Regular Meeting
MINUTES
The Holly Springs
Town Council met in regular session on
Council Members Present: Councilmen
Council Members Absent: None.
Staff Members Present:
Carl G. Dean, town manager;
2 and 3. The pledge of allegiance was recited, and the
meeting opened with an invocation by Rev. Glen Lee, pastor of the Holly Springs
Church of Life.
4. Agenda Adjustment: The
Motion
By: Atwell
Second
By: Womble
Vote: Unanimous
Items
Added to the Agenda: None.
Consent
Agenda Items Removed: None.
Other
Changes: None.
5. Consent Agenda: All items on the Consent Agenda were approved following a
motion by Councilman Atwell, a second by Councilman Dickson and a unanimous
vote. The following actions were
affected:
5a.
Resolution 05-06 – The Council adopted Resolution 05-06, a bank resolution for installment
financing of the fire station project. A copy of Resolution 05-06 is
incorporated into these minutes as addendum pages.
5b.
Resolution 05-08 – The Council adopted Resolution 05-08 directing
the Town Clerk to investigate the sufficiency of Annexation Petition 05-02,
filed by Vivian Irving for the annexation of 21.04 acres and fixing the date of
a public hearing on the question of annexation for
5c. Resolution 05-09 – The Council adopted Resolution 05-09 directing the Town Clerk to investigate the sufficiency
of Annexation Petition 05-03, filed by Paul Murphy for the annexation of
104.943 acres and fixing the date of a public hearing on the question of
annexation for
5d.
5e.
Minutes - The minutes of the Board’s regular meeting held on
6. Route Relocating Residential Structure
Request – Mr. Tom
Hankins of HF Investors addressed the Town Council to request approval of a route
for moving a residential structure from Windcrest Farms subdivision to
Mr. Hankins told the Council his company’s preferred route
would be to move the house out to Highway 55 via Springstone Drive; left on
Highway 55 and left on Cayman Avenue (through the rear parking area of Sonic
Drive-In); stay on Cayman Avenue and cross Holly Springs Road onto Collins
Street and proceed onward to the vacant lot at the corner of Collins and Earp
Streets.
Mr. Hankins
said the alternative route would be to move the house to Hwy. 55 via
Mr. Hankins
said the alternate route is more labor-intensive and would cost more to do, but
would avoid going through the Windward subdivision.
It would take
between 45 minutes and an hour to go through Windward Pointe between
Mr. Hankins
said he has spoken with the Windward Pointe Homeowners Association and said
that the HOA feels comfortable deferring to the decision of the Town Council.
Councilman
Dickson asked why the request was being made before the Council, rather than
staff.
Ms. Sudano explained
that moving the house via Hwy. 55 was a condition of a previous development approval. In order for the petitioner to move the house
by any other route would require that the Council amend its original approval
condition.
Councilman Dickson
asked how wide would the load be going through Windward Pointe. Mr. Hankins said the house is 33 feet wide; the
street is 31 feet wide; and the wheel base of the moving vehicle is 20 feet
wide. He added that his company proposes
to put $10,000 in escrow to pay for any damages that might occur to mailboxes
or landscaping during the move.
Councilman Dickson
said he believes a condition of approval of the original plan called for
construction traffic to specifically not go through Windward Pointe
Subdivision.
Mr. Hankins
said he did not consider moving the house as construction traffic because the
movement would be slow and controlled.
Mayor Sears allowed
public comments on the topic:
Leonard Schilling,
Larry Fleszar,
Mr. Hankins admitted an obvious
economic impact and said his cost savings would be about $20,000 to go through
Windward Pointe; however, he said he also felt it would be less disruptive to
the community as a whole by diverting the route. He added that he would contribute funds to the
HOA to make up or more than make up for replaced shrubbery.
Councilman Pearson asked if the Town
could have a legal document drawn to protect the HOA interest in its landscaping. The Town Attorney said yes.
Councilman VanFossen said he felt
the Council should abide by the homeowners wishes, and they don’t want the
house moved through Windward Pointe.
Councilman Pearson said he felt more
of the town and its businesses would be negatively impacted from a traffic
standpoint and from an electrical service standpoint by the Hwy. 55 route.
Councilman Atwell said he agreed
with Councilman VanFossen and would not be in favor of granting the request.
