake County Board of Commissioners for their approval at their February 2005 Board meeting.

            Mr. Jones said that the ETJ report is in compliance with Wake County criteria for requesting for ETJ expansions.  Mr. Jones said that he predicts this process to be completed within the next six months.

Action:  The Council approved a motion to adopt Resolution 05-03 and to submit to the Wake County Board of Commissioners for approval the ETJ expansion report requesting additional areas from Wake County.

            Motion By:  Womble

            Second By:  Dickson

Mr. Dean asked the Council to consider amending the motion and to request the Wake County Board of Commissioners to consider imposing a moratorium on any expansion of public utility infrastructure by out-of-county utilities in the proposed ETJ expansion area until the adjacent county can document that previous utility improvements were installed in accordance with North Carolina General Statures. In addition, Dean proposed that the Wake County Board of Commissioners should require the adjacent county to request and receive approval from the Town of Holly Springs for the utility expansions while the town is in the process of receiving ETJ expansion approval from Wake County. Councilman Womble made a motion to amend his motion to include the town manager’s recommendations, and it was seconded by Councilman Dickson.

            Vote:  Unanimous

A copy of Resolution 05-03 and the ETJ Expansion proposal are incorporated into these minutes as addendum pages.

 

9a.  Holly Springs Parks and Recreation Policy Manual Amendment -  Mr. Bradley said this request is to amend the Holly Springs Parks and Recreation Policy Manual to increase the registration fees in the summer camp program and the after-school program, and also to amend the youth athletic team sponsorship and the Bass Lake rental policies.

            Marcia Schroer, supervisor of the Parks and Recreation leasure programs, presented to the Town Council the proposal to increase the summer camp program fees and after-school program fees, and said that staff is requesting the Town to drop the before-school program for 2005-06 school year due to problems associated with staffing and credentialing.

            Councilman Dickson asked when the fees were raised last.  Ms. Schroer said that this is the first proposal to come before the Council requesting an increase in fees.  She said that, in comparsion with other municipalies, the Holly Springs program is still considered lower in cost.

            David Smith, athletic programs superviser, reviewed with the Town Council several amendments to the youth baseball and soccor programs.  In addition, he asked the Council to consider options for sponsoship packages and to amend the tournament policy to allow renting organizations to begin charging gate fees.  Councilman Dickson asked about sponsors displaying their company or products on Town property.  Mr. Smith said that staff is working on a company sponsorship policy for displaying their company advertisment for the baseball field areas.

Scott Barnard, Bass Lake manager, presented to the Town Coucil the following amendments: 

  • Eliminate deck and kitchen deposit at Bass Lake Retreat Center.
  • No amplified music on the deck after dark or after 10:00 p.m. at Bass Lake Retreat Center.
  • Flat table/chair/podium fee of $25 at Bass Lake Retreat Center.
  • Flat AV fee of $35 at Bass Lake Retreat Center.
  • After-hours rentals end at midnight at Bass Lake Retreat Center.
  • Add refund policy for Bass Lake as follows:

Mr. Barnard said the Town’s policy reserves the right to cancel reservations if such cancellation is deemed to be in the best interest of the Town, for instance if the Bass Lake Retreat Center is closed due to acts of God.  A full refund will be made if the Town cancels the rental.  A refund of 90% will be made if the renter cancels 60 or more calendar days in advance.  A refund of 50% will be made if the renter cancels 14 to 59 calendar days in advance.  No credit or refund will be made for cancellations by the renter within less than 14 calendar days.  Cancelled rentals may be rescheduled, without penalty, as long as the cancellation is more than 14 business days before the rental date (subject to availability).  All fees and deposits may be transferred to the rescheduled rental with a minimum of 14 days’ notice.  Rescheduled dates must be confirmed no later than 30 days after the initial cancelled rental date; otherwise, the rental will be treated as a cancellation.

Action:  The Council approved a motion to adopt the amendments to the Holly Springs Parks and Recreation Policy and Fees Manual.

            Motion By: Womble

            Second By: VanFossen

            Vote:  Unanimous

 

9b.  Twisted Creek Townhomes, 04-DP-07, Development Plan –  Mr. Hammerbacher said the request is for approval of a development plan for Twisted Creek Townhomes that proposes construction of 53 townhouses on 9.24 acres.  He said the site is located within the Arbor Creek Planned Unit Development (PUD) and designated for multi-family development.  The townhouses will be constructed in four- to six-unit clusters, which would be accessed off of a private street constructed to the Town’s standards and maintained by the Homeowner’s Association.  He said the private street would include sidewalks along both sides and include 17 off-street spaces for guest parking.  Mr. Hammerbacher said the proposed townhouses would be constructed of two-story wood frames with a combination of brick and vinyl siding and would include attached one-car garages.

