Holly Springs Town Council

Regular Meeting

July 19, 2005

 

MINUTES

 

The Holly Springs Town Council met in regular session on Tuesday, July 19, 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 three council members were present as the meeting opened. 

 

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

 

Council Members Absent:  Councilmen Ernie Pearson and Peter Atwell

 

Others Present: Holly Springs Planning Board members Matt Johnson, Deidre Brice, Lisa Martin, Vinnie DeBenedetto and Joe Signoretti.  A quorum of the Planning Board was present.

 

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; Len Bradley, director of parks and recreation; Larry Boykin, assistant finance director; Cecil Parker, chief of public safety; and Heather Keefer, environmental specialist.

 

2 and 3.  The Pledge of Allegiance was recited, and the meeting opened with an invocation by Rev. Ross Carter, pastor of Sunrise Methodist Church.

 

4.  Agenda Adjustment:   The July 19, 2005 meeting agenda was adopted with changes, if any, as listed below.                                   

            Motion By: Dickson

            Second By:  Womble

Vote: Unanimous

            Items Added to the Agenda:  None.

            Consent Agenda Items Removed:  None.

            Other Changes:  Defer Item No. 6a, a report from the Holly Springs Chamber of Commerce, until Aug. 2, 2005.

 

5a.  Public Hearing:  Autumn Park PUD Amendment, 01-PUD-02-A03 – Mr. Jones said the Town had received an application to amend  the Autumn Park Planned Unit Development.  The applicant seeks, he said, to add approximately five acres from an adjacent parcel to be designated as additional open space, which would increase the allowable impervious surface for each lot in the development.

            Because the addition of land to an approved PUD is considered a major amendment, Mr. Jones said, the application must go through the entire PUD review process, including a joint hearing with the Town Council and the Planning Board.

            Mr. Jones noted that the PUD’s maximum number of allowable units is not being modified, and the number of proposed units would remain at 244.

            With that explanation completed, Mayor Sears opened the public hearing to accept input.  The following comments were recorded:  None.

Tom Spaulding, of Spaulding and Norris, 972 Trinity Road in Raleigh – Mr. Spaulding explained that his firm is the planning engineer for the project.  He said that some of the residents of Autumn Park have been applying for non-pervious surface uses for such things as patios, hot tubs, etc. and have been turned down because their lots would exceed the allowable impervious surface for the PUD.

Mr. Spaulding said the addition of this parcel reserved as open space would increase the amount of impervious surface each lot could have by approximately 300 square feet.

Councilman VanFossen asked if the parcel could be used by the Town as a soccer field(s).  Mr. Spaulding said there are some wetlands on the parcel, but the possibility of using some of the property as fields for soccer could be investigated.

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

Action:  The Council approved a motion to forward PUD Amendment #01-PUD-02-A03 for Autumn Park PUD to add approximately 5 acres of open space from an adjacent parcel to the Planning Board for review and recommendation.

            Motion By:  VanFossen

            Second By:  Dickson

            Vote:  Unanimous

 

5b.  Public Hearing:  Holly Ridge Elementary and Middle Schools, 05-SEU-04 -  Mr. Hammerbacher reported that the Town had received a petition for approval of special exception use petition 05-SEU-04 for Holly Riddle Elementary and Middle Schools to allow for modular classroom units.  He said the applicant proposes seven mobile classroom units to be located on the approximately 36-acre Holly Ridge Elementary and Middle School site located at 900 Holly Springs Road.  He said one mobile classroom is proposed adjacent to the elementary school, adjacent to three existing mobile classrooms.  He added that the existing mobile classrooms adjacent to the elementary school were approved by Town Council on August 3, 2005.

            Mr. Hammerbacher reported that staff and the Planning Board recommend approval of the application with conditions.

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:  None

There being no comments, the public hearing was closed.

            Action #1:  The Council approved a motion to make and accept the following findings of fact to be recorded in the minutes by the Town Clerk for Special Exception Use Petition #05-SEU-04 for Holly Ridge Elementary and Middle School mobile classrooms as submitted by Phillip Saffriet of H.S. Annis Architects, project number 0466, dated May 9, 2005. 

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.

