Regular Meeting
MINUTES
The Holly
Springs Town
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. Sam Gore of Salt and
4.
Agenda Adjustment: The
Motion
By: Dickson
Second
By: Atwell
Vote: Unanimous
Items
Added to the Agenda: Items 7i. and
7j.: Approve salary range and new position in the Parks and Recreation
department and adopt related budget amendment; Adopt Resolution 05-15, opposing any delay in the construction
of the I-540 Western Wake Expressway.
Item 9d. Receive an update on development of the Windcrest
Subdivision pond recreation area.
Consent
Agenda Items Removed: None.
Other
Changes: None.
5.
Public Hearing: Ordinance 05-01
(05-UDO-01) – Mr.
Jones explained that at the February Technical
Review Committee (TRC) meeting, municipal versus non-municipal utility
facilities (pump stations, wastewater and water treatment plants) as primary or
special exception uses were discussed.
He said talks centered on whether a town project, such as a wastewater
treatment plant, should require a public hearing, since the location of the
facility already has been determined through engineering design as the most
suitable location for that type of use.
Mr. Jones said that staff has prepared
ordinance amendments that would allow for municipal utilities to be allowed by
right within all zoning districts without a public hearing. Mr. Jones said that non-municipal utilities still
would be considered special exceptions and still would require public hearings. He said municipal utilities would require only
staff level review, and not the formal review process by the Planning Board,
Town
He noted that other public buildings, such
as fire stations, community centers, and libraries, still would be considered special
exceptions and still would go through public hearings.
Mr.
Jones said the Planning Board did not make a recommendation since the vote on
whether to recommend approval was a split vote of 4 to 4 (therefore, the tied motion
failed.) The four dissenting voters, he
reported, said they wanted to err on the side of caution to provide as much
public input as possible. The other
four, he reported, said they agreed with staff and the TRC that these types of
facilities receive adequate public exposure through other planning, budget and
design meetings.
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.
Councilman VanFossen asked Planning Board member Joseph
Fanjoy to expound on the Planning Board’s positions. Mr. Fanjoy said the dissenting members felt
there was no compelling reason to make the change – no cost savings, for
instance – so they preferred to keep the process open with full
disclosure. The other members felt, he
said, that because locations of these types of facilities may be pre-determined
by engineering, public hearings would have no real impact on the council’s
decision and would be a futile exercise.
Councilman Dickson said he agreed keeping the process open
was preferable and that he would not be in favor of eliminating any
opportunities for public input.
Councilman Atwell agreed.
Councilman VanFossen pointed out that the reason the TRC
favored the amendment was that it would shave about 60 days off the review
process for these types of facilities.
Councilman Pearson said he felt – like the Planning Board –
evenly divided in his thinking. On one
hand, he said, he generally leans toward always leaving all processes as open
to the public as possible. At the same
time, he said, he understands that certain facilities simply have to be placed
in the most logical place and that public input would not change those
engineering facts.
Action: The Council approved a motion to adopt Ordinance 05-01 to enact UDO Amendments (#05-UDO-01), section 1.18;
sections 2.01 – 2.07; sections 3.02 – 3.06; sections 4.01 – 4.03; and section
11.02; to allow by right certain municipally-owned communication / utility uses
in all districts.
Motion By:
VanFossen
Second
By: Womble
Vote: The motion carried following a 3-2 vote. Councilmen Pearson, Womble and VanFossen
voted for the motion. Councilmen Atwell
and Dickson voted against.
A copy of Ordinance 05-01, (05-UDO-01) is incorporated into these minutes
as addendum pages.
6.
Mr. Schifano briefed the
council on the history of the approval, and he introduced Mr. Frank Floyd, who
addressed the council with his request.
Mr. Floyd deferred to Mr.
Michael Stewart, engineer on the project.
Mr. Stewart said he believed the Town reduced the recreation park fees
when he requested approval of his preliminary plan for
Mr. Stewart said it was
his understanding that the fee was reduced.
Mr. Schifano advised the
council that the applicant’s placing the verbiage on the subsequent plans that
fees were reduced when they were not did not evidence that the council had
reduced the fees.
Mr. Dean said that,
according to the
The minutes also indicate
that the
Mr. Stewart pointed to areas highlighted on
a map illustrating the areas he proposes to dedicate to the Town, and he asked
that the condition to provide additional park fees be removed.
Mr. Dean said that he feels like the
property the developer proposes to dedicate to the Town is property that would
not serve adequately as public park space, and he recommended that the council
not amend its previous approval.
