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 Mr. Lewis Gentry.
4.
Agenda Adjustment: The
Motion
By: Dickson
Second
By: Atwell
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.
Public Hearing:
Mr. Taylor explained that the Town
of
Mr. Dean said that the State
purchasing laws allow for municipalities to grant themselves a waiver from
competitive bidding (under N.C.G.S. § 143-129(g) if a company agrees or offers
to honor its winning bid to another municipality for the same purchase within a
set timeframe of twelve months.
Mr. Tayler requested the Town Council table the action until
the next Town Council meeting.
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
Motion By: Womble
Second
By: Atwell
Vote: Unanimous
5b.
Public Hearing: Wildacre Zoning Vested Rights, 06-ZVR-02 – Mr. Zawadski said that this request is for Zoning
Vested Rights for Wildacre, 06-ZVR-02 development and
according to the Unified Development Ordinance, (UDO), Section 9.08 Zoning
Vested Rights provisions, zoning vested rights may be granted to allow a specific
development plan to be completed under the zoning regulations in place at the
time of approval of the original plan.
Mr. Zawadski said that staff is
recommending approval.
With that explanation completed,
Mayor Sears opened the public hearing to accept input. The following comments were recorded:
Mr. Wayne Turner of 224 Cliff Creek Drive, Holly Springs asked for clarification on the
distance between the Sunset Ridge North development and Wildacre’s
and how many homes will be developed within the Wildacre
development. He said that he was also
concerned about the increase traffic this development would create on
There being
no further input, the public hearing was closed.
Councilman VanFossen said that one
of the exceptions that the developer is asking for vested rights is the side
and rear architectural design elements for all lots adjacent to the open space. He said the old development incentives required
side and rear architectural design elements for lots adjacent to open space and
lots less than 10,000 square feet. He
asked the developer what was being proposed for the side and rear architectural
design elements.
Mr. Phillip
Culpepper, 2513 Buckston Court, Chapel Hill a
consultant planner for Preston Development explained in the original approved
plan the lots were located to the center of the creek and the new owner decided
to preserve the open space between the lots and preserve the buffers and keep
the creeks out of the rear yards. He
said that by creating the open space the lots will be backed up to the open
space. Mr. Culpepper said the
development will meet all the Town’s required standards.
Councilman Van Fossen said the new regulations also require
that a minimum of three acres be set aside for commercial development since the
project is over 300 acres.
Mr. Culpepper said that the original plan did not proposed
any commercial development and is not an issue for the developer, with the road
layout within that area the existing and future commercial plans is significant
to serve that area.
Councilman Atwell explained that when Wildacre
development was originally approved by the Town Council on
Action: The
Motion By: Womble
Second
By: Atwell
Vote: Unanimous
6.
Consent Agenda: The Council approved a motion to
approve all items on the Consent Agenda, the motion carried following a motion by
6a. Budget Amendments Report - The
Council received a report
of the FY 2006-07 budget amendments #26 through #33 approved by the town
manager.
6b. Budget Amendment, $50 – The Council
adopted a budget amendment to the FY 2006-07 budget to accept donation from the First Baptist Church of Holly Springs for the
Holly Springs Fire/Rescue Department. A copy of budget amendment is incorporated
into these minutes as an addendum page.
6c. CDBG Budget Ordinance 06-16 – The Council adopted Ordinance 06-16
accepting Community Development Block Grant funding in the amount of $45,400
and establishing a project budget for the Scattered Sites Local Option program,
which the funding is to be used. A copy of Budget Ordinance 06-16 is
incorporated into these minutes as an addendum page.
6d. CDGB Scattered
Sites Program Contract – The
Council authorized entering
into a contract with The Wooten Company for administration of the 2006 CDBG
Scattered Sites program.
A copy of the contract is incorporated into
these minutes as addendum pages.
6f.
Relocation of
6g.
Ordinance 06-17, Code Enforcement Amendment – The Council adopted an ordinance amendment to Chapter 6 of the
6h. Union Ridge Infrastructure Reimbursement
Agreement – The Council approved to
enter into a infrastructure reimbursement agreement with the developer of Union
Ridge with terms previously approved by the Council. A copy
of the Union Ridge Infrastructure Reimbursement Agreement is incorporated into
these minutes as addendum pages.