Motion by:  VanFossen

Second By:  Dickson

Vote:  Unanimous

 

            Action #2:  The Council approved a motion to approve Special Exception Use #05-SEU-04 for Holly Ridge Elementary and Middle School to allow mobile classrooms as submitted by Phillip Saffriet of H.S. Annis Architects, project number 0466, dated May 9, 2005, with the following condition:

            1.  Provide a written schedule and scope of work and also post a bond for all remaining erosion repair items to be completed prior to issuance of CO.  Schedule and scope of work should be submitted to the Town of Holly Springs Engineering Department for review and approval prior to bid in July 2005 and construction in August 2005 per WCPSS letter dated 6/28/05.

Motion by:  VanFossen

Second By:  Dickson

Vote:  Unanimous

A copy of the Holly Ridge Elementary and Middle Schools petition 05-SEU-04 addressing the findings of facts is incorporated into these minutes as addendum pages.

 

5c.  Public Hearing:  Holly Springs Elementary School, 05-SEU-06 -  Mr. Hammerbacher said the Town has received a petition for approval of special exception use 05-SEU-06 for Holly Springs Elementary School to allow for modular classroom space.  The applicant, he said, proposes to install an approximately 6,100-square-foot modular unit, which would contain six classrooms and bathroom facilities.  He said the proposed modular unit is to be located in the rear of the main building, adjacent to the play areas.  He said the site currently contains four existing mobile units, and this modular unit would replace some of the current mobile units that are located on the site.

            Mr. Hammerbacher reported that staff and the Planning Board recommend approval with conditions.

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:  None.

There being no comments, the public hearing was closed.

Action #1:  The Council approved a motion to make and accept the findings of fact to be recorded in the minutes by the Town Clerk for Special Exception Use Petition #05-SEU-06 for Holly Springs Elementary School modular classrooms as submitted by David Rotman, project number E02012C, revised June 13, 2005. 

  1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare;
  2. The proposed use will not injure or adversely affect the adjacent area;
  3. The proposed use will be consistent with the character of the district, land uses authorized therein, and the Town of Holly Springs Comprehensive Plan;
  4. 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).
  5. 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;
  6. 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;
  7. 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;
  8. Utilities, schools, fire, police and other necessary public and private facilities and services will be adequate to handle the needs of the proposed use;
  9. 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,
  10. 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:  Dickson

Second By:  VanFossen

Vote:  Unanimous

 

Action #2:  The Council approved a motion to approve Special Exception Use #05-SEU-06 for Holly Ridge Springs (see Other Business for corrected motion) Elementary School to allow modular classrooms as submitted by David Rotman, Project Number E02012C, revised June 13, 2005.

Motion by:  Womble

Second By:  Dickson

Vote:  Unanimous

A copy of the Holly Springs Elementary School petition 05-SEU-06 addressing the findings of fact is incorporated into these minutes as addendum pages.

 

5d.  Public Hearing:  Annexation A05-10; Town of Holly Springs Avent Ferry Road - Mr. Jones said the Town owns 2.9012 acres, including road right-of-way, on Avent Ferry Road and intends to annex the property and construct a regional wastewater pump station.  He reported that the annexation would meet all the statutory requirements for satellite annexation of Town-owned property.

    With that explanation completed, Mayor Sears opened the public hearing to accept input.  The following comments were recorded:  None.

            There being no comments, the public hearing was closed.

Action:  The Council approved a motion to adopt Annexation Ordinance A05-10 annexing 2.9012 acres, including road right-of-way, owned by Town of Holly Springs, and more particularly described as Wake County Pin: 0638.04-62-0516, into the corporate limits of the Town of Holly Springs.

Motion by:  Dickson

Second By:  VanFossen

Vote:  Unanimous

A copy of Annexation Ordinance A05-10 is incorporated is into these minutes as addendum pages.

 

5e.  Public Hearing:  Annexation A05-11; The Moravian Church -  Mr. Jones said the Town has received a petition from The Moravian Church for voluntary annexation of 18.690 acres located along Holly Springs Road.  He said the petition meets all the statutory requirements for annexation.

            He added that the petitioner requests that action on annexation be delayed until following input received during a public hearing on the proposed rezoning of the property.

            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:   Taken later in the agenda.

