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. Doug Parlin, pastor of Grace Baptist Church of Holly Springs.
4.
Agenda Adjustment: The
Motion
By: Dickson
Second
By: Atwell
Vote: Unanimous
Items
Added to the Agenda: Under New
Business as Item 9k., confirmation of appointment to the Technical Review
Committee.
Consent
Agenda Items Removed: Item 8c., fire
station change orders, for discussion.
Other
Changes: Item 9e., master plan for
5a.
Public Hearing: Ordinance 05-10,
Parking Regulations – Mr. Schifano said that, at the request of the Public Safety Department, an
ordinance was drafted for the Town
Councilman VanFossen
asked for more information on the use of golf carts.
Councilman Pearson said
he knew there were a lot of golfers who sometimes drove their golf carts home
and would, therefore, be in violation of the new ordinance.
Councilman VanFossen said
he felt golf carts within subdivisions would be acceptable, but not on
thoroughfares. He said he also felt like
unlicensed drivers should not be allowed to drive them.
Chief Parker and Mr.
Schifano agreed that a state law already exists that prohit unlicensed vehicles
and drivers. Regardless whether the
ordinance is adopted, Chief Parker said, those driving golf carts on town
streets would be in violation of state law, which is being reiterated in the
ordinance.
Chief Parker added that
the ordinance is really aimed at those who drive golf carts on town streets as
a mode of transportation and those who are too small and/or young to be driving
them.
Councilman Dickson
suggested a change to the draft ordinance to also include off-vehicle trailers,
which also are being parked in roadways.
With that explanation completed,
Mayor Sears opened the public hearing to accept input. The following comments were recorded:
Barbara Hood,
Chief Parker explained that the
ordinance would not prohibit the parking of trucks on private property, subject
to zoning regulations.
Jonathan Gibbons,
There being no further comments, the
public hearing was closed.
Action:
The
Motion
By: Dickson
Second
By: Atwell
Vote: Unanimous
A copy of Ordinance 05-10 is
incorporated into these minutes as addendum pages.
5b.
Public Hearing: Truck and Leaf
Vacuum Truck Purchase Bid - Mr. Schifano said that according to the North Carolina General Statutes, a
public hearing must be held whenever a town determines that it is in its best
interest to use a bid that was previously given to another public entity.
Mr.
Schifano said the public works department has determined to use two bids for
two pieces of equipment received in other municipalities, which were more
favorable than other bids received informally by the Town. He said that staff is seeking to use this
waiver to the public bidding requirement to "piggy-back" on the bids
received by other towns.
He said the bids are for a 2006 "combination
truck" that was bid on May 9, 2005 by the city of Bristol, TN and for a
leaf truck bid by the city of Shelby, NC on February 3, 2005. He said this equipment was budgeted in the FY
2005-06 budget.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded: None.
There being no further comments, the
public hearing was closed.
Action: The
Motion by:
Pearson
Second By:
Atwell
Vote:
Unanimous
Copies of the price quotes of
Bristol, TN and Shelby, NC are incorporated into these minutes as addendum
pages.
5c.
Public Hearing: Parkside Village,
05-ZVR-01 Zoning Vested Rights - Mr. Jones said the North
Carolina General Statutes and the Town's UDO (Section 9.08) provide for the granting
of Zoning Vested Rights for a specific site development plan in the event of a change
in zoning regulations. He said the
vested rights provision allows the landowner to complete a project under the
zoning regulations that were in place at time of the initial plan approval.
Mr. Jones said that Don Mizelle, on behalf of the developer Buckhaven,
is requesting Zoning Vested Rights for
Mr. Jones said that phases 2 & 3 were created under the
old traditional neighborhood: TN zoning district, which is different than any
district in the Town's current UDO. He
said the developer would like to continue using those regulations so that the
entire project may be developed with the existing Phase 1, and be in character
with the neighborhood.
Mr. Jones said the main difference between R-8, which is the
closest zoning that matches TN, is the setbacks. He said the setback for the TN district allows
zero lot lines and the R-8 does not allow zero lot lines.
