Holly Springs Town Council

Regular Meeting

June 7, 2005

MINUTES

The Holly Springs Town Council met in regular session on Tuesday, June 7, 2005, in the Council Chambers of Holly Springs Town Hall, 128 S. Main Street. Mayor Dick Sears presided, calling the meeting to order at 7:00 p.m. A quorum was established as the mayor and all five council members were present as the meeting opened.

Council Members Present: Councilmen Ernie Pearson, Parrish Womble, Chet VanFossen, Peter Atwell and Hank Dickson, and Mayor Sears.

Council Members Absent: None.

Staff Members Present: Carl Dean, town manager; Chuck Simmons, assistant town manager; John Schifano, town attorney; Joni Powell, town clerk (recording the minutes); Gina Bobber, director of planning and zoning; Scott Hammerbacher, planner; Jeff Jones, planner II; Kendra Stephenson, senior engineer; Stephanie Sudano, director of engineering; Len Bradley, director of parks and recreation; Drew Holland, finance director; Thomas Tillage, director of water quality; Luncie McNeil, director of Public Works; Cecil Parker, chief of public safety; Ricky Blackmon, director of building code enforcement; Jenny Mizelle, director of Economic Development; and Erika Phillips, director of human resources.

2 and 3. The Pledge of Allegiance was recited, and the meeting opened with an invocation by Luncie McNeil, director of public works.

4. Agenda Adjustment: The June 7, 2005 meeting agenda was adopted with changes, if any, as listed below.

Motion By: Dickson

Second By: Atwell

Vote: Unanimous

Items Added to the Agenda: None.

Consent Agenda Items Removed: Item 6c, Resolution 05-20, was removed from the agenda for action at a later date.

Other Changes: None.

5a. Public Hearing: Bridgewater Recreation Center, 05-SEU-01 – Mr. Hammerbacher said the public hearing for Special Exception Use application for Bridgewater Recreation Center remains open from the April 19, May 3 and May 17 Town Council meetings. The public hearing was continued to allow the applicant time to meet with the adjacent property owners to address their concerns over the proposal. Mr. Hammerbacher reminded the Council that public hearing testimony from neighboring property owners was mostly not in favor of the proposal, due to lack of screening, privacy, sound control and traffic concerns in the recreational area’s parking lot.

Mr. Hammerbacher said that at agenda packet deadlines for the May 17 meeting, the applicant had advised the town that he had reworked the landscaping plan and was ready to meet with adjacent property owners to show them the new plan that features a 4- to 6-foot berm with additional landscaping and fencing.

With that explanation completed, Mayor Sears opened the public hearing to accept sworn testimony and qualified evidence. Speakers spoke under oath administered by the Town Clerk. The following testimony was recorded:

Tom Spaulding, representing the applicant – Mr. Spaulding showed the Council the amended site plan, which featured landscaping changes that were provided at the request of neighboring property owners. He said the applicant also is decreasing lighting wattage in the parking area to 200 watts and is offering to lower the height of the light poles to 15 feet.

Mr. Spaulding said head had met with adjacent property owners and feels that they are satisfied with the changes.

Armanda Nurinda, 109 Arbortree Ct. – Mr. Nurinda said the applicant has been responsive to neighbors’ requests, and he agreed that the landscaping changes and lowering of the light poles was great; however, the fence featured on the amended plan is vinyl, and the residents would prefer that the fence be of wood in keeping with his subdivision’s covenants.

In the end, he said, neighbors were still concerned that the siting of the swimming pool so close to their properties would have a negative impact on their property values.

There being no further comments, the public hearing was closed.

In discussion, Councilman Atwell asked if this site was always planned as the recreational site for Bridgewater.

Mr. Spaulding explained that the piece was not part of the original Bridgewater development. He explained that the developer made a road connection, which divided the parcel on which the recreational center is planned into two pieces. The developer then opted to site the recreational center on one piece.

Councilman Womble asked how many property owners would be affected by the siting of the pool at this location. Mr. Hammerbacher said about 10 lots, three of which are immediately adjacent.

Councilman Atwell said he was not aware of any other developments whose recreational sites were located at the edge of their developments so as to impose an impact on residents of another development.

Councilman VanFossen said he felt that it was not fair to the homeowners in Arbor Creek who bought their properties before the Bridgewater recreational center was planned to back up to their backyards.

