Holly Springs Town Council Minutes

 

Regular Meeting

Jan. 17, 2006

 

The Holly Springs Town Council met in regular session on Tuesday, January 17, 2006, in the Council Chambers of Holly Springs Town Hall, 128 S. Main Street.  Mayor Dick Sears presided, calling the meeting to order at 7:05 p.m.  A quorum was established as the mayor and three council members were present as the meeting opened. 

 

Council Members Present:  Councilmen Vinnie DeBenedetto, Chet VanFossen and Peter Atwell and Mayor Sears.

 

Council Members Absent:  Councilmen Parrish Womble (arrived at 7:12) and Hank Dickson (arrived 7:15.)

 

Staff Members Present: Carl Dean, town manager; Charles Simmons, assistant 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; Kendra Stephenson, senior engineer; Stephanie Sudano, director of engineering; Cecil Parker, chief of public safety; Mark Andrews, public information officer; Carl Dangerfield, chief plant operator; Amy Moore, lab analyst; Drew Holland, finance director; and Len Bradley, director of parks and recreation.

 

2 and 3.  The Pledge of Allegiance was recited, and the meeting opened with an invocation by Mayor Sears.

 

4.  Agenda Adjustment:  The January 17, 2006 meeting agenda was adopted with changes, if any, as listed below.                                   

            Motion By:  VanFossen

            Second By:  Atwell

Vote: Unanimous

            Items Added to the Agenda:  Appointment of a member to fill a vacancy on the Parks and Recreation Advisory Committee.

            Agenda Items Removed:  None.

            Other Changes:  None.

 

5a.  Public Hearing:  Annexation Ordinance A06-01, Thomas and Utley Heirs  -  Mr. Jones explained that the Town had received a petition for voluntary annexation filed by the Thomas and Utley Heirs, requesting annexation of 54.669 acres located south of Grigsby Avenue and west of the Somerset Farms subdivision.  Mr. Jones said the petition meets all the statutory requirements for annexation. 

            He added that the town received a letter from the applicant’s engineering firm requesting the Town Council to continue the public hearing until the February 7 Town Council meeting when the Somerset Stream developer agreement is expected to be completed. 

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

Action:  The Council approved a motion to continue the public hearing for Annexation Ordinance A06-01 to the February 7, 2006 Town Council meeting.

Motion By:  Atwell

Second By:  DeBenedetto

Vote:  Unanimous

     

 5b.  Public Hearing:  Annexation Ordinance A06-02, Holly Homes, LLC  -  Mr. Jones explained that the Town had received a petition for voluntary annexation filed by Holly Homes, LLC, requesting the annexation of 7.33 acres being developed as Hunter Glade.  Mr. Jones said 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 A06-02 annexing 7.33 acres owned by Holly Homes, LLC, and more particularly described as Wake County PIN: 0659-52-5277, into the corporate limits of the Town of Holly Springs.

Motion By:  Atwell

Second By:  VanFossen

Vote:  Unanimous

      A copy of Annexation Ordinance A06-02 is incorporated into these minutes as addendum pages.

 

5c.  Public Hearing:  Utley Creek WWTP 201 Facilities Plan -  Ms. Sudano said that the Council is to hold a public hearing to receive comments regarding the proposed 201 Facilities Plan Amendment that is required in order for the town to qualify for funding for a planned plant expansion through the State Revolving Loan Fund.

Mr. Ed Powell of Davis-Martin-Powell and Associates addressed the Council, showing a Power Point presentation covering the history of the Utley Creek Wastewater Treatment Plant and future projections for population and flow increases.  He outlined the existing WWTP facilities and the ones that are proposed for the expansion.

Mr. Powell said the expansion project cost and funding are broken down into two phases,and when phase two is completed, the Town’s user charges would be increased.  Mr. Powell said with the plant upgrade, the town’s wastewater needs will be met through 2025. 

Councilman DeBenedetto asked what would be the time frame for the beginning of phase two.

Mr. Powell said that when the Western Wake plant goes online, the Town will be ready to begin phase two, in approximately 2010.

There was discussion about phase one and two cost projections and how those projections were calculated.  Mr. Powell said the projections were based on the existing industry and the residential growth patterns of the town. 

Mr. Dean said the town is saving money by choosing this route verses the route of the Western Wake Regional Wastewater Treatment Partners.

