Holly Springs Town Council

Regular Meeting

Sept. 6, 2005

 

 

 

 

MINUTES

The Holly Springs Town Council met in regular session on Tuesday, September 6, 2005, in the Council Chambers of Holly Springs Town Hall, 128 S. Main Street . Mayor Dick Sears presided, calling the meeting to order at 7:14 p.m. A quorum was established as the mayor and all five council members were present as the meeting opened.

Council Members Present: Council men Ernie Pearson, Parrish Womble, Chet VanFossen, (arrived at 7:15 p.m. ), Peter Atwell and Hank Dickson and Mayor Sears.

Council Members Absent: None.

Staff Members Present: Carl Dean , town manager; John Schifano , town attorney; Linda Harper , deputy town clerk (recording the minutes); Gina Bobber , director of planning and zoning; Jeff Jones , planner II; Elizabeth Goodson , development review engineer; Kendra Stephenson , senior engineer; Drew Holland , finance director; Thomas Tillage , director of water quality; Adam Lindsey, project analyst; Cecil Parker , chief of public safety; Stephanie Sudano , director of engineering; Len Bradley , parks and recreation director and Jenny Mizelle , director of economic development.

2 and 3. The Pledge of Allegiance was recited, and the meeting opened with an invocation by Rev. Don Brown, pastor of the Village Church at Holly Springs .

4. Agenda Adjustment: The September 6, 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: Add a report from Adam Lindsey of Storm Aid event to occur on Saturday, September 10, 2005 at Womble Park to Special Presentation as item 6b.

Consent Agenda Items Removed: None.

Other Changes : None.

5a. Public Hearing: Annexation A05-15, MSS Development, LLC – Mr. Jones said the Town has received a petition requesting annexation of 17.79 acres, located along NC 55 Bypass and South Main Street. He reported that the annexation meets all the statutory requirements for annexation 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 further comments, the public hearing was closed.

Action: The Council approved a motion to adopt Annexation Ordinance A05-15 annexing 17.79 acres, owned by MSS Development, LCC, and more particularly described as Wake County Pin(s): 0658.09-06-7987, 0658.09-06-7628, 0658.09-06-9974, 0658.09-16-2629 and 0648.08-97-7746 into the corporate limits of the Town of Holly Springs.

Motion By: Womble

Second By: Atwell

Vote: Unanimous

A copy of Annexation Ordinance A05-15 is incorporated into these minutes as addendum pages.

5b. Public Hearing: Community Development Block Grant Scattered Sites Program – Ms. Mizelle explained to the Town Council that a public hearing is needed to accept comments on the Community Development Building Grant Scattered Site program, the grant the Town is utilizing for the rehabilitation of one home and the acquisition and relocation for one beneficiary. She said the project is complete, and the public hearing is the first step to close-out the procedure.

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

Action: No action taken.

5c. Public Hearing: Newbury Park , 05-ZVR-02 Zoning Vested Rights - Mr. Jones said that this request is to consider a zoning vested rights application 05-ZVR-02 for Newbury Park subdivision. Mr. Jones said that the developer is requesting to continue using the corner lot setbacks that were originally approved for Newbury Park subdivision in 2003, the Town's previous zoning ordinance, but have since changed. He said that the current Unified Development Ordinance (UDO) requirements for corner lots are different than that of the old ordinance under which this development was commenced, and the developer wishes to continue build-out under the old ordinance requirements.

He said the developer is requesting the Town Council to consider granting Zoning Vested Rights for the minimum of two years for lots 62, 46, 56, 49, 36, 1, 50, 20, and 13 of the Newbury Park development.

Councilman Pearson said that he needed clarification on the time frame in which a landowner may request vested rights and he was under the impression that vested rights is something that the developer would need to request at a specific time such as at the original approval of the development and granted for a minimum of two years.

