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 Councilman Womble.
4. Agenda
Adjustment: The
Motion By: Dickson
Second By: Atwell
Vote: Unanimous
Items Added to the
Agenda: Item 5i., approval of a right
of way easement for Sprint Communication System for placement of fiber cable.
Items Removed from
the Agenda: None.
Consent Agenda
Items Moved to Regular Business: None.
Other Changes: None.
5. Consent
Agenda: The Council approved a motion to approve all
items on the Consent Agenda. The motion
carried following a motion by
5a. Time Warner
Cable Settlement - The Council authorized settlement with Time Warner Cable with a compromise
payment to the town in the amount of $27,548 in uncollected franchise fees. A copy of the franchise audit report is
incorporated into these minutes as an addendum page.
5b. Budget Amendment, $11,000 – The Council adopted an amendment to the FY 2006-07 budget
in the amount of $11,000 for repairs to a fire truck pump. A copy
of the budget amendment is incorporated into these minutes as an addendum page.
5c. Budget Amendments, $160,000 – The Council adopted amendments to the FY 2006-07 budget in the
amount of $89,000 to the General Fund and $71,000 to the Utility Fund to carry
funding over to the current year for continuing projects. Copies
of the budget amendments are incorporated into these minutes as addendum pages.
5d. Budget Amendments, $30,000 – The
Council adopted amendments to the FY 2006-07 budget in the amount of $30,000 for sanitary sewer
project property acquisitions. Copies of the budget amendments are
incorporated into these minutes as addendum pages.
5e.
5f. Morgan’s Park Development Agreement – The
Council approved the manager’s revision
to an infrastructure reimbursement agreement with the developer of Morgan’s
Park, setting a cap on fees. A copy of the development agreement is
incorporated into these minutes as addendum pages.
5g.
5h.
5i. Embarq (Sprint Communication Systems) Easement
– The Council approved an easement right of way for Embarq (Sprint
Communication Systems) to lay fiber optic cable within an existing sewer
easement in Holly Glen subdivision. A copy of the easement is incorporated into
these minutes as addendum pages.
6a.
Learning Experience, 06-DP-08
– Ms. Huffman explained that the Town has received development plan 06-DP-08, for
The Learning Experience, that proposes to construct a 10,000 square foot
daycare building on 1.89 acres located at the corner of Flint Point Lane and
Ms.
Huffman said that the plan proposes 45 parking spaces, which includes two
handicapped spaces to be located to the east of the building.
She
said the project is located within a Gateway Corridor and is therefore subject
to a higher degree of architectural standards.
She explained that the building would be constructed primarily with a
red colored brick and white stucco. She
said the architectural elements are multiple dormers with louvers, multiple
gables, and an extended covered entryway and brown shingles for the roof.
Ms.
Huffman said that the Land Use Plan designates this land for mixed-use
development, and the proposed development plan is in conformance with the
Ten-Year Comprehensive Land Use Plan.
She
said that the plan meets the UDO requirements for the perimeter landscape
buffers and the property setbacks. She
said there will be two accesses into the site, one from
Ms.
Huffman said town staff and the Planning Board recommend approval with conditions. She said the Planning Board discussed the
following issues at its August 22 meeting:
·
questioned why a
monolithic curb was being recommended for
·
discussed the
layout of the building and parking lot on the site- concern about the building’s
being pulled up to the intersection;
·
concern that the
front of the building faces the east - toward the parking lot and not
·
concern that the
door on the right side of the South facing elevation does not have a window as
all the others do because this is the elevation that faces
·
questioned
whether or not this would increase traffic in the area- due to all the other
schools in this area;
·
inquired about
the possibility of a shared driveway with the property to North of the site;
·
whether or not
the building placement will block the visibility of emergency vehicle lights at
the intersection and inquired if an emergency traffic light was going to be
installed at the intersection.
Councilman Atwell discussed the positioning of the front
of the building facing the east and had concerns about the west and south
building elevations.
Mayor Sears asked if the
visibility of the safety vehicle issue was resolved.
Ms. Bobber explained at that
intersection the UDO requires a 30 foot setback along both street fronts. She said the applicant is reducing the
setback along
Ms. Goodson said the sight
triangle is met with the reduced setback at that corner.
Councilman Dickson asked if the issue of the door on
the right side of the South elevation
does not have a window was satisfied.