Mr. Schifano cautioned the council about
the phrasing “accepting the open space” because the Town does not want to take
title to this land. He suggested the
motion be phrased, if it is the council’s desire to do so, to waive any future
fees-in-lieu, pursuant to satisfaction of the open space requirement, so long
as the open space is maintained in perpetuity by a homeowners association.
The “reservation of open space,” he
explained, is different. He said the
provision of private park space is worth something, but not worth the Town’s
waiving all the fees, which it needs to provide public park areas and programs
for citizens, including those who live in the subdivision.
The developer’s position, Mr. Stewart said,
is that when the plan was reviewed by the
Since the developer is providing basically
a lot, valued at approximately $32,000, for a tot lot,
Action: The
Motion By:
Atwell
Second
By: VanFossen
Vote: Unanimous
A
copy of the map illustrating the parcels to be reserved as open space 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 Atwell and a unanimous vote. The following actions were affected:
7a. Resolution 05-11 – The Council adopted Resolution 05-11, directing the Town
Clerk to investigate the sufficiency of Annexation Petition 05-05, filed by
SOL, Inc. for the annexation of 104.75 acres and fixing the date of a public
hearing on the question of annexation for
7b. Resolution 05-12 – The Council adopted Resolution
05-12, directing the Town Clerk to
investigate the sufficiency of Annexation Petition 05-06, filed by
7c. Resolution 05-13 - The Council adopted Resolution 05-13 directing the Town
Clerk to investigate the sufficiency of Annexation Petition 05-07, filed by
Mosely Family Ventures I, LLC, for the annexation of 60 acres and fixing the
date of a public hearing on the question of annexation for
7d. Resolution 05-14 - The
7e. Fire Station
Project Amendments – The
7f. Budget Amendment
$90,000 – The
7g.
Road and Sidewalk Projects -
The Council confirmed the Spring 2005 and FY 2005-06 list of road and sidewalk
projects.
7h.
Minutes – The Council approved minutes of the Board’s regular
meeting held on
7j. I-540 Western Wake Expressway, Resolution
05-15 - The Council adopted
Resolution 05-15, opposing any delay in
the construction of the I-540 Western Wake Expressway. A copy
of Resolution 05-15 is incorporated into these minutes as an addendum page.
Ms.
Stephenson said the scope of this project includes construction of two lanes
from
Ms. Stephenson said that once the bid is awarded, the bids
will be forwarded to NCDOT for its May Board of Transportation meeting. Because NCDOT is contributing $400,000 to the
project, the NCDOT Board also must approve the bid award, she said.
Ms. Stephenson said that construction is expected to begin
mid-May, 2005. She said that staff will
be back before the Town
Ms. Stephenson said staff recommends award of the bid for
Action:
The
Motion By:
Womble
Second
By: Dickson
Vote: Unanimous
Copies
of the budget amendments and bid tabulation sheet are incorporated into these
minutes as addendum pages.
9a.
Sunset Ridge North PUD II Amendment, 00-PUD-01-A05 - Mr. Hammerbacher explained that the Town has
received a request for approval of an amendment to the Sunset Ridge North II
Planned Unit Development (PUD) to add approximately three acres to the already-approved
development.
Mr. Hammerbacher said the original approved Sunset Ridge
North PUD II plan consisted of townhomes and four types of single-family
designations ranging from a minimum lot size of 5,850 square feet to a maximum
of 15,750 square feet. He said the
original plan was approved for 535 lots, and the number of lots is not being
modified. He said with the amendment,
the PUD plan provides approximately 31 acres of open space.
A public hearing before the Town
Action:
The
1. Annexation petitions for each phase must
be submitted prior to final plat.
2. Conditions of the original Sunset Ridge North PUD II
approval shall still apply to the amended plans.
Motion By:
Pearson
Second
By: Womble
Vote: Unanimous
9b.
Sunset Ridge North, PUD Phase 7 –
Mr. Hammerbacher said the Town has received a request to amend Phase 7
of Sunset Ridge North PUD, to add six lots to the previously- approved 117
single-family residential development. He said the plan proposes adding approximately
three acres to the existing 54-acre development, for a total of 123 single-family
lots.
Mr. Hammerbacher said staff and the
Planning Board have reviewed the application and recommend approval with
conditions.
Action: The
1. Prior to final plat approval, the
property must be annexed into the Town's corporate limits.
