Regular Meeting
MINUTES
The Holly
Springs Town
Council Members Absent: None.
Staff Members Present:
2 and 3.
The Pledge of Allegiance was recited, and the meeting opened with an
invocation by Rev. Scooter Glenn of Church Alive.
4.
Agenda Adjustment: The
Motion
By: Dickson
Second
By: VanFossen
Vote: Unanimous
Item
Added to the Agenda: Item 7e.
Consider Recreation Advisory Committee appointments.
Consent
Agenda Items Removed: None.
Other
Changes: None.
5a.
Public Hearing:
Mr. Hammerbacher said the applicant requests that the public
hearing be further continued to allow time to meet with the property owners to
see if the adjustments made will address their concerns.
He said the developer would be ready for Council action in
two to three weeks.
With that explanation completed, Mayor Sears opened the
public hearing to accept sworn testimony and qualified evidence as to whether
the project would meet the requirements to be designated a special exception
use. The deputy town clerk administered
the oath, and the following testimony was recorded:
Armando Nurinda of
There being no further comments, the public hearing was
closed.
Action: The
Motion By:
VanFossen
Second
By: Atwell
Vote: Unanimous
5b.
Public Hearing: Holly Springs
Library and Cultural Center, 05-SEU-02 – Mr. Hammerbacher
said that this proposal is for approval of a Special Exception Use Petition
#05-SEU-02 to construct a library and cultural arts center on a 7.32-acre site,
which is allowed in the TV: Town Village district as a special exception. Mr. Hammerbacher reviewed with the Council
members the location of the library and cultural center and the traffic flow pattern. He said there is a proposed 20 foot perimeter
buffer on the site plan.
Mr. Hammerbacher said the building is to be constructed
primarily of brick and cast stone with a standing seam metal roof system. He said the plan provides a total of 140
parking spaces with 120 of them being located on the site and 20 spaces located
on the realigned
Mr. Hammerbacher said the construction will be approximately
less than 20,000 square feet.
There was much discussion among staff and the Councilmen regarding
the grades of the slope and the roundabouts located on
Mr. Hammerbacher said the Special
Exception Use #05-SEU-02 is compatible with the
- To
allow the maximum front building setback to exceed from 15 to
approximately 50 feet due to grade issues.
- To
decrease the minimum building height from 22 to 18 feet only for certain
portions of the building.
- To
exceed the maximum allowable front yard slope of 3% due to site design and
roadway plans.
- To
allow the building to have less than the 40 percent minimum window, door
or transom requirement since the auditorium portion of the building has
sensitive lighting and acoustical requirements.
With that explanation completed, Mayor Sears opened the
public hearing to accept sworn testimony and qualified evidence as to whether
the project would meet the requirements to be designated a special exception
use. The deputy town clerk administered
the oath, and the following testimony was recorded:
William G. Clark of
Councilman VanFossen said the site plan addresses some of the
traffic control concerns by adding the roundabouts and crosswalks at different
locations on
Susan M. Barry of
Councilman Atwell explained that the contractor will not be
disturbing any of the trees adjacent to her property. There is a proposed 20-foot landscape perimeter
buffer surrounding the site with the exception of one area north of the project
that will be graded for right-of-way up to the property line.
Mr. Hammerbacher reviewed the parking plan with the resident
and said the plan provides a total of 140 parking spaces with 120 of them being
located on the site and 20 spaces located on the realigned
Councilman Dickson said that traffic will increase on
There was much discussion regarding the clearing of the site,
it was determined that the entire site will be graded with the exception of the
20 foot buffer around the perimeter of the property, which will remain
undisturbed, and the contractor will not be clearing or encroaching onto
private property.
James Chandler, a representative of CLH Design of 125
Edinburgh South, Cary, said that the site plan, calls for a proposed 20-foot undisturbed
landscape perimeter buffer with the exception of the northern property line
where grading for the right-of-way will encroach into that 20-foot buffer zone.
There being no further comments, the public hearing was
closed.