Mr. Jones said the request is for the minimum required grant
of two years.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded:
Sandra Craig,
Staff and the town attorney explained that granting zoning
vested rights would not impact her property.
The town attorney added that other town ordinances in place now will be
used as the Parkside development continues to build out, and those ordinances
would address flood damage prevention.
There being no further comments, the
public hearing was closed.
Action: The
Motion by:
Womble
Second By:
Pearson
Vote:
Unanimous
6a.
Action: None.
6b.
Ms. Mizelle said award of the bid would be
subject to the approval of the Wake County Board of Commissioners.
She added that town staff would continue to
work with the County and Little Diversified to value engineer the project down
in order to bring the project back into line, if possible, with cost estimates. She advised the
Ms. Mizelle noted that
Action: None.
7.
Rezoning Petition 05-REZ-10 - Mr. Jones explained that at
the last Town Council meeting, public hearings were held on a request
for voluntary annexation of 17.25 acres and a request to rezone 31.26 acres near the intersection of Avent Ferry Road
and Holly Meadow Road from R-30 residential upon annexation of the 17.25 acres
and R-20 (for the portion that already lies in the town limits) to R-10: residential. He said after
much discussion, the council members in attendance agreed to delay action on
both the annexation and the rezoning request until the Aug. 2 meeting when the
full Council would be in place.
Mr. Jones said the rezoning request is in
conformance with the Land Use Element of the Comprehensive Growth Plan, which
designates this area for medium-density residential development. He added that both the staff and the Planning
Board recommend approval of the rezoning petition. The Planning Board motion to recommend
approval came following a 4-3 vote. The
minority position was that continued R-10 development on
Action #1: The
Motion by:
Pearson
Second By:
Womble
Vote:
Unanimous
A copy of Annexation Ordinance A05-13
is incorporated into these minutes as addendum pages.
Action #2: The
Motion by:
Pearson
Second By:
Womble
Vote:
Unanimous
8.
Consent Agenda: All remaining
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:
8a. Minutes - The Council approved minutes of the
8b.
Radio Read Water Meters – The
Council approved the sole-source
purchase of radio read water meters from Greentree Applied Systems Inc. A
copy of the Greentree Applied Systems price quote is incorporated into these
minutes as an addendum page.
8c.
8d.
8e. Resolution
05-32 – The Council adopted
Resolution 05-32 to enact amendments to the Holly Springs Development
Procedures Manual. A copy of
Resolution 05-32 is incorporated into these minutes as an addendum pages.
8f. Resolution 05-33 -
The Council adopted Resolution 05-33 to enact amendments to the Holly Springs
Development Procedures Manual. A copy of Resolution 05-33 is incorporated into these minutes as an addendum
pages.
8c.
Charles Todd of Little Diversified
Architectural Consultants addressed Mr. Pearson’s questions. He explained to the Council that the first
change order results from a third party firm conducting investigative work.
On the issue of unsuitable soils, Mr.
Simmons said the Council should expect another change order related to the soil
conditions. He said it is an ongoing
problem on the site.
Mr. Simmons said that the following additional
costs are being presented for approval: the on-site installation of oil-water
separator (required by Engineering), $4,751; the installation of blanket drain,
removal of 46 cubic yards of unsuitable soils, and undercut 698 cubic yards of
topsoil (quantities certified by QORE Property Sciences), $26,299.68; drying of
4,000 cubic yards of wet backfill material, $10,796.80; and Department of
Insurance changes to construction drawings and credit for removal of sprinkler
system, $13,549.57 (net).
He said that each of these change orders
has been approved by Little Diversified and George Raper & Sons. It also should be noted that funding for
these change orders is available within the contingency line item of the the
Fire Station project fund.
Action:
The
Motion
By: Womble
Second
By: Atwell
Vote: Unanimous
A
copy of
9a.
Autumn Park PUD, 01-PUD-02-A03 PUD Amendment – Mr. Jones explained
to the Town Council that the request is for an amendment to the Autumn Park
Planned Unit Development (PUD) to add approximately 5.072 acres of land from an
adjacent parcel to be designated for additional open space. He said the maximum number of allowable units
is not being modified, and the number of proposed units would remain at 244.