John Schifano said that he understood the North Carolina General Statutes and the Town's UDO (Section 9.08) provides for the granting of zoning vested rights for a specific site development plan, allowing the project to be completed under the zoning regulations in place at the time of approval of the original plan, and that any time subsequent to a change in a zoning ordinance, a landowner may apply to the town for a vested right relating back to the original ordinance so long as the development was active.  Mr. Schifano stated that some towns may have specific limitations on at what point you may ask for a vested right, however the current UDO and NCGS 160A-385.1 is silent on how long after the change in a zoning law a landowner has to request the right.  Therefore, staff allows a landowner to request a vested right for as long as the development is active.

Councilman Pearson asked if the Town's current ordinance addresses a specific point in submitting an application requesting zoning vested rights.

After much discussion it was determined that the town's UDO does not address a specific point in submitting an application requesting zoning vested rights for developments.

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.

There were further discussion among the Council Members and the town attorney of the General Statues regarding zoning vested rights and the definition of the specifics of vested rights.

Action: The Council approved a motion to approve Zoning Vested Rights, 05-ZVR-02 for Newbury Park, lots 62, 46, 56, 49, 36, 1, 50, 20, and 13 not to exceed two years from the date of September 6, 2005, to authorize the development of lots #62, 46, 56, 49, 36, 1, 50, 20, and 13 according to the terms and conditions of the corner lot setback provisions of the zoning ordinance in place at time of approval of the original Newbury Park preliminary plan.

Motion by: VanFossen

Second By: Dickson

Vote: The motion carried following a 4-1 vote. Councilmen Atwell, Womble, VanFossen and Dickson voted for the motion. Councilman Pearson voted against.

After much discussion Councilmen Van Fossen and Pearson asked the town attorney to research the town's UDO and develop an amendment to the Town's current zoning vested rights ordinance dealing with a time limit for vested rights application and take it before the Technical Review Committee and back to Town Council to address the specifics of the application of the zoning vested rights process. 

 

6a. Diabetes Awareness Week, September 4 – 11, 2005 - Mayor Sears presented a proclamation in recognition of Diabetes Awareness Week September 4-11, 2005 and suggested all to be more aware of their health. Councilman Pearson stressed the importance of being aware and maintaining your health by keeping a close check for diabetes.

Councilman Womble announced that the Diabetes Walk will be held in Holly Springs at the Holly Fest on October 29, 2005 .

6b. Storm Aid Relief Fund Raiser - Mr. Lindsey updated the Town Council on the Storm Aid Relief Fund Raiser that will take place on Saturday, September 10, 2005 , at Womble Park between 12 – 5 p.m. He said there will be live music, selling T-shirts; inflatable rides for the kids, bake goods and lemon aid sales. He said that churches and others are volunteering their time to raise money for the Red Cross to relief the victims in the New Orleans storm disaster.

Councilman Womble asked will there be any provisions assisting the victims to move to Holly Springs , maybe using vacant homes or providing them a place to live. Mayor Sears said that he had researched and found that there is funding available through the Red Cross for families who are staying with relatives and other possible homes.

Action: The Council approved a motion to preserve the intent of the Storm Aid Relief Fund Raiser, to be held Saturday, September 10, 2005 at Womble Park , that it will be free from campaigning and a non-political event.

Motion By: Dickson

Second By: Van Fossen

Vote: Unanimous

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

7 a. Minutes - The Council a pproved minutes of the Council 's regular meetings held on August 2 and August 16, 2005 .

7 b. Ordinance 05-12 – The Council adopted Ordinance 05-12 enacting the Town's Code of Ordinances. A copy of Ordinance 05-12 is incorporated into these minutes as addendum pages.

7c. Mike Ricci Report – The Council received a report from Mr. Mike Ricci, a former resident lodging a formal complaint in regard to his final irrigation system water bill.

7d. Resolution 05-39 - The Council adopted Resolution 05-39 requesting NCDOT to release a portion of Avent Ferry Road for inclusion in the town's street system. A copy of Resolution 05-39 is incorporated into these minutes as an addendum page.