Action #1: The
a. The proposed use will not be injurious to the public health, safety, comfort,
community moral standards, convenience or general welfare;
b. The proposed use will not injure or adversely affect the adjacent area;
c. The proposed use will be consistent with the character of the district, land uses authorized therein, and the Town
of
d. The proposed use shall conform to
all development standards of
the applicable district (unless
a waiver of such development standards is requested as
part of the special exception use petition
and approved as set forth above, in which case the proposed use shall conform
to the terms and conditions of such waiver);
e. Access
drives or driveways are or will be sufficient
in size and properly located to: ensure automotive and pedestrian safety and
convenience; traffic flow as set forth in Section 7.09 – Pedestrian Circulation
and Vehicular Area Design; and, control and access in case of fire or other
emergency;
f.
Off-street parking areas, off-street loading areas, trash enclosures, trash pick-up and
removal, and other service areas are located so as to be safe, convenient,
allow for access in case of emergency, and to minimize economic, glare, odor,
and other impacts on adjoining properties and properties in the general
neighborhood;
g. The lot, building or
structure proposed for the use has adequate restroom facilities,
cooking facilities, safety equipment (smoke alarms, floatation devices, etc.),
or any other service or equipment necessary to provide for the needs of those
persons whom may work at, visit or own property nearby to the proposed use;
h. Utilities, schools, fire, police and
other necessary public and private facilities and services will be adequate to
handle the needs of the proposed use;
i.
The
location and arrangement of the use on
the site, screening, buffering, landscaping, and pedestrian ways harmonize with
adjoining properties and the general area and minimize adverse impacts; and,
j.
The
type, size and intensity of the proposed use
(including but not limited to such considerations as the hours of
operation and numbers of people who are likely to utilize or be attracted to
the use) will not have
significant adverse impacts on adjoining properties or the neighborhood.
Motion By:
VanFossen
Second
By: Atwell
Vote: Unanimous
Action #2: The
(1) The carrying out of the strict
letter of this UDO will result in practical difficulties in the development of
the property included in the petition;
(2) Approval will observe the spirit
of this UDO;
(3)
Approval will secure public safety and welfare;
(4)
Approval will provide substantial justice;
(5)
(a) There are exceptional conditions pertaining to the particular piece of
property in question because of its shape, size, or topography, that are not
applicable to other lands, buildings or
structures in the same district, or (b) There is a peculiar
characteristic of a proposed use which makes the application of certain
development standards of this UDO, as requested in the petition for variance of development standards,
unrealistic;
(6)
Granting the variance requested
will not confer upon the applicant any special privileges that are denied to
other owners or residents of the district
in which the property is located;
(7)
A literal interpretation of the provisions of this UDO would deprive the
applicant of rights commonly enjoyed by other owners or residents of the district in which the property is
located;
(8)
The requested variance will be
in harmony with the purpose and intent of this UDO and will not be injurious to
the neighborhood or to the general welfare;
(9)
The special circumstances giving rise to the variance request are not the result of the actions of the
applicant; and,
(10) The variance requested
is the minimum variance that
will make possible the legal use of
the land, building or structure.
Motion By:
VanFossen
Second
By: Atwell
Vote: Unanimous
Action #3: The Council, having made findings of fact that the Petition
meets the requirements, motion to grant a waiver of regulations of UDO Section
3.03, B., 2., a., Town Village District, to allow the building to exceed the
minimum front setback of 15 feet to approximately 50 feet for Special Exception
Use Petition #05-SEU-02
Motion By:
Dickson
Second
By: Atwell
Vote: Unanimous
Action #4: The
(1)
The carrying out of the strict letter of this UDO will result in practical
difficulties in the development of the property included in the petition;
(2) Approval will observe the spirit
of this UDO;
(3) Approval will secure public
safety and welfare;
(4) Approval will provide
substantial justice;
(5)
(a) There are exceptional conditions pertaining to the particular piece of
property in question because of its shape, size, or topography, that are not
applicable to other lands, buildings or
structures in the same district, or (b) There is a peculiar
characteristic of a proposed use which makes the application of certain
development standards of this UDO, as requested in the petition for variance of development standards,
unrealistic;
(6)
Granting the variance requested
will not confer upon the applicant any special privileges that are denied to
other owners or residents of the district
in which the property is located;
(7)
A literal interpretation of the provisions of this UDO would deprive the applicant
of rights commonly enjoyed by other owners or residents of the district in which the property is
located;
(8) The
requested variance will be in
harmony with the purpose and intent of this UDO and will not be injurious to
the neighborhood or to the general welfare;
(9) The
special circumstances giving rise to the variance
request are not the result of the actions of the applicant; and,
(10) The variance requested is the minimum variance that will make possible the
legal use of the land, building or structure.
