Holly Springs Town Council Minutes

 

Regular Meeting

Aug. 15, 2006

 

The Holly Springs Town Council met in regular session on Tuesday, August 15, 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 Parrish Womble, Chet VanFossen, and Hank Dickson and Mayor Sears.

 

Council Members Absent:  Councilmen Peter Atwell and Vinnie DeBenedetto.

 

Staff Members Present: Carl Dean, town manager; Charles Simmons, assistant town manager; John Schifano, town attorney; Linda R. Harper, deputy town clerk (recording the minutes); Gina Bobber, director of planning and zoning; Alison Huffman, planner I; Kendra Stephenson, senior engineer; Mark Andrews, public information officer; Drew Holland, finance director; Larry Boykin, assistant finance director; Debbie Whitaker and Gloria Heggie, utility billing specialists; Kelly Caviness, accounting service manager; Patty Dressen, accounting technician; 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 Rabbi Edery of The Temple Beth Shalom.

 

4.  Agenda Adjustment:  The August 15, 2006 meeting agenda was adopted with changes, if any, as listed below.                         

            Motion By:  Dickson

            Second By:  Womble

Vote: Unanimous

            Items Added to the Agenda:  None.

            Items Removed from the Agenda:  None.

            Consent Agenda Items Moved to Regular Business: None.

            Other Changes:  None.

 

5a. Government Finance Officers Association Award Presentation – Mr. Ken Chavious presented a Certificate of Achievement for Excellence in Financial Reporting award to the Town’s finance department by the Government Finance Officers Association (GFOA) of the United States and Canada for its comprehensive annual financial report (CAFR).

            Mr. Chavious said that the Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management.

            Action:  None.

 

5b. Holly Springs Chamber of Commerce Membership Directory – Mr. Scoop Green, executive director of the Holly Springs Chamber of Commerce, explained how the membership directory is an important fund-raiser for the Chamber and how the town uses the books in its welcome packets that are provided to new residents who sign up for water services each month. 

Mr. Green requested the Town to consider releasing the funds of $15,000 for the publication of the membership directories.  He added that, as a Platinum member of the Chamber’s Investment Club, the Town of Holly Springs is provided a full-page ad in the directory.

            Mr. Green said that he will be coming back to the Council to discuss to what degree the Chamber hopes to receive for future funding for this project.

            Action:  The Council approved a motion to approve funding of the Holly Springs Chamber directories in the amount of $15,000.

Motion By:  Womble

            Second By:  VanFossen

            Vote:  Unanimous

 

6a.  Public Hearing:  Ordinance 06-14, UDO Amendment 06-UDO-04 on Signs Ms. Bobber explained that the public hearing for Ordinance 06-14 remains open from the July 18 and August 1 Town Council meetings. 

                Ms. Bobber said since February of last year, the Town has studied the sign regulations of the UDO and held two public meetings with local businesses.  She said there were five (5) persons in attendance at the February 3, 2005 sign workshop and one (1) in attendance at the June 6, 2006 workshop.  Ms. Bobber said that several amendments to the sign section are needed and are included for consideration.

                She said the current regulations addressing out-parcels do not allow monument signs, but the amendment would allow for out-parcel monument signs, but only interior to the center.  The Technical Review Committee (TRC) discussed allowing out-parcel signs to be on the perimeter of the integrated center adjacent to a street.

                Ms. Bobber discussed the following outline of sign UDO amendments with the Council:

Global Changes:

·         NV: Neighborhood Village references to LB: Local Business

·         Development Incentive references to Development Options

·         Board of Commissioners references to Town Council

 

7.03 A: Master Sign Plans:

·         Eliminate for residential subdivisions and single-use sites.

·         Still require Town Council approval with Development Petition.

 

7.03 B: Sign Zones:

·         Added “Interior Sign Zones” to the LB, CB, and GB Districts to allow for ground signs on all out lots in Integrated Centers.

 

7.03 D: Signs in Residential Districts:

·         Increased allowed sign size from 4 sq. ft. to 32 sq. ft. and height from 4’ to 6’ for Educational, Governmental, and Religious uses.

·         Added new temporary sign provisions for “platted subdivisions” to have a 32 sq. ft. sign instead of 6 sq. ft. and allows more signs based upon number of entrances, not just one per road frontage.

 

7.03 E: Signs in Commercial/ Mixed-Use/ and Industrial Districts:

·         Increases sign height allowances from 8’ to 15’ for integrated centers with more than 1000’ of public road frontage.

