Holly
Springs Town Council Minutes
Regular Meeting
The Holly
Springs Town
Staff Members Present:
2 and 3.
The Pledge of Allegiance was recited, and the meeting opened with an
invocation by Councilman Womble.
4.
Agenda Adjustment: The
Motion
By: Atwell
Second
By: Dickson
Vote: Unanimous
Items
Added to the Agenda: None.
Agenda
Items Removed: None.
Other
Changes: None.
5a. Public Hearing: Cultural Center and
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
Motion By:
Dickson
Second
By: Atwell
Vote: Unanimous
A copy of Resolution 05-48 is incorporated
into these minutes as addendum pages.
5b. Public Hearing: The Overlook at Holly Glen, 05-DP-08 - Mr. Hammerbacher said the town has
received a development plan for The Overlook at Holly Glen, 05-DP-08. He said the developer is planning to
subdivide an approximately 32-acre parcel into 80 single-family lots utilizing
the development incentive options. He
said the lot sizes range from 7,532 square feet to 16,729 square feet with an
average lot size of 10,868 square feet.
Mr. Hammerbacher said that 8 acres of the 32-acre development is
proposed to be utilized as passive open space.
He said the subdivision plan has been
modified since it was reviewed by the Town’s Planning Board. The revisions include increasing the average
lot sizes for the three lots adjacent to
Councilman Atwell clarified that the
three proposed lots adjacent to
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.
Council Atwell asked does the plan
need to address clear cutting of the property.
Mr. Hammerbacher said that staff and
the Planning Board discussed with the developer and the developer agreed that
it is not the intention to clear cut the site.
Don Mizelle a representative of
Buckhaven Development said that is was not the intention of the developer to do
mass grading. Mr. Mizelle said that
there will be certain lots that would need fill-in work on a lot by lot basis.
Councilman Atwell asked the town
attorney to add certain language to be incorporated into the conditions that
the property will not be clear cut.
All were in consensus to add a
phrase to waiver regulation #6 and as condition #9 to the conditions to read as
“The proposed development is
appropriate to the site and its surroundings and the existing grading and vegetation will be preserved in
keeping with building practices.”
Mr. Mizelle said that he agreed with
adding that to the conditions.
Action #1:
The Council made a motion to
make and accept the following findings of fact to be recorded in the minutes by
the deputy town clerk for Development Plan Petition #05-DP-08 for The Overlook
at Holly Glen meets the requirements to allow for development incentives to be
used in the R-10 residential zoning district as submitted by Buckhaven
Development, project number 585-05, dated revised October 10, 2005.
A petition for waiver of regulations
of UDO Section 2.04: R-10 Residential District to allow for the use of
Development Incentives is granted of sufficient evidence to enable a written
determination that:
1) The use of area properties will not
be adversely affected.
2) The proposed development will be in
compliance with the minimum development
Requirements set forth in UDO Section 2.09, B.
3) The proposed development will be in
compliance with the provisions of UDO Section 2.09, C., 1.
4) The proposed development will be in
compliance with the additional development
Requirements set forth in UDO Section 2.09, C., 2.
5) The proposed development will be in
compliance with the applicable project
open space requirements
set forth in UDO Section 7.10 – Open Space Regulations of the UDO.
6) The proposed development is
appropriate to the site and its surroundings and the existing grading and vegetation will be preserved to the
extent possible in keeping with common building practices.
7) The proposed development is
consistent with the policy statements of the Comprehensive Plan.
8) The proposed development is
consistent with the intent and purpose of this UDO.
Motion By:
Atwell
Second
By: Dickson
Vote: Unanimous
Action #2: The Council having made the findings of fact that the
project meets the requirements to be granted a waiver, motioned to approve a
waiver of regulations of UDO Section 2.04: R-10 Residential District to allow
for the use of development incentives in the R-10 residential zoning district
in conjunction with Development Plan Petition #05-DP-08 for The Overlook at
Holly Glen as submitted by Buckhaven Development, project number 585-05, dated
revised October 10, 2005.
Motion By:
Atwell
Second
By: Dickson
Vote: Unanimous
Action #3: The Council made a motion to approve Development Plan
#05-DP-08 for The Overlook at Holly Glen as submitted by Buckhaven Development,
project number 585-05, dated revised October 10, 2005, with the following 8
(eight) conditions:
- A
UDO permit for sign installation in addition to all other applicable
permits will need to be secured prior to any sign installation.