George Venter of 3900 Merton
Drive, Raleigh, said the door
without a window on the right side of the South elevation is a mechanical room which
stores the sprinkler equipment.
Councilman VanFossen said that he had a concerned
with the appearance of the north elevation, that side will be visible when traveling
on
Mr. Venter said the north side of the building will
not be as visible from the
There were further discussion among the Council
members and Mr. Vender regarding the north side elevations, being that all the
other sides of the building were brick and the north side was proposed to be stucco
materials.
Mr.
Vender said the architectural firm developed a prototype building plan which
was originally brick on all four sides and the plan was modified to meet the
Town’s UDO architectural design requirements.
Councilman Atwell and Mr. Venter discussed the positioning
of the building and the access points onto
After much discussion regarding the north, west, east
and south building elevations all Council members were in consensus that the
building materials should be brick on all four sides and to add decorative gable
features to the north side elevations.
Mr. Venter said that he agreed with the change to the
building materials to be brick on all four sides of the building, but he preferred
the materials as presented on the plans.
Councilman Dickson said that he had concerns about
the west side elevation being so plain and visible from
Councilman Atwell said that the west and south will
be the most visible from
Ms. Bobber suggested adding a condition to the motion to
read as “Prior to the issuance of a building permit, a revised building
elevation plan is to be submitted and approved by the department of planning
and zoning that includes the following:
a. Brick is to be added to the north elevations; and
b. Add gable elements to the west elevation to match the
east elevations or another architectural element to break up the façade. “
Councilman VanFossen said being the fire station is adjacent
to this site, the fire truck sirens will be sounding and will this be a problem
with the property owners.
Mr. Vender said that the owner is aware of the fire
station and the sirens sounding and that it would not be problem.
Councilman VanFossen said that he wanted to go on record that
the sounding of the sirens of the fire trucks was discussed and all concurred
that would not be a problem with the daycare owners. He asked staff if public safety was
comfortable with the amount of traffic that will be entering onto
Ms.
Goodson said that she had spoken with the fire chief and he said that it would
not be a problem with the daycare traffic entering
Ms.
Huffman reiterated the changes in the conditions to the Council Members and all
were in consensus of the revised conditions for approval.
Action: The Council approved a motion to approve
Development Plan 06-DP-08 for “The Learning Experience” as submitted by
Development Engineering, project number 05-163, dated revised
1. Applicant to submit elevations depicting the roofing material revisions
with in 10 business days.
2. Fee-in-lieu of pump station upgrade will be
required
3. Fee-in-lieu of Middle Creek Interceptor
upgrade will be required.
4. The following items are to be provided with
1st construction drawing submittal:
a. Show and label backwater easements (to be
recorded) at stream crossings and storm drainage inlets; provide 100 year
calculations accordingly
b. Provide a drainage area map and supporting
calculations
5.
6. If site lighting is to be provided, a
lighting plan must be submitted to and approved by the Department of Planning
and Zoning prior to installation.
7. Prior to Town Council action of this plan,
revised sheets will need to be submitted to correct the note on the plans that
states that the median will be constructed by others. This is a requirement of this plan and should
not refer to others constructed the median.
7. Prior to the issuance of building permit, revised
building elevations is to be submitted and approved by the department of
planning and zoning that includes the following:
a.
Brick to be
added to the north elevations; and
b.
Add gable
elements to the west elevation to match the east elevation or another
architectural element to break up the façade.
Motion By: Atwell
Second By: Womble
Vote: Unanimous
Councilman
VanFossen asked the town attorney if it was necessary for him to be recused
from the discussion and deliberation for agenda items 6b and 6c, that he had no
direct personal gain on the subdivision and that his contract relates to the
building within the golf course.
Mr.
Schifano directed Councilman VanFossen that it would be a wise decision to be
recused from the deliberation for the reason that your contract is to design a
club house and the argument would be that you couldn’t build the clubhouse
without phase one approval.
At
this time, Mayor Sears and Councilman VanFossen asked to be excused from
discussion and deliberation on Items 6b and 6c., and the Council approved the
motion to recuse Mayor Sears and Councilman VanFossen from the meeting.
Motion By: Atwell
Second By: Dickson
Vote: Unanimous
6b. Twelve
Oaks, Phase 1, 06-MAS-01-A01 – Ms.
Huffman said the Town has received a development plan to consider approval for
an amendment to 06-MAS-01-A01, Twelve Oaks phase one, which is owned by Twelve
Oaks, LLC. Ms. Huffman reviewed the
surrounding property zonings and history of approvals for the property in
question.