 

5f.  Public Hearing:  Growth Plan Amendment 05-GPA-01 and Rezoning Petition 05-REZ -06  - Mr. Jones said that the Town has received a request to amend the 10-Year Comprehensive Growth Plan by changing the Land Use Map designation for the subject property from medium-density residential with a density of 3.25 units per acre, to a mixed use designation.

In addition, he said, the applicant requests – upon annexation of the property and an amendment to the 10-Year Comprehensive Growth Plan, a zoning change on the property. Rezoning application 05-REZ-06 requests that the zoning of 16.374 acres of Wake County PIN: 0659.14-33-7911 and 0659.14-34-8338 be changed from R-10: Residential to LB: Local Business District.

            Mr. Jones said the mixed use designation allows for low-intensity business activity to take place in mixed-use buildings at a small scale to promote a village atmosphere.  He said that it also allows for some residential development to take place.  This designation was designed to be a primary location for neo-traditional and in-fill development with an emphasis on pedestrian activities.

 Mr. Jones reported that the properties to the north, east, and west of the subject parcel are zoned R-10, R-20 and PUD.  He added that the subject property is the subject of an annexation request.

He reported that the Planning Board has reviewed the petition and recommends approval of both the request for a growth plan amendment and the zone map change.  

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 Council approved a motion to adopt Annexation Ordinance A05-11 annexing property containing 18.69 acres owned by Moravian Church in America, and more particularly described as Wake County Pin(s): 0659.14-33-7911 and 0659.14-34-8338, into the corporate limits of the Town of Holly Springs.

Motion by:  Womble

Second By:  Dickson

Vote:  Unanimous

A copy of Annexation Ordinance A05-11 is incorporated into these minutes as addendum pages.

 

Action #2:  The Council approved a motion to approve Growth Plan Amendment #05-GPA-01 to change the future land use designation of 16.374 acres of Wake County PIN: 0659.14-33-7911 and 0659.14-34-8338 from MDR: Medium Density Residential to MU: Mixed Use, as submitted by Craig Leonard.

Motion by:  Womble

Second By:  Dickson

Vote:  Unanimous

 

Action #3:  The Council approved a motion to approve Zone Map Change Petition #05-REZ-06 to change the zoning of 16.374 acres of Wake County PIN: 0659.14-33-7911 and 0659.14-34-8338 from R-10: Residential to LB: Local Business District as submitted by Craig Leonard.

Motion by:  Womble

Second By:  VanFossen

Vote:  Unanimous

 

5g.  Public Hearing:  Annexation A05-12; Scott J. and Deborah W. McDiarmid - Mr. Jones said the Town has received a petition for voluntary annexation of 2.5 acres located adjacent to St. Croix Drive.  He reported that the petition meets all the statutory requirements for annexation.

With that explanation completed, Mayor Sears opened the public hearing to accept input.  The following comments were recorded:  None.

            There being no comments, the public hearing was closed.

Action:  The Council approved a motion to adopt Annexation Ordinance A05-12 annexing 2.5 acres owned by Scott J. and Deborah W. McDiarmid, and more particularly described as Wake County PIN # 0659.01-05-7574, into the corporate limits of the Town of Holly Springs.

Motion by:  VanFossen

Second By:  Womble

Vote:  Unanimous

A copy of Annexation Ordinance A05-12 is incorporated into these minutes as addendum pages.

 

5h.  Public Hearing:  Annexation A05-13; Mary Frances H.  Ragan – Mr. Jones said the Town has received a petition for voluntary annexation of 17.250 acres located adjacent to the Holly Glen subdivision.  He said the petition meets all the statutory requirements for annexation.

            He added, however, that the petitioner requests that action on the annexation be delayed until comments are received on the proposed rezoning of the property.

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:   Taken later in the agenda.

 

5i.  Public Hearing:  Rezoning Petition 05-REZ-10 -  Mr. Jones said that the Town had received a petition requesting the rezoning of 31.26 acres near the intersection of Avent Ferry Road and Holly Meadow Road from R-20 and R-30 residential upon annexation to R-10 residential.

            Mr. Jones explained said that a portion of the property is currently located outside of Holly Springs jurisdiction, and is the subject of the preceding annexation hearing.  That portion of the property, he said, would be assigned a zoning designation of R-30 Residential upon annexation, pursuant to regulations of the Unified Development Ordinance.

            The remaining portion, he said, lies within the Holly Springs jurisdiction and is zoned R-20 Residential.