Motion By:
VanFossen
Second
By: Atwell
Vote: Unanimous
Action #5: The Council, having made findings of fact that the Petition
meets the requirements, motion to grant a waiver of regulations of the UDO
Section 3.03, B., 4., a., Town Village District, to allow for a decrease in the
minimum building height from 22 to 18 feet for Special Exception Use Petition
#05-SEU-02,
Motion By:
VanFossen
Second
By: Atwell
Vote: Unanimous
Action #6: The
(1) The carrying out of the strict letter of this UDO will
result in practical difficulties in the development of the property included in
the petition;
(2)
Approval will observe the spirit of this UDO;
(3)
Approval will secure public safety and welfare;
(4)
Approval will provide substantial justice;
(5)
(a) There are exceptional conditions pertaining to the particular piece of
property in question because of its shape, size, or topography, that are not
applicable to other lands, buildings or
structures in the same district, or (b) There is a peculiar
characteristic of a proposed use which makes the application of certain
development standards of this UDO, as requested in the petition for variance of development standards,
unrealistic;
(6)
Granting the variance requested
will not confer upon the applicant any special privileges that are denied to
other owners or residents of the district
in which the property is located;
(7)
A literal interpretation of the provisions of this UDO would deprive the
applicant of rights commonly enjoyed by other owners or residents of the district in which the property is
located;
(8)
The requested variance will be
in harmony with the purpose and intent of this UDO and will not be injurious to
the neighborhood or to the general welfare;
(9)
The special circumstances giving rise to the variance request are not the result of the actions of the
applicant; and,
(10) The variance requested is the minimum variance that will make possible the legal use of the land, building or structure.
Motion By:
VanFossen
Second
By: Atwell
Vote: Unanimous
Action #7: The Council, having made findings of fact that the Petition
meets the requirements, motion to grant a waiver
of regulations of UDO Section 3.03, B., 3., (2), (c), Town Village District, to
allow the front yard slope to exceed three percent for Special Exception Use
Petition #05-SEU-02,
Motion By:
VanFossen
Second
By: Dickson
Vote: Unanimous
Action #8: The
Motion By:
VanFossen
Second
By: Dickson
Vote: Unanimous
(1) The
proposed development represents the use of building materials, colors, textures, building architecture, roof features, façade modulation, building orientation, signs, landscaping, lighting or open space, which will result in a
development pattern that is equivalent to or superior to that achievable under
the applicable regulations;
(2)
The proposed development will be compatible with and will enhance the use or value of area properties;
(3)
The proposed development is consistent with the intent of the Comprehensive Plan; and,
(4)
The proposed development is consistent with the intent and purpose of this UDO.
Action #9: The Council, having made findings of fact that the Petition
meets the requirements, approved motion to grant a waiver of regulations of UDO
Section 3.03, C., 1., c., (3), (a), (iv), Town Village District, to allow the
building to have less than the 40% minimum window, door or transom requirement
for Special Exception Use Petition #05-SEU-02, Holly Springs Library &
Cultural Arts Center.
Motion By:
VanFossen
Second
By: Dickson
Vote: Unanimous
Action #10: The
1.
A
UDO Permit for sign installation shall be obtained from the
2.
The
following items are to be provided prior to first construction drawing
submittal:
a.
Evaluation
of off-site downstream drainage conditions for the 100-year existing and
proposed conditions.
3.
The
following items are to be included on construction drawings (later in the
approval process):
a.
Details
and calculations of subsurface detention review contingent on item 1a.
Motion By:
Atwell
Second
By: Dickson
Vote: Unanimous
A copy of Special Exception Use
Petition #05-SEU-02 is incorporated into these minutes as addendum pages.
5c.
Public Hearing: Annexation A05-08
– Mr. Jones said
the Town has received a petition for voluntary annexation of 14.261 acres
abutting the existing Wescott Subdivision and
Mr. Jones said the developer has requested the
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: None at this time.
