Holly Springs Town
Council
Regular Meeting
The Holly
Springs Town
Staff Members Present:
2 and 3.
The Pledge of Allegiance was recited, and the meeting opened with an
invocation by Mayor Sears.
4.
Agenda Adjustment: The
Motion
By: Dickson
Second
By: Atwell
Vote: Unanimous
Items
Added to the Agenda: Item 6p.,
Adoption of Ordinance 06-13 to establish project funds for the Business
Park Development project, was added to the Consent Agenda; item 7g.,
consideration of Resolution 06-31
authorizing condemnation proceedings to acquire property from various property
owners along New Hill Road for utility easements, and item 7h., consider
approval of funding and receive a report of Bass Lake Park repairs, were added
under New Business.
Agenda
Items Removed: None.
Other
Changes: None.
5a.
Public Hearing: Annexation
Ordinance A6-10, Beazer Homes Corp. – Mr. Zawadski explained that the Town
has received a petition for voluntary annexation filed by Beazer Homes
Corporation requesting annexation of 3.65 acres. He 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:
Tom Spaulding of Spaulding and Norris – Mr. Spaulding, representing the
applicant, addressed the Council offering to answer any questions. There were no questions.
There being no further input, the
public hearing was closed.
Action:
The Council approved a motion adopt Annexation Ordinance A06-10 annexing
3.39 acres owned by Beazer Homes Corp., and more particularly described as Wake
County Pin: 0648.11-67-5208,
into the corporate limits of the Town of Holly Springs.
Motion By:
Atwell
Second By:
Dickson
Vote:
Unanimous
A copy
of Annexation Ordinance A06-10 is incorporated into these minutes as addendum
pages.
5b.
Public Hearing: Growth Plan Amendment 06-GPA-03 / Zoning Map Change
Petition 06-REZ-07 --
Mr. Zawadski explained that the applicant is requesting a growth plan amendment
and zoning map change for property located at the corner of Piney Grove-Wilbon
Road and Avent Ferry Road.
Mr. Zawadski said the proposed
growth plan amendment is to change the Land Use Map designation of the site from
medium-density residential to a mixed-use designation. He said the proposed mixed-use land use
designation would be to allow for low-intensity business activity to take place
in mixed-use buildings at a small scale to promote a village atmosphere.
Mr. Zawadski said that at the May 23 Planning Board meeting,
members discussed the
Mr. Zawadski explained that if the growth plan amendment is
approved, the applicant also is requesting the property be rezoned from R-20:
Residential to LB: Local Business. He
said the proposed LB: Local Business zoning would be consistent with the
surrounding area. He said also the LB:
Local Business zoning district would be to promote a village-oriented,
pedestrian-friendly environment and would provide a full range of convenience
goods and services, which are necessary to meet the daily needs of nearby
residential neighborhoods.
With that explanation completed, Mayor Sears opened the
public hearing to accept comments. The
following comments were recorded:
Tom Spaulding of Spaulding and
Norris – Mr. Spaulding, representing the applicant, explained that the
Planning Board’s questions about adjacent uses was addressed to the Board’s
satisfaction.
There being no further input, the
public hearing was closed.
Action #1: The
Motion by:
Atwell
Second By:
Dickson
Vote:
Unanimous
Action
#2: The Council approved a motion that the following statement is true: The zone map change is
consistent with the
Motion by:
Atwell
Second By:
Dickson
Vote:
Unanimous
Action #3: The Council approved a motion to approve Zone Map Change
Petition #06-REZ-07 to change the zoning of 3.65 acres of Wake County
Motion by:
Atwell
Second By:
VanFossen
Vote:
Unanimous
5c.
Public Hearing: Zoning Map Change
Petition 06-REZ-08 – Mr. Zawadski said the Town had
received a request that two properties located near the intersection of
He explained that the properties
have access to
Mr. Zawadski explained that the
applicant is requesting a 4.65-acre portion of the larger property be rezoned
to LB: Local Business and the remaining 1.92 acres be rezoned to R-8:
Residential; and the entire .33 acres of the smaller property be rezoned to
R-8: Residential. He said the requested
R-8: Residential and LB: Local Business zoning would be compatible with the town’s
Land Use Plan.