            Mr. Jones said the zoning request of R-10 for the subject property would be in conformance with the Land Use Element of the Comprehensive Growth Plan, which designates this area for medium-density residential development.

            Mr. Jones said the Planning Board has reviewed the petition and recommends approval following a 4-3 vote.  Town staff, he said, 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.

            Councilman Dickson said he agrees with the minority of the Planning Board, which expressed concern that the R-10 zoning would result in development that would increase traffic congestion on Avent Ferry Road.

Councilman Womble asked if the Town was still working on widening on Avent Ferry Road.  The Town Manager explained that widening Avent Ferry Road to three lanes is planned, but is subject to funding availability from NCDOT.

Councilman Dickson said he would support a zoning assignment of R-15.

Councilman VanFossen suggested approving the R-10 zone and requiring the developer to provide widening of Avent Ferry Road from Holly Meadow to Cass Holt Road.

Ms. Stephenson said staff could require a traffic impact analysis.

Mr. Dean advised that the Council could not require road widening tied to a rezoning request.

Mr. Schifano said if it is the council’s intent to allow R-10 development on the property only after Avent Ferry Road is improved, then the Council should pass on the rezoning request at this time.

Don Mizelle, representing the petitioner – Mr. Mizelle said the developer’s intent is to mirror the Comprehensive Plan and adjacent properties, which are zoned R-10.  He said he understands concerns about traffic, but the parcel is only 31 acres in size.

Mr. Mizelle pointed out that the developer of Holly Glen, where 200 homes are located, was not required to widen Avent Ferry Road.  Additionally, he said, the commercially zoned property that actually fronts Avent Ferry Road – the subject parcel does not front on Avent Ferry Road -- would require the widening of Avent Ferry Road.  He said he did not feel that the property owner should not have to widen Avent Ferry Road since the property does not front Avent Ferry Road and because development is planned to be residential in nature, not commercial.

Mr. Mizelle also noted that the recently-approved Union Ridge was rezoned to R-10 and would have a much larger impact on Avent Ferry Road traffic due to its size and number of units; however, he said, the developer was not being required to widen Avent Ferry Road even though the property directly fronts Avent Ferry Road.

Councilman VanFossen said he would be in favor of deferring action on the petition until the full Council was in place.

Action:  The Council approved a motion to defer action on Rezoning Petition 05-REZ-10 until the Aug. 2 meeting when all members were expected to be in attendance.

Motion By:  VanFossen

Second By:  Womble

Vote:  Unanimous

 

Action #2:  The Council approved a motion to defer action on Annexation Petition 05-13 until the Aug. 2 meeting when all members were expected to be in attendance.

Motion By:  VanFossen

Second By:  Womble

Vote:  Unanimous

 

5j.  Public Hearing:  Annexation A05-14; Crossman Communities of NC, Inc. - Mr. Jones said the Town has received a petition for voluntary annexation of 5.072 acres located adjacent to Autumn Park subdivision along Avent Ferry Road.  He reported that the petition meets all the statutory requirements for annexation.

With that explanation completed, Mayor Sears opened the public hearing to accept input.  The following comments were recorded:  None.

            There being no comments, the public hearing was closed.

Action:  The Council approved a motion to adopt Annexation Ordinance A05-14 annexing 5.072 acres owned by Crossman Communities of NC, Inc., and more particularly described as Wake County PIN # 0648.11-67-2064, into the corporate limits of the Town of Holly Springs.

Motion by:  Dickson

Second By:  Womble

Vote:  Unanimous

A copy of Annexation Ordinance A05-14 is incorporated into these minutes as addendum pages.

 

5k.  Public Hearing:   Ordinance 05-09; Discharge of Firearms  - Mr. Schifano explained that at the July 5, 2005 Town Council meeting, the Council was asked by a resident during the public comment period to consider amending the Town Code regulating the discharge of firearms to include a distance limitation for discharging BB or pellet guns.

            He said the draft ordinance would amend the Town Code to require that in order to discharge a BB or pellet gun, a person must provide a distance of at least 200 feet from the point of discharge to the nearest adjacent property line.  He said the draft ordinance addresses the firing of bows and crossbows in the same manner, based on discussion of the Council.  The ordinance also provides for penalties for those found in violation.