7 e. Resolution 05-40 – The Council adopted Resolution 05-40 to amend NCDOT grant funding enhancement agreement with NCDOT to exclude Avent Ferry Road sidewalk construction. A copy of Resolution 05-40 and NCDOT enhancement agreement are incorporated into these minutes as addendum pages.

7 f. Resolution 05-41 / Budget Amendment $35,000 - The Council adopted Resolution 05-41 to participate in a NCDOT pedestrian planning grant program and a budget amendment to the FY 2005-06 budget to cover the Town's participation cost. A copy of Resolution 05-41, NCDOT municipal agreement and budget amendment are incorporated into these minutes as addendum pages.

7g. Progress Energy Utility Relocation Agreement – The Council approved e ntering into a utility relocation agreement with Progress Energy, in the amount of $12,320.18 for the relocation of two utility poles. A copy of Progress Energy Utility Relocation agreement is incorporated into these minutes as addendum pages.

7h. Budget Amendment - $11,800 / Wake County Agreement – The Council adopted budget amendment to the FY 2005-06 budget to accept revenue from Wake County for a public safety vehicle and authorized Town staff to enter into an agreement with Wake County to receive the contribution. A copy of the budget amendment is incorporated into these minutes as an addendum page.

7i. Middle Creek Pump Station Order Control – The Council received a report from the public utilities director recommending of the installation of biocide odor control at the Middle Creek pump station.

7j. Holly Springs Fire Station Contract Change Order – The Council approved change order #4 to the fire station construction contract and adopted related budget amendment in the amount of $33,270 to cover the cost of drying backfill material. A copy of Holly Springs Fire Station contract change order and budget amendment are incorporated into these minutes as addendum pages.

7k. Holly Springs Parks and Recreation Advisory Committee Appointments – The Council approved to appoint Jeff Buser of 413 Nevis Drive and Susan Britt of 209 Flint Point Lane to the Recreation Advisory Committee as recommended.

7l. Turner Drive Paving Bid Award – The Council approved to award bid to Gelder & Associates, Inc and adopted budget amendments to the FY 2005-06 budget in the amount of $41,000 for paving of Turner Drive and paving the road leading to the Town's pump station. A copy of Gelder & Associates, Inc. proposal and budget amendments are incorporated into these minutes as addendum pages.

7m. OFM Developer Agreement – The Council approved a developer agreement for road construction related to the OFM site A draft copy of the OFM developers agreement is incorporated into these minutes as addendum pages.

8a. Holly Springs Library and Cultural Center – Ms. Mizelle said the Town has received b ids for the Holly Springs Library and Cultural Center , including the construction of Ballentine Street improvements, on July 21, 2005 . She said that Resolute Building Company was recoginized as the low bidder. Ms. Mizelle said that the Wake County Commissioners will be asked to award the bid at their next Commissioners meeting on September 19, 2005 .

Ms. Mizelle said that staff has been working with county staff, Little Diversified and Resolute Building Company to identify potential value engineering items. She said there are 12 items that were identified and accepted by the Town and the County that equals a credit of $65,740. She said since receiving those figures, she has received a revised post addenda no.1 after the Town packet was distributed to Council Members with new valve engineerings.

She said the revised value engineerings includes 11 items; it was agreed to remove item 8, (8. To delete one book drop access door and fire rated chute), which brings the Town's total cost increase to $263,290, which includes the cost of road construction to Ballentine Street .

Ms. Mizelle said this request is to consider approval of the bid award and adopt a budget amendment. She said that the Town and Wake County also, needs to amend their inter-local agreement to include the road construction.

Mayor Sears asked staff and the Town Manager if they were comfortable with those changes.

Mr. Dean said that he was comfortable with the revisions and with all the events of the storm down south and projecting the cost of building will be increasing the town needs to remain on schedule.