- The
property with the following Wake County PIN: 0648.01-36-7182 shall be
annexed into the Town of
- Prior
to final plat, the following must be completed:
- Payment
of fees-in-lieu of land dedication in the amount of $874/unit.
- The
developer will meet with Planning & Zoning staff to ensure that the
provisions of §2.09, 2. d., (2), (b), (i) Interior Streetscapes of the
UDO, for the establishment of a variable building line are provided for
on the plat.
4.
Construction
of project must be accomplished from the one access to
- A fee-in-lieu of downstream pump station upgrade
will be required. The fee associated with this project will be based on
actual cost.
- At the time of submittal of plans for
development of the commercial property that is a part of this development
plan, providing public right-of-way access and utility (water & sewer)
stubs will be required to the Young property at that time.
- The
following items are to be provided with 1st construction
drawings submittal (later in the approval process):
- A limited detail flood study for the stream
along the rear of lots 62-76 will be required.
- All
environmental permits for the entire project are to be submitted with 1st
construction drawing submittal and approved prior to construction drawing
approval. Plan should be in
accordance with all Town environmental requirements. Note that all streams, wetlands and
riparian buffers will need to be shown and that field survey of
jurisdictional features is required.
Provide documentation of field delineation of wetlands and stream
buffers at the time of 1st construction drawing submittal.
c.
The
design of drainage for this property (as well as Fehliner property) shall take
drainage to the rear of this development.
- Verify
how drainage from lot #62 will affect downstream properties.
- Provide
information as previously requested to determine where the easement will
need to be along the rear of the property and ensure all upstream
property along the stream to be able to be served by sewer.
- Verify
the location of the sewer stub to the Young and Fehliner properties is in
a location that will serve the entire property.
- A
developer agreement and this plan will need to follow the same schedule so
that both are reviewed by the Town
- The proposed development is appropriate to the
site and its surroundings and
the existing grading and vegetation will be preserved to the extent
possible in keeping with common building practices.
Motion By:
Atwell
Second
By: Van Fossen
Vote: Unanimous
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
6b. Budget Amendment Report – The Council
received a report of amendment to the FY 2005-06 budget #36 - #45. A copy
of the budget amendment report is incorporated into these minutes as an addendum
page.
6c.
Carrington Estates Sign Post Wrappings – The Council approved a request by Liggett Design Group to allow
sign “wrappings” to be installed in Carrington Estates Development.
6d. Resolution 05-47 – The Council adopted Resolution
05-47 directing the town clerk to investigate the sufficiency of Annexation
Petition A05-16 filed by Covenant Developers, LLC for the annexation of 19.671
acres and fixing the date of a public hearing on the question of annexation for
6e. 800 MHz CAD Service Agreement – The
Council approved modifications to an inter-local agreement
with
6f. Budget Amendment, $67,000 – The
Council adopted an amendment to the FY 2005-06 budget in the amount of $67,000
to the PSAP Special Revenue Fund for purchase of equipment and training. A copy of the budget amendment is
incorporated into these minutes as an addendum page.
6g.
Special Meeting, November 29, 2005 – The Council set a special
meeting of the Town Council for 6:30 p.m. Tuesday, Nov. 29, 2005 for the
purpose of receiving project and budget updates; providing input for the 2006
winter retreat; and consideration of a Town Council Procedures Manual.
6h.
Budget Amendment, $3,000 – The Council adopted an amendment to the FY 2005-06 budget in the amount of $3,000 for
concessions sales at the
6i.
Buckhorn Ridge Developer’s Agreement - The Council approved a final version of Buckhorn Ridge developer agreement. A
copy of the draft Buckhorn Ridge developer agreement is incorporated into these
minutes as addendum pages.
7. BFI Franchise Agreement Ordinance 05-13 - Mr. Schifano
explained to the Council members that at the November 1st Council
meeting the Council held the first reading on Ordinance 05-13, BFI Franchise
agreement. He said at that time, input
was gathered from council and Allied Waste, Inc. He said that at the agenda packet deadlines
and prior to the meeting, he and Allied Waste were still working on the language
to address the Council’s comments.
Mr. Schifano said there were two
items of concern the Board had with the agreement; the first matter is Allied
Waste is requesting to extend the operation until June 30, 2007; and the second
issue was to increase the hosting fees to the Town to $.50 or by 5% and to
decrease the tonnage of the free deposal yard waste per year.
There was much discussion among Rick
Prather a representative of Allied Waste, Inc. and the Town Council regarding
both options.
Mayor Sears said that the options
before the Council are: the original
plan of 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; or to increase what the company
is to pay in tipping fees by 5% per ton in franchise fees, and decrease the
tonnage 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.
