Regular Meeting
Nov. 1 , 2005
The Holly Springs Town Council met in regular session on Tuesday, Nov. 1, 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 p.m. A quorum was established as the mayor and three council members were present as the meeting opened.
Council Members Present: Council men Parrish Womble , Ernest C. Pearson , Chet VanFossen , and Mayor Sears and Hank Dickson arrived at 8:01 pm .
Council Members Absent: Councilmen Hank Dickson and Peter Atwell .
Staff Members Present: Carl Dean, town manager; John Schifano, town attorney; Linda R. Harper , deputy town clerk (recording the minutes); Drew Holland , finance director; Mark Andrews, information officer; Gina Bobber, director of planning and zoning; Kendra Stephenson, senior engineer; Stephanie Sudano, director of engineering; and Len Bradley, director of parks and recreation.
2 and 3. The Pledge of Allegiance was recited, and the meeting opened with an invocation by Rev. Otis Byrd of the Holly Springs First Baptist Church .
4. Agenda Adjustment: The Nov. 1, 2005 meeting agenda was adopted with changes, if any, as listed below.
Motion By: VanFossen
Second By: Pearson
Vote: The motion carried following a 2-1 vote. Councilmen Pearson, and VanFossen voted for the motion. Councilman Womble voted against.
Items Added to the Agenda: Add agenda item as 7 f. C onsider approval of the first reading of Ordinance 05-13 that would extend the timeframe of the BFI franchise agreement.
Agenda Items Removed: None.
Other Changes : None.
5. Planning Appreciation Week Nov. 7 – 11, 2005 - Mayor Sears presented a mayoral proclamation declaring the week of Nov. 7 -11, 2005 as Planning Appreciation Week in Holly Springs to coincide with World Town Planning Day, which is celebrated annually on Nov. 8.
Ms. Bobber said the Town's Planning & Zoning Department has endorsed the American Institute of World Town Planning Day program for the past five years in recognition of the efforts of the Town of Holly Springs to protect and enhance the quality of life for our residents through proactive planning . Each month, our appointed citizen committees of the Planning Board and the Board of Adjustment volunteer their time to assist staff and the Town Council in the review of proposed development within our Town.
Action: None.
Councilman Pearson made a motion to defer action on agenda item 6b to the next Town Council meeting and remove 6c from the Consent Agenda for discussion. The Council members were in consensus to remove these two items from the Consent Agenda.
Mr. Dean said that the report regarding the foot bridge leading to the springs' property leased by the town is for the Council's information only. There is no action needed for this item at this time and it may be brought back to the Council at a later time.
6. Consent Agenda: The following items on the Consent Agenda were approved with the exception of the removal of items 6b and 6c, following a motion by Councilman Pearson, a second by Councilman VanFossen and a unanimous vote. The following actions were affected:
6a. Minutes - The Council approved minutes of the Council 's regular meeting held on Oct. 18, 2005 .
6b. Business Park Entrance Sign – This item was deferred from the Consent Agenda to be discussed at the next Town Council meeting.
6c. Springs Bridge Project – This item was removed from the Consent Agenda for discussion.
7a. Wastewater Reuse System Project Design – Ms. Sudano said staff is requesting the Council to consider entering into a professional services agreement with Davis-Martin-Powell and Associates, Inc., for both design services and application for grant funds for the design of phases 1 and 2 of a town wastewater reuse system. She said the schedule for this project is being driven by the construction of the Twelve Oaks Development, which plans to begin irrigating its golf course in spring of 2006.
Ms. Sudano said that the schedule is very aggressive, and supplementary irrigation by potable water will probably be necessary from Spring to Fall 2006, when it is anticipated that phase one could come on line. She said that this schedule is in advance by approximately one year of what the approved Capital Improvements Plan (CIP) anticipated.
Ms. Sudano said the Town has secured a proposal from Davis-Martin-Powell and Associates, Inc., for design, permitting and submission of applications for additional funding for the construction of this system to supplement the $750,000 STAG grant.
Ms. Sudano said the request is for approval to enter an engineering services proposal and budget amendments in the amount of $106,000.
Councilman VanFossen asked staff were bids requested for this contract.
Ms. Sudano said that Davis-Martin-Powell and Associates, Inc. is currently working for the Town on a similar project and staff thought that it would easier starting a new contract for this project.
Action: The Council approved a motion to adopt budget amendments to the FY 2005-06 budget in the amount of 106,000 and approve to enter a professional services agreement with Davis-Martin-Powell & Associates, Inc., for engineering and grant application services in the town's wastewater reuse system, subject to the town attorney's satisfactory review of contract documents.