Action #1: Councilman Womble moved that the Council
direct that the relocation of the house be via the petitioner’s preferred route
of Hwy. 55 via Springstone Drive; then left on Hwy. 55; then left on Cayman Ave.
through Windward Pointe Subdivision; then across Holly Springs Road onto Collins
St.
Motion By:
Womble
Second By:
Pearson
Vote: The motion
failed, following a 3-2 vote. Councilmen
Womble and Pearson voted for the motion.
Councilmen VanFossen, Atwell and Dickson voted against.
Action
#2: The Council approved a motion to direct the
movers of the house to use the following route:
Hwy. 55 via
Councilman
Atwell asked if there would be any conditions recommended by staff.
Ms. Sudano
said she would recommend that a bond be provided, to cover any damages to Town
property that might occur during the move. (Note: The motion was not amended,
however).
Motion By:
Womble
Second By: VanFossen
Vote:
Unanimous
7a. Development Plan Amendment 04-DP-02-A01,
Mr. Hammerbacher reported that following
preliminary plan approval, the developers said that they would prefer to retain
the driveway because the cost to remove the driveway exceeded anticipated
estimates. He said staff informed the developers
that they should wait for Town Council approval prior to making improvements to
the driveway. He added that the concrete
driveway has since been resurfaced with asphalt.
The approved plan, he said, proposed
a shared drive and parking area intended to service 132 and
Mr. Hammerbacher said additional proposed revisions to the
plan include the redistribution of plant material along the east property line
adjacent to
Also, a walkway that was to be located on the easternmost
side of the parking area and intended to connect to the subject property was
installed between two parking spaces causing patrons to have to navigate
between two parked cars. The plan is now
proposing a third sidewalk to the subject property to potentially eliminate
pedestrian conflicts.
He said the approved preliminary plan denoted that a 30-inch
in diameter oak tree would remain on the site outside of the parking area. The amended plan denotes the oak tree within
the parking area, which is also within an area intended for handicap parking.
Action #1:
The Council approved a motion to recuse Councilman Chet VanFossen from
the meeting, due to his involvement with the project.
Motion By:
Dickson
Second By:
Atwell
Vote:
Unanimous
Action #2:
Councilman Womble moved to approve Development Plan #04-DP-02-A01 for
132 Raleigh Street as submitted by Michele Sosnowski of At Most Properties,
LLC, Project Number 04-069, revised January 10, 2005, with the following
conditions:
- The
proposed easternmost walkway shall be constructed within ninety (90) days
of plan approval.
- A
UDO Permit for Sign Installation shall be obtained from the
- The
parking requirement shall be evaluated with each proposed change of
use. The parking area requirement
is therefore subject to increase with any future change in use.
Second
By: Dickson
During discussion, Joe Signoretti of
the Planning Board addressed the Council to advise that concerns of the Planning
Board included not having a chance to ask questions of the petitioner and
because it was disconcerting that a plan was approved, but changes on site are
made before application for amendment.
Mr. Doug Ebner, owner -- Mr. Ebner told the Council that developers did not
veer from the approved plan maliciously or in disregard to the Town. He explained that when the paving contractor
came out and gave an astronomical cost estimate for removing the concrete, a
snap decision was made to, instead, cover the driveway with asphalt and then apply
to the Town for an amendment to the plan.
Action
to Amend: Councilman Womble moved to
reconsider his motion by striking Condition #1
Second
By: Dickson
Vote: The motion carried following a 3-1 vote. Councilmen Pearson, Womble and Dickson voted
for. Councilman Atwell voted against.
Action
#3: The Council approved a motion to
readmit Councilman VanFossen into the meeting.
Motion
By: Atwell
Second
By: Dickson
Vote: Unanimous
7b.
Davis-Martin-Powell and Green Engineering, PLLC, Contract Amendment –
Ms. Sudano said staff requests a first amendment to the Davis-Martin-Powell
& Associates and Green Engineering, PLLC WRF design contract originally
approved in May of 2004 (after consultant selection by the Town Council).
She said this contract amendment
would be for the change in facility being designed from a 2.4 mgd facility to a
6 mgd facility. Ms. Sudano said as a
result, the total design fees have increased from $305,000 to $1,340,000. She
said the consultant has begun to work on the 6 mgd design after Town Council
approved this change in December; however, the work thus far has not yet
exceeded the project design fee of the original contract.