·         Adds provisions to allow out lots in Integrated Centers to have individual ground signs within the “Interior Sign Zone” NOT along the public road frontage.

 

 

 

 

 

 

 

 

 

 

 

 

 

7.03 F: Signs in the LB District along Residential Gateways and in the TV District:

·         Increases the size allowance for temporary signs from 6 sq. ft. to 32 sq. ft. to match all other non-residential districts.

 

7.03 G: General Sign Regulations:

·         Changes sign area calculations- eliminates sign structure or decorative casing from the calculations, however limits the structure and decorative elements to a maximum of 50% of the signage area.

·         Results: ground signs that are currently limited to 40 sq. ft. may become as large as 60 sq. ft. (40 sq. ft. of sign and 20 sq. ft. of structure/decorative elements) and shopping center signs may become as large as 120 sq. ft. (80 sq. ft. of sign and 40 sq. ft. of structure/decorative elements).  Signs will still be limited to maximum height for the specific district.

 

 

Ms. Bobber said staff and the Planning Board recommend approval.

She added that the Planning Board reviewed the amendments and suggested further discussion on several items.  Ms. Bobber said the Planning Board recommends that signs in commercial, mixed-use and industrial districts should be internal to the integrated center.

Councilman VanFossen commented that all business signs -- external as well as internal -- should be consistent and have equal signage.  There was much discussion among the Council and staff regarding signs on commercial lots for internal and out-parcels, allowing individual ground signs, versus allowing only the external lots to have ground signs.  Ms. Bobber said the Planning Board reviewed both options and recommends the sign to be internal to the integrated center.

Ms. Bobber said that another point of discussion for the Planning Board was other than adding a time frame for removal, was the provision when a business goes “out of business” that the sign must be removed if the business has been out of business for 60 days.  She said that many Planning Board members thought that removing a perfectly good sign that meets town standards was an issue and that the Town shouldn’t require the removal of such a sign.

There was much discussion of different options for removal of signs when a business goes “out of business,” such as, leaving the structure or frame in place and replacing the face with a blank panel.  Ms. Bobber said that staff recommends leaving section 7.03, G., 4 or 7.03 G., 10, in the ordinance without changes.  Councilman VanFossen said that he agreed with staff’s recommendation.

Ms. Bobber said that the Planning Board members also discussed the Town’s methods used for calculating the monument sign surface area.  She said staff proposes to allow up to 100 percent of the allowable sign surface area to be used as support structure, but the Planning Board recommends that only 50 percent of the allowable sign surface area be used, thus allowing only a 48 square foot structure.

Ms. Bobber said amendments to section 7.03, E., 3, d, e, f. and g, addressing grounds signs needs to be added to the listed amendments to be considered.  She said that it reduces the size of a double-faced sign from 40 square feet to 32 square feet and adds regulations for “Post & Arm Signs” with 7.03, 3.,3.,d. e. and specify in d. the maximum sign surface for a post & arm sign is six (6) square feet.  And in e. the maximum height for a post & arm sign is 8’ for the sign and 10’ for the decorative post.

Councilman Womble asked if the currant ordinance would allow signs that will list the names of businesses located within the shopping center.  Ms. Bobber said yes the ordinance allows these types of signs.

There were discussion among town staff and Councilman VanFossen to allow interior lots of a shopping center to have a sign on the road frontage.  Councilman VanFossen said that he was in favor of allowing ground signs for internal lots and be consistant with all lots.  Councilman Womble said that he agreed.  Councilman Dickson said that he did not agree with allowing road frontage ground signs for internal lots.  Ms. Bobber said the Planning Board discussed both options and recommends the sign to be internal to the integrated center.

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

There being no input, the public hearing was closed.

            Action:  The Council approved a motion to adopt Ordinance 06-14, to approve Unified Development Ordinance Amendment 06-UDO-04, modifying Section 7.03, Sign Regulations, with the following modification to the appropriate sign sections:

a.       To “reduce size of double-faced signs from 40 square feet to 32 square feet and add regulations for Post & Arm Signs” with 7.03, 3.,3.,d. e. and specify in d. the maximum sign surface for a post & arm sign is six (6) square feet.  And in e. the maximum height for a post & arm signis 8’ for the sign and 10’ for the decorative post.

            Motion By:  VanFossen

            Second By:  Dickson

            Vote:  Unanimous

         A copy of Ordinance 06-14 (06-UDO-04) is incorporated into these minutes as addendum pages.