Mr. Zawadski said at the May 23 Planning Board meeting, members
discussed the lack of vehicular access to the property. He said both
staff and the Planning Board recommend approval.
With that explanation completed,
Mayor Sears opened the public hearing.
The following comments were recorded:
Art Sheaffer, 224 Saranac -- Mr. Sheaffer said the notice residents received
resulted in questions: Without more
information, he said, residents are concerned about storm water run-off,
traffic and compatibility to adjacent uses.
John Hughes, 225 Saranac -- Mr. Hughes said Mr. Schaeffer addressed his
points.
At this time, Councilman Dickson asked staff to provide
information and to address what would be allowed in a Local Business zoning
district.
Mr. Zawadski explained that the pieces closest to the
adjacent residential properties would be rezoned to R-8. The LB parcel is separated from the existing
homes from the proposed R-8 zone.
He added that allowed uses in the LB zone include
low-intensity commercial, small retail stores, offices, and neighborhood
businesses.
Councilman Atwell asked for clarification that there would
be no access to the properties from the Hwy. 55 Bypass. Staff concurred.
Steve Seely, owner of
Kathy Nesmitt,
She asked what kind of lots would be in an R-8 zone. Council members explained that the lots would
be in the 8,000 square foot range.
Ruth Offan,
JoAnn Gross, 132 Tuska Hills Dr. -- Ms. Gross expressed concern over
traffic entering their development via the new road that may result. She also asked if buffering would be
provided. Council members explained that
the site plan would address roads and buffering.
Kevin O’Brien, 316 Saranac Ridge – Mr. O’Brien said he was okay with
the rezoning, but is concerned about access to the properties and stormwater
run-off.
Matt Williams, 220 Saranac Ridge – Mr. Williams said he opposed approval
of the rezoning without access to
Others who had registered to speak passed, saying that their
concerns had been addressed by other speakers.
There being no further input, the public hearing was closed.
Action:
The Council approved a motion to recuse Councilman VanFossen from
deliberation and action on this topic due to his professional involvement with
some aspects of the project.
Motion By:
Atwell
Second By:
Dickson
Vote:
Unanimous.
In discussion, Councilman Atwell said he had problems with
approving the request without confirmed access to
The Council asked about the logistics of tabling action on
the request.
Ms. Bobber explained that the planning department could
schedule the public hearing to be reopened at the first meeting in October.
Councilman Dickson suggested that the developer meet with
homeowners prior to submitting a site plan to address their concerns.
Both Councilmen DeBenedetto and
Womble agreed that tabling was a good idea.
Action: The Council approved a
motion to table action on the request until Oct. 3.
Motion By: Dickson
Second By: Womble
Vote: The motion carried
following a
Action:
The Council approved a motion to readmit Councilman VanFossen into the
meeting.
Motion By:
Atwell
Second By:
Dickson
Vote:
Unanimous.
5d.
Public Hearing: Installment
Financing - Mr. Boykin explained that in order to borrow
funds for renovations at the W.E. Hunt Center and for the acquisition of
property on Ballentine Street, the Town must first obtain approval from the
Local Government Commission. He said a
step in that application process is to hold a public hearing to receive
comments from citizens on the question of whether or not the town should seek
installment financing as opposed to other financing.
Mr. Boykin said the Town intends to finance
these two related projects as one project with two separate borrowings: one in July 2006 when $4,500,000 would be
secured, and one in January 2007 when $2,925,000 would be borrowed, for a total
of $7,425,000.
He said the first borrowing would
not exceed $4,500,000 and would be used to acquire a 5-acre parcel and a
96-acre parcel of land, estimated to cost $4,425,000; and to conduct
renovations at the
Mr. Boykin said after the public
hearing, the Council is asked to adopt two resolutions. The first resolution states that the Town has
determined certain findings of fact, including that installment financing is
more desirable than other types of financing and authorizes the filing of the
LGC application.
The second resolution, he said,
would approve financing terms from
With that explanation completed,
Mayor Sears opened the public hearing to accept input. The following comments were recorded: None.
There being no input, the public hearing was closed.