6i.
Resolution 06-52, Reclaimed Water Systems Standards and Details – The Council adopted Resolution
06-52 amending and renumbering the Reclaimed Water System Standards and Details
of the Town’s Engineering Design and Construction Standards Manual. A copy
of Resolution 06-52 is incorporated into these minutes as addendum pages.
7a.
Mr. Klaus
said that in the process of the research of the study, it produced a wide range
of data that was considered carefully and staff reviewed numerous variables
including the room sizes, equipment and presentation capabilities, room
finishes and ambiance.
Mr. Klaus
said that staff compared the facility rates and policies with the following
agencies:
Mr. Klaus
said that the proposed rental rates are consistent with other Town of Holly
Springs facilities with discounts given to
Mr. Klaus
said the proposed rental rates would become effective
Mr. Klaus reviewed with Councilman Van Fossen the rental
fees for the performing arts theatre stages and rental packages.
Action: The Council approved a motion to adopt the
Motion By: Atwell
Second
By: Womble
Vote:
Unanimous
A copy of the
At this time, Mayor Sears and Councilman VanFossen asked to
be excused from discussion and deliberation on Items 7b, and the Council
approved the motion to recuse Mayor Sears and
Councilman VanFossen from the meeting.
Motion
By: Dickson
Second
By: Atwell
Vote: Unanimous
Councilman Atwell said that there was no need of Councilman
Van Fossen and Mayor Sears to recuse themselves when
there is not a conflict of interest involved.
7b. Green Oaks Parkway Property Condemnation – Mr.
Schifano said that in keeping with the Town’s transportation
improvement plan, the Town currently is attempting the voluntary acquisition of
right of way for Green Oaks Parkway.
He said the
Town is obligated to acquire the right of way for construction of the new road
pursuant to agreements with Twelve Oaks PUD and Novartis. He explained that the placement of the road
and utilities will open up certain areas for development, which will increase
the value of the parcels.
Mr.
Schifano said staff will continue to work with the three property owners for voluntary
acquisition for the three properties. He
said that this condemnation resolution will provide the authority, to condemn
the property, if needed.
Action: The Council approved a motion to adopt
Resolution 06-51, authorizing condemnation proceedings to acquire property
from various property owners for the construction of Green
Oaks Parkway to serve Twelve Oaks Subdivision and Novartis Vaccines and
Diagnostics, Inc.
Motion By: Atwell
Second
By: Womble
Vote:
Unanimous
A copy of Resolution 06-51is
incorporated into these minutes as addendum pages.
Action: The Council approved a motion to readmit Mayor Sears and Councilman
VanFossen into the meeting.
Motion By: Atwell
Second By: Womble
Vote: Unanimously
7c.
Union Ridge Pump Station Site Plan – Ms. Sudano said this request is to endorse the
Union Ridge Pump Station site plan. She
said the plan needs to be consistent with the Town’s Engineering Design and
Construction Standards. She said the that
normally this approval process happens simultaneously with the preliminary plan
approval; however, this development was not approved initially with a pumping
station, the Town Council granted the developer permission to install a pumping
station at a later date.
Ms. Sudano said the pump station is
surrounded by future Union Ridge subdivision lots and meets the buffer design
standards and staff recommends approval.
Councilman VanFossen asked for
clarification on the lower property labeled as open space on the plan.
Danny Blackburn of Blackburn Engineering
Consultants representing the developer said the area located on the lower side
of the property is the common open space and flood plain areas.
Councilman VanFossen asked about
moving the pump station farther downward onto the property. Mr. Blackburn explained for vehicular
movement for maintenance of the pump station; the 50 foot buffer requirements
and the site boundaries, the pump station can not be relocated farther away
from the adjacent lots.
Councilman Atwell explained that
with the location of the property lines and required buffers the pump station
is sited on the lot as tight as possible to fit onto the property.