Ms. Sudano said that a total of
$60,000 previously was appropriated by the Town Council for this project. Tonight, she added, a budget amendment is
being presented to add another $245,000 to the project budget. An additional amendment for the balance of
needed design fees - $1,035,400 - will be submitted to the Council at a later date
once project funding has been identified.
Mr. Schifano advised the
The problem, he said, is that the
Town will be committing itself to a large investment and then will be left at
the mercy of the State’s permitting process.
Ms. Sudano said that there are a couple of
clarifications being made to the amendment by the engineer at staff's request -
one of those being for the consultants to finalize information on the State's
environmental permitting process required for this project within 30 days. She added that the consultants are not
comfortable with the 30-day stipulation because of the uncertainty of how long
it might take to get firm commitments from the State that the Town will receive
the permission for 6 mgpd.
Mr. Dean said
if the
Mr. Dean
further explained that the $245,000 contained in the budget amendment
represents funding that was appropriated in last year’s budget and is simply
being brought over to this year’s budget.
He added that
if the contract is approved and the State does provide the Town with permission
for a capacity of 6 mgpd with an expansion of the wastewater treatment plant,
the multi-million dollar project would ultimately save the Town more than $20
million over the Town’s original options.
Action:
The
Motion By: Atwell
Second
By: Womble
Vote: Unanimous
Copies of the budget amendments are incorporated into these minutes as
addendum pages.
7c. Avent Ferry Pump
Station and Sewer Surveying Contract
– Ms. Stephenson requested that the Town Council consider a proposal for design-level surveying
for the Avent Ferry pump station, gravity sewer, and force main sewer line
design. She said the scope of the
proposal includes a boundary map, topographic survey, and easement mapping.
She said that the
contract cost is $15,775 plus a 10% contingency.
Action:
The Council approved a motion to enter a contract with Mauldin-Watkins
Surveying in the amount of $17,400 (inclusive of a 10% contingency) and to adopt
amendments to the FY 2004-05 budget in the amount of $17,400 to cover the costs
of the contract.
Motion By: Pearson
Second
By: Atwell
Vote: Unanimous
Copies of the Mauldin-Watkins Surveying contract and budget amendments
are incorporated into these minutes as addendum pages.
7d. Avent Ferry Pump Station Design Contract - Ms. Stephenson explained to the
Town Council that at a meeting in January the Council approved entering into a
developer agreement for a "regional" pump station to be known as the
Avent Ferry Pump Station. She said one
of the responsibilities of the Town under this agreement is to proceed
immediately with design of the station in order to meet the extremely
aggressive schedule needed to serve the Holly Pointe development.
She said construction must begin in July for
completion of the station by March 2006.
She added that staff recommends
approval of a contract with Diehl and Phillips, P.A., who has worked with staff
on the preliminary engineering on this project.
Ms. Stephenson said due to the lack of time available for sending out requests
for proposals and due to the extensive preliminary work that Diehl and Phillips,
P.A. already has performed on the project, staff recommends that the Town enter
a professional services contract with Diehl and Phillips, P.A. to design the
Avent Ferry Pump Station.
Action:
The Council approved a motion to enter a professional services agreement
in the amount of $99,000 with Diehl and Phillips, P.A. for design of the Avent
Ferry Pump Station and to adopt amendments to the FY 2004-05 budget in the
amount of $99,000 to cover the cost of the contract.
Motion By: VanFossen
Second
By: Womble
Vote: Unanimous
Copies of the Diehl and Phillips, P.A. contract and budget amendments are
incorporated into these minutes as addendum pages.
7e. 2005 Town
Sidewalk and Road Widening Projects Budget
– Ms. Stephenson said that over the past year, the Town Council has
mentioned in various public meetings a desire for staff to work on several road
and sidewalk projects and to arrange for construction this coming spring or
summer. She said that most of the
projects are included in either the sidewalk or transportation long-term Capital
Improvement Project lists; however, none of these particular projects have yet
had funding approved. She said that before
spending additional time on design on each of the projects, staff is requesting
that the Town Council approve the projects listed below and give staff
direction where to find funding within the Town's budget.
1)
2) Ballentine Street Sidewalk from NC 55
Bypass to the Recreation/Pool site
3) NC 55 Main Street sidewalk from Wendy's
to Oakhall
4) Turner Drive - 2 lane paving
5) Holly Springs Elementary drop-off loop
Ms. Stephenson said that preliminary opinions of cost
provided are based on per linear foot cost only and include a token dollar
amount for right of way and construction easements and a token amount for utility
adjustment cost. She said based on
actual right of way acquisition and utility relocation, these estimates may
need to be adjusted.