            Mr. Hammerbacher reviewed with the Council Members that the buffer requirements and the existing natural areas on the site are to remain.

            Councilman VanFossen was concerned about how the vinyl siding would look on the rear elevation and about the view from Sunset Lake Road. He suggested adding masonry or a mixture of materials. 

Mr. Tom Spaulding of Spaulding & Norris, representing the applicants, said that with the combination of the topography and plants, there would be very little visual of the backyards and the buildings from Sunset Lake Road. He maintained that a low cost alternative to the project might include adding a retaining wall or supplemental planting along that area.  Mr. Spaulding said that the intent was for the trees to cover that area. 

Councilman VanFossen said that he did not want to add that as a condition but as a suggestion only.

Councilman VanFossen asked if this proposed project would have access to Arbor Creek amenities.

Mr. Spaulding said that this development was never included in Arbor Creek amenities and that he would add proper documentation stating that this project is excluded from the PUD amenities.

 

Action:  The Council approved a motion to approve Development Plan #04-DP-07 for Twisted Creek Townhouses as submitted by Spaulding & Norris, Project Number 520-04, revised Dec. 8, 2004, with the following nine (9) conditions:

  1. A UDO Permit for sign installation in addition to all other applicable permits will need to be secured prior to sign installation.
  2. This project is subject to a downstream pump station fee-in-lieu in the amount of $529.00 per unit in addition to other development fees.
  3. As discussed at the concept plan review meeting, the developer is interested in receiving credits against water acreage fees and transportation fees for over-sizing the water line on Sunset Lake Road to 12” and for costs associated with improving Sunset Lake Road.  FYI – This will be covered in a developer agreement that will be considered by the Town Council in January, subsequent to approval of this plan.
  4. The 50’ buffer & NRBI zones have been shown on the plans for one side of the stream; please show them for both sides of the stream.
  5. The following items are to be submitted prior to construction drawing submittal:

a.                  Drainage calculations to verify that Sunset Lake Road storm drainage meets Town standards.

b.                  Fire Flow calculations to ensure that Town standards are met without an additional offsite 12” waterline connection along Sunset Lake Road.  If Town standards are not met, then waterline along Sunset Lake Road will need to be added to create an additional connection.

  1. The following items are to be included on construction drawings (later in the approval process):

a.                  Graphically show 100-year flood line on the plan.

  1. Prior to the issuance of a building permit:

a.                  A detailed lighting plan is to be submitted to and approved by the Department of Planning & Zoning.

b.                  A Master Sign Plan Form is to be submitted to and approved by the Department of Planning & Zoning.

  1. Fees in lieu of park land dedication are to be paid to the Department of Parks and Recreation at a rate of $846 /unit.
  2. Documentation must be provided that no rise in the floodplain occurs downstream.  In addition, backwater calculations must be provided for the roadway crossing.  This information is required to be submitted, reviewed and approved prior to construction drawing submittal of this plan.

            Motion By: VanFossen

            Second By:  Womble

            Vote:  Unanimous

 

10. 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.

 

11.  Other Business:  None.

 

12.  Manager’s Report:   None.

 

13. Closed Session:  The Council approved a motion to enter into Closed Session, pursuant to G.S. 143-318.11(a)(4) for matters of economic development incentives and G.S. 143-318.11(a)(3), for the purpose of discussing with the Town Attorney under the client-attorney privilege a few matters of condemnation and ongoing litigation with General Concrete Company.

Motion By: VanFossen

Second By:  Womble

Vote: Unanimous

 

General Account of Closed Session – January 4, 2005

In Closed Session, the Town Council gave direction to the Economic Development director, providing suggestions for economic incentives for a new company proposing to relocate in Holly Springs Business Park.  In addition, the Town Council also gave direction to the Town Attorney to resolve two matters, the first being condemnation matters on sidewalk easements owned by Irene Bradley and Penny Avery, and the second matter being the ongoing litigation with General Concrete Company.

 

-- End General Account

 

Action:  The Council approved a motion to return to Open Session.

Motion By:  VanFossen

Second By:  Womble

Vote:  Unanimous.

 

14.  Adjournment:  There being no further business for the evening, the Jan. 4, 2005, meeting of the Holly Springs Town Council was adjourned following a motion by Councilman Womble, a second by Councilman VanFossen and a unanimous vote.

 

Respectfully Submitted on Tuesday, Jan. 18, 2005.

                       

 

 

 

 

 _________________________________

Linda R. Harper, CMC Deputy Town Clerk

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