            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 Resolution 06-04 amending the 201 Facilities Plan and authorizing the Town of Holly Springs to apply for $30,300,000 in project funding under the State Revolving Loan Program.

Motion By:  VanFossen

Second By:  Atwell

Vote:  Unanimous

      A copy of Resolution 06-04 is incorporated into these minutes as an addendum page.

 

5d.  Public Hearing:  Extraterritorial Jurisdiction Expansion - Mr. Jones said town staff hosted two informational meetings in November and January for residents living in the proposed ETJ expansion area.  The residents, he added, were notified of the meetings and of the public hearing by mail.

            Mr. Jones reported that on November 21, 2005, the Wake County Board of Commissioners granted the Town of Holly Springs the authority to extend its Extra-Territorial Jurisdiction.

Following the public hearing, Mr. Jones said, the Council will consider adoption of Ordinance 06-01 enacting the new ETJ area and changing the zoning of the new ETJ area to Holly Springs R-30: Residential district as specified in UDO Section 1.20, H.

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

            Kathy Davis of 5428 Perfect Peace Circle – Ms. Davis asked the definition of R-30, residential zoning district.

            Mr. Jones said that R-30 residential zoning district is defined as agricultural and rural residential uses.

            There being no comments, the public hearing was closed.

Action:  The Council approved a motion to adopt Ordinance 06-01 extending the Town of Holly Springs extraterritorial jurisdiction.

Motion By:  Atwell

Second By:  Dickson

Vote:  Unanimous

      A copy of Ordinance 06-01 is incorporated into these minutes as addendum pages.

 

            Councilman DeBenedetto asked if additional appointments would be required for the Planning Board and Board of Adjustments with the increased ETJ area.

            Mr. Jones explained that the membership calculations for the boards are based on the current ETJ area, so, yes, the new ETJ area would require adding one Planning Board alternate member from the new ETJ area.

 

6.  Consent Agenda:  With a correction to the Nov. 29 Town Council meeting minutes to state that Councilman Atwell was absent, all items on the Consent Agenda were approved following a motion by Councilman Atwell, a second by Councilman Womble and a unanimous vote.  The following actions were affected:

      6a.  Minutes - The Council approve the minutes of the board’s special meeting held on Nov. 29, 2005 as corrected; and regular and special meetings held in December 2005.

      6b.  Budget Amendment Report – The Council received a report of amendments to the FY 2005-06 budget Nos. 46 – 64.  A copy of the budget amendment report is incorporated into these minutes as addendum pages.

      6c.  Budget Amendment, $7,700 – The Council adopted amendments to the FY 2005-06 budget in the amount of $7,700 for purchase of a printer.   Copies of the budget amendments are incorporated into these minutes as addendum pages.

      6d.  Budget Amendment, $50,000 – The Council adopted an amendment to the FY 2005-06 budget in the amount of $50,000 for economic development project consulting fees.           A copy of the budget amendment is incorporated into these minutes as an addendum page.

      6e.  Resolution 06-05 – The Council adopted Resolution 06-05, a supplemental resolution changing the date of the Town’s recent bond order to March 1, 2006.  A copy of Resolution 06-05 is incorporated into these minutes as addendum pages.

      6f.  Holly Springs Elementary School Drop-Off Loop Landscaping Contract – The Council agreed to enter a contract with Cloer Nursery Company in the amount of $5,500 for landscaping for the Holly Springs Elementary School drop-off loop. A copy of the Cloer Nursery Company contract is incorporated into these minutes as addendum pages.

      6g.  Somerset Farm drainage basin study – The Council retained the services of Mauldin-Watkins Surveying for $26,000 for Somerset Farm drainage basin survey work.  A copy of the Mauldin-Watkins Surveying contract is incorporated into these minutes as addendum pages.

     6h.  Avent Ferry Road Pump Station Electrical Easement – The Council agreed to enter into an agreement with Progress Energy for the provision of an easement for electrical service to the Avent Ferry Road pump station.  A copy of the Progress Energy agreement is incorporated into these minutes as addendum pages.

 

         Councilman Dickson asked staff if the Cloer Nursery Company agreement included a warranty for the proposed landscaping.

         Ms. Stephenson said yes.