She
said the plan proposes to amend a new lot layout for a section of phase one of
Twelve Oaks. She said with the new
proposed layout the development will loose 6 single-family lots and add
additional 14 multi-family lots.
Ms. Huffman said both staff and the Planning Board recommend approval with conditions.
Councilman
DeBenedetto asked what the difference in the density is in comparison with the
previous plan and the current plan.
Ms.
Huffman explained that the previously approved plan proposed 286 single family
lots and 66 multi-family lots, totaling 352 lots. She said the new amended plan proposes 280
single family lots and 80 multi-family lots totaling 360 lots. She said the new plan is decreasing the single
family by 6 lots and increasing the multi-family by 14 lots and no changes in
the acreage.
Councilman
Atwell stated that the impacts to the citizens are almost negligible that in the
grand scheme of things this is only phase one of the development and the
developer is requesting to exchange single family lots for multi-family lots.
Tom
McKay of McKay & Associates, Inc., 1086 Classic Road, Apex – Mr. McKay explained to the Council Members that the
proposed changes to the PUD meets the over all density of the original approved
plan for the whole subdivision, which will be monitored though out the development
process. He said the development has
maximum number of lots in single family and multi-family within each phase and
the development is not approaching those maximum numbers in any of the plans
the Council is considering. He explained
that he had worked with the developer of the townhomes to reconfigure the
initial lot layout to disturb less land and require less grading. He said in consulting with the townhome developer
it was agreed to turn the townhomes around and stair step them up the hill and
to work with the land. He said that
working with the land saved more trees and required less grading and created
more townhomes.
He
said that the amended plan will be more architectural pleasing to stair step
the units up the hill versus grading the hill flat as originally planned. He said the overall development is within the
total limits of the approved number of lots of the Twelve Oaks plan. He emphasized that the density will be
continued to be monitored though out the development as development occurs.
Action:
The
1)
All previous
conditions of approval for this plan will also apply.
2)
Prior to final plat,
the following must be completed:
a)
Payment of
fees-in-lieu of land dedication in the amount of $904/unit.
3)
The following
items are to be included with 1st construction drawing submittal
(later in the approval process):
a) Provide
verification that location of drainage at the retaining wall at the end of the
street will not cause scouring of the wall.
Motion By: Womble
Second By: Atwell
Vote: Unanimous
6c. Twelve
Oaks, Phase 2, 06-MAS-06 – Ms. Huffman
said the town has received a preliminary plan to consider approval for
06-MAS-06, Twelve Oaks phase II, for single-family residential. Ms. Huffman explained that phase II is part
of 108 acres of land and is broken up into three single family sections; A, B,
& C. She said that each section has
a different minimum lot area, “A” being the smaller lots, section “B” and “C”,
the larger lots.
Ms.
Huffman said that the Land Use Plan designates this property as medium density residential
allowing for density up to three and a quarter (3.25) units per acre. She said that there will be limited public
and institutional uses that are compatible with the medium density residential
development and is in compliance with the Ten Year Comprehensive Growth Plan.
Ms.
Huffman explained that being this is a PUD; it is required to meet the criteria
of the development standards for approval.
She said that phase two of Twelve Oaks is subject to the lot and
development criteria set forth in the Twelve Oaks PUD (project # 03-PUD-01),
which is not the town’s typical zoning districts criteria.
She
said in this phase 6.9 acres is proposed for open space. She said phase II is in compliance with the
spirit and guidelines set by the Twelve Oaks PUD.
Ms.
Huffman said that staff and the Planning Board recommend approval with
conditions. She said the Planning Board
discussed the following concerns at their
§
Clarification on
condition #1 regarding the pump station;
§
Questioned the
timing for the re-use water and verified that the Town’s potable water capacity
is adequate to cover them while waiting for the re-use water to become
available;
§
Discussed location
and amount of open space;
§
Discussed
location of greenways;
§
Requested
clarification regarding condition #5 and where the stub is to be located.
There were discussion among staff and Councilman Atwell
of redesigning a street of a proposed street that runs straight through and
ends with a cul-de-sac. Councilman
Atwell was concerned that the street would become a speed-way. He suggested connecting the two streets that
end with a cul-de-sac, that are close within the vicinity of each other.
Ms. Goodson explained that the reasoning those two
streets are not connected is because there are streams and wetlands in that
area and it would become an environmental issue.