 

6b. Public Hearing:  Zoning Map Change Petition 06-REZCU-10 – Ms. Bobber explained to the Council that the property owner is requesting to rezone both properties along N. Main Street to WD: warehouse/distribution district conditional use.  She said the property owner is proposing to remove the existing office structure and build a new multi-use office/retail/storage building in front of the existing mini-storage warehouses.  She said the property owner wishes to expand his current business to include climate controlled self-storage in the new building on the second and third floors and with office and retail located on the first floor.  Ms. Bobber said that the Ten Year Growth Comprehensive Plan identifies this property as retail and office uses. 

Ms. Bobber said upon approval of rezoning the property, plans for the new storage area would be submitted and reviewed at a later time through a special exception use process.

            She reported that the applicant has committed the following for both parcels:

            Permitted Uses allowed on parcels 0649-87-7451 and 0649-87-2410 for Security Self Storage would be:

            Office / Professional Services:  Including but not limited to, Construction Companies (office only);  Contractors (office only); Corporate Headquarters (office only); Home Remodeling Companies (office only); Manufacturers Representatives. 

            Special Exception Uses allowed on parcels 0649-87-7451 and 0649-87-2410 for Security Self Storage would be:

            Clothing Service:  Including but not limited to, Dry Cleaning / Laundry Establishment; Shoe Repair Shop;  Tailor and Pressing Shop.

            Food Sales and Service:  Including but not limited to, Bakery – retail;  Convenience Store;  Dairy Bar – retail;  Delicatessen;  Ice Cream Store – retail;  Restaurant – Drive In;  Restaurant – Drive Through;  Restaurant – Fast Food;  Restaurant – Sit Down;  Yogurt

            Industrial Use:  Including but not limited to,

            General Industrial Uses: Self-storage (Mini-) Warehouse

            Office / Professional Services:  Including but not limited to, Bank Machines – Walk-up; Bank Machines – Drive-Through;  Bank Machines – Free-standing;  Bank / Savings & Loan / Credit Union.

            Personal Service:  Including but not limited to, Barber Shop;  Beauty Shop;  Health Spa or Fitness Center;  Tanning Salon.

            Recreation:  Including but not limited to, Dance Studio; Gymnastics Studio; 

            Retail:  Including but not limited to, Apparel Shop;  Arts and Craft Store;  Camera Store;  Card Shop;  Computer Store;  Convenience Store;  Drug Store;  Flower Shop;  Gift Shop;  Newsdealer;  Shoe Store;  Stationery and Book Store;  Tobacco Store;  Variety Store;  Video Store.

            Accessory Uses:  Those accessory uses listed in Section 4.01, A., 3., below, under the headings of  Food Sales and Service, Personal Service or Retail may exceed the limitations set forth in Section 4.01, A., 3., a., below, and be approved by the grant of a Special Exception to occupy from twenty-five (25) percent to one-hundred (100) percent of the net leaseable area of the ground floor of a building, provided that the limit of such uses to not exceed ten (10) percent of the gross floor area of all buildings combined shall apply.

 

            Ms. Bobber explained that the following are primary uses that would be allowed on the Security Self Storage site:  office / professional services, construction companies (office only), contractors (office only); corporate headquarters (office only); home remodeling companies (office only); and manufacturer representatives. 

            Ms. Bobber explained the definition of accessory uses and referenced special exception uses that are allowed on the current parcel. 

            Ms. Bobber said the Planning Board members discussed the following:

·    the proposed list of commitments (as listed above);

·    the primary and special exception uses;

·    the warehouse distribution district is the only district that allows for self-storage facilities;

·    the difference in the setbacks and landscaping between the local business and warehouse distribution districts;

·    the typical local business uses that requires a special exception use; and

·    the difficulty to rent spaces for such a building. 

Ms. Bobber said that staff and the Planning Board recommend approval, following a vote of 7 to 0.

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

Kathleen Kelly of 904 Bonhurst Drive said that her property abuts the property being proposed for rezoning and that she opposes the rezoning.  She said that she also opposes to the list of possible uses that are listed as the property owners’ commitments.  She said that the impacts of rezoning the property would depreciate her property values and the surrounding properties. 

Councilman Dickson asked if with the rezoning approval, would self storage facilities and office/retail uses be allowed on the site. 

Ms. Bobber said yes this rezoning would allow self storage facilities and some minor retail and office uses to be located at the front of the property along North Main Street.  She said what this rezoning is accomplishing is that the property owner is putting additional limitations on what can be built on the site.  She said the current zoning allows more detrimental structures that can be built on the site.

Councilman VanFossen explained that what is being proposed was to remove the existing structure located at the front of the property on N. Main Street and develop a three story building with climate control storage on the second and third story.  He said this rezoning would put limitations on what can be constructed on that site.

