Regular Meeting
The
Staff Members Present:
2 and 3. The Pledge of Allegiance was recited, and the
meeting opened with an invocation by Horace Ferguson, pastor of the
4. Agenda Adjustment: The
Motion
By: Dickson
Second
By: Womble
Vote: Unanimous
Items
Added to the Agenda: None.
Agenda
Items Removed: None.
Other
Changes: None.
5. Public Hearing: Annexation Ordinance A05-16, Covenant Developers, LLC - Mr. Jones explained that the Town had
received a petition for voluntary annexation filed by Covenant Developers, LLC,
requesting the annexation of 19.671 acres located along Avent
Ferry Road adjacent to the existing Holly Glen subdivision. Mr. Jones said the petition meets all the
statutory requirements for annexation.
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
Annexation Ordinance A05-16 annexing 19.671 acres owned by Covenant Developers,
LLC, and more particularly described as Wake County Pin: 0648.01-36-7182, into
the corporate limits of the Town of
Motion By: VanFossen
Second By: Atwell
Vote: Unanimous
A copy of Annexation
Ordinance A05-16 is incorporated into these minutes as addendum pages.
6. Consent Agenda: All items on the
Consent Agenda were approved following a motion by Councilman Atwell, a second
by Councilman Womble and a unanimous vote.
The following actions were affected:
6a. Budget Amendment, $2,250
- The Council adopted an amendment to the FY 2005-06 budget to receive a $2,250
grant from the Sam’s Club Foundation for the
6b.
Resolution 05-49 – The Council adopted Resolution 05-49 directing the Town Clerk to investigate the
sufficiency of Annexation Petition A05-17 for the annexation of 367.49 acres and fixing the date of a public
hearing on the question of annexation for
6c.
Resolution 05-50 –
The Council adopted Resolution 05-50 approving
financing terms with
6d. Resolution 05-51
– The Council adopted Resolution 05-51 directing the Town Clerk to investigate
the sufficiency of Annexation Petition A05-18 filed by
6e. Resolution 05-52
– The Council adopted Resolution 05-52 ratifying the Town’s application to
Clean Water Management Trust Fund for reuse system grant funds. A copy of Resolution 05-52
is incorporated into these minutes as an addendum page.
6f. Resolution 05-54 – The Council
adopted Resolution
05-54 authorizing staff to proceed with bond refunding to reduce the term of
water and sewer bonds by 10 years and provide savings for the town. A copy of Resolution 05-54 are incorporated
into these minutes as addendum pages.
6g. Budget Amendment, $12,000 – The
Council adopted an amendment to the FY 2005-06 budget in the amount of $12,000 to accommodate the
installation of a master meter and vault on the recently-purchased
6h. Pacos
Construction Contract Change Orders – The Council approved change orders to
the Pacos construction contract for the
6i.
Resolution 05-55 – The Council approved Resolution 05-55
authorizing the application for an NCDOT bicycle planning grant. A copy
of Resolution 05-55 is incorporated into these minutes as an addendum page.
6j.
2006 Town Council Meeting Schedule – The Council adopted the
schedule of 2006 regular council meetings, with cancellation of first the
meeting in July 2006, which conflicts with the Independence Day holiday. A copy
of 2006 regular council meeting schedule is incorporated into these minutes as
an addendum page.
7.
Gable Ridge Drainage Basin Culvert Project - Ms. Stephenson said
previously the Town Council has funded several studies to evaluate possible
options for improving existing flooding issues along
Ms. Stephenson said at the Sept. 6
Town Council meeting, a design contract was awarded to Kimley-Horn
for culvert replacement, plus completion of a feasibility report for the
detention.
She said Kimley-Horn
has completed 50% of the design plans and project budget for the culvert
improvement project. She said the
improvements would include removing the existing 72” corrugated metal pipe,
installing a 10 feet x 5 feet reinforced steel concrete box culvert, and
replacing the road and landscaping that would be disturbed during the
construction.
Ms. Stephenson said that a meeting was
held on Nov. 29 with the five property owners who would be directly impacted by
the construction in their front or side yards.
She said the purpose of the meeting was to look mainly at the direct
impacts, including landscaping.
Ms. Stephenson said that once the
Town Council endorses the 50% plans and the plans are reviewed by staff and
revised by the consultant, a second meeting will be held with all of the
property owners who are interested in this improvement project.
The town manager advised the Council
that he and staff are not comfortable with the estimated cost of the
project. He asked the Council to accept
the information provided and direct staff to reevaluate options.