5d.
Public Hearing: Zoning Petition
05-REZ-07 – Mr.
Jones said the Town has received rezoning petition 05-REZ-07 requesting the
Town to rezone 14.261 acres south of Wescott
Subdivision from R-30 residential upon annexation to R-10 residential. He said the property is located outside of
Mr. Jones said the proposed zone change is
in conformance with the Land Use Element of the Comprehensive Growth Plan,
which designates this area for medium-density residential development.
He reported that the Planning Board had reviewed the
petition and recommends approval.
Councilman VanFossen said that regarding one of the Planning
Board’s comments in agenda packets, he needed clarification on the statement
that the length of the dead-end street does not meet the towns’ standards. Ms. Goodson explained that comment refers to
the maximum length of a dead-end street not to exceed 1,000 feet. She said the proposed dead-end street located
on the plan exceeds the 1,000-foot requirement.
She said town staff will be working with the developer as he submits development
plans.
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
#1: The
Motion By:
VanFossen
Second
By: Atwell
Vote: Unanimous
A copy of Annexation Ordinance
A05-08 is incorporated into these minutes as addendum pages.
Action
#2: The
Motion By:
VanFossen
Second
By: Womble
Vote: Unanimous
5e.
Public Hearing: Zoning Petition
05-REZ-08 – Mr. Jones said the Town has received rezoning
petition 05-REZ-08 requesting the Town to rezone
20.45 acres at the intersection of S. Main Street and Hwy. 55 By-pass south
from CB: Community Business to R-MF-8: Multi-Family residential.
Mr. Jones said that the property is located
in the ETJ of Holly Springs, and the request is in conformance with the Land
Use Element of the Comprehensive Growth Plan, which designates this area for
very high-density residential development.
He reported that the Planning Board had reviewed the
petition and recommends approval.
Councilman VanFossen said that he would look favorably on
the development of the proposed property if the realignment of
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded:
Phillip Stephens a representative of Stephens Property
Group, LLC – Mr.
Stephens, who owns a 3.39-acre parcel east of
Mr. Stephens said that he was advised of discussions to
extend Grigsby Avenue in a westerly direction through his 3.39-acre parcel on
the east side of Main Street and continuing west across Main Street through the
20.45-acre tract of land and connecting at Avent Ferry Road. Mr. Stephens said that the Town’s
Thoroughfare Update plan shows an intersection re-alignment and a potential
traffic circle at that location. He said
he has no problem with the re-alignment of
However, he said the Thoroughfare Plan does not show Grigsby
Avenue crossing Main Street, and he objects to the proposed extension of
Grigsby Avenue continuing westward through the 20.45 acres and connecting to
Avent Ferry Road. He said the property
is in the process of being sold and requests the Town to consider granting the
zoning change and abandon the idea of extending
There being no further comments, the public hearing was
closed.
Action: The
Motion By:
Pearson
Second
By: Dickson
Vote: Unanimous
5f.
Public Hearing: Zoning Petition 05-REZ-09
– Mr. Jones said the Town has received rezoning
petition 05-REZ-09 requesting the Town to rezone
6.72 acres on S. Main Street, immediately south of the 55 Bypass and S. Main
Street intersection, from R20: Residential to CB: Community Business. He said the property is located in the ETJ of
Holly Springs, and the request is in conformance with the Land Use Element of
the Comprehensive Growth Plan, which designates this area for mixed-use
development.
He reported that the Planning Board
had reviewed the petition and recommends approval.
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:
Womble
Second
By: Atwell
Vote: Unanimous
5g.
Public Hearing: Scot’s Laurel
Townhomes Amendment, 03-DP-08-A02 – Mr. Hammerbacher explained to the Council that the
petitioner requests approval of an amendment to the Scot’s Laurel master plan, which
was designed using development incentives for R-8: Residential for property
located on Kildaire Farm Road. He said the
development incentives plan was approved for 145 lots, which includes 58
townhomes and 87 single-family homes.
Mr. Hammerbacher said the townhomes were previously approved
by the Council on
Mr.