Councilman Dickson said that this rezoning would not change any current conditions to the rear of the property nearest Bonhurst Drive, which would be unaffected by the rezoning.

There was further discussion about the development of the property as a special exception use that would require the property owner to come back to the Town Council for construction approval of the new facilities.

Ms. Kelly asked the distance between her property line and the rear of the storage units and was concerned about the junk located at the rear of the property.

            Kurt Regensburger of 1101 N. Main Street, the property owner, said that he was proposing to expand and enhance the appearance of the self storage facility along North Main Street to construct on one half acre a retail business on the first floor and self storage facility on the second and third floors.  Mr. Regensburger said the existing storage units are completed and would not go any further back as they are now. 

            Councilman VanFossen explained again that this rezoning petition is proposing to construct a three story building with office and retail located on the first floor and storage on the second and third stories along N. Main Street.  He said the rear of the property would remain untouched, except for maintenance and clean up.  He said this petition is only for consideration for the possible uses allowed in the WD: warehouse/distribution district conditional use zoning district.  Councilman VanFossen said that with the added conditions, this would limit the property owner in what he can construct on the property and it would benefit the town and the adjacent property owners as well as in the appearance along North Main Street.

            Mayor Sears said the Town Council is only considering the zoning of the property and the conditional uses allowed in WD: warehouse/distribution district conditional use zoning district.   He said the second phase will be the site plan review and approval phase and that’s when the discussion on the structure, setbacks and design will take place.

Walt Froster of 920 Bonhurst Drive said that he was concerned whether the Town followed all the required zoning procedures for rezoning of property and that several other property owners in that area did not received a notice of any proposed rezoning.  He said that he was also concerned with the existing facility that it was being used for unsuitable uses such as someone within the facility playing drums in the middle of the night and automobile repairs on the site.  Mr. Froster said that he was also concerned about the surrounding environment and the development of the community without planned open space and greenways. 

Ms. Bobber said that all the adjacent property owners should have received a letter from the Town, and the property was posted, a legal ad was advertised in the paper and advertised on the Town’s website.

Mayor Sears invited Mr. Froster to visit more of the future Town Council meetings to hear about the town’s plans for greenway and open space.  He said the Town does a great job incorporating greenways and open space into the proposed plans as they are submitted by developers.

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

            Action #1:  The Council approved a motion that the following statement is true:  “The requested zone map change from WD: Warehouse/Distribution & LB: Local Business to WD-CU: Warehouse/Distribution-Conditional Use is consistent with the Holly Springs Ten Year Comprehensive Growth Plan since the future Land Use Plan Map indicates this property as Business and the Warehouse/Distribution Conditional Use Permit commitments sets only those uses that are in character with the business designation as potential uses for these parcels.”

            Motion By:  VanFossen

            Second By:  Dickson

            Vote:  Unanimous

 

Action #2:  The Council approved a motion to approve Zone Map Change Petition and Conditional Use Permit 06-REZCU-10 to change the zoning of 4.09 acres of Wake County PIN(s): 0649-87-7451 and 0649-87-2410 from LB: Local Business and WD: Warehouse/ Distribution to WD-CU: Warehouse/Distribution Conditional Use as submitted by Kurt Regensburger including all conditions offered by the property owner.

            Motion By:  VanFossen

            Second By:  Womble

            Vote:  Unanimous

 

6c. Public Hearing:  Special Exception Use Petition 06-SEU-04, Sprint Site #1115 #1 – Ms. Huffman explained that this request is for consideration of a special exception use petition for Sprint site #1115, #1 to allow pad-mounted telecommunication equipment to be located at 1136 Avent Ferry Road behind the Town’s fire station and adjacent to the water tower.  She reviewed with the Council the location of the site and the required landscaping on the north and east sides of the property lines.

Ms. Huffman said the staff and the Planning Board is recommending approval without conditions.  She said the Planning Board discussed the size of the easement area and the alternative landscape plan.

Councilman VanFossen said in the last request from Embarq (Sprint) he saw, there was a proposed building on the site plan.  He said this site plan indicates no building.  He also asked whether the light shown on the plan would be the town’s light or Embarq’s.

Ms. Huffman said that Sprint is proposing pad-mounted telecommunication equipment with a light that would be used when Embarq visits the site for repairs.