Mr.
Jones said when land is added to a previously-approved PUD, it is considered to
be a major amendment and must go through the full PUD review process, which
includes a recommendation from the Planning Board and final action by the Town
Council. The Planning Board recommends
approval of the proposed amendment.
Action: The
Motion
By: Atwell
Second
By: VanFossen
Vote: Unanimous
9b.
Autumn Park PUD, 01-MAS-08-A02 Preliminary Plan – Mr. Jones said the
proposed amended plan is to add 5.072 acres of open space to the existing 57.75
acre development which includes phases 1-3.
He said the proposed open space is located adjacent to
Mr. Jones said that staff and the Planning
Board recommends approval with conditions.
Action:
The
- Recorded
right-of-way dedication of 20’ on
- The
developer has requested that the required road widening improvements
(consisting of roadway fronting the piece of property being added to the
PUD plus the piece of property extending all the way to the intersection
of
a.
When
the piece of property at the intersection of Piney Grove Wilbon and
b.
When
the town and/or NCDOT undertakes the widening of
Motion
By: Womble
Second
By: Pearson
Vote: Unanimous
9c.
Downtown Village District Gateway Sign - Ms. Bobber explained to the Council that when
Eckerd Drugs store was constructed in 2002, the Town requested that the
developer provide funds to the Town to help pay the cost for a "Village
District" sign instead of constructing the sign due to the upcoming
intersection improvements. Ms. Bobber
said that now that the Main Street/Holly Springs Road intersection improvements
are completed, we are now ready to have the sign constructed and installed.
She said the cost for the sign, including installation and
construction, exceeded $5,000; therefore, bids were sought for this sign. She said the lowest bidder was Rodney’s Sign
Company for a total of $6,053 and 10% contingency with the total not to exceed
$6,658.
Council members noted that they would like
to see the final sign design, when it is ready.
Action: The
Motion
By: Atwell
Second
By: Dickson
Vote: Unanimous
A
copy of Rodney’s Sign Company contract is incorporated into these minutes as
addendum pages.
9d.
Mr. Bradley said that a budget amendment is
needed in the amount of $80,000 to cover both the facility construction and the
extension of water/sewer lines to the site.
Action:
The
Motion
By: Pearson
Second
By: Dickson
Vote: Unanimous
A
copy of the Raleigh Durham Construction Company proposal and the budget
amendment are incorporated into these minutes as addendum pages.
9e.
9f.
9g.
Ms.
Stephenson said on Friday, July 29, the Town received bids for Contract No. 2
which is the
Ms. Stephenson said the Town received two bids and the
lowest responsible bidder is Billings & Garrett in the amount of $696,114. She said the bid from J.F. Wilkerson was in
the amount $701,698.20.
Ms. Stephenson reviewed with the Council members the bid
tabulation sheet outlining the companies' responses to the base bid and a
number of alternates. She also reviewed
a budget amendment to the project fund in the amount of $210,000 to cover the
costs.
Action: The
Motion
By: Womble
Second
By: VanFossen
Vote: Unanimous
A
copy of the bid tabulation sheet and budget amendment are incorporated into
these minutes as addendum pages.
9h.
Action:
The
Motion
By: VanFossen
Second
By: Atwell
Vote: Unanimous
A
copy of the Engineering Consulting Services agreement is incorporated into
these minutes as addendum pages.
9i.
Ms. Sudano said the plan requires road widening along
In addition, it would facilitate the removal of overhead
utility lines on major thoroughfares into Town, which is the Town's goal as
evidenced by the amount of monies the Town is paying to relocate overhead
service lines to underground on both intersection projects plus the fire
station project.
She said that Town staff is recommending the Town Council deny
this request. If the Council is inclined,
however, to approve the request, she suggested that the Town’s policy be
amended to reflect the Council’s feelings on the relocation of overhead utility
lines.