He added that he would have no problem with the parcel’s being developed with houses instead of a recreational center; however, with the neighboring truss plant and with engineering issues, residential development might not be feasible.

Councilman Atwell said it would be even better if the property were left open as passive open space (in addition to an active recreational space to be located elsewhere in the site.)

In order to grant the Special Exception Use permission, the Council would first have to make certain findings of fact, pursuant to provisions of the Town’s Unified Development Ordinance. The findings that would have to be made and accepted by the Council are:

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 Holly Springs Comprehensive Plan;

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.

Action: The Council approved a motion that it finds that the testimony and evidence presented during the hearing indicate that the following two findings of fact could not be made:

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: Atwell

Second By: Dickson

Vote: Unanimous

Having determined that the application did not adequately meet the necessary findings of fact, the Council approved a motion to deny Special Exception Use Petition #05-SEU-01 for Bridgewater Recreation Center:

Motion By: Atwell

Second By: Womble

Vote: Unanimous

5b. Public Hearing: FY 2005-06 Budget Ordinances 05-07 and 05-08 - Mr. Holland provided an overview of the proposed FY 2005-2006 operating budget, which represents input provided from the public at a pre-budget hearing held on March 15 and input from town staff and officials from the May 10 budget workshop.

If the budget is approved, Mr. Holland said, the General Fund would balance at $13,274,000, and the Utility Fund would balance at $6,263,000. The ad valorem tax rate would remain at 53 cents per $100 valuation, and solid waste collection and water and sewer rates would remain the same as last year. He pointed out, however, that there would be a $1 per month increase per household for yard waste collection in order to defray the Town’s cost in financing a new leaf truck and hiring personnel to staff it.

More details of the budget are described in the Town Manager’s budget message, which is as follows:

“The Town of Holly Springs has experienced a great deal of positive growth over the past several years, enhancing the Town’s ability to improve services provided to its citizens. As our Town continues to develop, a vision should be maintained as to how the community will grow while maintaining the quality of life expected by its citizens. This vision should include quality services, programs that address the needs of citizens, economic development in keeping with our community, and adequate infrastructure to meet the requirements of our growing Town. The proposed budget is designed to meet these needs during the next year. Highlights of FY 2005-2006 Budget are as follows:

Revenues – General Fund

A. Ad Valorem Taxes: Figures are based on a 97% collection rate with an approximate tax base of $1,190,828,416 and a tax rate of $.53 per $100 valuation.

B. State Revenues: The state-shared revenues are estimated based on previous years’ collections.

C. BFI Franchise: The budget does not reflect BFI franchise fees, which will be collected and restricted outside the operating budget.

D. Solid Waste Fees: No increase in garbage or recycling rates is included in this budget. Additional $1 per month per household for yard waste to finance leaf truck and position.

E. Fund Balance: We have appropriated $475,000 from Fund Balance, which will fund capital items and one-time project costs. This will ensure basic operating expenditures are covered with recurring revenues and, should you wish to reduce fund balance, you can eliminate capital items.

F. Powell Bill: $141,300 has been obligated from Powell Bill reserves to cover costs of additional funding for the ongoing transportation projects.

Revenue – Utility Fund

A. Water & Sewer Sales: An increase of $.50 per customer to the water and sewer monthly access fee is proposed in the FY 2005-2006 Budget. We are recommending all sewer capacity replacement fees be restricted outside of the operating budget for future capital needs. Please keep in mind that we need to prepare financially for the upcoming WWTP expansion, which this change will facilitate.

B. Fund Balance: $383,000 has been appropriated from Fund Balance to cover capital items and one-time project costs. We will utilize the same process as discussed in the General Fund.

Expenditures – General Fund

A. All capital items have been appropriated, and a list has been provided of each department’s requests for your review.

B. A total of four (4) new positions have been proposed in this budget: project analyst and IT technician (Administration), public works technician II (Sanitation), and parks & recreation technician (Parks & Recreation).

C. This budget includes contributions to nonprofit organizations of $20,000 to be designated as the Council so desires, a $15,000 contribution to the Holly Springs Chamber of Commerce, and a $4000 contribution to TRACS.

D. All debt service requirements have been appropriated in this budget to meet our debt obligations. The statement of debt is included for your review.