Zachary Palmer of 14111 Capital Blvd. Wake Forest, a representative of Embarq (former Sprint Telecommunications), said that there would be a dusk-to-dawn light located on the site equipped with a photo sensor so that it would not be on 24 hours a day.  He said the light can be a directional light and would be for security reasons.  He said the site would be landscaped on the north and east side of the property line as a required buffer.  The proposed site would be located on the northeast side of the property and located behind the fire station and adjacent to the water tower.  He said that he would work with the Town staff to include directional lighting on the site plan. 

He explained that the access would be off Avent Ferry Road and not Logging Road.  

Councilman Dickson said that the proposed site is located to the far east side of the property behind the fire station and not located near any proposed houses in that area.  

Mr. Palmer said originally Sprint proposed to locate the equipment at the corner along Logging Road, but could not find adequate space.  He said that this proposed site is the alternate site for the equipment.

With that explanation completed, Mayor Sears opened the public hearing to accept sworn testimony and qualified evidence.  Speakers spoke under oath administered by the Deputy Town Clerk.  The following testimony was recorded: 

Robert Castillo of 1200 Avent Ferry Road said that his property is across from the proposed Embarq (Sprint) site and that he is opposed to the petition.  He said that he was concerned about the quality of life and environmental issues.  He said that his subdivision is on well water, and the current poor conditions of drainage and standing water on Logging Road and on both sides of Avent Ferry Road due to the construction, made it difficult to enter Logging Road.  He said that he was concerned about the standing water that it may cause problems with mosquitoes.

He said that he didn’t know what the box contained and where and how much trenching would be done on-site for the cables.  He said that it would be another eyesore along Avent Ferry Road and also, the Town’s water tower is being used for storage of equipment.  He said that there are three existing Sprint telecommunication equipment boxes located along Avent Ferry Road within that area that have not been properly maintained.  Mr. Castillo said that he was concerned about the egress and ingress onto the site that it would be along Logging Road, which is a private road.

Mayor Sears said asked Mr. Palmer about the buffering of the site.

Mr. Palmer said that the side of the box facing the water tower will not be landscaped, because it’s currently fenced and landscaped along the vicinity of the site. 

 Mr. Palmer said the access easement will be along the east side of the property line and off of Avent Ferry Road. 

Councilman VanFossen asked what will be in the equipment box and where on the site will be the trenching. 

Mr. Palmer said that the trenching for the fiber optic cable will be within the 307 foot access and utility easement and connected to the equipment box.  He said Logging Road will not be affected with accessing the site from Avent Ferry Road.  He said there are not any environmental issues, there are no transformers, but are back-up batteries for emergency back-up in the event of power outages for any length of time. 

            Mr. Castillo said that he had strong feelings about Sprint’s not using Logging Road. 

Hinton J. Skipper, Jr. of 122 E. St. James Street, Tarboro, the real estate manager for Embarq (formerly Sprint Telecommunications), said within the cabinets are circuit boards, wires and small back-up batteries that charged from commercial power that’s connected to an on site meter base.  He explained that without the charged batteries, the customers in that area will be without phone service in the event of a power outage or bad weather.

Mr. Skipper said once construction of the pad-mounted telecommunication equipment is completed the only vehicles will be a van visiting the site twice or three times a week, which will be parked at the cabinet within the access and utility easement.  He said regarding the grounds maintenance for the other three equipment boxes located along Avent Ferry Road that it is Sprint’s policy to cut the grass or maintain its sites about once a month or sooner if the company is notified about a problem. 

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

            Action #1:  The Council approved a motion to make and accept the following findings of fact to be recorded in the minutes for Special Exception Use Petition 06-SEU-04 for Sprint Site 1115 #1 located at 1136 Avent Ferry Road to allow for pad-mounted telecommunication equipment as submitted by Mulkey Engineers & Consultants in representation of Embarq.

a.       The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare;

b.       The proposed use will not injure or adversely affect the adjacent area;

c.       The proposed use will be consistent with the character of the district, land uses authorized therein, and the Town of Holly Springs Comprehensive Plan;

d.       The proposed use shall conform to all development standards of the applicable district (unless a waiver of such development standards is requested as part of the special exception use petition and approved as set forth above, in which case the proposed use shall conform to the terms and conditions of such waiver).