Action: The
Council approved a motion to approve preliminary plan #06-
1)
Pump station
site owned by the Town of Holly Springs may be expanded in the future.
2)
Pump station
site must be platted and conveyed by deed to the Town of Holly Springs before
pump station final acceptance.
3)
Prior to final plat,
the following must be completed:
a)
Payment of
fees-in-lieu of land dedication in the amount of $904/unit.
b)
Provide
covenants which establish Homeowner’s Association to cover maintenance of
private open spaces, streets, parking areas, lighting, recreation areas,
greenways, ponds, lakes, private sewer collection, private drainage easements,
etc. Note a draft copy of the Homeowner’s Association covenants will need to be
submitted with 1st plat submittal for review. Once plat and Homeowner’s Association
covenants are complete, a recorded copy will need to be returned to the town
with the recorded plat.
4)
The following
items are to be included with 1st construction drawing submittal
(later in the approval process):
a)
Show and label
backwater easements (to be recorded) at stream crossings and storm drainage
inlets; provide 100 year calculations accordingly.
b)
Provide a
drainage area map and supporting calculations.
c)
All
environmental permits for the entire project will be required.
d)
Verify that the
most current version of the proposed conservation easement on jurisdiction
features is shown.
e)
Verify that the
waterline shown for this phase is consistent with the hydraulic study.
5)
All previously
PUD conditions for the approved Twelve Oaks PUD will also apply to this
project. Specifically note that
Motion By: Womble
Second By: DeBenedetto
Mr.
Dean clarified that he wanted the Council to be aware of the location of the pump
station and that it will come back before the Council for approval. He said the pump station will fall under the
new pump station standards and requirements.
Councilman Atwell asked if the potable water capacity
is adequate to cover the town while waiting for the re-use water to become
available. Ms. Sudano said the
development will be fed by potable water until the reuse is available and the
town has adequate water supply.
Councilman DeBendetto asked at what time the re-use
water will become available. Ms. Sudano
said that the re-use water will be available within ten to twelve months from
now.
Councilman DeBenedetto asked the size of the
landscaping buffers around the pump station.
Ms. Sudano said that the proposed landscaped buffer is 50 feet and meets
the standard requirements.
Vote: Unanimous
Action:
The
Council approved a motion to readmit
Mayor Sears and Councilman VanFossen into the meeting.
Motion
By: Atwell
Second
By: Womble
Vote:
Unanimously
Mr.
Dean said one of the conditions of the preliminary plan approval was that the
developer is required to submit a flood study update for this project that confirms
that there will not be a rise downstream of this property. He said it is the Town’s current flood study
policy to retain water runoff onto the development site and to protect
downstream property owners from “0” elevation increases associated with
stormwater runoff.
Mr. Dean explained that the
developer has designed a 10-foot deep stormwater dry detention basin and is
requesting the Council to consider locating the proposed basin on a one-acre Town-owned
property north of
Mr. Dean said if the basin is not
constructed for this development, some rise in the 100-year storm flood
elevations can be anticipated in areas downstream along the Carroll property, Windward
Pointe along
Mr.
Dean explained that in considering this request the Council should answer the
following questions: a) is the Town interested in allowing an detention basin to
be located on Town-owned property to serve this site; and b) will the Town be willing
to provide a minimum increase in the water flow going downstream; and c) if the
Town allows a dry detention basin to be located on Town property, what will be
the impacts on the Town’s property.
He
said the Council has the option to require the developer to stay within the current
Town’s flood study policy to maintain all stormwater runoff on site; or if the
Council chooses a combination of on-site detention to decrease the rise without
off-site detention; or approve the current detention conditions of the
property. He said as for the future
commercial sites the Town is going to be limited in providing solutions for drainage
and water run-off, and that each developer needs to plan ahead for the impervious
areas for their commercial projects on the downstream areas.
Councilman Atwell clarified as each
development plan is submitted the town will be reviewing the plan for
stormwater detention for each commercial site.
He said looking at the big picture, what's the end solution for
detention for water run off, verses individual detention ponds on each
development site. He suggested maybe
looking into regional detention areas.
Mr. Dean said that this site was
engineered to handle only detention for the Village Center Shoppes project and
not for any of the other commercial sites.
Councilman Atwell asked what are the
Town’s options to correct the water run-off problem for the downstream
properties, such as, Carroll’s property and Windward Point.