            Mr. Schifano said the portion of the Town Code prohibiting the discharge of explosive types of weapons and fireworks within the town limits, except under certain conditions, remains unchanged.  He also pointed out that the draft could be modified.

            Chief Parker said he supports the ordinance amendment.

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

Harry G. Parrish, Jr., 5401 Leopard’s Bane Ct. – In written comments that he requested be included in the record, Mr. Parrish communicated to the Council his position that the ordinance change was not necessary because the Code already requires the discharge of any weapon “in a safe manner.”  He stated in his comments that the request from the resident stems from a conflict between him and his neighbor, and he did not feel it was prudent to change a law that would apply to everyone based on allegations made by one person.  He added that the comments made by his neighbor were largely untrue.

A copy of Mr. Parrish’s written statement, which goes into more detail, is incorporated in its entirety in these minutes as addendum pages.

Mark Shank, 5405 Leopard’s Bane Ct. -- Mr. Shank said he felt that the 200 feet should be extended to 500 feet or more.  He spoke in favor of the ordinance, saying that the law would prevent the discharge of non-explosive weapons in the vicinity of other residents and their children.  He would rather, he said, see the Council simply prohibit use of subject firearms and bows and arrows, period.

Councilman Dickson asked if the ordinance would, in effect, prohibit the discharge of non-explosive weapons within the Town limits because all residential lots in the Town would not be large enough to enable a resident to use a bb gun.

Chief Parker said the minimum lot size on which such a weapon could be fired would be 401 feet by 401 feet, and the person discharging the weapon would have to be standing exactly in the middle of the yard. So, yes, he said, the ordinance change would basically outlaw the firing of bb guns in the town limits.

Jeff Hook -- Mr. Hook said the Constitution guarantees the right to bear arms and that there should be a recreational option for residents to take advantage of before an ordinance is adopted to restrict the use of such firearms.

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

            Action:  The Council approved a motion to adopt Ordinance 05-09 amending the Town Code, Part 8, Chapter 1, Section 8-1004, Offenses, and Disorderly Conduct, to limit the discharge of non-explosive types of weapons within the Town limits.

Motion by:  Dickson

Second By:  Womble

Vote:  Unanimous

A copy of Ordinance 05-09 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 Dickson and a unanimous vote.  The following actions were affected:

      6a.  Minutes  - The Council approved minutes of the Council’s regular meeting held on July 5, 2005.

      6b.  Land Use Element – The Council set a public hearing for August 16 to receive input on an update to the Land Use Element of the Comprehensive Plan.

      6c.  Resolution 05-27 – The Council adopted Resolution 05-27, a concept statement agreeing to continue participation in the Governor’s Highway Safety Program grant that provides a traffic safety officer for the town.  A copy of Resolution 05-27 is incorporated into these minutes as an addendum page.

      6d.  Resolution 05-28  -- The Council adopted Resolution 05-28 evidencing the Town’s continued participation in the Municipal Insurance Trust and entering into an inter-local agreement with members for a group self-insurance pool for benefit risk sharing.  A copy of Resolution 05-28 is incorporated into these minutes as an addendum page.  A copy of the inter-local agreement for participation in benefit risk sharing is incorporated into these minutes as addendum pages.

      6e.  Resolution 05-29 – The Council adopted Resolution 05-29 evidencing the Town’s continued participation in the Inter-local Risk Financing Fund of North Carolina and entering into an inter-local agreement with members for a group self-insurance pool for property and liability risk sharing.  A copy of Resolution 05-29 is incorporated into these minutes as an addendum page.  A copy of the inter-local agreement for participation in property and liability risk sharing is incorporated into these minutes as addendum pages.

      6f.  Resolution 05-30   - The Council adopted Resolution 05-30 evidencing the Town’s continued participation in the Inter-local Risk Management group and entering into an inter-local agreement with members for a group self-insurance pool for workers’ compensation risk sharing.  A copy of Resolution 05-30 is incorporated into these minutes as an addendum page.  A copy of the inter-local agreement for participation in workers’ compensation risk sharing is incorporated into these minutes as addendum pages.

      6g.  Budget Amendment, $5,000 – The Council adopted an amendment to the FY 2005-06 budget in the amount of $5,000 to accept a donation from American Pride Inc. for HollyFest fireworks.  A copy of the budget amendment is incorporated into these minutes as an addendum page.