e.       Access drives or driveways are or will be sufficient in size and properly located to: ensure automotive and pedestrian safety and convenience, traffic flow as set forth in Section 7.09 – Pedestrian Circulation and Vehicular Area Design; and, control and access in case of fire or other emergency;

f.         Off-street parking areas, off-street loading areas, trash enclosures, trash pick-up and removal, and other service areas are located so as to be safe, convenient, allow for access in case of emergency, and to minimize economic, glare, odor, and other impacts on adjoining properties and properties in the general neighborhood;

g.       The lot, building or structure proposed for the use has adequate restroom facilities, cooking facilities, safety equipment (smoke alarms, floatation devices, etc.), or any other service or equipment necessary to provide for the needs of those persons whom may work at, visit or own property nearby to the proposed use;

h.       Utilities, schools, fire, police and other necessary public and private facilities and services will be adequate to handle the needs of the proposed use;

i.         The location and arrangement of the use on the site, screening, buffering, landscaping, and pedestrian ways harmonize with adjoining properties and the general area and minimize adverse impacts; and,

j.         The type, size, and intensity of the proposed use (including but not limited to such considerations as the hours of operation and numbers of people who are likely to utilize or be attracted to the use) will not have significant adverse impacts on adjoining properties or the neighborhood.

            Motion By:  Dickson

            Second By:  VanFossen

            Vote:  Unanimous

A copy of Special Exception Use application 06-SEU-04 entered into the record by the applicant and addressing the findings of facts is incorporated into these minutes as addendum pages.

 

Action #2:  Having made findings of fact, the Council approved a motion to approve Special Exception Use #06-SEU-04 as submitted by Mulkey Engineers & Consultants Project Number 2005429.00, dated revised 07/14/2006 with no conditions.

            Motion By:  Dickson

            Second By:  Womble

            Vote:  Unanimous

 

6d.  Public Hearing:  Water Bond Extension Mr. Holland said the purpose of this public hearing is to receive input on the town’s extension of time period to issue authorized water bonds under a bond order titled “Bond Order Authorizing the Issuance of General Obligation Water Bonds of the Town of Holly Springs in the maximum amount of $8,100,000.”

            Mr. Holland said the Town does not intend to issue the remaining water bonds authorized under this bond order before January, 2007, so the town is extending the seven-year time period so that it can retain the ability to issue the remaining bonds when it is needed.

At this time the Mayor announced that this was the hour, date and place fixed by the Town Council of the public hearing upon the order entitled:  

ORDER EXTENDING MAXIMUM TIME PERIOD FOR ISSUING BONDS UNDER BOND ORDER AUTHORIZNG THE ISSUANCE OF GENERAL OBLIGATION WATER BONDS OF THE TOWN OF HOLLY SPRINGS IN THE MAXIMUM AMOUNT OF $8,100,000

 

            WHEREAS, the Board of Commissioners (now the Town Council) of the Town of Holly Springs, North Carolina (the "Town"), by resolution adopted on February 16, 1999, stated its proposal to issue general obligation bonds to finance costs of providing water systems. The Town applied to the North Carolina Local Government Commission for its approval of such bonds, and the Commission accepted and approved the Town's application; and

 

            WHEREAS, the bond order entitled BOND ORDER AUTHORIZNG THE ISSUANCE OF GENERAL OBLIGATION WATER BONDS OF THE TOWN OF HOLLY SPRINGS IN THE MAXIMUM AMOUNT OF $8,100,000 (the “Bond Order”) took effect on July 6, 1999 following approval by the voters of the Town in the manner provided by law; and

 

            WHEREAS, , the North Carolina Local Government Commission has approved the extension of the maximum time for issuing bonds under the Bond Order to ten years after the Bond Order took effect, and the Town Council has held a public hearing as required by law on such extension.

 

            BE IT ORDERED by the Town Council of the Town of Holly Springs, North Carolina, that the maximum time period for issuing the remaining authorized amount of general obligation bonds under the Bond Order has been extended from seven to ten years after the Bond Order took effect, and that this order will take effect 30 days after its publication in accordance with law following adoption of this order.

 

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:  The Council approved a motion to adopt “Bond Order Authorizing the Issuance of General Obligation Water Bonds of the Town of Holly Springs in the maximum amount of $8,100,000,” extending the time period of the water bond authorization.

            Motion By:  Womble

            Second By:  Dickson

            Vote:  Unanimous

            A copy of Resolution 06-41 is incorporated into these minutes as an addendum page.

 

7.  Consent Agenda:  The Council approved a motion to approve all items on the Consent Agenda following a motion by Councilman Womble, a second by Councilman Dickson and a unanimous vote.  The following actions were affected:

      7a. Minutes - The Council approved minutes of the Council’s regular meeting held on August 1, 2006.

      7b. Budget Amendment Report – The Council received a report of FY 2005-06 budget amendments #205 through #227 approved by the town manager.