Action
#1: The Council approved a motion to adopt
Resolution 06-27, authorizing the filing of an application for approval of a
financing agreement to fund renovations at the
Motion By:
Womble
Second By:
Atwell
Vote:
Unanimous
A copy of Resolution 06-27 is incorporated into these minutes as
addendum pages.
Action
#2: The Council approved a motion to adopt
Resolution 06-30, approving financing terms and authorizing Town to enter into
a loan agreement with
Motion By:
Womble
Second By:
Atwell
Vote:
Unanimous
A copy of Resolution 06-30 is incorporated into these minutes as
addendum pages.
6.
Consent Agenda: All
items on the Consent Agenda were approved following a motion by
6a. FY 2006-07 Fee Schedule
Amendment - The Council approved the addition of a $500 timbering plan review fee to the FY
2006-07 fee schedule.
6b. Resolution 06-28 – The Council adopted
Resolution 06-28 declaring
certain property of the town to be surplus and authorizing the disposition of
said property. A copy of Resolution
06-28 is incorporated into these minutes as an addendum page.
6c. Budget Amendment Report – The Council
received a report of FY 2005-06 budget amendments #137 through #157 approved by
the town manager. A copy of the budget
report is incorporated into these minutes as addendum pages.
6d. Gable Ridge Drainage Culvert Inspection
Report – The Council
received a report of the Gable Ridge drainage culvert inspection.
6e. Ordinance 06-12,
6f.
Budget Amendment, $107,000 – The Council adopted an amendment to the FY 2005-06 budget
in the amount of $107,000 to correct Debt Service amount for March 2006 bond
refunding. A copy of the budget amendment is incorporated into these minutes as an
addendum page.
6g.
Budget Amendment, $4,100 – The Council adopted an amendment to the FY
2005-06 budget in the amount of $4,100 to appropriate funds for the
6h.
Budget Amendment, $235,000 – The Council adopted an amendment to the FY 2005-06 budget
in the amount of $235,000 to appropriate Fund Balance-Powell Bill funds for
fire station road projects. A copy of the budget amendment is
incorporated into these minutes as an addendum page.
6i. Budget Amendment, $140,000 – The Council adopted an amendment to the FY
2005-06 budget in the amount of $140,000 to allocate funds to cover customer
increase in the Town’s sanitation contract. A copy
of budget amendment is incorporated into these minutes as an addendum page.
6j. Budget Amendment, $17,820 – The Council adopted an amendment to the FY
2005-06 budget in the amount of $17,820 for final loan payment of the
6k. Allied Waste Systems Name Change – The Council approved the second reading of
an amendment to the town’s franchise agreement with Allied Waste Systems to
change the name of the franchisee to BFI Waste Systems. A copy
of town’s franchise agreement is incorporated into these minutes as addendum
pages.
6l.
6m.
6n.
6o.
6p. Ordinance 06-13,
7a.
Mr.
Reynolds said that the purpose of the plan is to protect public health, provide
for improved solid waste management, better utilize natural resources, control
the cost of solid waste management and make a good faith effort to achieve the
State’s 40% municipal waste reduction goal.
Mr.
Reynolds said the development of this Solid Waste Management Plan was a
cooperative endeavor involving multiple jurisdictions. All local governments
within
Mr.
Reynolds said that a draft of the solid waste management plan document was
supplied to all Wake County Public Libraries and Chambers of Commerce for
public review and comment. In addition,
the 2006 10-Year Comprehensive Solid Waste Management Plan was put on the
Additional
opportunities for public input in the planning process were provided at each
meeting of elected municipal officials when the draft plan was presented for
review and consideration.
Councilman
DeBenedetto asked that the County revise the plan to require review of waste-to-energy
alternatives every three years instead of “periodically.”
Councilman DeBenedetto asked why do
fees in the report state that
Councilman DeBenedetto asked what
would be the benefit to
Councilman Atwell asked if recycling
was not counter-intuitive to having increased volume at the landfill.
Mr. Reynolds responded that it’s a
matter of balance of policy. He said the
municipal partners make decisions based on the benefits they see in waste
reduction, even if it costs more.
Councilman Dickson asked for more
information on the county’s “Litter Management” section in the report.