Mr. Schifano reviewed with the Town Council the inter-local agreement changes.

There were discussion among the Councilmen about the status of the lease agreement with Wake County and if all the Council members concerns were satisfied.

Mr. Schifano said at a previous meeting in 2004 the Council approved to enter a 99-year leasehold agreement with Wake County that will not alter the substance or intent of the original agreement and would include the Town's participation in the financial, design and facility programs of the library and cultural center.

After discussion Councilman Pearson asked the town attorney to draft a lease agreement in order to be prepared when the construction of the building is near completed.

Action #1: The Council made a motion to approve awarding bid to Resolute Building Company as the low bidder; and adopted the related budget amendments.

Motion By: Womble

Second By: Pearson

Vote: Unanimous

A copy of the revised Little Diversified Architectural Consulting Post Addenda No. 1; and budget amendments are incorporated into these minutes as addendum pages.

Action #2: The Council approved a motion to approve an amendment to the inter-local agreement between Wake County and Holly Springs for the Holly Springs Library and Cultural Facility to include road construction.

Motion By: Womble

Second By: Pearson

Vote: Unanimous

A copy of the Wake County Inter-local agreement amendment is incorporated into these minutes as addendum pages.

8b. Holly Springs Veterans Park Master Plan – Mr. Bradley updated the Council Members of the development of Jones Park and Veteran's Park. He said this request is for approval of Veteran's Park master plan and building design plan. He said the plans are the end result of receiving input from citiziens from two public meetings held in conjunction with the Parks & Recreation Advisory Committee meeting.

Mr. Bradley reviewed with the Town Council the design of the facilities, the asphalt trail and exercise equipment around the park, the quiet sitting areas, small picnic tables, and small play ground area.

Councilman Womble asked the location of the park and if Veterans can work or volunteer their time working at the park.

Mr. Bradley explained the location to the Town Council and volunteers and donations of memorials or monoments in recognication of the Veterans are welcomed.

Councilman Atwell asked about the proposed parking spaces and on-street parking will be adequate parking.

After discussion among the Council Members and staff it was determined that it will be enough parking with the additional overflow parking at Jones Park and on-street parking.

Action: The Council approved a motion to approve the Holly Springs Veteran Park master plan and building design plan of the facilities.

Motion By: Womble

Second By: Atwell

Vote: Unanimous

8c. Holly Springs ETJ Expansion Update – Mr. Jones explained to the Council Members that on January 4, 2005 , the Council adopted an ETJ extension report and resolution requesting additional ETJ from Wake County . He said that Wake County , in February, asked the Town to consider reducing the size of the request and in March, the Council adopted a new resolution and map reducing the Town's requested area.

Mr. Jones said since then, town staff has been before the Wake County Planning Board's Land Use Committee and received its recommendation, which is even smaller than the Town's request.

Mr. Jones reviewed with the Town Council the requested ETJ expansion area. He said along with Wake County staff, the Land Use Committee excluded a five-mile ring around Shearon Harris Nuclear Power Plant. Wake County feels the Town's polices and ordinances would be detrimental to the eco-system in this area.

Mr. Jones said that there will be a Wake County public hearing on September 19, and staff is requesting the Council's direction on which of the following three options to take before Wake County; the first option is to go forward with the original ETJ expansion request; the second option is to go forward with the reduced ETJ expansion request knowing that Holly Springs will be requesting additional area in the future and the third option is to take either option to Wake County with the authority to negotiate the fact of the Town's Avent Ferry pump station and the Town's infrastructure improvements can serve that area and maybe Wake County will compromise with the Town's request.

There was much discussion with Wake County that the road improvements were not adequate to meet the current traffic demands or in the event of a nuclear emergency.

Councilman Atwell asked what is Wake County proposing for that area. Mr. Jones said that Wake County is projecting five-acre lots residential.

Councilman Womble asked has the Town of Fuquay-Varina requested for expansion of their ETJ area.