Ms. Stephenson explained that in
comparison with other municipalities, some sites have a pre-post area on each
site and other municipalities uses advanced planning, such as regional
detention basins, but eventually the run-off lines up with the existing streams
and creates environmental issues. She
said usually the Town does not deviate from the Town’s Flood Study Policy and
that is to retain the water run-off on site of the development.
There were discussion among staff
and Mayor Sears about the history of run-off and if there were any changes in
the currant stormwater run-off to the properties located downstream of the
Village Center Shoppes. Ms. Sudano said
there have not been any changes in the stormwater run-off since that first
storm when the problem first started.
Mayor Sears asked staff if they were
comfortable approving the engineers’ calculations of the 3/8 inch rise in
Carroll’s property.
Ms. Sudano said the 3/8-inch rise
would not be a problem for this project, but there are other sites that may
have the same run-off problems similar to this one, and this would set a
precedent for future site detention approvals.
There were discussions of the
possibility of underground detention basins verses above ground detention
basin. Ms. Stephenson explained that there
may be some environmental issues with the underground basins, plus it would
take away some of the parking spaces for this site.
Mr.
Dean said that if the Council wishes not to deviate from the Town’s policy, and
require detention so there is a zero rise in the downstream stormwater from
development of the site, then staff would recommend that the developer be
instructed to contain detention on-site, as opposed to locating the proposed basin
on Town-owned property or any combination of detention methods the Council
suggests.
Thomas
Spaulding of Norris and Spaulding,
Councilman VanFossen discussed the possibility of using
the property between the Food Lion and the
There were much discussion between Councilman Atwell and
the town attorney regarding the use of the Town property. Mr. Schifano said that he suggested conveying
the property to the developer, because the Town-owned property would be useless
without road frontage.
Mayor Sears asked the staff to speak with the Post Office
management inquiring their future plans for expansion to their site.
Councilman Atwell and VanFossen discussed the over all
drainage for the entire area. It was
determined that the Eckerd Drugs, Walgreens and Wendy’s received prior approval
of the Sungate Study model. Ms.
Stephenson said that the Sungate Study included the Eckerd, Walgreens and
Wendy’s in the calculations for future commercial development.
Mr. Spaulding reiterated that the dry detention basin
calculations is for this development site only and not for any additional
commercial sites.
There were discussion among staff and the Council Members
regarding the undeveloped land between Walgreens and Wendy’s and what the run-off
impacts will be when that property is developed. Ms. Stephenson said that particular parcel
contains 1.8 acres and believes there will be little rise in the run-off when
that property is developed.
Councilman Atwell reiterated that it is the Town’s process
to review the stormwater run-off for each undeveloped site for detention as
development occurs. He said that his
concerns were about having so many detention ponds in one area and would be
interested in seeing regional detention basins versus individual basins.
Ms. Stephenson explained that the Town uses the Sungate
Study as a model to calculate for new development as it occurs for this
area. She said that each development is
required to retain detention on site, either underground or above ground to
contain no rise. She said if the Town
wishes to do regional detention it would have to be up stream of the west side
of NC Hwy. 55. She said it becomes a
problem once the run-off reaches across Hwy. 55 toward the Carroll’s property and
the Windward Point subdivision. She said
the Glenn Futrell property located between the Food Lion and
There were discussions if there could be some detention
improvements downstream beyond the Windcrest site or a combination of upstream
retentions to contain no rise in the stormwater onto Carroll’s property,
Mr. Dean said when the three vacant properties fronting
There was further discussion regarding the results of the
50 year flood stormwater versus the 100 year flood stormwater. Mr. Spaulding said the detention basin is
designed to capture the run-off for the proposed 18 acres. He said the goal of the basin is to capture a
small portion of the stormwater run-off and detain it. He explained that within the basin there are
large pipes to handle the run off for a 100 year flood, which is a large storm,
so the calculations for the pipes for run-off of a smaller storm the run-off is
not detain as long as the run-off from the larger storms.
Councilman VanFossen said that this is an item that needs
to be discussed in a work session with the Council and the town needs to be
fair and equality to all the developers in
After much discussion among staff and the Council Members
regarding the different options the Council directed the town manager to
research further options of detention with a zero rise and other methods of
drainage, and asked town staff to speak with the Holly Springs Post Office regarding
their future plans for expansion of their site.