      6h.  Budget Amendment, $21,200 – The Council adopted an amendment to the Special Revenue Fund in the amount of $21,200 to allocate funds to cover 2 Premier CAD workstations for the 911 PSAP.  A copy of the budget amendment is incorporated into these minutes as an addendum page.

      6i.  Resolution 05-31  - The Council adopted Resolution 05-31 enacting an amendment to the Town’s Development Procedures Manual.  A copy of Resolution 05-31 is incorporated into these minutes as addendum pages.

 

7a.  Holly Springs Chamber of Commerce Report – Delayed until Aug. 2 during Agenda Adjustment.

 

7b.  Wake County Keep American Beautiful -  Ms. Lois Nixon, a representative of the Capital Trees Program of Keep America Beautiful, honored Ms. Sandra Simpson, an area resident for a noteworthy tree in the resident's yard near Bass Lake Park.

Action:  None.

 

7c.  Wake County 4-H and Wake County Human Services Assessment Report    Andrew Meyer and Regina Pettiway of Wake County 4-H and Wake County Human Services addressed the Council, presenting a proposal for the Council's consideration.  They presented a power point outlining the program the agency hopes to perform in Holly Springs.

Mr. Meyer said that the group proposes to conduct a study of the youth development assets and opportunities in Holly Springs and develop an action plan to enhance the available opportunties.

            He said the group would perform this work at no cost; however, the group would like to employ the services of a college intern who would do much of the work.  He said the group is asking the Town to fund the $1,500 cost of using the intern.  Mr. Meyer and Ms. Pettiway also asked the Council to appoint a number of citizens to serve on a steering committee to help orient the team to Holly Springs.

            Mr. Dean said that if the Council decides to pursue this, staff suggests that the Council consider directing members of the Holly Springs Parks and Recreation Advisory Committee to serve as steering committee members since those members are more familiar than most with the Town's programs geared to youth development, and that the Advisory Committee has agreed to serve in this role.

Action:  The Council approved a motion to approve the proposal, including the allocation of $1,500 toward the cost of using an intern and direction to the Holly Springs Parks and Recreation Advisory Committee to serve as the steering committee, to include Councilman Dickson.

            Motion By:  Womble

            Second By:  VanFossen

            Vote:  Unanimous

 

7d.  Holly Ridge Middle School Joint Use Agreement    Mr. Bradley said a joint use agreement between the Town of Holly Springs and Wake County Public School System sets outs terms for the Town to use athletic facilities at Holly Ridge Middle School and Holly Ridge Elementary School in exchange for certain facility maintenance services performed by the Town.  The agreement would provide facilities for Town Parks and Recreation athletic programs, but not for at-large public use, at the softball field, multipurpose field and outdoor basketball court of HRMS, as well as designated parking areas and drive accesses of HRES and HRMS when these facilities are not in use by the schools.

Action:  The Council approved a motion to enter into a joint use agreement with Wake County Public School System for the Town’s use of certain athletic facilities and parking areas at Holly Ridge Middle School.

            Motion By:  Womble

            Second By:  Dickson

            Vote:  Unanimous

            A copy of the joint use agreement is incorporated into these minutes as addendum pages.

 

7e.  Womble Park Final Ball Fields -   Mr. Bradley provided cost quotes for the completion of Field #3 and Field #4 at Womble Park, as discussed and directed by the Town Council during the 2005 Winter Retreat.  An amendment to the FY 2005-06 buget in the amount of $215,000 to cover the cost of the work through various contractors also was submitted.  The budget amendment pulls funding from the Parks Reserve Fund, which is funded by developer fees.

            Action:  The Council approved a motion to direct that completion of ballfields at Womble Park be commenced and to adopt a budget amendment in the amount of $215,000 to cover the cost of the work.

            Motion By:  Womble

            Second By:  Dickson

            Vote:  Unanimous

            A copy of the budget amendment is incorporated into these pages as an addendum page.

 

7f.  Moravian Church Development Plan, 05-DP-03 -  Mr. Hammerbacher said the Town has received a development plan from The Moravian Church for the development of its site on Holly Springs Road.