Mr. Paul Brewer addressed the Council, showing photos of
existing electrical services. He said
the cost to place the service lines under
Councilmen said they could see both sides of the issue;
however, they felt that cases such as these should be considered on a
case-by-case basis.
In this case, they agreed, if the overhead line were to be
relocated underground, the appearance of the area would not be greatly enhanced
since so many other utility lines that cannot be placed underground exist. They agreed with the developer that the
requirement was, in this case, unnecessary.
Action:
The
Motion
By: Atwell
Second
By: Dickson
Vote: Unanimous
Ms. Sudano asked the Council if it
would desire a change in the UDO regarding utilities.
Council members directed staff to
handle requests on a waiver basis, rather than implementing a policy change.
9j. Challenge Soccer - Mr. Dean explained to the Town Council that there are two
groups who wish to carry forth with challenge soccer opportunities for local
youngsters, using the Town of Holly Springs facilities.
Mr. Dean recapped the July 25th mediation
meeting between the two groups -- Triangle Y Soccer Club and the Holly Springs
Futball Club --facilitated by Katherine Hamilton-Brown of the Parks and
Recreation Advisory Committee.
He
said Town staff recommends that the Town continue offering recreational soccer
while making fields and facilities available for use by challenge soccer groups
during times when recreational programs are not scheduled.
Mr. Dean said that an agreement spelling
out the terms under which the Town would make those fields available is being
proposed to be established between the Town and the Holly Springs Futball
Club. It is hoped that the two soccer
organizations ultimately might find common ground, he added.
Councilman Atwell stressed that the Town’s
primary goal is to provide recreational soccer and is willing to allow a
contracting group to provide challenge play, using Town facilities as they are
available.
A number of citizens were allowed to
address the council on the issue. The
two positions presented were those who supported the lease agreement of fields
to Holly Springs Futball Club and those with Triangle Y Soccer Club who opposed
the agreement.
Councilman Dickson explained that
what happened a few years ago was a group approached the town and asked to take
over the entire soccer program. What the
town suggested at that time was that the group assume the challenge program and
the Town would retain its recreational soccer program.
The group – which eventually became
the Triangle Y Soccer Club – did not want do that. The group wanted to take over the
recreational program of the Town as well.
“They wanted all or nothing,”
Councilman Dickson explained.
“Now,” he said, “a group has come
forward with a developed program, and now we are ready to hand over on a trial
basis the challenge piece, and the Town will retain the recreational soccer
program.”
Action:
The
Motion
By: VanFossen
Second
By: Womble
Vote: Unanimous
A
copy of the
9k. Appointment Technical Review Committee - Mr. Dean said he would like the Town Council
to confirm the appointment of Councilman VanFossen to the Technical Review
Committee. He gave a brief history of
the previous appointments of committees and commissions.
Councilmen Atwell and Dickson said
all the Council’s appointments are multi-year at the Organizational Meeting and
he wondered why this issue was coming up.
Mr. Dean said there was some
question, and he wants it clear in the record that Councilman VanFossen’s
appointment to the TRC in 2003 was, indeed, a two-year appointment.
Action: The
Motion
By: Atwell
Second
By: Dickson
Vote: Unanimous
10.
Public Comment: At this time, an opportunity was provided for members of the audience
who had registered to speak to address the Council on any variety of topics not
listed on the night’s agenda. The
following citizens were heard:
Tim Sack – Mr. Sack pointed out a safety issue of an unprotected culvert on
Mayor said it has been addressed and will be fixed.
Councilman Atwell asked if the Town could place a temporary
measure like reflectors at the roadside until it can be fixed.
Councilman VanFossen asked
Engineering about an unprotected detention pond next to Homegrown Pizza.
11.
Other Business: Councilman Womble asked staff to
investigate insurance benefits and retirement benefits for elected officials.
12.
Manager’s Report: None.
13. Closed
Session: None.
14.
Adjournment: There being no further business for
the evening, the
Respectfully
Submitted on
_________________________________
Addendum pages as referenced in these
minutes follow and are a part of the official record