6e. Town
Facilities Naming Rights Policy –
Mr. Bradley said that at the June 6, Town Council meeting, a proposal was
discussed for naming rights for parks & recreation facilities. Mr. Bradley introduced
Mr. Klaus explained to
the Council that he reviewed other municipal policies to compare their policies
for naming rights and sponsorships for parks facilities. He reviewed the Parks Facility Naming Rights
Policy with the Council. He said under
the authorization section there were three different levels of approval for
sponsorship, they are: 1) Any event sponsorship
of $1,000 or more will require
Mr. Klaus gave a brief
description of the objectives, the elements, the process for naming and
renaming rights and sponsorship signage of the policy.
After much discussion it was the consensus of the Council
to remove the requirement for Town Council approval from the authorization
section of the policy and to increase level one’s sponsorship fees to $5,000.
Councilman
DeBenedetto asked will there be naming of individual rooms at the cultural
center as well as the outdoor stage and theater. Mr. Klaus said that would be a possibility
to include those facilities in the naming rights and fees policy. Councilman VanFossen suggested changing the
name of the theater from “The Village Performing Arts Theater” to “The Holly
Springs Performing Arts.”
After
much discussion among Councilmen Atwell, Womble and VanFossen regarding the
proposed field packages and light pole mounted pennants that it was in
consensus of the Board to revise the package deals to include signs for the
ball field fences versus banners on the light poles.
Councilman
Atwell suggested to town staff to meet with the Holly Springs Chamber of
Commerce to see what the needs for the local businesses are.
Councilman
Dickson suggested adding additional park facilities, such as, the
Mr.
Klaus presented the
Councilman
Atwell suggested putting more emphases on the “
Action:
The Town Council gave
direction on suggested changes per the Council’s previous discussion to the
policy and the
6f. South Wake
Landfill – Mr. Simmons said that
this request is for the Council to consider entering into an inter-local
agreement between
Mr.
Simmons said that at the August 1st Town Council meeting the Council
approved a resolution requesting hosting fees from
Mr.
Simmons said the Town had not considered joining the partnership due to the primarily
reason of the Town’s strong opposition to development of the South Wake Landfill,
as well as some of the terms spelled out in the proposed inter-local
agreement. He said the landfill is
scheduled to be in operation in October of 2007.
Mr.
Simmons said that in June 2006 the Council reviewed a cost breakdown of three
different options for the Town’s solid waste management. He said option one is to continue hauling solid
waste to the Sampson County landfill at an approximately $33.50 per ton (equal to
$33.50 per house hold per year) and by adding an estimated 10% increase which
will bring the cost to $36.00 per ton; option two is to join the partnership
and haul the waste to the South Wake Landfill at an estimated cost of $22 to $24
per ton; and the third option is to haul the waste to the South Wake Landfill
and not participating in the partnership at the cost of estimated rate of $30
or $33 per ton. He said that each
resident would save roughly .25 to .50 per household by not participating in
the partnership.
Mr.
Simmons said by not participating in the partnership the Town will not have the
environmental liabilities associated with entering into the 25-year inter-local
agreement. He said if the Town chose to
enter the inter-local agreement with
Mr.
Simmons said an element of the agreement the Council maybe interested in
learning about is referred to as revenue sharing that involves tipping fees
that includes reimbursement of funds to the partners twice a year.
Councilman
Atwell wanted to emphasize the fact that locking into an agreement for 25-years
enables the Town to withdraw from the agreement without penalties and would
require all the joining parties’ approval of the termination of the municipality
exiting the partnership of the inter-local agreement.
Mr.
Simmons said that if the Town so chooses can enter the inter-local agreement at
a later time with associate cost and with the approval of the partners of the
agreement.
There
were discussion among staff and Councilman Womble that the operations of the
landfill could be more or less than 25 years.
Mayor
Sears said that he opposed entering into the inter-local agreement with Wake
County for the following reasons: 1) entering an agreement for 25-years; 2)
municipalities can not withdraw at any time; 3) Section 2.03 of the agreement
regarding tipping fees; and 4) Section 2.04 the liabilities of the parties,
regarding the remediation cost for their proportion of usage of the landfill
and responsible for damages resulting from violations.
Councilman
Atwell asked Mr. Simmons to explain the legal law suit of the
Mr.
Simmons said since the agreement is for 25-years the town felt like it was in
the best interest to research other municipalities and county’s who have
entered similar agreements. He said that
Councilman VanFossen asked for clarification regarding
the 25-year period and if the length of years in the contract can be shortened
at any time.