Expenditures – Utility Fund

A. All capital items have been appropriated and a list of each department’s requests is provided for your review.

B. One (1) new position has been proposed in this budget: equipment operator (water distribution).

C. All debt service requirements have been obligated in the FY 2005-2006 budget.

Other Highlights

Salary requirements for next year include a recommended 3% cost of living adjustment (COLA) across the board. Funding is provided in each department for merit/performance pay in the amount of 3% of salaries. The salary budget also includes a 5% 401(k) contribution and longevity benefits.

Employee health insurance has been budgeted at a 6% increase in the rates for next year.

With the current economic environment, our goal is to create a budget that will maintain and improve services to citizens while still controlling the costs for these services. I feel the Town of Holly Springs has a solid and conservative budget for next year.

As part of the budget process, the staff feels it is important to have new residential developments absorb additional expenses for infrastructure rather than passing cost on to existing citizens. To that end, we have increased water & sewer capacity fees from $3,000 to $3,500 in order to address immediate infrastructure needs. In addition, we have removed sewer capacity fees from the operating budget to go directly into reserve accounts. It is important that the Town gradually reduce its dependence on impact fees and charges for operating expenses, and we will continue to attempt to reduce these charges in future budgets to eliminate potential financial problems within the operating budget.

I have included with your budget the departmental worksheets we used in developing this budget proposal. I hope this will provide you with a better overview of the process and issues discussed during the budget-balancing procedure.

As we proceed into the next several years, we will continue to evaluate projects and personnel needs as they relate to the provision of services. We have several substantial projects (WWTP, library/cultural arts center, fire station) which will be initiated during this fiscal year; therefore, it will be important to prioritize programming needs with future budgets. We will continue to work with Council, staff, and citizens to establish our goals and objectives as the Town grows to provide the level of services expected.

As mentioned previously, we have several major projects currently underway, including the wastewater treatment plant, library/cultural arts center, fire station, Holly Springs High School Park Project, completion of ball fields at Womble Park, and the stacking lane at Holly Springs Elementary, which will limit additional projects next year. Enclosed is a breakdown and status on existing projects for your review and discussion.

Town staff has been instrumental in the development of this document, and I feel they have done a good job of controlling costs while providing service levels expected by the Town Council and our citizens. This budget is my best estimate of what we should expect next year, and I feel it represents a fair assessment of our anticipated revenues and expenditures.

This budget reflects my recommendations based on department meetings, evaluation of existing service needs, and input from Town Council. I would like to say a special thanks to our department heads—especially Finance Director Drew Holland—for their time and effort in the preparation of this document. Without their help, this budget could not have developed to address both present and future service needs.

The FY 2005-2006 Budget represents a level of funding that will allow the Town to maintain and improve current service levels while making organizational changes, which should be cost effective and more efficient. It is important to note that with any budget external forces can affect these projections, and it is for that reason that the figures proposed in the FY 2005-2006 Budget are a very conservative forecast of our revenues and expenditures for the next year.” – End of the Town Manager’s budget message, as quoted from the proposed budget document.

With that explanation completed, Mayor Sears opened the public hearing to accept input. The following comments were recorded:

Vinnie DeBenedetto, 4445 Lake Flower Dr. -- Mr. DeBenedetto concluded his remarks asking the Council if it has a vision for the Town and if a tax rate increase is expected for the next fiscal year following FY 2005-06.

Mr. Dean said the Town has its projects identified, prioritized and the financing is projected out for the next five years. The Town is not projecting any tax increases for the next five years, he added.

Guy Meilleur, 2020 New Hill Road – Mr. Meilleur said he opposes the siting of Western Wake Wastewater Treatment Plant in the New Hill community.

Jeff Hook, 468 Texanna Way -- Mr. Hook made some observations on the budget and concluded with his input that, among other things, he is concerned about the Town’s debt service. He said he did not feel the Town had budgeted enough funding for economic development efforts. He said he was specifically concerned about the Town’s “discretionary spending,” printing costs, office supplies costs and vehicles. In example, he pointed out that it appears from the budget requests compared to the final budget proposal that an ambulance was requested for inclusion in the budget for $150,000, but was eliminated.

Mr. Dean explained that the ambulance request was eliminated because the Town was able to purchase one in this year’s budget at a big savings for the Town. The Town purchased a used ambulance with 40K miles for $25,000 instead of buying a brand new one for $150,000.