Councilmen Pearson said that he disagreed
with the original contract and that he saw nothing wrong with increasing the
host fees when Allied Waste increases the rate fees. Councilman Pearson called to the question at
this time.
Councilman Atwell
said that he opposed of the Town taking over the responsibility of the property
and agreed with Councilman Pearson.
Councilman Van Fossen said that BFI
has worked well with the Town in the past and said the debris from the proposed
Twelve Oaks development would bring closure the landfill. Councilman Van Fossen also called to the
question.
After much discussion and
negotiating that it was agreed upon by Allied Waste, Inc. to increase the
Town’s hosting fees to $.50 for every additional $5.00 increase above
$25.00 (5%) and the allow up to 1200 tons of free yard waste
disposal per year for the Town for 2006 and 1380 tons of free yard waste
for 2007, and C & D disposal for the Town at a reduced rate of $12 per ton
as the original proposal. All the Council members were in consensus with
those terms.
At this time, Mayor Sears read the second 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
Motion
By: Van Fossen
Second
By: Womble
Vote: Unanimous
A
copy of Ordinance 05-13 and draft Allied Waste Systems of NC, LLC agreement are
incorporated into these minutes as addendum pages.
8a. Hobby Tract, 05-MAS-04 – Mr. Hammerbacher said the Town has
received a preliminary plan for the Hobby tract, 05-MAS-04, located on
Mr. Hammerbacher said that the plan
is not proposing any active recreational amenities, such as a pool, but the
plan is proposing for a tot lot.
He said that the plan is in
conformance with the Land Use Element of the Comprehensive Growth Plan, which
designates this area for medium-density residential development. He said both staff and the Planning Board
are recommending approval with conditions.
Councilman Atwell said that he liked the connecting of both
Action:
The
1.
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).
2.
This
subdivision is in the Triassic basin. If
these soils are present, you will be required to do a roadway cross section
that will include some combination of fabric, extra stone, tensar, binder. The combination that will be required will be
determined by the Town of Holly Springs.
Special care with achieving proper compaction using acceptable material
and having a testing firm on site, insuring density, will be required also.
3.
Fee-in-lieu
of downstream pump station upgrades and related improvements will be required.
4.
Prior
to final plat, the following must be completed:
a.
Payment
of fees-in-lieu of land dedication in the amount of $874/unit.
5.
A
TIA for this project has been submitted and reviewed as required for this project. Off-site road improvements for this project
will include a turn lane constructed at the
6.
Prior
to 1st submittal of construction drawings submittal, the following
items need to be addressed:
a.
A
flood study is required for this project and has been submitted for
review. There are significant comments
from 1st review of the flood study.
Note that documentation of no rise up or down stream will be required
via the study. FYI-A separate memo will
be transmitted (via Planning Department) including the complete set of 1st
review flood study comments for your use in beginning revisions to the study.
b.
First
review checklist comment #17 about graphically showing location and labeling
100 yr flood plain still needs to be fully addressed. Resolution to this comment is complex due to
this project being surrounded by several others and the availability of both
draft FEMA and various local flood studies for the surrounding projects. A meeting will need to occur to discuss how
to address this comment.
Motion
By: Womble
Second
By: Pearson
Vote: Unanimous
8b. FY 2004-05 Financial Audit
Report – Mr.
Holland introduced Chris Abbott of Duke & Abbott, PA, CPA’s to present the
Town’s financial report and management letter following his firm’s annual audit
for the Fiscal Year ending June 30, 2005.
Mr. Abbott of
Financial Highlights:
- The Town’s assets exceeded its
liabilities at the close of the fiscal year by approximately $59.2 million
(net assets). Of this amount $7.9 million (unrestricted net assets) may be
used to meet the Town’s ongoing obligations to citizens and
creditors.
- The government’s total net
assets increased by $11.4 million in fiscal year 2005. $7.9 million of the increase resulted
from governmental activities, and $3.5 million resulted from business-type
activities.
- As of the close of the current
fiscal year, the Town’s
governmental funds reported combined ending fund balances of approximately
$10.3 million. The total fund
balance in the General Fund increased $0.7 million, total fund balance in
the Special Revenue Funds increased $0.1 million and total fund balance in
the Capital Project Funds decreased $0.6 million, resulting in a net
increase in total governmental funds combined fund balance of $0.7 million
compared to the prior year.
Approximately 67% of this total amount, or $6.9 million, is
available for spending at the Town’s discretion (unreserved fund balance).