Mr.
Jim Reynolds, the Director of Wake County Solid Waste Management, Raleigh, NC addressed the Council Members regarding the net
cost will be $22 to $24 per ton being a member of the partnership and $33 to
$34 per ton at market rate was correct.
Mr.
Reynolds said the inter-local agreement states that the term will be the lesser
of the 25-years or the operating life of the landfill. He said the agreement doesn’t define the
operating life, in general it could mean when the landfill reaches its’
capacity or the partners decide to do something different with the property as
a partnership.
Mr.
Reynolds discussed the rights of the Waste Industries contract in regards to
forcing
Mr. Reynolds explained the revenue sharing, the
advantages and disadvantages of entering the inter-local agreement. He said operating a landfill at a market rate
there is a profit of net revenue gain and the excess revenues is divided by a
formula and distributed twice a year to the participating partners of the
inter-local agreement. He said that each
partner receives a share in the profit revenues and as well as each partner
shares in the operating risks of the landfill.
Mr. Reynolds explained the cost of any environmental risk
will be first embark on Waste Industries, who is required to have insurance
coverage and to include a $10 million environmental liability insurance
coverage. He explained that the next
line of coverage will be the Parent Guarantee fund and then funds from the
County’s enterprise fund and lastly the cost will be to the partners of the
agreement.
Councilman DeBenedetto asked Mr. Reynolds to explain the
concept of organizing a citizens committee as an advisory role in the community
impacts to the adjacent 800 acre of land and what role the citizens committee
had in the closing of the North Wake Landfill.
Mr. Reynolds explained in closing out the North Wake
Landfill the County formed a citizens committee of neighboring residents of the
area who reviewed the operating issues, and conducted studies, analyzed and researched
other landfill closures of other sites and received information from the
Forestry’s and habitats. He said after
reviewing the information the committee submitted a master plan for the
landfill property which
Mr. Reynolds said that in relationship with the South
Wake Landfill site the County would like to form a committee early to include the
development of a master plan for the approximately 800 +/- acres adjacent to
the landfill.
Councilman Womble asked about the environmental risks, if
any, at the North Wake Landfill.
Mr. Reynolds said that there was one off-site migration
of landfill gas because the landfill was to close to the houses in that area. He said the County installed a berm surrounding
the area.
There were more discussion among Mr. Reynolds and the
Council Members regarding tipping fees and the costs of the liability risks.
Action: The
Motion By: Dickson
Second By: VanFossen
At
this time, Mayor Sears and Councilman VanFossen asked to be excused from
discussion and deliberation on Item 6g and the Council approved the motion to
do so.
Motion By: Atwell
Second By: Dickson
Vote: Unanimous
6g. Resolution
06-42 – Mr. Schifano explained that
in order to serve the Twelve Oaks subdivision with sewer service, a utility easement
is needed along several properties on
Action:
The
Motion By: Atwell
Second By: DeBenedetto
Vote: Unanimous
Action:
The
Council approved a motion to readmit
Mayor Sears and Councilman VanFossen into the meeting.
Motion
By: Atwell
Second
By: Dickson
Vote:
Unanimously
7. 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.
Tim
Sack,
John
Sadler of 160 Sudano Court said that
he was concerned about the placement of grass clippings on the curbing and
streets in his subdivision. He said when
it rains the stormwater run-off was causing the drains to clog. He suggested incorporating into the Town’s
ordinance a recycling method to require all grass clippings to be bagged in
clear plastic bags and picked up once a week to make compost materials. Councilman Atwell suggested to Mr. Sadler to
get the word out by networking in the Home Owners Association newsletter and
the neighborhood to keep all the grass clippings off the street.
Paul
Barth of 2108 New Hill-Olive Chapel Road, said that his concerns were about the Regional Wastewater Treatment
Facility (RWTF) being located in New Hill.
He said that he has spoke to officials with suggestions and
recommendations of a better location for the facility, but has fallen on death
ears, until speaking with the State’s Department of Environmental National
Resources, (DENR). Mr. Barth said that
in mid June to mid July DENR held a public hearing and received written
comments from citizens that did not have time to speak at the public
hearing. He said at the end of July,
DENR released a final report of the Regional Wastewater Treatment Facility to
all of the Western Wake Partners.
It
was concurred that the Town has received this report by DENR in the engineering
department.