Vann Crandall, 4813 Salem Ridge Road – Mr. Crandall expressed concern over the lack of practice fields for youth athletics and restroom facilities. He asked if better equipment and uniforms could be provided for the senior baseball team. He suggested that the Town be cautious about its growing debt service and questioned whether residential developers are paying their fair share.

There being no further comments, the public hearing was closed.

Councilman Dickson said he noted that sunguards were budgeted for Womble Park ballfields. He said he supports that expenditure and would recommend the Town also make sure that sunguards be provided for Jones Park. He said the improvements would not only serve the athletes and their families, but would help Holly Springs attract major ball tournaments, which also would benefit the Town.

Mayor Sears asked Mr. Bradley to gather cost estimates for the addition of sunguards at Jones Park.

Action: The Council approved a motion to adopt Ordinance 05-07 to enact the FY 2005-06 operating budget, effective July 1, 2005, and Ordinance 05-08 setting the water and sewer rates for the fiscal year beginning July 1, 2005.

Motion by: Pearson

Second By: Womble

Vote: Unanimous

Copies of Ordinance 05-07 and Ordinance 05-08 are incorporated into these minutes as addendum pages.

6. Consent Agenda: All items on the Consent Agenda were approved following a motion by Councilman Dickson, a second by Councilman Atwell and a unanimous vote. The following actions were affected:

6a. Budget Amendment $424,000 – The Council adopted an amendment to the Cultural Center Project Fund in the amount of $424,000 to apply grant funds and installment financing to cover construction and furniture and fixture costs. A copy of the budget amendment is incorporated into these minutes as an addendum page.

6b. Resolution 05-19 – The Council adopted Resolution 05-19 directing the Town Clerk to investigate the sufficiency of Annexation Petition 05-09, filed by property owner Karen E. Cary, for the annexation of one acre and fixing the date for a public hearing on the question of annexation for June 21, 2005. A copy of Resolution 05-19 is incorporated into these minutes as addendum pages.

6c. Resolution 05-20 – Deleted during agenda adjustment earlier in the meeting.

6d. Village District Area Design Plan Contract – Having previously indicated its approval, the Council ratified the Town’s entering a contract with Land Design in an amount not to exceed $50,000 to prepare the Village District Area Plan. A copy of the Land Design Contract is incorporated into these minutes as addendum pages.

7a. Town Street Name Change Resolution 05-21 – Ms. Bobber explained to the Council that when Windcrest PUD was originally approved in 1999, the plans did not call for a roadway connection between Windcrest and the adjacent Sunset Ridge North II PUD, but staff advised the developer at that time that the town desired a connection.

Ms. Bobber said that prior to this connection's being finalized, the Windcrest subdivision began construction and platting, and the Wyncrest Commercial building was constructed. At the time of platting the right-of-way for this main street through the development, the developer provided the Town with their street name as approved by Wake County - Springstone Drive.

Ms. Bobber said the only addresses that are assigned to this street are those in the Wyncrest Commercial building and the recreation center for the subdivision. She said that in early 2005 staff was successful in finalizing a connection between Windcrest and Sunset Ridge North. The connection would be a continuation of Crossway Lane to the currently named Springstone Drive.

Ms. Bobber said the Town currently does not have a street naming/changing and addressing policy, although staff is currently working on preparing one. She said one of the topics that are anticipated to be covered in this policy is to prohibit the changing of a street name in the middle of its length. She said that it will be proposed that street names would only be permitted to change when they cross a thoroughfare. Therefore, staff is suggesting that the Town Council approve the name change of Springstone Drive to Crossway Lane.

Ms. Bobber explained that there are approximately 70 households in Sunset Ridge North that currently have addresses on Crossway Lane and an additional +/- 15 homes to be assigned to Crossway Lane. She said that only 2 existing businesses have Springstone Drive addresses.

Ms. Bobber said the businesses were notified of this proposed change and of the Town Council meeting so that they could have an opportunity to address the Council on any concerns regarding this proposed change. She said the owners of Number Crunchers accounting firm have expressed concerns regarding this change due to their required FBI clearances and permits that they are required to have to run their business. The other business, Dominoes, did not have any concerns with a change in address.

Mayor Sears yielded the floor to Dan and Melody Cutler, owners of Number Crunchers, located at 108 Springstone Drive.