Action:
The Council directed Town staff to add the above projects to the town’s
2005 spring and summer projects with funding to be provided with budget
amendments at a future meeting (Councilman Womble amended his motion to
eliminate his earlier verbiage to finish the projects in a certain order).
Motion By: Womble
Second
By: Dickson
Vote: Unanimous
Ms. Stephenson then advised the Town
Council that the Town of Holly Springs has been awarded a grant from NCDOT in
the amount of $371,000 for completion of #3 on the project list.
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:
Joe Signoretti
– Mr. Signoretti said his concern is about traffic on
The Council asked staff to investigate the
possibility.
9. Other Business:
Councilman VanFossen brought up the crosswalk across
Action: The Council approved a motion to add a
crosswalk across
Motion
By: VanFossen
Second
By: Atwell
Vote: Unanimous
Ms. Powell reported that the
Council’s winter retreat, which had been postponed because of a threat of a
winter storm, had been rescheduled for Friday through Sunday, Feb. 25-27 at
Pine Needles Lodge in Southern Pines.
Mayor Sears reported that he,
Councilman VanFossen and Councilman Pearson would be attending the Raleigh
Chamber of Commerce inter-city visit in
Councilman Atwell asked about
progress toward getting a webcam system for broadcast via the internet of
Council meetings.
Ms. Powell reported that the Public
Information Officer is investigating all options and is working to come up with
the best technical, economical and logistical solution for the Town.
Councilman Atwell asked if the
Council could receive a report of all the Town contracts that have included
contingency amounts and whether or not those contingencies have been routinely
used. He said he would like to see a
recap of original contract amounts, contingency amounts and then close-out
amounts.
Councilman Atwell asked if the
Council would consider increasing the candidate filing fee from $5 to some
other amount that would ensure serious candidates.
Ms. Powell noted that budget request
forms, including possible changes to the fee schedules of the Town, will be
included in Winter Retreat notebooks.
She asked that Council members review the forms and fill them out to
efficiently handle those types of requests.
Councilman Atwell asked if the
Council would consider the Town’s paying for membership in the Holly Springs
Chamber of Commerce for council members as individuals who act as representatives
of the Town.
Council members suggested that this
be added as a retreat discussion item.
Councilman Pearson asked if the Town
had prepared and or was planning to prepare any legislative goals and local
bills for the current session.
Mr. Dean reported on meetings held
with the
Councilman Pearson said he also
would like to see the final list of agenda items.
10. Manager’s Report: Mr. Dean reported that the latest Capital Improvement
Projects list had been distributed and that council members should plan on
bringing them to the winter retreat.
He also reported that Economic Development staff member
Irena Krstanovic had been named the Holly Springs Chamber of Commerce Ambassador
of the Year.
At this time, Mr. Schifano asked the
Council to consider an additional action item.
On Dec. 21, he said, the
Mr. Schifano said he felt then and
still feels that this condition is not an enforceable one. He said the developer has advised that he cannot
close on the property because the developer’s lender has a problem with the
condition.
He said the Town could go through
another rezoning of the property in order to strike the condition. Or, he added, the Town could leave the
condition as stated on the Town’s permit documents but record with the Register
of Deeds a document that omits the condition.
In this case, he said, the condition
would no longer be in the chain of title, and the town can choose to enforce the
condition or not with the zoning permit on file in the office.
Action: The
Motion
By: VanFossen
Second
By: Womble
Vote: Unanimous
11. Closed Session: The Council approved a
motion to enter into Closed Session, pursuant to G.S. 143-318.11(a)(5), to
discuss contract negotiations for construction of the fire station.
Motion
By: Womble
Second By: Pearson
Vote: Unanimous
General Account of
Closed Session –
In Closed Session, the Town
The Town Attorney as well as
-- End General Account
Action: The Council approved a motion to return to
Open Session.
Motion By: Atwell
Second By: Womble
Vote: Unanimous.
In Open Session, Mr. Dean showed the
12. Adjournment: There
being no further business for the evening, the
Respectfully
Submitted on
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Addendum pages as referenced in these minutes follow and are a part of the official record