Action: The
Motion By: VanFossen
Second
By: Dickson
Vote: Unanimous
8a. Organizational Meeting: Oaths of Office - Ms. Powell said it was her pleasure and her
honor to administer the oath of office to incumbent Town Council members Mayor
Sears and Councilmen
8b. Organizational Meeting: Election of Mayor Pro Tem – Mayor Sears explained that
a part of the Organizational Meeting is the election of a council member to
serve as mayor pro tempore, serving as vice chairman of the council and as
mayor during the absence or disability of the mayor.
He said that currently, Councilman
Mayor Sears opened the floor for nominations for mayor
pro tem.
Councilman VanFossen
nominated Councilman Hank Dickson.
Action: The
Motion By: VanFossen
Second
By: Atwell
Vote: Unanimous
8c. Appointment of
He then reviewed a list of those who have expressed
an interest in individual positions.
Mayor Sears reported that the terms on these agency
representatives would expire at the next Organizational Meeting, which will be
the first Tuesday in December 2007 following the next municipal election.
Nominations to the agencies were as follows:
·
Triangle J Council of Governments Board Member: Councilman VanFossen.
·
Triangle J Council of Governments Board Member Alternate: Councilman Atwell
·
Triangle J Smart Growth Committee:
Staff members
·
·
Transportation Advisory Committee of CAMPO: Mayor Sears
and Councilman VanFossen as alternate.
·
·
·
·
Wake
Action: The
Motion
By: Atwell
Second
By: Dickson
Vote: Unanimous
8d.
Ms. Powell said that some of the
material in the manual drew questions from some council members. She suggested that those items needing more
discussion be removed from the manual and acted upon individually as possible
amendments in the future.
She asked, however, that the council
adopt the remaining portions of the manual with which no members had questions,
including provisions for council members to be required to have high-speed
internet connections and hollyspringsnc.us email
addresses.
Ms. Powell added that the document
may be and should be amended from time to time to address issues that arise or
to make adjustments to suit the Council’s changing needs.
Action: The
Motion
By: VanFossen
Second
By: Womble
Vote: Unanimous
A copy of the Town Council Policy Manual,
as amended to its final adopted form, is incorporated into these minutes as
addendum pages.
9a.
Mr. Hammerbacher said
that staff and the planning board recommend approval with conditions.
Action: The
b. Provide a drainage area map and supporting
calculations.
Motion
By: Atwell
Second
By: Dickson
Vote: Unanimous
Mr. Hammerbacher
said that since the proposed layout and design has changed since the original
approval, the development plan is going through the full review process.
Mr. Hammerbacher
said the plan is for the construction of two commercial buildings on a 2.803-acre
site. He said building one is a five-unit,
6,500-square-foot building and building two will be a 10-unit, 12,000-square-foot
building. He said a total of 15 units
are proposed within the development with the typical unit’s being approximately
1,300 square feet.
He said the plan proposes 100
parking spaces and four handicapped spaces around the perimeter of the
building.
Mr. Hammerbacher said
that staff and the planning board recommend approval with conditions.
Action: The
a.
Show and label backwater
easements (to be recorded) at stream crossings and storm drainage inlets;
provide 100 year calculations accordingly.
b.
Provide a drainage area map and supporting calculations.
c.
A sealed sewer report will be required to verify size and adequacy of
all downstream sewer lines and pump stations.
d. A
flood study update will need to be completed for this project and confirm that
with this development that there is no rise downstream of this property per
Town Flood Study Policy Statement. (Staff
recommends that this study be submitted earlier since the results could impact
the site layout)
e. The median for the drive
thru areas will need to be constructed in a way to allow cars to drive over the
median in the event of a need to bail out of the drive thru lane. Staff recommends that median curb be used and
appropriate landscaping to allow for a vehicle to exit the drive thru lane.
Motion
By: VanFossen
Second
By: Womble
Vote: Unanimous
9c. DeVere
Region Office, 05-DP-12 - Mr. Hammerbacher
said the Town has received development plan 05-DP-12 for DeVere
Regional Office. He said the plan calls
for the construction of a 14,274-square-foot office/warehouse building on a
portion of a 5.06-acre site near the
Mr. Hammerbacher said the
plan indicates that there would be an enclosed 20,000 square foot outdoor
storage area, which would be screened by a six foot tall black chain link fence
and C-75 (opaque) buffer.
Mr. Hammerbacher
said the outdoor storage area would be accessed from a gate along a road
between Warp Technologies and the proposed DeVere
Regional Office. He said a second gate is
located along the northeastern corner of the building.
Mr. Hammerbacher said
that staff and the planning board recommend approval with conditions.
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.
The following items are to be included with 1st construction
drawing submittal (later in the approval process):
a.
Show and label backwater easements (to be recorded) at stream crossings
and storm drainage inlets; provide 100 year calculations accordingly.
b.
Provide a drainage area map and supporting calculations with 1st
construction drawing submittal.
c.
Design of roadway along northern property line will be required and
construction easements determined.
d.