Ms. Cutler explained the extreme number of expensive changes their family-owned company would have to make. They also pointed out that they have had difficulty in the past and have just now finally managed to start building their business.

Council discussed ways of meeting the Town’s goal while giving the Cutlers adequate time to phase their company stationery and advertising, etc. to match a new address; however, the Cutlers said it would be virtually impossible to make all the changes that needed to be made with the IRS, hundreds of family trust and estate accounts and federal security clearances. The Cutlers said the address change would be devastating to their new business.

Council also discussed various locations at which the street could naturally be renamed without causing too much confusion.

In the end Council members agreed with a suggestion from Councilman VanFossen that the best solution was to extend Crossway Lane all the way up to, but not including, the Wyncrest Commercial Building, which is located on Springstone Drive at Hwy. 55/Main Street.

Action: The Council approved a motion to adopt Resolution 05-21 with verbiage amended to allow Springstone Drive to remain named Springstone Drive in front of Wyncrest Commercial Building but to otherwise extend the name of Crossway Lane, effective in 60 days.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

A copy of Resolution 05-21, as amended, is incorporated into these minutes as an addendum page.

7b. Wescott, Phase 7, 05-MAS-03 - Mr. Hammerbacher said the Town has received an application for subdivision approval that proposes construction of 19 residential lots on a 14.26-acre site. He said the lot sizes range from 11,000 square feet to 46,170 square feet. Mr. Hammerbacher said the plan is proposing 5.97 acres as passive open space and would be maintained by the Wescott Subdivision Homeowner’s Association.

He said that the Planning Board had reviewed the application and recommends approval with conditions.

Ms. Sudano said that the Council would need to consider an exception to the Engineering Design and Construction Standards, Section 3.02-E to allow the length of the dead end road to exceed the maximum 1,000 feet.

Action #1: The Council approved a motion to approve an exception to the requirements of the Town’s Engineering Design and Construction Standards Section 3.02-E in association with Development Petition #05-MAS-03 for Wescott Phase 7, to allow the length of the dead end road to exceed the maximum of 1,000 feet as submitted by Thompson & Associates, project number E05-036, revised May 9, 2005.

Motion By: Pearson

Second By: Atwell

Vote: Unanimous

Action #2: The Council approved a motion to approve Preliminary Plan #05-MAS-03 for Wescott Phase 7 as submitted by Thompson & Associates, project number E05-036, revised May 9, 2005, with the following conditions:

1. A UDO permit for sign installation in addition to all other applicable permits will need to be secured prior to any sign installation.
2. If a variance of the development standards for setbacks is requested for Lot #208, a hardship will not be present since the applicant has indicated that the lot in question can adequately be developed.
3. Prior to final plat, the following must be completed:

a. Payment of fees-in-lieu of land dedication in the amount of $874/unit.

4. A fee-in-lieu of pump station upgrade and/or actual upgrade will be required for this project.
5. The following item is to be included on construction drawings (later in the approval process):

a. Proposed grades (in particular near the cul-de-sac) need to show that no fill will be required for construction of road per Town flood plain ordinance.

Motion By: Pearson

Second By: Womble

Vote: Unanimous

7c. Holly Spring Library and Cultural Center Ballentine Street Connection Plan – Mrs. Stephenson explained that this request is for approval of 95% of the cultural center site plan for the Ballentine Road connection. She said this road connection would be completed with the construction of the Library and Cultural Arts Center that is to begin this summer. She said the road will be closed for the duration of the site and road construction. Ms. Stephenson said the plan was designed in-house and meets the Town's criteria for a 20 mph posted speed limit. She said the plan includes two roundabouts at each property line to serve as traffic calming devices, parallel on-street parking, and sidewalk on both sides of the road and storm drainage.

She added that there would be temporary construction easements obtained from the adjacent property owners and a section of right of way from one property owner. Ms. Stephenson said town staff is currently working on the landscaping plan for the roadway, which also will be incorporated into the plan.

She said the roundabouts would allow a ladder truck to traverse the road alignment; however, anything larger would not be able to use this facility. She said larger trucks will have to access downtown via Avent Ferry Road from the Bypass.

Action: The Council approved a motion to endorse the Ballentine Street Connection Plan for the Holly Springs Library and Cultural Center project.