Mr.
Barth said in the DENR report stated in their comments was the lack of public
input in the whole process and second the report indicated that after the
analysis of the drafted Environmental Impact Study statement that provided to
DENR was incomplete and a inadequate document.
He said that this document was sent back to the Western Wake Regional Partners
to resolve the numerous issues. He said
that DENR is requesting from the WWR partners a response to the issues and
concerns that were identified by the State agency. He said in referencing the report there are
three major issues: 1) environmental
justice; 2) cost annalist; and 3) site selection.
Mr.
Barth requested the Town Council to give direction to the Town’s representative
of the Western Wake Partners to include the citizens of the New Hill community
and their discussions in redoing the Environmental Impact Study.
Bob
Kelly of 3020 Olive Farm Road, Apex,
gave the stats of the DENR public hearing that was held in June and mid July that
were opposed of the site selection. He
said the New Hill citizens have not been heard in the process. He said the report stated that the Western
Wake Partners needs to further evaluate the property owned by Progress Energy
for the Regional Wastewater Treatment Facility site. He commented that Progress Energy has 14,000
acres of property not being used that was taken from the New Hill citizens that
could be used for this facility.
Mr.
Kelly said the DENR report stated that there were numerous calculation errors
in selecting the facility site. He said
one of DENR’s major concerns were with the environmental justice, the site
selected is adjacent to two churches, two cemeteries, one playground and two
nursing homes. He said in his opinion the
site was selected is 61% minority, elderly and the lower income families that
who would have the least opportunity to make a stand with the Western Wake
Partners.
Mr.
Kelly said that he understands that a wastewater facility is needed he suggest
considering moving the facility further down the road away from the churches,
cemeteries, historic district and rest homes.
There
were further discussion among Mr. Kelly and the Council Members regarding the
withdrawal of the law suit and other municipalities responds to the New Hill
citizens comments.
Tonya
Forbes of 3636 Bosco Road New Hill
said that she was concerned about the secondary and cumulative impacts master
mitigation plan from the DENR report.
She said that in the mitigation plan that was submitted to DENR addressed
the impacts on the citizens of the Town Apex,
Ms.
Forbes requested the Town Council to direct the Town’s representative to bring
these issues up for discussion before the next Western Wake Partners
meeting. She said that she was also
concerned of the impacts of growth in the community of a wastewater facility
located in New Hill would, such as, increased traffic, stormwater run-off
issues and potentially lost of the downtown New Hill community, lost of open
space which adds up to the lost of the character of the New Hill community.
Mark Shank, 5405 Leopard’s Bane Count, said that
he had previous appeared before the Council in March of this year asking the
Town to consider amending the Town’s ordinance to address placement of their
garbage cans. He said that he has the same
problem with the trash cans being placed near or in front of mail boxes, which
causes the mail not to be delivered. He
said that he has spoken with the Holly Springs Postmaster concerning this ongoing
problem, but there’s nothing he can do about this problem. Mr. Shank asked the Town Council to consider
amending the town’s current solid waste ordinance to insert a section to
regulate the placement of trash cans along the street.
Vann
Crandall,
8. Other
Business: Councilman VanFossen said with the upcoming
Wake County Commissioners elections the Town and the New Hill citizens has an
opportunity to voice their concerns regarding the landfill and the placement of
the wastewater treatment facility. There
was discussion about getting the citizens involved with the elections to
encourage them to vote in the upcoming
9. Manager’s
Report: Mr. Dean invited the Councilmen to the
Economic Development Update meeting on September 20, at the Town Hall at
10. Closed
Session: The Council approved a motion to enter into
Closed Session, pursuant to G.S. 143-318.11(a)(6) to
discuss the town manager job performance.
Motion
By: Atwell
Second
By: Dickson
Vote: The
motion carried following a vote of 4-1 vote.
Councilmen Womble, DeBenedetto, Atwell, and Dickson vote for. Councilmen VanFossen voted against.
General Account of Closed Session –
In Closed Session, the Town Council completed the town
manager’s job performance and gave direction to Mayor Sears for follow up.
-- End General Account
The
Council approved a motion to return to Open Session. The motion was made by Councilman Atwell,
seconded by Councilman Dickson and carried unanimously.
11.
Adjournment: There being no further business for the evening, the
Respectfully Submitted on
_________________________________
Addendum pages as referenced in these minutes follow
and are a part of the official record