Hammerbacher reviewed the revised rear architectural elevations for the
townhomes adjacent to
Councilman Atwell asked if staff is comfortable with the
change in elevations, since this area is considered a gateway into town. Mr. Hammerbacher said staff believes the
design of the modifications made to the roof line is considered an improvement
in comparison to the previous approved plan.
He reported that the Planning Board had reviewed the
petition and recommends approval.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded:
Bruce Whitten of Lennar, the developer – Mr. Whitten said he has worked
with the town staff and feels the amendments to the front and rear building
elevations would be an improvement to the site.
Councilman Atwell said that he appreciates the developer’s
working with town staff, but he does not like the proposed rear elevations.
There being no further comments, the public hearing was
closed.
Action: The
1. The developer will continue to work with staff to resolve
the
2. Prior to Final Plat, the following must
be completed:
a. Payment of fees-in-lieu of land dedication in
the amount of $833/unit.
3. All conditions
originally set forth in the approval by Town Council for Scot’s Laurel
Townhomes #03-DP-08, on
Motion By:
Womble
Second
By: VanFossen
Vote: The motion carried with a vote of 3-2. Councilmen Pearson, Womble, and VanFossen
voted for; and Councilmen Dickson and Atwell voted against.
5h.
Public Hearing: Ordinance 05-05,
(UDO Amendment 05-UDO-04) – Mr. Jones explained that at the April Technical Review Committee (TRC) meeting,
the Committee discussed parking requirements of warehouse and distribution use
districts.
Mr. Jones said the Committee recently approved
a plan for OFM located in the
Mr. Jones said that staff agreed to look at
the parking requirements for the warehouse/distribution use districts to see
what the Town has done in the past, and what other municipalities may be
requiring. He said the TRC agreed that
for a use of this type and with the number of employees potentially at the
business and businesses like this one, a change should be made to the UDO to
reinstate the regulations of the Town's old zoning ordinance -- 1 space for
every 5,000 gross square feet of floor area.
He said that the TRC also
recommends that verbiage be added to provide for warehouse/distribution uses
that employ larger numbers of staff and store parked company vehicles overnight
at the site.
He reported that the Planning Board had reviewed the proposed
ordinance and recommends approval, following a 6-1 vote. Mr. Jeff said the Planning Board’s major concern
was the decrease in the required parking spaces.
After much discussion among the Councilmen and town staff,
it was suggested to table the ordinance to do additional research on parking
space requirements in warehouse or big box districts.
Councilman Atwell agreed with Planning Board member Raymond Cordon’s
comment that the Town of
Ms. Bobber said that the current standard does not allow
granting waivers for increasing or decreasing parking spaces for this district.
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 Atwell said that he opposes the ordinance amendment
and suggested that the Town leave the ordinance as it is written.
Action: The
Motion By:
Womble
There was a lengthy discussion among the Council members
regarding the current UDO parking requirements for warehouse or big box distribution
districts to attempt reaching a balance of parking spaces for these types of
businesses.
At this time Councilman Womble made a motion to call the previous
question.
Second
By: Pearson
Vote: The motion to defer action on the ordinance failed
following a 2-3 vote. Councilmen Womble
and Pearson voted for the motion.
Councilmen VanFossen, Atwell and Dickson voted against.
Action: The
Motion By:
VanFossen
Second
By: Atwell
Vote: The motion carried following a 4-1 vote. Councilmen Dickson, VanFossen, Atwell and
Pearson voted for the motion to not adopt the proposed ordinance. Councilman Womble voted against the motion.
At this time, Ms. Bobber requested that the Council clarify
the Board’s motion for development plan #03-DP-08-A02 for Scot’s Laurel
Townhomes amendment. She pointed out
that the conditions that were presented to the Board in the presentation were
different from the conditions that the Council members reviewed in the agenda
packets.
Consensus:
The Council members were in agreement with the conditions that were
presented in the meeting for Development Plan #03-DP-08-A02 for Scot’s Laurel
Townhomes: 1. The Ness Drive right of way/entrance issues must be resolved
prior to 25% if the CO’s being issued.
2. Prior to Final Plat, the following must
be completed:
a. Payment of fees-in-lieu of land dedication in
the amount of $833/unit.
3. All conditions
originally set forth in the approval by Town Council for Scot’s Laurel
Townhomes #03-DP-08, on
5i.