Motion By: Womble
Second By: VanFossen
Vote: Unanimous
Copies of the budget amendments and Davis-Martin-Powell & Associates, Inc. contract are incorporated into these minutes as addendum pages.
7b. Avent Ferry Road Improvements, Phase 2 – Ms. Stephenson said the town has secured a proposal from Diehl and Phillips, P. A., Consulting Engineers for design services and construction administration of the force main that will run from the location of the abandoned Braxton Pump Station to the wastewater treatment plant.
She said the pump station, force main and interceptor to the abandoned Braxton Village pump station site is currently under construction.
Ms. Stephenson explained that in the interim, effluent will be pumped through the existing 8-inch force main. She said this design will be to parallel the 8-inch force main with a 12-inch force main that will handle the total capacity of the pump station for years to come. This is known as “phase 2” of the Avent Ferry pump station project, she said.
She said this request is for approval to enter an engineering services agreement with Diehl and Phillips, P.A., Consulting Engineers in the amount of $114,000 and budget amendments.
Councilman VanFossen said that he didn't see a bid sheet for this project and asked if staff requested for bids for the professional service contract.
Ms. Stephenson said that Diehl and Phillips, P. A., Consulting Engineers is currently designing phase 1 of the Avent Ferry pump station and this design is for phase 2 of the same project.
Action: The Council approved a motion to adopt budget amendments to the FY 2005-06 budget in the amount of $114,000 and to enter a professional service agreement with Diehl and Phillips, P. A. Consulting Engineers, for design and construction administration of phase 2 of the Avent Ferry pump station project, subject to the town attorney's satisfactory review of contract documents.
Motion By: VanFossen
Second By: Womble
Vote: Unanimous
Copies of the budget amendments and Diehl and Phillips P. A. Consulting Engineers contract are incorporated into these minutes as addendum pages.
7c. Wastewater Collection and Pumping System Upgrades Study – Ms. Sudano said the town has secured a proposal for engineering services from Diehl and Phillips, P. A., Consulting Engineers to conduct a study for phases 1 and 2 of the Town's wastewater and collection and pumping systems. She said this study is being conducted on the pump stations and collections located on the eastern side of Town and discharging into the main interceptor at Utley Creek wastewater treatment plant.
She said that this study is necessary to determine the phasing of infrastructure upgrades that will be necessary to support the continued growth of the basins.
Ms. Sudano said that this request is for approval for the related budget amendments and to enter an engineering service agreement with Diehl and Phillips, P. A., Consulting Engineers in the amount of $55,000.
Councilman VanFossen said that he didn't see a bid sheet for this contract and asked if staff requested for bids for the professional service contract.
Ms. Sudano said she had interviewed several engineers who were familiar with this type of study and felt that Diehl and Phillips P. A. Consulting Engineers were the best qualified with his past experience and the work that he has done for the Town.
Action: The Council approved a motion to adopt budget amendments to the FY 2005-06 budget in the amount of $55,000 and enter a professional services agreement with Diehl and Phillips P. A. Consulting Engineers for system study for wastewater collection and pumping systems, subject to the town attorney's satisfactory review of contract documents.
Motion By: Womble
Second By: VanFossen
Vote: Unanimous
Copies of the budget amendments and Diehl and Phillips P. A. Consulting Engineers contract are incorporated into these minutes as addendum pages.
7d. Somerset Farm Drainage Basin Study – Ms. Stephenson said the town has received a proposal from Sungate Design Group for professional services to complete a flood study/drainage model for the entire Somerset Farms drainage basin. She said there are existing homes with interior finished flooring as well as lots that show platted floodplains, that are downstream from several new proposed developments. She said that providing a flood study is a plan approval requirement for each of these developments.
Ms. Stephenson said that undertaking a single study as a town and collecting fees in lieu of the study from those developments, allow the proposed developments to be modeled and the site impact on the upstream and downstream properties to be evaluated more efficiently.
She said that this model would serve and operate much like the other three town-initiated flood/drainage studies in town - Remington, Windward Point, and Sunset Ridge-Gable Ridge Lane . She said that under the Hydrologic Basin Policy Statement P-18, this model will serve to help mitigate the impact of new development and not permit a rise on upstream or downstream property owners.
Ms. Stephenson said that this request is for approval to enter a contract with Sungate Design Group in the amount of $26,000, which includes contingency funding and adopt the related budget amendments.