Mr. Reynolds said the county’s
litter problems stem mostly from construction debris and debris released by unlicensed
haulers. He said the county has
increased its number of licensed haulers, which are required to cover their
loads.
Councilman Dickson asked if licenses
of haulers can be revoked for violations.
Mr. Reynolds answered that the county enforces its solid waste ordinances;
however, there is no code of conduct or provisions for controlling use of the landfill. Law enforcement issues would be addressed by local
police, he added. He said the county will
discuss with drivers and / or fleet managers who use the facilities to be
covered and make them aware of litter problems.
Mr. Reynolds noted that facility
operators are required to clean up within a mile of a facility.
Councilman Dickson said requiring
haulers to cover their loads would help, and he provided photos he took of an
uncovered truck presumably headed to a county facility.
Councilman VanFossen challenged the
county’s last-minute decision to contract with Waste Industries for hauling and
operation of the landfill.
Mr. Reynolds said Waste Industries
is equally interested in a good operation.
Mr. Schifano asked if the Town’s
adopting a resolution separating the landfill issue would suffice, or would the
county then require the town to have to its own solid waste plan.
Mr. Reynolds said whatever the town
has exception to in the plan, per the county attorney, needs to be replaced
with something else.
Mr. Schifano said the Town Council
agrees with most aspects of the plan and could replace the town’s exception to
all mentions of the South Wake Landfill with language explaining that the Town
of Holly Springs ships its solid waste to a facility in
He asked if the county attorney, as
he has in the past, would still require the Town of Holly Springs to provide
its own solid waste management plan.
Mr. Reynolds said he would urge the
county to not require that because
Councilman DeBenedetto asked if
there would be a savings for the town, why would the council not consider
entering into the South Wake Landfill partnership.
The position of the council in
response was that the question represents a whole other issue. If the town is not a partner, Mr. Reynolds
said, the town would pay market price for its hauling and disposal.
Action: The
Motion By:
VanFossen
Second
By: NO SECOND
Vote: No vote.
Action: The Council consider a motion to devise an
individual plan for the Town of Holly Springs, noting that such a plan would
not be completed by
Motion
By: Atwell
Second
By: Womble
In discussion, the council agreed as
a whole that this was not the best option for the town.
Vote: The motion failed following a 0-5 vote. Councilmen DeBenedetto, Womble, VanFossen,
Atwell and Dickson voted against the motion.
No one voted for.
Action: The
Motion By:
Atwell
Second
By: Dickson
Vote: Unanimous
A
copy of Resolution 06-29 is incorporated into these minutes as addendum pages.
7b.
Elevated Reuse Water Tank Site – Ms. Sudano explained that Davis-Martin-Powell Associates,
Inc. is designing the Town’s reuse effluent project and is ready to move
forward with selecting a site for the elevated reuse storage tank.
Ms. Sudano said that factors to
consider for the site are primarily: aesthetics, height and cost. She said the consultant has confirmed that
all proposed sites are of adequate size, a 200’ by 200’ site with minimal
grading.
Ms. Sudano said that staff recommend
site D as labeled on the map contained in agenda packets for the elevated reuse
water tank site.
Action: The
Motion By: Dickson
Second
By: Atwell
Vote: Unanimous
7c.
Garrison Subdivision Pump Station Plan –
Ms. Sudano said the Garrison subdivision pump station would be surrounded by
future residential lots but would be buffered per the Town’s design standards. She explained that staff will require the
developer to have future purchasers of adjacent lots sign documents
acknowledging their proximity to the Town-owned pump station that will require
maintenance and future expansion.
Councilman VanFossen asked what
provisions will be in place to notify surrounding property owners that a pump
station is located adjacent to their property. Mr. Schifano recommended that
the developer be required to note on the recorded plat to advise adjacent
property owners about the pump station.
Action: The
Motion By:
Atwell
Second By: Dickson
Vote: The motion carried following a 4-1 vote. Councilmen DeBenedetto, Womble, Atwell and
Dickson voted for the motion. Councilman
VanFossen against.