            He said the plans call for access to the site via a shared access drive adjacent to Holly Springs Road.  A 1.88-acre out-parcel denoted on the plan would have access from Holly Springs Road.

            The church building is proposed to be located along the eastern property line adjacent to Cobble Ridge Subdivision. The church plans to contain seating for 214 worshippers, five classrooms, offices and a kitchen.

            Mr. Hammerbacher reported that the Planning Board had reviewed the development plans and recommends approval.

            Action:  Motion to approve Development Plan #05-DP-03, for Moravian Church as submitted by Craig Leonard, AIA, Project Number 1003, revised April 11, 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.      All future site lighting shall be submitted to the Department of Planning & Zoning for review and approval prior to installation.

3.      Note that Project will not be able to receive Certificate of Occupancy until downstream sewer line and water line are installed.  Please provide a schedule of when you would be needing CO so the Town can ensure that schedules coordinate.

4.      The following items are to be included on construction drawings (later in the approval process):  

a.       Neuse River Buffers will need to be clearly and completely labeled on each sheet

5.      Prior to Town Council action of this plan, right-of-way dedication will be required for Holly Springs Road. (Note: As of the date of staff report preparation, this has not yet been completed.  Staff will update Town Council at the Town Council Meeting.)

            Motion By:  Womble

            Second By:  Dickson

            Vote:  Unanimous

 

7g.  Avent Ferry Road Regional Pump Station -  Ms. Stephenson reported that the Town received bids for the Avent ferry Pump Station Project, which included Contract No. 1 for pump station construction and Contract No. 2 for interceptor and force main construction.  The Town's consultant, Diehl & Phillips, designed the project, prepared the contract documents, and handled the advertisement and bid-opening processes.

     The bids, she said, were opened at 10 a.m. Tuesday, July 19, the morning of the Council meeting.  Following the bid opening, a project budget was prepared and also is being submitted to the Council for consideration.

            She reported that the Town received three bids for Contract No. 1, but only two for Contract No. 2.. She said the Engineering Department would rebid Contract No. 2 and was asking the Council to award the bid for Contract No. 1 at this time.

      For Contract No. 1 for pump station construction, the low bid of $859,000 was submitted by Laughlin Sutton Associates.  The Laughlin bid was compared with others with the alternate bids removed, and the company still had the low base bid, Ms. Stephenson said.

      Ms. Stephenson said staff recommends that the Council award the base bid to Laughlin-Sutton Construction Co.

      Action #1:  The Council approved a motion to award the bid for Contract No. 1 for construction of the Avent Ferry Road regional pump station to Laughlin Sutton in the amount of $892,000, inclusive of a 10% contingency, and to adopt a project budget in the amount of $1.7 million for the total project, using funds from Wastewater Reserves.

            Motion By:  VanFossen

            Second By:  Womble

            Amended Motion:  Councilman VanFossen corrected his motion to the bid amount of $858,118.75, inclusive of a 7.5% contingency.

            Second to Amendment:  Womble

            Vote:  Unanimous

 

7h.  SCIMMP -  Mr. Schifano said that in 2003, the Town decided to participate in a process with other Western Wake regional wastewater treatment plant partners to create a Secondary and Cumulative Master Mitigation Plan (SCIMMP) for each individual partner.

            Each partner will have its own SCIMMP - a large environmental document that addresses secondary and cumulative impacts of projects undertaken within each town, she said.

            Mr. Schifano explained that the North Carolina Department of Environment and Natural Resources requires towns to address secondary and cumulative impacts of projects over a certain size/threshold.

            The SCIMMP, he added, is a new concept for DENR, and the partners have worked with DENR to develop the concept of a SCIMMP, which is intended to cover multiple projects within a town over a 10-year period, as opposed to each project's requiring an individual document.  This would improve efficiency and save money, he explained.

            The SCIMMP is now ready to submit to the State Clearinghouse, along with a Memorandum of Agreement that outlines the agreement between the Town and DENR as to its use.

            Mr. Schifano added that there will be a public info meeting on the SCIMMP coming up at the end of this month.

            The first project in which the Town would use the SCIMMP would be the regional wastewater treatment project.  The second, he said, would be the Town’s Utley Creek wastewater treatment plant expansion.

            Ms. Keefer added that the SCIMMP would save money for consulting services and staff time in the long run because every project the Town does requires an environmental study, and the SCIMMP would eliminate having to repeat and duplicate work each time.