Public Hearing: Ordinance 05-06,
(UDO Amendment 05-UDO-05) – Mr. Jones said also at the April’s Technical
Review Committee (TRC) meeting, the Committee discussed encroachments for uncovered stairs and steps
in the front yard setbacks. He said that
when the UDO was adopted, the provision for minimal encroachments of uncovered
stairs and steps was eliminated.
Mr. Jones said that the TRC directed staff
to create an ordinance amendment that would allow for minimal encroachment of
uncovered stairs and steps in the front yard setback and meet the building code
requirements.
He reported that staff recommends approval, and the Planning
Board recommends approval following a 4-3 vote.
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:
Womble
Councilman VanFossen asked Mr. Cordon of the Planning Board
what was his major concern with the proposed ordinance amendment.
Mr. Cordon said that his main thoughts were there should be
a set maximum for encroachment and felt that the stairs and steps might
encroach into the right of way and would interfere with the safety of the
pedestrian traffic.
Mr. Jones said that another concern of the Planning Board
was the language used such as “meeting the building code requirement” and that there
should be a limited distance such as 6’ or 8’.
He said the builder could always turn the stairs sideways or at other
angles.
Mr. Jones suggested that the Council consider and compare the
setbacks in existing Planned United Developments that have a 5-foot setback
requirement.
There was further discussion
regarding encroachments being an issue of enforcement, and staff was in
consensus that it would not be an issue that could not be handled.
Second
By: Pearson
After further discussion about adding a distance factor to
the encroachment of steps and stairs, it was determined not to add the distance
factor.
Vote: Unanimous
A copy of Ordinance 05-06, (UDO
Amendment 05-UDO-05) is incorporated into
these minutes as addendum pages.
6.
Consent Agenda: All
items on the Consent Agenda were approved following a motion by Councilman Womble
a second by Councilman VanFossen and a unanimous vote. The following actions were affected:
6a. Budget Amendments 67 - 121 – The
6b. Budget Amendments – The
6c.
Budget Amendments - The
6d.FY
2005-06 Budget – The Council set a public hearing on the proposed FY
2005-06 budget for
6e.
Resolution 05-18 – The Council adopted Resolution 05-18 declaring 1996
ambulance surplus property and authorizing its sale. A copy of Resolution 05-18 is
incorporated into these minutes as addendum pages.
6f. Minutes – The Council approved minutes of
the Board’s regular meeting held on
6g. Fire Station Contract Change Order – The
Council approved a
change order to the fire station construction contract in the amount of $22,635
to cover work related to drainage improvements on the site. A copy
of the construction contract change order is incorporated into these minutes as
addendum pages.
7a.
Policy Statement P-027, Schematic Infrastructure Plans –
Ms. Sudano explained to the Town Council that staff has been working
with several developers and Council members since last year in formalizing a
policy statement of schematic infrastructure layouts for critical intersections
in Town. She said the infrastructure
plans will provide guidelines for transportation and utilities at these
locations. She said that it will unify
infrastructure as development occurs so that it supports the overall vision of
roadway interconnectivity, compatibility with thoroughfare median breaks,
control of access points, and water and sewer coverage for these target areas.
Councilman VanFossen recommended town staff to include
Action:
The
Motion
By: Atwell
Second
By: Dickson
Vote: Unanimous
A copy of Policy Statement P-027,
Schematic Infrastructure Plan is incorporated into these minutes as addendum
pages.
7b.
Ms. Stephenson said the project is being funded partially
through a Holly Pointe developer agreement, approved for the Holly Pointe
Subdivision, and then additionally through the collection of development fees
from other developments. She said the
pump station design life is estimated to be 7 to 10 years, with interim upgrade
of pumps only.
Ms. Stephenson reviewed the three phases of development of
the pump station. She said that
construction of the project is to begin July 2005 and is to be completed by
March 2006, per the developer agreement.
Action:
The
Motion
By: VanFossen
Second
By: Womble
Vote: Unanimous
7c.
Ms. Sudano said that because these roads are under NCDOT's
maintenance, the Town does not receive Powell Bill funds for the costs that the
Town is incurring for repairing NCDOT's roadways.