Mr. Jones said prior to 1999 the Town of Fuquay-Varina requested Wake County for additional ETJ area and the County granted their request.

Mr. Dean said that the bigger issue mentioned with the evaluation route problem is that the Town does not stop the alignment in front of the plant and Progress Energy has the environmental issue well buffered and controlled. He said the request does provides some relief and that he agreed with Town staffs recommendation to take what the town can get and go back to Wake County and request for additional area at a later time.

There were further discussion regarding the annexation alignment agreements between Holly Springs and the other municipalities requesting ETJ expansion. Mr. Dean said that the Town of Fuquay-Varina is in agreement with the Town's ETJ expansion request.

Councilman Atwell asked the zoning of the properties in the requested ETJ expansion areas. Mr. Jones said the properties are mainly zoned R-80, R-30-residential Wake County zoning, which was a part of Wake County 's argument.

There were further discussion regarding staff recommendation and options.

Action: The Council made a motion to authorize Town staff to pursue the alternative which is not going to be opposed unless there's an window of opportunity to gain a broader ETJ area and leave it at staff's discretion at the September 19, 2005 Wake County meeting.

Motion By: Pearson

Second By: Womble

There was further discussion regarding how Wake County feels about the Town's policies and ordinances being detrimental to the eco-system in that area, the Council Members felt that it was something else. Mr. Jones said that was what Wake County came up with at the time as an explanation.

Vote: The motion carried following a 4-1 vote. Councilmen, Pearson, Womble, Atwell and Dickson voted for the motion. Councilman VanFossen voted against.

8d. Main Street Square, 05-PUD-01 - Mr. Jones explained to the Council that Main Street Square 05-PUD-01, Planned Unit Development is a proposed 36.75-acre mixed-use development that includes single-family residential, multi-family residential and commercial/office uses. The plans also indicate that 16.60 acres would be set aside for open space.

Mr. Jones reviewed with the Council Members the history and meetings regarding this plan.

Mr. Jones said the Planning Board has reviewed and recommends approval with added a condition regarding connectivity through Fairhill.

Mr. Tony Sease, the Planner / Architect representative, presented to the Council a power point presentation of the Main Street Square development.

Mr. Sease said that he had a concern with condition “9c” of the staff's recommendation of approval.

There was a lengthy discussion about showing the widening, curb and gutter and sidewalk (and dimension) per the Town standards along South Main Street . The 65' back to back cross section at intersection with NC55 Bypass transitioning to 41' back to back closer to downtown. It was determine to extend the time of submitting revised plans for this item at construction drawing review and approval. This will give the developer and Town staff time to develop a workable intersection plan for the intersection of NC 55 Bypass and along South Main Street .

Councilman VanFossen asked the numbers of proposed lanes required at that intersection. Ms. Sudano said according to the Town's Thoroughfare Plan she envisioned five lanes with a median at that intersection.

Action: The Council approved a motion to approve Planned Unit Development #05-PUD-01 for Main Street Square PUD as submitted by Boylan Development Company, drawn by BNK and Anthony M. Sease dated August 29, 2005 with the following conditions:

  1. A payment in lieu of downstream sewer improvements will be required for this project, based upon actual downstream upgrade costs.
  2. It is anticipated that a developer agreement will be prepared for this project and submitted for approval at a subsequent Town Council meeting. It is intended that the following items will be considered for inclusion into that agreement:
    1. The installation of the roundabout on this project at its intersection with South Main Street . This will rely partly on NCDOT's approval of the project, cost estimates, and environmental delineation information.
    2. Roadway connection to Somerset Farms. This will rely partly on cost estimates and environmental permitting information.
    3. Downstream sewer upgrades necessary to accommodate the project.
    4. Installation of gravity sewer to serve upstream properties – in specific the line that traverses the site to NC55 and is referenced in 4a below.
    5. Acquisition of NCDOT ROW that presently traverses property.
  3. The town is willing to look at the unconventional “greens” and “closes”, but will need to review more detailed information on configuration, radii, signage, markings, etc. at a later date before approval.
  4. The following item must be completed within 12 months of Town Council approval of this plan:
    1. The sewer line to upstream properties across NC55 will be designed and both sewer and construction easements will be dedicated.
  5. The following items will need to be submitted with each preliminary plan submittal:
    1. A separate plan clearly specifying radii, row, street cross-sections, on-street pavement markings, on-street parking signage, etc. must be submitted to the town for review and approval. These plans will also need to be incorporated into the construction drawings. Information should be very clear for ease of use by inspectors in inspections.
  6. The following items will need to be addressed prior to preliminary plan approval :
    1. This is in a drainage basin that has been identified as having flooding issues. As a result, a flood study is required to determine flood elevations along the drainage way both for this and adjacent developments. Also for the properties immediately downstream of the project, as runoff will be increase by this development. Because this is in an identified basin, it may be necessary to mitigate downstream impacts to flooding in some manner. The study should be completed prior to preliminary plan development plan approval if at all possible, but in no event may first construction drawing submittals be accepted until this study is fully completed and submitted. Town staff has heard discussions about possibly draining the pond on site. Please make sure that the flood study reflects what your plan includes.
    2. In follow-up to previous Engineering review comments 11 & 12, please provide draft Home Owner's Association language that addresses both pond and alley maintenance.
  1. The following items need to be addressed prior to (and/or are associated with) the first construction drawing submittal associated with the PUD:
    1. Developer needs to resolve right-of-way issue on right-of-way for NCDOT road that traverses property.
    2. Written documentation of USACE to fill pond will be required.
    3. Written documentation of NCDWQ and USACE to encroach into wetlands will be required.
    4. Documentation from NCDWQ of jurisdictional limits of stream will be required;
    5. Street lighting along NC55 Bypass, Main Street and internal site street lighting will be required.
    6. Note that there may be some alleys that will need to be available for field-testing by emergency equipment prior to paving, although it is understood and agreed that the primary access for these vehicles will be from public streets.
    7. It appears that sewer stub-outs are shown to serve upstream properties, however, location and depth is uncertain . There will need to be coordination with the Town to insure that the gravity sewer is placed appropriately to accomplish service to all upstream properties.
  1. The following items are to be addressed prior to 1st construction drawing approval of any project within this PUD :
    1. Provide both hydrologic and structural professional engineer reports for the existing pond dam (pond at southern end of property). Reports should also address potential for damage to existing downstream properties and homes in the event of a failure.
  1. Within 30 days of Town Council approval , revised documents including the following must be submitted to the Department of Planning & Zoning, otherwise the PUD Master Plan Approval will be null and void:
    1. Clarify language in written portion of PUD document to specify required pedestrian connection to Parkside (this is already shown on PUD plans).
    2. Revise plans to show consistently on all pages both an option for rab and for right in/right out driveways – use a note or graphics to accomplish this. A notation should be on each sheet to see inset of RAB.
    3. Graphically show widening, curb and gutter and sidewalk (and dimension) per Town standards along South Main Street . (65' back to back cross section at intersection with NC55 Bypass transitioning to 41' back to back closer to downtown). The notes on the PUD plan and in the written PUD documents presently indicate that this pedestrian connection is “per developer agreement” – those notes should be removed.

With amending condition 9c. to work with Town staff and submit a workable plan showing the widening, curb and gutter and sidewalk along South Main Street and intersection of NC55 Bypass at construction drawing submittals .

Councilman Van Fossen said that he would agree with the around a bout or right in and left out concept. Councilman Atwell said that he would not consider anything less than the 65' back to back cross section at intersection with NC55 Bypass transitioning to 41' back to back closer to downtown.