Action:  The Council approved a motion to endorse the Western Wake partners SCIMMP and to enter into a Memorandum of Agreement between the Town and the N.C. Department of Environment and Natural Resources as to its use.  

            Motion By:  VanFossen

            Second By:  Dickson

            Vote:  Unanimous

            A copy of the Memorandum of Agreement is incorporated into these pages as addendum pages.

 

7i.  Clean Water Education Partnership – Ms. Keefer explained that the Clean Water Education Partnership (CWEP) is a cooperative non-point source pollution education and awareness program involving many different local governments and agencies in North Carolina.  The CWEP program allows program partners to share the cost of purchasing mass media (radio and television commercials) that are too costly for individual groups to develop and purchase on their own, she said.

            The commercials will be designed to provide stormwater quality education to all ethnicities, economic groups and people with varying abilities, which is a stormwater requirement for the NPDES Phase II program.  The Town's cost share to participate in the 2005-2006 fiscal year is $2,578. 

            Ms. Keefer advised the Council that staff recommends that the Town of Holly Springs participate in 2005-2006 fiscal year of the CWEP program, which will allow the Town (at a minimum) to benefit from a collaborative effort of public education through means of mass media. Involvement in this program will fulfill one of the required public education elements in the Town’s NPDES Phase II stormwater permit - two years earlier than required – she added.

Action:  The Council approved a motion to authorize the Town Manager to enter into a Support Services Agreement to participate in the Clean Water Education Partnership FY 2005 – 2006 at a cost of $2,578 in budgeted funds.  

            Motion By:  Dickson

            Second By:  VanFossen

            Vote:  Unanimous

            A copy of the support services agreement is incorporated into these minutes as addendum pages.

 

7j.  Western Wake Regional WWTP Ownership and Operating Agreement -  Mr. Schifano said that in 2004, Holly Springs entered into an inter-local agreement ("Land Costs and Preliminary Work Agreement") with other partners to move forward with the first preliminary engineering steps for implementation of a regional wastewater reclamation facility.

            Those tasks included land acquisition, permitting, SCIMMP preparation, and development of an organizational/financial model for the partnership.

            For consideration tonight, he said, is the next necessary agreement for the project.  The agreement defines - for all partners - the terms and conditions under which the Town of Cary, acting as the lead agency for the project, will design, construct, manage, and operate the regional facilities.

            The agreement also includes numerous exhibits that document capacity and cost shares and describe project scope.

            An exhibit of the agreement is a very preliminary version of a service agreement that will, subsequent to receipt of the NPDES discharge permit from the State (estimated within the next 2 years), be finalized between Holly Springs and Cary and will describe in more detail the arrangements of how operations will be handled, he explained.

            Senior management staff, including the Town Attorney, have worked on and reviewed this agreement throughout its formulation and revision until it is in its present format today, he said.

Action:  The Council approved a motion to enter into the Western Wake Wastewater Regional Project Ownership and Operating Agreement.  

            Motion By:  Womble

            Second By:  VanFossen

            Vote:  Unanimous

            A copy of the Western Wake Regional Wastewater Project Ownership and Operating Agreement is incorporated into these minutes as addendum pages.

 

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:  The Town Clerk advised the Council that an error in the Power Point presentation for the meeting resulted in incorrect motion earlier in the meeting.  She asked the Council to revisit the motion and to clarify that the approval of 05-SEU-06 was for Holly Springs Elementary School and not Holly Ridge Elementary School as stated in the motion.

Action:  The Council approved a motion to direct the Town Clerk to correct the minutes regarding the motion approving 05-SEU-06 from Holly Ridge to Holly “Springs.”

Motion By: Womble

Second By: Dickson

Vote:  Unanimous

 

10.  Manager’s Report:   None.

 

11. Closed Session:  None. 

 

12.  Adjournment:  There being no further business for the evening, the July 19, 2005, meeting of the Holly Springs Town Council was adjourned at 9:15 p.m. following a motion by Councilman VanFossen, a second by Councilman Womble and a unanimous vote.

 

Respectfully Submitted on Tuesday, Aug. 2, 2005.

                       

 

 

 

 _________________________________

Joni Powell, CMC, Town Clerk

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