7d. Twelve Oaks Subdivision Pump Station Plan – Ms. Sudano said the Twelve Oaks pump
station is surrounded by future Twelve Oaks subdivision lots. She said the site
plan meets the buffer requirements of the design standards. She said that staff will also require the
developer to have future purchasers of adjacent lots sign documents
acknowledging their proximity to the Town-owned pump station that will require
maintenance and future expansion.
Councilman VanFossen reiterated his frustration with problems
the town experienced in the past with property owners adjacent to the Sunset
Ridge pump station when it was upgraded, although all of those residents had
signed documents acknowledging that the pump station was present and would be
upsized in the future.
Action: The
Motion By: Atwell
Second
By: Dickson
Vote: Unanimous
7e.
5516 Solomons Seal Court Variance Request – Ms. Keefer explained that the owner
of 556 Solomons Seal Court is requesting a variance to the flood damage
prevention ordinance to construct a pool and structure (pool pump house) on lot
65 in Sunset Lake Village Subdivision.
Ms. Keefer explained that the Sunset Lake Village
Subdivision’s plat was recorded in February of 1994, and the Town entered into
the National Flood Insurance Program (NFIP) in December 1994. She explained that at that time the first
version of the Flood Damage Prevention Ordinance was used to regulate
development in the FEMA Floodplain.
She said the Town continues to administer its Floodplain
Management Program and on
The previous FEMA map that became effective on
Ms. Keefer explained to the Council that the Town Council
has been authorized as the Appeal Board for the Flood Damage Prevention
Ordinance, to hear and decide all requests for variances. She explained that a variance may be issued
for development provided that it meets the variance requirements outlined in
section 8-125 of the Flood Damage Prevention Ordinance. She said the board is to consider the
technical evaluations, relevant factors, standards specified in sections of the
ordinance.
She reviewed with the Council members the following factors and
the written responses by the property owner or their authorized agent in the
variance application.
(1) The danger that materials may be swept onto
other lands to the injury of others;
Applicant’s Response: There will be no danger of materials being swept
onto other lands because the proposed pool and structure are outside of the
floodway.
(2) The danger to life and property due to
flooding or erosion damage;
Applicant’s Response: There will be no danger to life and property
because the pool and structure shall be built to TOHS Construction
standards. That is, the pool will comply
with standards set forth by the TOHS construction department.
(3) The susceptibility of the proposed facility
and its contents to flood damage and the effect of such damage on the
individual owner;
Applicant’s Response: There will be no susceptibility of this structure
to receive flood damage because the pool will be built at or below grade the
and structure with the mechanicals shall be built above the freeboard
elevation.
(4) The importance of the services provided by
the proposed facility to the community;
Applicant’s Response: N/A
(5)
The necessity to the facility of a waterfront location as defined under Sec.
8-85 of this ordinance as a functionally dependant facility, where applicable;
Applicant’s Response: N/A
(6) The availability of alternative locations,
not subject to flooding or erosion damage, for the proposed use;
Applicant’s Response: There are no other locations on the property that
will sustain this use.
(7) The compatibility of the proposed use with
existing and anticipated development;
Applicant’s Response: The pool and structure are for single family private
use.
(8)
The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
Applicant’s Response: This property is shown as Residential
Development on the Town’s Land Use Plan.
(9) The safety of access to the property in times
of flood for ordinary and emergency vehicles;
Applicant’s Response: The construction of the pool and the structure
will not encumber access by emergency and other ordinary vehicles.
(10)
The expected heights, velocity, duration, rate of rise, and sediment transport
of the floodwaters and the effects of wave action, if applicable, expected at
the site; and
Applicant’s Response: The pool and structure are not located in the
floodway.
(11) The costs of providing governmental services
during and after flood conditions including maintenance and repair of public
utilities and facilities such as sewer, gas, electrical and water systems, and
streets and bridges.
Applicant’s Response: N/A
Ms.
Keefer said that when considering the factors listed above and the purposes
of the Flood Damage Prevention Ordinance, the board may add additional
conditions to the granting of variances as it deems necessary to further the
purposes of this ordinance. She said
that staff recommends approval of the variance to the Flood Damage Prevention
Ordinance with conditions.
In discussion, Councilmen VanFossen
and Atwell expressed concern that the first finding of fact could not be found
because they do not have enough information about the pool construction to know
whether or not anything washed down stream would be a danger.