Action: The Council approved a motion to enter a professional services agreement with Sungate Design Group in the amount of $26,000, which includes contingency, for a drainage study of the Somerset Farms basin and adopt the associated budget amendments, subject to the town attorney's satisfactory review of contract documents.
Motion By: VanFossen
Second By: Womble
Vote: Unanimous
Copies of the Sungate Design Group contract and budget amendments are incorporated into these minutes as addendum pages.
7e. Carrington Estates Sign – In the absence of Mr. Herman, Mayor Sears at this time asked Gina Bobber to review with the Town Council this item. Ms. Bobber said that the Carrington Estate development is requesting the Town to consider allowing pole wrappings or black square casings around street and traffic control signs in the Carrington Estates development. She said these casings would conceal the utilitarian u-channel posts that hold the signs. She said the town's policy on decorative street signs prohibits the use of specially-designed decorative signage, but this request will not be changing the signs, but just covering the posts that holds them with more attractive coverings.
Ms. Bobber said that this request was reviewed by public safety and public works and both asked that the Council upon approval to allow the installation of sign post casings in the Carrington Estates subdivision to include in the motion that the replacement of damaged sign post casings will be the sole responsibility of the Carrington Estates Homeowners Association and not of the town.
Mayor Sears asked the Council members to table this item being the applicant is not present.
Action: The Council approved a motion to table this item until the November 15, 2005 Town Council meeting.
Motion By: Pearson
Second By: Womble
Vote: Unanimous
7f. Ordinance 05-13, BFI Landfill Franchise Agreement - Mr. Schifano said this request is for the Council to consider amending the BFI Landfill Franchise agreement to continue the landfill operations until June 30, 2007 . He said the franchise agreement has been amended with minor changes. He said the terms are basically the same as the old agreement, which requires the company to pay $2.25 per ton in franchise fees, allow up to 900 tons of free yard waste disposal per year for the Town, and C & D disposal for the Town at a reduced rate of $12 per ton.
Rick Prather of 330 Longwood Drive , Youngsville , North Carolina , a representative of Allied Waste reviewed with the Town Council the agreement terms and the rates of the franchise agreement.
There were much discussion among the Council members and Mr. Prather regarding the written language in Article 9, that it could be stronger and the cost of competing waste companies that drives the rate franchise fees up. Mr. Prather and Councilman Womble discussed the possibility of the Town purchasing the property, the liabilities and closure of the landfill.
John Spegal of 3049 Valincial Terrace, Charlotte, North Carolina, a representative of Allied Waste said that Allied Waste would be open to working with the Town to amend the agreement and present the changes to the Council at the time of the second reading.
Councilman Pearson said that he would agree to working with Allied Waste and town staff in revising the language of the franchise agreement.
At this time, Mayor Sears read the first reading of Ordinance 05-13 as follows: An ordinance of the Town of Holly Springs , North Carolina, to amend a construction and demolition landfill franchise agreement by extending the time period covered by the agreement with Allied Waste Inc., formerly known as BFI Waste Systems of North America, Inc., with the town until June 30, 2007 .
Action: The Council made a motion to approve the first reading of Ordinance 05-13, amending the BFI Landfill Franchise Agreement and forward to the November 15, 2005 Town Council meeting with amendments to use a stronger language in Article 9 and consider increasing the franchise fee rate per Councilman Pearson recommendation.
Motion By: VanFossen
Second By: Dickson
Vote: Unanimous
Copies of Ordinance 05-13 and BFI Landfill Franchise Agreement are incorporated into these minutes as addendum pages.
9. Public Comment: At this time, an opportunity was provided for members of the audience who had registered to speak to address the Council on any variety of topics not listed on the night's agenda: None.
10. Other Business: None.
11. Manager's Report: Mr. Dean reported that the Town has received several complaints of road problems on Avent Ferry Road . He said that he met with the staff of public works and the North Carolina Department of Transportation on site and inspected the problems and the problems lies with North Carolina Department of Transportation for repairs.
Mr. Dean congratulated town staff, the Holly Springs Chamber of Commerce and all the volunteers who donated their time and efforts for the success of the Holly Fest and the fund raiser for the Storm Aid project.
12. Adjournment: There being no further business for the evening, the Nov. 1, 2005 , meeting of the Holly Springs Town Council was adjourned following a motion by Council man Womble, a second by Council man VanFossen and a unanimous vote.
Respectfully Submitted on Tuesday, Nov. 15, 2005.
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Linda R. Harper , CMC , Deputy Town Clerk
Addendum pages as referenced in these minutes follow and are a part of the official record.