Extend public water lines to adjacent properties.
e.
Utility easement along rear of property will need to be 20’ on this
property to provide accessibility to the sewer stub.
3.
Prior to issuance to the issuance
of a building permit, the following must be completed:
a.
A 25’ public
b.
The property must be subdivided with the lot for the
Motion
By: Atwell
Second
By: Dickson
Vote: Unanimous
9d. Forest Springs Developer Agreement
Terms - Ms. Sudano asked the
council to consider terms of a developer agreement with the developer of Forest
Springs, which would provide water acreage fee credits to off-set over-sizing
of the waterline along
Ms. Sudano
said the waterline is being oversized from an 8-inch waterline to a 12-inch
waterline, in accordance with the Town’s Master Waterline Plan. She said the waterline will be 4,500 linear
feet and extends all the way back to
Ms. Sudano
explained that water acreage and/or capacity fees also are proposed to off-set
the construction by the developer of several new water services along this line
so that the public works department could remove the existing 6-inch waterline
from service. She said, in addition, the
agreement would provide credits against sewer acreage and capacity fees for
construction of an offsite oversized gravity sewer that would connect the
existing Oak Hall pump station to the proposed Twelve Oaks gravity sewer line,
taking the pump station off-line.
She said the development could have
been served by constructing a gravity sewer line to the existing Oak Hall pump
station and upsizing some lines downstream.
She explained that, for this reason, the cost of improvements that the
developer would have had to make under this scenario would be subtracted from
the overall project cost associated with the large gravity lines. She said the difference in those costs would
be the maximum amount for which the developer would be eligible for fee
credits.
The installation of this gravity
sewer line in this manner would be of great benefit to the Town’s
infrastructure system, saving the Town from long-term, expensive operating
costs of another pumping station, and putting into place a sewer line that would
serve as yet undeveloped non-residential properties.
Ms. Sudano said if the
major points of the agreement are approved by Council, the town attorney and
staff would submit the final developer agreement draft on the Consent Agenda of
the Dec. 20 Town Council meeting.
Action: The
Motion
By: VanFossen
Second
By: Atwell
Vote: Unanimous
9e. Twisted Creek Developer Agreement
Terms – Ms.
Sudano asked the council to consider the terms of a
proposed developer agreement with the developer of Twisted Creek, which would
provide water acreage fee and water capacity replacement fee credits to off-set
over-sizing of a waterline. She said
that approximately 800 feet of waterline is being oversized from an 8-inch
waterline to a 12-inch waterline, in accordance with the Town’s Master
Waterline Plan. She said that, in
addition, the agreement would provide credits against street fees for widening to
be performed along
Ms. Sudano said if the
major points of the agreement are approved by Council, the town attorney and
staff would submit the final developer agreement draft on the Consent Agenda of
the Dec. 20 Town Council meeting.
Action: The
Motion
By: Womble
Second
By: Dickson
Vote: Unanimous
She said this waterline would provide a critical
interconnection that would help maintain the network redundancy in the area of
the project.
Ms. Sudano said if the
major points of the agreement are approved by Council, the town attorney and
staff would submit the final developer agreement draft on the Consent Agenda of
the Dec. 20 Town Council meeting.
Action: The
Motion
By: Womble
Second
By: Dickson
Vote: Unanimous
9g. Union Ridge Developer Agreement Terms
- Ms. Sudano asked the
council to consider terms of a proposed developer agreement with the developer
of Union Ridge, which would provide water acreage fee credits to off-set over-sizing
of the waterline along
Ms. Sudano said the
length that is actually eligible for credits would depend on how much the
developer has to install for his project (the
She said water acreage and/or capacity fees also
are proposed to off-set the construction by the developer of a water service to
serve the Town’s new
She said the sewer line varies in size, but would
be sized to serve the entire drainage basin.
Also in the developer agreement would be the Town’s agreement to acquire
easements for the off-site sewer line (from Progress Energy) so that the line could
be installed where the Town prefers for long-term maintenance.
Ms. Sudano said installation
of this sewer line in this manner would save the Town from long-term, expensive
operation costs of another pumping station.
Ms. Sudano said if the
major points of the agreement are approved by Council, the town attorney and
staff would submit the final developer agreement draft on the Consent Agenda of
the Dec. 20 Town Council meeting.
Action: The
Motion
By: Womble
Second
By: VanFossen
Vote: Unanimous
9h. Board
of Adjustment and Planning Board Appointments – Ms. Bobber explained that each year the Town Council is to
appoint “in-town” members to the
Ms. Bobber said that on
December 31 of each year, the terms of several members of the Board of
Adjustment and Planning Board expire.
Therefore, at the Town Council’s first December meeting, the Board
reviews the applications for vacancies and, at the Town Council’s discretion,
re-appoints interested members or appoints new members to the respective
Boards.