Ms. Sudano said that town staff has assembled a list of the
following proposed roads for NCDOT to release from maintenance:
-
- Center
Street (from
Ms. Sudano said that once NCDOT relinquishes these roadways
from their system, the Town will be responsible for the maintenance of the
roadways, and the Town will be able to receive Powell Bill funds for the
additional miles of roadway. She said also,
any improvements or modifications to these streets would be under the control
of the Town; however, they would no longer be eligible for NCDOT grants.
Action:
The
Motion
By: Womble
Second
By: VanFossen
Vote: Unanimous
A copy of Resolution 05-16 is
incorporated into these minutes as addendum pages.
7d.
Western Wake Regional Wastewater Management Facility Project Contract
Amendment – Ms.
Sudano explained to the Council that this request is to consider a proposed
contract amendment to the SCIMP task (no. 4) of the current contract between
the Town of Holly Springs and Wake County and additional cost of $20,202 for
engineering services for the regional wastewater facility.
Ms. Sudano said the additional monies are to cover
additional work that was required to get the SCI plan finalized and a budget
amendment will be forthcoming at the June 7, Town Council meeting to cover the
additional cost.
Action:
The
Motion
By: Atwell
Second
By: Womble
Vote: Unanimous
A copy of CDM contract is
incorporated into these minutes as addendum pages.
7e.
Recreation Advisory Committee Appointments – Councilman Dickson said at the last
Recreation Advisory Committee meeting, the Committee recommended the Council
appoint a new member and reappoint two members
whose terms are to expire
Councilman Dickson said that the Committee
also recommends the removal of member Adrienne Willingham. whose term expires
Action:
The
Motion
By: Dickson
Second
By: Atwell
Vote: Unanimous
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:
Jonathan Gibbons,
9. Other Business: Councilman Pearson said that he was concerned
that he did not get an opportunity to review the house bill that recently passed
by the General Assembly regarding public bid requirements. He was concerned that this will increase the
construction cost of new developments and infrastructure improvements.
Councilman VanFossen asked about the status of the pending condemnation
legislation. Mr. Schifano said the legislation
will be before the General Assembly for consideration within three to four
weeks.
Councilman Dickson gave a report on the
Councilman Womble asked if staff could research the possibility
of erecting directional signs along the NC 55 Bypass giving directions to the Town
Hall and the Police Station. He suggested
placing a sign at the intersection of NC 55 Bypass and
10.
Manager’s Report: For their information, Mr. Dean
distributed the current and prior year fees dedicated to the reserve and the
general fund revenues and expenditures.
Mr. Dean said the Town was recently awarded $24,500 in grant
money from NC DOT to develop plans for improving pedestrian passageways throughout
the Town. He said the Town is to provide
$10,500 in matching funds toward the project, which will be complete by
December, 2006.
Mr. Dean said that staff did not have the complete
information ready at the Town’s May 10 budget workshop for the Board to
consider the odor control improvements for the pump stations. Mr. Dean said that staff has included $70,000
in the FY 2005-06 Budget to cover the cost of improvements to two pump
stations.
11. Closed Session: The Council approved a motion to enter into
Closed Session, pursuant to G.S. 143-318.11(a)(3) to consult with the Town
Attorney regarding the negotiation of land acquisition for a pump station and
the Town of Holly Springs vs. Thompson
Contracting case.
Motion
By: Atwell
Second
By: Dickson
Vote: Unanimous
General Account Closed
Session May 17, 2005
In Closed Session, the Town Council gave
direction to the Town Attorney to work with the property owners in acquiring land
for the pump station. The Town Council also
directed the Town Attorney to proceed forward regarding the case of The Town of Holly Springs vs. Thompson
Contracting, Notice of Appeal.
Action: The Council approved a motion to return to Open Session.
Motion By: Dickson
Second
By: Atwell
Vote: Unanimous.
Mr. Dean informed and invited the
Council members to the Rockin’ at the Crossing event to be held at the Holly
Springs Crossing shopping center on June 30 from
12.
Adjournment: There being no further business for
the evening, the May 17, 2005, meeting of the Holly Springs Town
Respectfully
submitted on
_________________________________
Addendum pages as referenced in these
minutes follow and are a part of the official record