      7c. Budget Amendments, $15,400 – The Council adopted amendments to the FY 2006-07 budget in the amount of $15,400 to pay costs of Bass Lake Road sidewalk surveying approved by the Council on June 20, 2006. Copies of the budget amendments are incorporated into these minutes as addendum pages.

      7d. Budget Amendments, $81,355 – The Council adopted amendments to the FY 2006-07 budget in the amount of $81,355 to pay costs of Bass Lake Park repairs.  Copies of the budget amendments are incorporated into these minutes as addendum pages.

      7e. Budget Amendment, $20,000 – The Council adopted amendments to the FY 2006-07 in the amount of $20,000 so that the town can take advantage of a special price on greenway bridges.   Copies of the budget amendments are incorporated into these minutes as addendum pages.

      7f. Budget Amendment, $15,000 – The Council adopted an amendment to the FY 2006-07 budget in the amount of $15,000 for Holly Springs Development Corporation as directed by the Council in March.  A copy of the budget amendment is incorporated into these minutes as an addendum page.

      7g. Budget Amendments – The Council adopted amendments to the FY 2006-07 budget for a development project in the Holly Springs Business Park.  Copies of the budget amendments are incorporated into these minutes as addendum pages.

      7h. Holly Spring Business Park Pump Station Relocation Project – The Council approved to enter a contract with Mauldin-Watkins for surveying services for the Holly Springs Business Park pump station relocation.    A copy of the Mauldin-Watkins Surveying, Inc. contract is incorporated into these minutes as addendum pages.

     7i. Financial Audit Contract – The Council approved to enter a contract with Duke & Abbott, CPAs, P.A., for the town’s annual financial audit.  A copy of the Duke & Abbott CPAs, P.A. contract is incorporated into these minutes as addendum pages.

      7j. Morgan Park Development Agreement – The Council approved to enter an infrastructure reimbursement agreement with the developer of Morgan Park, with terms as approved on June 6.  A copy of the Morgan Park Development Agreement is incorporated into these minutes as addendum pages

        

8a.  Avent Ferry Road Widening Project Contract Change Orders – Ms. Stephenson said that the Town has undertaken the road improvements along Avent Ferry Road, which includes adding a third lane and a minor realignment to Piney Grove-Wilbon Road.

            Ms. Stephenson said the developer of the commercial property known as South Park, located at the intersection of Avent Ferry and the 55 Bypass, and the developer of Morgan Park contacted staff discussing the road improvements as part of a change order to the existing contract under Asphalt Experts.

            She explained that the plan has been revised and the contractor has returned the change order pricing.  She said staff finds the change order in accordance with the current unit prices and recommends approval.

Action:  The Council approved a motion to approve change order #2 for Piney Grove-Wilbon realignment for the Morgan’s Park development in the amount of $207,618.95, and change order #3 for the South Park development in the amount of $591,141.70, each contingent upon the developers’ making advance payment to the town for the cost of the change orders plus contingency, and to adopt related budget amendments.

            Motion By:  Womble

            Second By:  Dickson

            Vote:  Unanimous.

        A copy of change orders #2 and #3 and budget amendments are incorporated into these minutes as addendum pages.

 

8b. Wildacre Development Agreement Ms. Sudano said the development is an approximate 1,200 unit subdivision in the area near the intersection of Holly Springs Road and Sunset Lake Road.  She said the development will install a large amount of infrastructure to be publicly dedicated to the Town, and the agreement sets forth the terms of the dedication and allows fee credits of $237,487.50 for upgrading cost in public infrastructure.

Action:  The Council approved a motion to approve an infrastructure reimbursement agreement for Wildacre Development, subject to terms acceptable to the town manager.

            Motion By:  Womble

            Second By:  VanFossen

            Vote:  Unanimous.

     A copy of Wildacre development agreement is 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.  None.

           

10.  Other Business:  Councilman Womble asked when construction will begin on the Bass Lake Road sidewalk project.

Ms. Sudano said the survey contract was just approved and construction is estimated to begin spring of 2007.

            Councilman Womble asked about the beginning of the sidewalk project from Wendy’s and along North Main Street toward the Food Lion.

Ms. Stephenson said that the Town is using NC DOT grant funds of $190,000 for air quality and the funds for that project have been delayed until the end of 2008 and the beginning of 2009.

Ms. Sudano said that the Town can get the job done sooner if the Town chooses to use Town funding versus using the NC DOT grant funds.  There was much discussion regarding other projects that are not funded, such as the Bass Lake Road project. 

            Councilman VanFossen suggested that staff research the possibility to move the Bass Lake Road sidewalk project and the sidewalk project from Wendy’s along N. Main Street to Food Lion forward as quickly as possible and report the findings at a future meeting. 