Councilmen Womble and DeBenedetto
expressed that they could make all the findings of fact and would be inclined
to grant the waiver since the owner simply got caught by a remapping project,
and because they felt a swimming pool would not pose a hazard if placed in the
owner’s backyard.
Action: A motion that the Council could make the
necessary findings of fact died for lack of a second.
Motion
By: Womble
Second
By: None
Vote: None
Action: The Council approved a motion that it could not make the
first two findings of fact but could make the remaining findings of fact to be
recorded in the minutes and denied the variance for lot 65 in the Sunset Lake
Village Subdivision,
(4)
Variances shall only be issued prior to development permit approval.
iii) a determination that the granting of a
variance will not result in increased flood heights, additional threats to
public safety, or extraordinary public expense, create nuisance, cause fraud on
or victimization of the public, or conflict with existing local laws or
ordinances;
Motion By: VanFossen
Second
By: Atwell
Vote: The motion carried following a 3-2 vote. Councilmen VanFossen, Atwell and Dickson
voted for the motion. Councilmen
DeBenedetto and Womble voted against.
7f.
Ms. Sudano said that the Town will
secure a change order price for the improvements from the Town’s
contractor. She explained that if the
price is satisfactory, then the developer will pay money to the town to cover
the change order (plus a contingency), and the Town will administer
construction of these improvements under its current construction contract on
this project.
Ms. Sudano said the developer’s
preliminary engineer’s opinion of cost for construction is $540,000. She said that there are many details related
to the developer’s required schedule for design, funding, etc., that would be
included in the agreement to insure that this change order does not increase
the Town’s cost or date of completion of the current road widening project.
Action: The
Motion By: VanFossen
Second
By: Atwell
Vote: Unanimous
7g.
Resolution 06-31, Condemnation of Easement - Mr. Schifano asked for Town Council
authorization to enter condemnation
proceedings, if necessary, to acquire property from various property owners
along
Action: The Council approved a motion to recuse
Councilman VanFossen from discussion and action on this top due to his
professional involvement with some aspects of the Twelve Oaks project.
Motion By: Atwell
Second By: Dickson
Vote: Unanimous.
Action: The
Motion By: Atwell
Second
By: Dickson
Vote: Unanimous
A copy of Resolution 06-31is incorporated into these minutes as
addendum pages.
Action:
The Council approved a motion to readmit Councilman VanFossen into the
meeting.
Motion
By: Atwell
Second By: Dickson
Vote:
Unanimous.
7h.
Action: The Council approved a motion to adopt an
amendment to the FY 2006-07 budget pulling funds from the Park Reserve Fund to
make repairs to
Motion
By: VanFossen
Second
By: Atwell
Vote: Unanimous
A
copy of the budget amendment is incorporated into these minutes as an addendum
page.
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 Womble asked about
He also reported an overgrown lot
between the old fire station and Eckerd Drug. Mr. Dean made note and said he knew of
several other trouble spots in town, too.
Mayor Sears that there is a huge
cavity in the road on Hwy. 55 right before its intersection with
10.
Manager’s Report: Mr. Dean reported that the
town’s Finance Department had earned an award, a Certificate of Achievement for
Financial Reporting. He said it was remarkable
for a town to get this recognition, especially in the first year.
11.
Closed Session: The Council approved a motion to
enter into Closed Session, pursuant to G.S. 143-318.11(a)(6)
and G.S. 143-318.11(a)(4) to discuss matters
relating to economic development and to a personnel issue.
Motion
By: VanFossen
Second
By: Atwell
Vote: Unanimous
General Account of Closed Session –
In Closed Session, the town manager
and Council updated Council members on a prospective new industry, and he
sought Council’s consensus on the potential reorganization of the town’s
Department of Public Safety, especially as it relates to specific employees.
-- End General Account
The Council approved a motion to return to Open
Session. The motion was made by
Councilman Dickson, seconded by Councilman Womble and carried unanimously.
12.
Adjournment: There being no further business for
the evening, the
Respectfully
Submitted on
_________________________________
Joni S. Powell,
CMC, Town Clerk
Addendum pages as referenced in these
minutes follow and are a part of the official record