Ms. Bobber said the following are members of the Board of
Adjustments with terms ending
She said, however, that the Town did not receive any
other applications from residents of the ETJ, so that position would have to
remain vacant at this time.
Action #1: The Council reappointed Waunell
Williams, 420 Lee Street, as an in-town member of the Board of Adjustments and
nominated ETJ resident Van Steven Murray, 5317 Shadow Valley Road, to the Wake
County Board of Commissioners for appointment as an ETJ member to the Board of
Adjustments, both with terms to begin
Motion
By: Dickson
Second
By: Womble
Vote: Unanimous
The ETJ-alternate member seat
remains vacant.
Ms. Bobber said the following are members of the Planning
Board with terms ending
Councilman Atwell expressed an interest in retaining Fanjoy and Johnson on the Planning Board.
Councilman DeBenedetto
suggested a motion be made to retain the incumbent members and then another
motion to fill the remaining vacancy.
Councilman VanFossen said he
also wanted to address the possibility of removing a Planning Board member
whose attendance at Planning Board is only 50%.
Ms. Bobber explained that staff plans to review the
existing attendance policy and recommend changes.
Councilman Womble said that would be good because the way
the current policy is written, a Planning Board member can attend just enough
meetings to remain on the board and then be absent again. The policy states that a member who is absent
from three consecutive meetings may be excused by the Town Council.
Councilman Atwell said that, ideally, the town needs
folks who would make the planning board meetings a priority.
Councilman VanFossen pointed
out the Town Council could remove a member of the Planning Board,
notwithstanding the attendance provisions of the policy. He stressed that if the Town Council is not
pleased with 50% attendance, it could remove the member, even if the member
missed only two consecutive meetings and not three.
Councilman VanFossen asked for
confirmation of this.
The Town Clerk said that the newly-adopted Town Council
Procedures Manual provided for the Council’s discretion in following policy, as
long as a majority of the Council agreed to do so.
Action: A motion was made that the Town Council
deviate from the strict letter of the attendance policy for appointed boards
and commissions.
Motion By: VanFossen
Second By: Dickson
In discussion, Councilman DeBenedetto
pointed out that Planning Board members are volunteers, and the town is not
aware of the reasons for the absences of the member. The person may have been facing circumstances
that made his absences unavoidable, he said.
Councilman DeBenedetto also
asked if there were attendance policies for other boards.
Councilman Dickson said that the attendance policy
addresses the Planning Board and Board of Adjustments. He pointed out, however, that although the
Vote: Unanimous, and the motion carried.
Action: A motion was made to remove
Motion By: VanFossen
Second By: Atwell
In discussion, Councilman DeBenedetto
suggested the Council get feedback from Planning Board Chairman Joe Fanjoy on Belote’s
performance. Perhaps his performance is
exemplary notwithstanding his attendance, Councilman DeBenedetto
said.
Councilman Atwell stressed that he appreciates Belote’s willingness to serve and his volunteerism and
service to the community. He said that
while he appreciates the member’s service, he feels the Town of
Vote: Unanimous, and the motion carried.
With the removal of Mr. Belote
from the Planning Board, four vacancies are to be filled.
It was the consensus of the Council to reappoint members Joe
Fanjoy and
Councilman Womble nominated Tim Sack and Jonathan Gibbons
to fill the remaining two vacancies.
Councilman Dickson nominated David Holme
and Glenn Myrto.
Councilman DeBenedetto
nominated Glenn Myrto and Tim Sack
Councilman Atwell nominated David Holme
and Glenn Myrto
Councilman VanFossen nominated
Glenn Myrto and Tim Sack.
Action: The Council approved a motion to reappoint
Joe Fanjoy and
Motion
By: Dickson
Second
By: DeBenedetto
Vote: Unanimous
Councilman DeBenedetto
suggested that a nominating committee be created to go through applications and
make recommendations to the full Council.
Council agreed that this would be a good idea to discuss during amendments
to the procedures manual.
Council members each expressed and agreed
that the roster of applications received from interested citizens provided a particularly
strong list of candidates.
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. None.
11. Other Business: None.
12. Manager’s Report: Mr. Dean
reminded members of upcoming holiday events.
13. Closed Session:
Action: The Council approved a motion to enter into
Closed Session, pursuant to G.S. 143-318.11(a)(4) to
discuss a topic involving economic development and pursuant to G.S. 143-318.11(a)(3)
to hold discussions under the client-attorney privilege with the town attorney.
Motion By: VanFossen
Second By: Atwell
Vote:
Unanimous
General Account of Closed
Session –
In Closed Session, the Council was
briefed on a potential new industry in
No action was taken in Closed
Session other than a motion to return to Open Session.
-- End General Account
14. 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