$4.6 million of the unreserved fund balance is designated for
capital projects.
- At the end of the current
fiscal year, unreserved fund balance for the General Fund was $2.3 million
or 19.4% of total General Fund expenditures for the fiscal year.
- The Town’s total financed debt increased by $0.7 million (2%)
during the current fiscal year. The
key factor in this increase was the Fire Station Capital Project Fund
financing of $3 million for a new fire station. A decrease of $2.4 million is from
principal payments of existing debt.
- The Town maintained its bond
rating of “A+” with Standard and Poor’s, “A1” with Moody’s Rating Services
and “80” with the North Carolina Municipal Council, which is comparable to
a rating of “A” by the national rating agencies.
Government-Wide Financial Analysis
The Town of Holly Springs
Town of
Town of Holly Springs
(Net of depreciation)
Town of
Figure 5
|
|
Governmental |
Business-type |
|
|
||
|
|
Activities |
Activities |
Total |
|||
|
|
2005 |
2004 |
2005 |
2004 |
2005 |
2004 |
|
|
|
|
|
|
|
|
|
General
obligation bonds |
$1,700,000 |
$1,800,000 |
$14,455,900 |
$14,634,400 |
$16,155,900 |
$16,434,400 |
|
|
|
|
|
|
|
|
|
Revenue
bonds |
- |
- |
1,239,000 |
1,255,000 |
1,239,000 |
1,255,000 |
|
|
|
|
|
|
|
|
|
Installment
purchase obligations |
12,550,052 |
10,968,146 |
2,915,383 |
3,511,204 |
15,465,435 |
14,479,350 |
|
|
|
|
|
|
|
|
|
Total |
$14,250,052 |
$12,768,146 |
$18,610,283 |
$19,400,604 |
$32,860,335 |
$32,168,750 |
Mr. Abbott said that the overall report
on compliance and internal control over the financial reporting was based on the
audit of the financial statements performed that they are in accordance with
the Government Auditing Standards. He
said that the audit did indicate some conditions that needed to be improved
upon, such as:
·
the
purchase order system requiring purchase orders for items of $500 or more;
·
need
sufficient internal control to safeguard assets and report financial
information, to take more control over the Bass Lake Retreat Center concession
stand bar receipts; and
·
need
sufficient internal control to safeguard assets, such as the cash register at
the
Mr. Abbott said that overall Town’s
staff and funds are in good standing.
Action:
None.
A
copy of the Management’s Discussion and Analysis and the Schedule of Findings
are incorporated into these minutes as addendum page. A copy of the Comprehensive Annual Financial
Report is on file in the Town Clerks office.
8c. 2005 Community Agency Grant Program
– Ms. Powell
explained that in October, the Town distributed applications for the FY 2005-06
Fall Community Agency Grant Program.
She said that the Town has received the following four
applications: The
Ms. Powell said the all the requests
totals $8,000, and funds are available in the Special Programs Contributions
line item to honor these requests. All
four applicants have provided the information and submitted requests that are
in keeping with the Town’s policies on community agency grants.
She said that if all requests are
awarded, $11,700 in funding would remain available in the line item to provide
an opportunity for the spring 2006 grant applications or for the
Action:
The
Motion
By: Atwell
Second
By: Dickson
Vote: Unanimous
Councilman Dickson said that he supports all the agencies
that were submitted, but he had a problem with Wake County Kids Vote, because
that particular agency the funds covers mostly the administration cost.
8d. Sprint Telecommunication
Easement - Mr.
Schifano explained that this requested is for the Council to consider entering
a purchase agreement to convey a 60 foot x 60 foot easement at the northwest
corner
Mr. Zack Palmer, and Rosemary Corbin a contractor representing
Sprint Telephone and Telegraph Company, introduced themselves and asked for any
questions that the Council may have.
Councilman Van Fossen asked Ms. Corbin about putting the power
lines underground verses overhead power lines.
Ms. Corbin said that placing the power lines underground
would not be a problem that it could be done.
Councilman Womble asked when the property is no longer
needed or in use, will the property be turned back over to the Town.
Ms. Corbin said yes, as when the property is no longer
needed the property will go back to the original owner.
Mr. Corbin said that the landscaping
and fencing would meet the Town’s landscaping requirement regulations.
Action:
The
Motion
By: Womble
Second
By: Atwell
Vote: Unanimous
A copy of the Sprint
Telephone and Telegraph Company purchase agreement is incorporated into these
minutes as addendum pages.
8e.