Motion By: Atwell

Second By: Womble

Vote: Unanimous

7d. Village District Area Plan Committee Appointments – Ms. Bobber said that town staff has started working on the Village District Area Plan project. She said during staff discussions and with the project consultant, it was determined that an advisory committee should be assembled to provide input on the plan, review/evaluation of proposals for the plan, and to assist in the community meetings.

She said the first advisory committee meeting is scheduled for Monday, June 20. It is anticipated that there will be two or three advisory committee meetings, plus several community meetings that the committee will be encouraged to attend.

Ms. Bobber said the advisory committee is proposed to consist of 13 members: 3 downtown residents, 2 non-downtown residents, 2 downtown business owners/managers, 2 downtown developers, 2 non-downtown developers, and 2 officials. She said staff will be present at the advisory committee meetings, but would not be counted as members.

Ms. Bobber said she recommends the following to serve as members: John McNeil, Victoria Judd and Carrie Byrd, residents of downtown; Diane Dwyer (Arbor Creek) and Victoria Matalonis (Brackenridge Pointe) as non-downtown residents; Larry Dewar (Dewar's Florist & Antiques) and Ken Meyer (Four Oaks Bank) as downtown business owners/managers; Don Mizelle (Stafford Land Company) and Kevin Cochran (Boylan Development Company) as downtown developers; Karl Blackley (Preston Development Company) and Neal Coker (Cary) as non-downtown developers (however, Mr. Coker has not confirmed interest in serving); and Trip Belote (Planning Board) and Parrish Womble (Town Council) as Town officials.

Council agreed that Mr. Coker would be an asset to the community. They asked that he remain a potential member but that another non-downtown developer also could be named to the committee by staff in his stead, or the position could remain unfilled.

Ms. Bobber agreed that the informal ad hoc committee would not necessarily have to have the membership structure as recommended.

Councilman VanFossen said he would like to serve on the committee as well.

Action: The Council approved a motion to appoint to serve as members on the Village District Small Area Plan advisory committee the following: John McNeil, Victoria Judd and Carrie Byrd, residents of downtown; Diane Dwyer (Arbor Creek) and Victoria Matalonis (Brackenridge Pointe) as non-downtown residents; Larry Dewar (Dewar's Florist & Antiques) and Ken Meyer (Four Oaks Bank) as downtown business owners/managers; Don Mizelle (Stafford Land Company) and Kevin Cochran (Boylan Development Company) as downtown developers; Karl Blackley (Preston Development Company) and Neal Coker (Cary) as non-downtown developers (however, Mr. Coker has not confirmed interest in serving); and Trip Belote (Planning Board) and Parrish Womble and Chet VanFossen (Town Council) as Town officials

Motion By: Dickson

Second By: Pearson

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: None.

9. Other Business: None

10. Manager’s Report: Mr. Dean asked Ms. Bobber to report on the road show.; He reminded Council members of the upcoming Rockin’ at the Crossing entertainment event at Holly Springs Crossing Shopping Center.

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 a matter of proposed settlement in the Thompson Contracting, Inc. vs. Town of Holly Springs litigation; and pursuant to G.S. 143-318.11(a)(4) to discuss a matter of economic development as it relates to the location of OFM.

Motion By: Pearson

Second By: Womble

Vote: Unanimous

General Account Closed Session June 7, 2005

In Closed Session, the Council gave the Town Attorney direction regarding settlement of a contract dispute with Thompson Contracting. The Council also directed Ms. Mizelle regarding potential incentives for the location of the OFM in the Holly Springs Business Park. Because Council and staff agreed that OFM already has committed to locate in the Holly Springs Business Park, any incentives offered would be inappropriate; however, since the company is providing a much-needed roadway extension above and beyond what it would require for its own business, it would be appropriate for the Town to enter into a developer agreement for the credit of fees, just as the Town does with any other development that provides upgraded off-site improvements to be dedicated to the Town.

Action: The Council approved a motion to return to Open Session.

Motion By: Atwell

Second By: Dickson

Vote: Unanimous.

12. Adjournment: There being no further business for the evening, the June 7, 2005, meeting of the Holly Springs Town Council was adjourned following a motion by Councilman Womble, a second by Councilman Pearson and a unanimous vote.

Respectfully Submitted on Tuesday, June 17, 2005.

_________________________________

Joni Powell, CMC, Town Clerk

Addendum pages as referenced in these minutes follow and are a part of the official record