2. The following items are to be included
on construction drawings (later in the approval process):
a. The pond located adjacent to the
project must be labeled on the plan.
b. 100-year flood elevations for the
pond and the streams.
c. Finished floor elevations for
adjacent lots.
Motion
By: Womble
Second
By: VanFossen
Vote: Unanimous
9c.
One-Step,
Ms. Powell said the estimated cost
of providing this voter convenience would be $39 per hour for staff, plus $21
per day for equipment set-up; and $150 for delivery and pick-up of balloting
equipment. She said for the hours proposed,
the operations cost would be approximately $4,800. She noted that there may be additional costs
for the addition of phone lines in the room, if needed.
Ms. Powell said the One-Stop Voting site would be open to
all
The
Action: None.
9d.
Windcrest Pond Recreation Area - Mr. Dean reported
that, in response to discussions at the council’s retreat, Mr. Bradley has
checked into some preliminary costs of master
He said the
He asked the Council if it would
like to proceed with these plans, which were originally scheduled in the
Capital Improvements Plan to occur beginning next year and extending into FY
21007-08.
Action: The
Motion
By: Pearson
Second
By: Womble
Vote: Unanimous
Copies of the Thompson and
Associates and Weeks Turner contracts are incorporated into these minutes as
addendum pages.
Councilman Dickson suggested naming
the pond recreation area in honor of military veterans, both deceased and
living. He said he would like to honor
all veterans, not only those who have died, but also those who are currently
serving or who have served in the past.
Action: The Council approved a motion to name the
Windcrest Subdivision park and pond recreation area “
Motion
By: Dickson
Second
By: Womble
Vote: Unanimous
At this time, Councilman Pearson offered
a word of caution. He pointed out that
he has noticed that the Council in the past few months has moved forward this
year with unbudgeted projects and programs, adopting budget amendments to cover
those costs. He said that many of the
projects were scheduled in the CIP for funding in future years. He said he feels the Town should be careful
in its spending and keep its discipline in handling projects as they can be
afforded. Otherwise, he said, the
Council may have to increase revenues through a tax increase.
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:
Christine Boretti – Ms.
Boretti advised the council of a problem of trespassers at
11.
Other Business:
At this time,
Much discussion followed. During discussion Council members expressed
disappointment in Mr. DeBenedetto for such things as (a summarized list from
discussions during this portion of the meeting and the open portion of the
meeting that followed the Closed Session later in the evening):
n his writing a Letter to the Editor
in November 2004 that was critical of action taken by the Council, especially,
they said, because Mr. DeBenedetto’s allegations in the letter that the Council
had “spot zoned” a piece of property were untrue.
n speaking out in a public meeting saying
that the town’s planning director was unprofessional and lying and seeming to
be generally unsupportive of the planning director.
n setting up a meeting among himself,
another Planning Board member and the planning staff of the Town of Apex after
the town’s planning director had suggested during the Planning Board meeting at
which the issue was discussed that the Planning Board not pursue such action
until the Council had met in its winter retreat and had provided that direction.
n presenting himself as planning board
chairman during the meeting with Apex planning staff and thereby perhaps
reflecting poorly on the Town of Holly Springs and its own planning staff.
n creating, or playing a part in
creating, what seem to have become an atmosphere of contention between the
Council and the Planning Board that has been present for the past few months
since his appointment as chairman.
n
And,
for his role in setting up a public meeting mini-retreat with the Planning
Board that was to have been held in April.
The meeting, however, was suddenly called and scheduled for March 30,
and the location of the meeting was a private members-only golf club dining
room. Council members felt strongly that
any such meetings should be held in public facilities so that all citizens
would feel free to attend.
Councilman VanFossen summarized,
saying that the chairman had not demonstrated very much support of staff or of
the council. He said he felt an advisory
board chairman should be of a mind so that he/she could work effectively with
the Town, and he does not feel that this is the case.
Councilman Dickson said he felt that
a board chairman should behave in a manner mindful of his/her position as a
representative of the Town of Holly Springs and that personal feelings and
opinions should be presented in a responsible way.
Councilman Pearson said he had no
strong feelings about things that have happened in the past, but he feels that
it is not tenable for the chairman of an advisory board to be in conflict with
the Council, who his board advises. For
that reason, he said, he felt that perhaps removing Mr. DeBenedetto from his
post would eliminate some of the roadblocks for the Town’s moving forward with
a Planning Board and Council that is in sync with each other.
Councilman Womble said he agreed
with Councilman VanFossen that the chairman of an advisory board should be able
to work in cooperation with the planning director and the council.