Motion By: Pearson

Second By: Womble

There were discussion regarding the landscaping view from NC Hwy. 55 Bypass and it was explained by Mr. Sease that the proposed landscaping along the NC Hwy. 55 Bypass was to plant street trees and he said at a later time in the process will be requesting for a buffer reduction in the landscaping requirements.

Ms. Bobber suggested amending the motion to add 9c as 7h to the conditions, to submit changes at the time of construction drawings.

Councilman Pearson amended his motion to removed condition “9c. Graphically show widening, curb and gutter and sidewalk (and dimension) per Town standards along South Main Street . (65' back to back cross section at intersection with NC55 Bypass transitioning to 41' back to back closer to downtown). The notes on the PUD plan and in the written PUD documents presently indicate that this pedestrian connection is “per developer agreement” – those notes should be removed.” and add as condition “7h.”, and Councilman Womble amended his second.

Vote: The motion carried following a 4-1 vote. Councilmen, Pearson Womble, VanFossen and Dickson voted for the motion. Councilman Atwell voted against.

8e. Gable Ridge Stormwater Improvement - Ms. Stephenson explained that staff has spent the last several months evaluating another detention area in the Gable Ridge drainage basin, and meeting with the residence to come up with a solution to improve the problem.

Ms. Stephenson said that this project consist of two phases, phase I is completion of full construction drawings and advertise for request for bids for the pipe upgrade and replacement, which includes exploring the realignment of the outlet and the extension of the pipes. She said Phase 2 is exploring detention options for the R-8, R-9, and R-10 areas.

Ms. Stephenson said that the pipe installation is able to move forward on a more aggressive schedule since there are no environmental permits associated with the improvements.

Ms. Stephenson said that the request is to consider adopting a budget amendment and to enter a professional service agreement with Kimley-Horn's Design Group to conduct a feasibility study of the detention options regarding the ability to secure a 404/401 permit from the USACE and NCDWQ and a buffer impact from NCDWQ. She said that this study will be able to become part of the permit application.

Mayor Sears at this time opened the meeting to receive any public comments.

Mr. Dave Keith of 5004 Sadelia Drive said that his concerns were that phase 1 will proceed forward quickly and the phase 2 areas will take much more time to complete, due to receiving approvals from the required State agencies. He said that his property is located down from the proposed replacement pipe and his property will be impacted by the increase of water capacity.

Ms. Stephenson said that staff will keep the homeowners in that area informed of the ongoing process.

Action: The Council approved a motion to adopt a budget amendment to the FY 2005-06 budget, in the amount of $190,000 and approve to enter a professional services contract with Kimley-Horne and Associates, Inc. in the amount of $190,000, which includes contingency, with the added condition that Mr. Dave Keith will be informed of the ongoing process and be given the opportunity to give his input as well the input of other residents in that area at future meetings.

Ms. Stephenson said that at 50% or possible 25% of completion this request will be back before the Board for further approvals per the schedule.

Motion By: Pearson

Second By: Womble

Vote: Unanimous

A copy of the Kimley-Horne and Associates, Inc. contract and budget amendments are incorporated into these minutes as addendum pages.

8f. Bridgewater Developer Agreement - Ms. Sudano said this request is to consider a developers agreement for Bridgewater subdivision, which was approved with the requirement for construction of an off-site roadway and waterline. She said the roadway is on the Town's thoroughfare plan and provides access to several developments via Bridgewater and will eventually cross Middle Creek.

Ms. Sudano said that this development agreement provides credits to the developer of transportation fees and water acreage fees to help offset the costs of these improvements. She said the estimated cost of the roadway construction is $435,952, and $106,200 for the 12" waterline. The maximum amount of credit fees available to the developer are $184,000 in transportation fees and $55,200 in water acreage fees.

A ction: The Council approved a motion to approve the Bridgewater subdivision developer agreement, providing fee credits of $184,000 in transportation fees and $55,200 in water acreage fees.

Motion By: Womble

Second By: Atwell

Vote: Unanimous

A copy of the Bridgewater developer agreement is incorporated into these minutes as addendum pages.