 

7a.  Things of Joy Gift Shop Property Sidewalk Waiver - Ms. Bobber explained to Council members that the Things of Joy Gift Shop site plan was approved by the Town Board in 1999 and that the approval included a perpetual waiver for the installation of a sidewalk along Earp Street and the paving of the parking lot for the store and a two-year waiver for the construction of a sidewalk along N. Main Street.  A condition of the approval was that in two (2) years, the waiver for the N. Main Street sidewalk was to be reconsidered.

            Ms. Bobber said that several months ago, the gift shop closed and the owner put the building up for lease.  She said that staff was approached by a company interested in locating in the building.  Ms. Bobber said at that time this condition of the approval was found and staff researched to verify if the owner had returned to the Town Council to discuss whether or not the waiver for the N. Main Street sidewalk should remain.

            Ms. Bobber said that it was determined that the owner had not returned for Town approval for any waivers. 

            Ms. Bobber said that the owner is requesting, however, that the construction of the sidewalk be waived. 

            Property owner James Willis of 902 Carob Court addressed the Council.    He said that the house was built in 1840 and that he would like to maintain some of the historical integrity of the property.  He explained that the house is sitting seven feet from the curb and fears that digging within that area would cause damage to the foundation of the building. 

            Mr. Willis said that he had lost two rental prospects because of the uncertainty of the requirements of the installation of sidewalk and/or the fees-in-lieu of sidewalk.  Mr. Willis said that he feels that he should not be required to pay the fees-in-lieu for installing sidewalk, being the Town bore the expense of installing sidewalks on South Main Street from W. Earp Street to Avent Ferry Road without fees-in-lieu from the property owners of those properties.

            After much discussion, the Council members were in consensus that the town should waive the requirement for installation of sidewalk or a fee-in-lieu for sidewalk improvements until neighboring parcels are developed. 

            Action:  The Council approved a motion to allow a waiver of the requirement for the installation of sidewalk or fee-in-lieu for improvements until such time as development of the contiguous parcels necessitate the installation of the sidewalk on the subject parcels. 

            Motion By:  Atwell

            Second By:  VanFossen

            Vote:  Unanimous

A copy of James Willis’ letter requesting the waiver is incorporated into these minutes as addendum pages.

 

7b. Parks and Recreation Advisory Committee Appointment   – Councilman Dickson said that the Parks and Recreation Advisory Committee met on Thursday, January 12, 2006 and nominated Beth Rayburn of 104 Otter Crest Way to fill a vacancy on the Parks and Recreation Advisory Committee with a term to expire June 30, 2006.

Action:  The Council approved a motion to appoint Beth Rayburn of 104 Otter Crest Way to fill a vacancy on the Parks and Recreation Advisory Committee with a term to expire June 30, 2006.

            Motion By:  Dickson

            Second By:  Womble

            Vote:  Unanimous

 

 8.  Public Comment: At this time, an opportunity was provided for members of the audience who had registered to speak to address the Council on any variety of topics not listed on the night’s agenda.  None.

 

9.      Other Business:  Councilman Atwell congratulated and thanked the engineering

department for the Soil & Erosion program’s receiving a prestigious award.  He said that he had concerns with dirt in the roadways on several town construction sites such as: the pump station project on Avent Ferry Road, the new fire station site on Holly Springs Road and the Library/Cultural Center on Ballentine Street.  Ms. Sudano said that she would look into those sites and requested that councilmen call her if they should see continuing problems.

           

10.  Manager’s Report:   None.

 

11.  Closed Session:

            Action:  The Council approved a motion to enter into Closed Session, pursuant to G.S. 143-318.11(a)(4) to discuss a topic involving a economic development project.

            Motion By:  Atwell

            Second By:  Dickson

            Vote:  Unanimous

 

General Account of Closed Session – Jan. 17, 2006

            In Closed Session, the town manager updated Council members on the progress of a potential new company expressing interest in acquiring the Wake County landfill site located in Holly Springs.  No action was taken.

-- End General Account

Councilman Atwell approved a motion to return to Open Session, second by Councilman Dickson, and the vote was unanimous.

 

12.  Adjournment:  There being no further business for the evening, the Jan. 17, 2006, meeting of the Holly Springs Town Council was adjourned following a motion by Councilman Atwell, a second by Councilman Dickson and a unanimous vote.

 

Respectfully Submitted on Tuesday, Feb. 7, 2006.

           

 

 _________________________________

Linda R. Harper, CMC, Deputy Town Clerk

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