            Councilman VanFossen asked about the crosswalk project on Bass Lake Road.

            Ms. Stephenson said that a design has been completed with pedestrian awareness options and needs to be reviewed by NC DOT.

Councilman Womble asked the status of making Center Street a one way street.

            Ms. Sudano explained that at a future Town Council meeting staff will be submitting a downtown enhancement plan for the design of the downtown street lighting and parking along Main Street and it would be a good time for implementing Center Street as a one way street. 

            Councilman Womble said that he would like to see Center Street implemented as soon as possible in hopes of preventing accidents at that intersection. 

            Councilman VanFossen said that he would like to see angle and reverse angle parking along Main Street and not allow NC DOT to suggest differently.

            Ms. Sudano said NC DOT does not allow reverse angle parking on Main Street and the Town is using NC DOT funds for this project.

            Councilman VanFossen and Ms. Sudano continued discussing reverse and angle parking on Main Street and it was determined to strongly allow reverse angle parking along Main Street.

 

11.  Manager’s Report:   Mr. Dean invited the Council members to visit the Shearon Harris Nuclear Plant on Thursday, August 17th. 

Mr. Dean also addressed his concerns with the article published by the News & Observer regarding the Novartis project.  Mr. Dean explained that there is a need to go on record that the total of the Town’s commitment of incentives to the Novartis project was for the land and one third of the grading cost.  He said the remaining funds are for public infrastructure within the Holly Spring Business Park, which includes the roads, water and sewer infrastructure, which was already in the Capital Improvements Plan (CIP) and Transportation Improvement Plan (TIP) for years.  He said the Novartis project has caused the town to expedite the need for those improvements.  He said that this is what local governments do -- provide these improvements and the town has not been on a “pay as you go” basis when making improvements due to the rapid growth in Holly Springs.  Mr. Dean said the Town looks at different financial options when concerning developing such as the public works facility, the town hall building, and numerous road projects over the years.  He said the Town looked at the grant option as the first preference for financing the infrastructure improvements to serve the Novartis site.  He said that the Town could not apply for these grants until such time as the company had made its decision and the Town is continuing to follow the process. 

Mr. Dean said that the Novartis project is a long term investment for the town for several reasons. Novartis is an international company that is solid financially and this plant will not be going overseas due to it purpose of making vaccines for the United States.

            Mr. Dean explained that with the number of jobs this company will be creating, that he estimated that over $50,000,000 will be investing within the local businesses for the next 10 years.  This company will impact the local businesses such as restaurants, from dry cleaners to day care centers.  He said that the town has received emails and phone calls from developers looking for property, saying that this company will create the day time traffic needed to market property for other businesses in the area. 

            Mr. Dean said that he wanted to go on record to say that he was appalled when he received a phone call from an Athens, Georgia, newspaper asking if the Novartis project is back in play looking for a location since the Town of Holly Springs “cannot meet its financial obligations.”

            He said that the Town Attorney provided the News & Observer with all the public documents that included all the information needed explaining the Novartis project.  Mr. Dean said that the article damaged a lot people who worked hard on the project in many ways.  He said that everyone was kept up to date on the project, and he thought that the article was unfair and unreasonable. 

 

12.  Closed Session:  The Council approved a motion to enter into Closed Session, pursuant to G.S. 143-318.11(a)(3) to discuss matters of acquiring right of way property for infrastructure easements located along New Hill Road and Piney Grove-Wilbon Road realignment; and G. S. 143-318.11(a)(5) to discuss possible litigation matters.

            Motion By:  Womble

            Second By:  VanFossen

            Vote:  Unanimous

 

General Account of Closed Session – August 15, 2006

In Closed Session, Mr. Schifano discussed the matter of negotiations of possible infrastructure easements to be located along New Hill Road and Piney Grove-Wilbon Road realignment.  The Council gave the town attorney direction on the matters of infrastructure easements.  There was no discussion of potential litigation matters.

-- End General Account

 

The Council approved a motion to return to Open Session.  The motion was made by Councilman VanFossen, seconded by Councilman Womble and carried unanimously.

 

13.  Adjournment:  There being no further business for the evening, the August 15, 2006, meeting of the Holly Springs Town Council was adjourned following a motion by Councilman Dickson, a second by Councilman Womble and a unanimous vote.

 

Respectfully Submitted on Tuesday, September 19, 2006.

           

 

 

 

_________________________________

Linda R. Harper, CMC, Deputy Town Clerk

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