In other discussion, it was decided
that it would not be appropriate for the Council to name a new chairman.
Although Councilman Atwell had
suggested that the Council name Mr. Fanjoy to the position, Mr. Fanjoy said he
was not comfortable with the Council’s position.
He said removing Mr. DeBenedetto
might be viewed by some as heavy-handed and controlling and that it may do more
harm than good. He said that he
understands the Council’s concerns, but that it would put him in an awkward
situation. He added that the personality
difficulties that exist may still be a problem, regardless who is chairman.
Councilman Atwell stressed that he
did not want this move to be perceived as punitive action against the chairman,
although he admitted that it certainly would appear to be so. He clarified that all the history that he
brought up for discussion was more to provide reference for how the Council
feels and what events led up to his suggestion.
He said his main motive, however,
was to help the Town move forward in a more positive way.
Mr. Fanjoy pointed out that the
chairman’s term on the Planning Board would be expiring in December and that
perhaps this action would not be necessary.
As Vice Chairman, the Council
surmised, Mr. Fanjoy would likely rise to the chairmanship of the Planning
Board by default, taking the pressure off of Mr. Fanjoy for having to assume a
Council appointment. The Council
expressed its position that Mr. Fanjoy would be an asset to the Town as
chairman.
In the end, Councilman Pearson said he
is interested in looking to the future.
He said something has to be done because the Planning Board is not in
sync with Town Board and that is a real issue right now. He suggested that to move forward, the
Council had a choice to remove Mr. DeBenedetto or to give a
vote-of-no-confidence.
Action: The Council approved a motion to notify by
letter Mr. Vinnie DeBenedetto that the Council is removing him as chairman of
the planning board, but not removing him as a member of the Planning Board.
Motion
By: Atwell
Second
By: VanFossen
In discussion, the Council stressed
that it should be clarified that its action should in no way be interpreted as
non-support of the Planning Board as a whole and that it has nothing to do with
a February presentation prepared by member Raymond Cordon on Small Area Plans
(which stemmed from the Apex meeting).
Councilman VanFossen said he liked
Councilman Pearson’s phrasing of a “vote-of-no-confidence” and would like that phrasing
added to the motion; however, Councilman Pearson suggested that would be
incorrect since the definition of a vote-of-no-confidence describes a vote with
no other real action, simply a vote expressing no confidence in a person. The council, however, is taking further
action.
Councilman Atwell asked that his support of the Planning Board and of
Mr. Cordon’s presentation be provided with emphasis in the record.
Vote: Unanimous.
12.
Manager’s Report: Mr. Dean reminded Councilmen of
the regional North Carolina League of Municipalities meeting to be held
Thursday morning in Zebulon; he reminded them of the Raleigh Chamber of
Commerce’s Small Business Expo that same day and that the Town of Holly Springs
and the Holly Springs Chamber of Commerce would be hosting a booth at the expo;
he reminded members of the Economic Development golf tournament and reception
to be held next Tuesday; and he asked Councilmen to be thinking of dates in May
on which to hold a budget workshop.
Councilman Pearson asked the Town
Attorney to examine the language of documents provided by the Triangle J
Council of Governments in regard to Time Warner Cable Company.
Councilman Womble thanked council
and staff for memorials for his son.
13. Closed Session: The
Motion By: Dickson
Second By: Atwell
Vote: Unanimous
General Account of Closed Session –
In Closed Session, the Town
The Town Attorney reported that the Town could possibly
settle with the owner of Holly Springs Quality Food Mart over the taking of his
property for road right of way. He reported
on the specifics and received direction from the Council.
The Town Attorney brief the
Mr. Dean said he would be meeting with the Town’s
consultants and higher-level DWQ administrators so that the Town can proceed
with its wastewater treatment plant expansion in early 2006.
Mrs. Sudano reported on changes that need to be made to the Westcott
Subdivision developer agreement in light of credits-for-improvements that were
initially offered. She said some of the
improvements in the agreement have been provided by other developers or by the
town and that the agreement needs to be amended.
-- End General Account
Action: The Council approved a motion to return to
Open Session.
Motion By: Dickson
Second By: Atwell
Vote: Unanimous.
In open session, the
14.
Adjournment: There being no further business for
the evening, the April 5, 2005, meeting of the Holly Springs Town Council was adjourned following a motion by Councilman Atwell,
second by Councilman Womble and a unanimous vote.
Respectfully
Submitted on
_________________________________
Addendum pages as referenced in these
minutes follow and are a part of the official record