The Overlook at Holly Glen Developers Agreement Terms – Ms. Sudano said the Town has
received an agreement with the developer of The Overlook at Holly Glen. She said the agreement would provide for
prepayment of street fees associated with the proposed 80-lot development. She said that the funds would cover the cost
of relocating of the
Ms. Sudano said the street fees
would total $80,000 for this development.
She said the developer agreement is proposed simply to guarantee that
the developer will prepay the street fees prior to
Ms. Sudano said prepayment of these
fees is the only way staff feels it could support the re-alignment, due to the
other roadway projects the town is paying for at this time. She said the nearby Hobby tract development
also would contribute fees to the intersection re-alignment project.
Ms. Sudano said that the developer
of The Overlook at Holly Glen will be widening the road frontage of the
development of approximately 300 feet per UDO requirements.
Ms. Sudano said that at the Councils approval the final
agreement will be submitted for approval at the December 6th Town
Council meeting.
Action:
The
Motion
By: Van Fossen
Second
By: Atwell
Vote: Unanimous
8f. Hobby Tract Developers Agreement
- Ms. Sudano said
the Town has been working with the developer of the Hobby tract and received terms
for a developer agreement, which would provide for street fee credits to offset
the infrastructure improvements being required by the Town.
Ms. Sudano said that fee credits are proposed to fund a
right turn lane at
She said the improvement is not a
UDO requirement, but staff believes that it will help with the expected traffic
at that intersection. The estimated cost
of the turn lane is $50,000, and it will be constructed by the developer as
part of his development. The street fees
collected in excess of the cost of the turn lane, will go toward the Town’s
project to re-align the
Ms. Sudano said that at the Councils
approval the final developer agreement will be submitted for approval at the
December 6th Town Council meeting.
Action:
The
Motion By: Womble
Second By: Atwell
Vote:
Unanimous
8g.
Cass Holt Road / Avent Ferry Road Intersection Improvement Agreement - Ms. Sudano said that the Town has been
working with Wake County Public School System (WCPSS), developing a Memorandum
of Understanding, proposing for joint participation in the Avent Ferry Road
widening project by funding a change order to re-align the Cass Holt Road and
Avent Ferry Road intersection.
Ms. Sudano said the design cost of
this change is estimated at $75,000, and the design contract was approved by
the Town Council in October of this year.
She said the agreement provides for
WCPSS to construct these revisions into their road widening project next spring
at the Town’s cost. She said because the
right of way and easement acquisition are required, and some of the properties
the Town will be dealing with in acquisition are the same properties that WCPSS
is acquiring from, the agreement also provides for the Town to acquire the
needed easements on WCPSS’ behalf as we acquire our easements and right of ways
at WCPSS’ expense.
Ms. Sudano said the intersection
change would be beneficial with respect to safety at the intersection. She said that it would position the
intersection directly across from the proposed entrance of The Overlook at
Holly Glen subdivision, and being there’s the potential of increasing traffic that
it may warrant the necessary for NCDOT to approve a traffic signal at that location.
Action:
The
Motion
By: Van Fossen
Second
By: Womble
Vote: Unanimous
A copy of the draft Memorandum
of Understanding agreement with Wake County Public School System 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 Council on any variety of topics not
listed on the night’s agenda. None.
10.
Other Business: None.
11.
Manager’s Report: Mr. Dean invited the Council members to attend
the Wake County Growth Management Task Force meeting on December 1st
and the Development Business meeting at the
Mr. Dean asked the Council members
to mark their calendars for the Town’s Christmas party scheduled for December
16, at the W.E. Hunt Gym, the guest speaker will be Jerry Carroll the comedian.
Mr. Dean reviewed with the Council
members the water restrictions for the City of
The Council members were all in
consensus to send a letter from the Town Council requesting the City of
12. Closed Session: The Council approved a motion to enter into
Closed Session,
pursuant
to G.S. 143-318.11(a)(4) to
discuss with the Town staff for specifics in the matter of economic development
incentives.
Motion By:
Dickson
Second By: Atwell
Vote: Unanimous
General Account of
Closed Session –
In Closed Session, the manager consulted with the council
regarding a recent inquiry to the economic development department for a
company that expressed interest in acquiring the
-- End General Account
Action: The Council approved a motion to return to Open Session.
Motion By: Atwell
Second
By: Womble
Vote: Unanimous.
13.
Adjournment: There being no further business for
the evening, the
Respectfully
Submitted on
___________________________________
Addendum pages as referenced in these
minutes follow and are a part of the official record