8g. Ballentine Street and New Hill Road Connection - Ms. Stephenson explained that currently, Phase 1 of Ballentine Street extension from Irving Parkway to Premier Drive is under construction. She said the request is for the Town Council to consider entering a contract with Mulkey and Associates in the amount of $255,000 for professional services for Phase 2, which consists of approximately 4,700 feet of two-lane roadway (one half of the thoroughfare cross section) to extend Ballentine Street from Premier Drive to New Hill Road at the Twelve Oaks subdivision.

Ms. Stephenson said that the contract includes surveying, geotechnical exploration, design, environmental permitting, 12-inch waterline design, 12-inch reuse/force main line design, plat preparation for right of way acquisition, and contract documents preparation sufficient for bidding the project.

She said once the Town has concurrence on the selected alignment, design for that one alternate will continue. She said that an individual permit, which is a 9-12 month process, is expected to be required for this extension based on the amount of environmental impact. Currently, there are three alignments that are being pursued with the environmental regulatory agencies.

She said that staff has also asked the engineer to include the proposed extension of Thomas Mill Road and to provide a preliminary layout showing a smooth connection to that roadway can be made in the future.

Councilman Womble asked about an exisiting house within the the proposed area. Ms. Stephenson said that at the time when the elevation and survey is completed, Town staff will review the impacts on that house.

A ction: The Council approved a motion to adopt the related budget amendments to the FY 2005-06 budget, in the amount of $255,000 and enter into a professional services contract with Mulkey and Associates in the amount of $255,000, which includes contingency.

Motion By: Womble

Second By: Pearson

Vote: Unanimous

A copy of the Mulkey and Associates contract and budget amendments are incorporated into these minutes as addendum pages.

8h. Duncan Cook Road and Buckhorn Duncan Road Water Purchase Agreement – Mr. Dean said t he following request is for approval to enter a contract with Harnett County to purchase a 8-inch water line and to purchase bulk water for 33 existing water customers in the Duncan Cook Road and Buckhorn Duncan Road area in the amount of $44,995. Mr. Dean said this will eventually enable the Town to provide a redundant supply of water through a loop.

Mr. Schifano said that as part of the consideration of the contract, Harnett County agrees not to install water, sewer, or separate stormwater systems north of the Holly Springs-Fuquay Varina Annexation line.

Mr. Schifano said the contract is still in draft form and some minor issues need to be negotiated, therefore the request is to approve the agreement subjected to terms acceptable by the town attorney and manager

Action: The Council approved a motion to adopt the related budget amendment and approve to enter a contract with Harnett County to purchase an 8-inch water line and bulk water, subject to terms acceptable by the town attorney and town manager.

Motion By: VanFossen

Second By: Dickson

Vote: Unanimous

A copy of the draft Harnett County water line and bulk water purchase agreement and budget amendments are incorporated into these minutes as addendum pages.

 

9. 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.

10. Other Business: None.

11. Manager's Report: Mr. Dean said the town has received a number of complaints regarding bad order and taste to the Town's water. He said that Mr. Tillage has been flushing the Harnett County water lines to correct the problem and the Town has been purchasing water from the City of Raleigh . Mr. Dean said that the Town and Harnett County will be reviewing the next water bill to consider the amount of flushing of the water lines. He said that the Town will start pumping water from the Harnett County water line on Thursday, Sept. 8.

Councilman Atwell asked for an update of the Avent Ferry Road progress and speed limit signs to be discussed at the next Town Council meeting.

1 2. Closed Session: None.

13. Adjournment: There being no further business for the evening, the Sept. 6, 2005 , meeting of the Holly Springs Town Council was adjourned following a motion by Council man Womble , a second by Council man Atwell and a unanimous vote.

Respectfully Submitted on Tuesday, Oct. 4, 2005 .

_________________________________

Linda Harper , CMC, Deputy Town Clerk

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