Councilman Atwell asked who owned
the properties adjacent to the pump station property. Ms. Sudano said Progress Energy owns the property
to the west and the property owner to the south of the pump station property
where the street is subbed out is owned by Billy Powell.
Councilman Atwell ask if the
adjacent property owner have been notified that will be a pump station at that
site.
Ms. Sudano said that there are not
requirements within the Town’s regulations to notify the adjacent property
owners of the construction of pump stations.
Action: The
1.
Upon
approval of the preliminary pump station site plan, a preliminary plan
amendment will need to be submitted for approval to reflect this pump station
site location.
Motion By:
Womble
Second
By: Dickson
Mr. Dean clarified that because of lots 33, 53, and 37 is
adjacent to the pump station that the recorded plat will clearly state a
notation for all lots adjacent to and in the proximity to the pump station that
informs the property buyer that a pump station will be placed on this lot, and
will be subjected to routine maintenance and future upgrades and expansion
activities by the Town.
Ms. Sudano said that staff and with the Town Attorney’s
concurrence, the plats for this project will clearly reflect a notation for all
lots adjacent to and in proximity to the pump station that informs that a pump
station will be placed on this lot, and will be subject to routine maintenance
and future upgrade and expansion activities by the Town.
Councilman Atwell asked the requirements for notification of
the adjacent property owners for public infrastructure.
Ms. Sudano said that there are not requirements for notification
to the adjacent property owners for public infrastructure improvements.
Mayor Sears and Mr. Schifano discussed amending the UDO
language to require notification to the adjacent property owners when
infrastructure improvements are being done and it can be discussed more in
detail at the Town Council retreat.
Vote: Unanimous
7d.
Mr.
Ms. Sudano said if the Council
wishes to consider approval of the request to delay the road widening, staff is
recommending the developer post a Bond in the amount of
125% of the cost of the road widening.
Councilman Womble discussed with Town staff it being more
reasonable to do all the road widening improvements at one time.
Ms. Sudano agreed that doing all the road improvements at
one time is better. She said the
developer of the shopping center will be completed with the realignment of the
portion on
Councilman Atwell asked staff what will happen with the extra
width on the side.
Ms. Sudano said that she would have
to review that area in more detail before she could answer regarding the extra
width on that side.
Mr. Brewer said that in regards to the potential business
that the hours of operation is from
There were further discussion among Mr. Brewer and Councilman
Van Fossen of what the difference between a Letter of Credit and posting a
Bond. Mr. Brewer said that posting a
Bond is cheaper than the Letter of Credit but agreed to either a Bond or a
Letter of Credit.
Action: The Council approved a motion to approve a delay of the road
widening improvements at
Motion By: Womble
Second
By: Atwell
Vote: Unanimous
7e.
Ms. Stephenson said with the rapid growth of the
Ms. Stephenson expanded that the scope
of work required the Town to request for proposals for professional services to
design the pump station site, with a new access road of 2,400 feet and a 4,000
feet upgrading the existing access road, 2,400 feet of gravity sewer line and
approximately 9,400 feet force main (this may vary depending on chosen route).
Ms. Stephenson said the proposed
pump station will need to be sized for the build-out of the basin needs,
including other potential industrial users.
She said the Town is soliciting
grant funds from Economic Development Administration, (EDA) and projected to be
completed by October of 2007.
Ms. Stephenson said that the
selection committee recommends awarding the professional services agreement to Kimley-Horn and Associates for the design of the
Action: The
Motion By: Dickson
Second
By: Womble
Vote: Unanimous
A
copy of Kimley-Horn and Associates agreement is
incorporated into these minutes as addendum pages.
7f.
Sunset Oaks, Phase 12 Parks and Recreation Fees – Mr. Dean explained that this is a
request from Bryan Properties asking the Town Council to reimburse the
developer $15,228 for 18 lots in Phase 12 of the Sunset Oaks Subdivision.
Mr. Dean said Mr. Jim Earnhardt’s memorandum explains what their confusion is
with the parks and recreation fees that were paid for Phase 12, pursuant to the
approved plans and the dedicating open space in previous phases of the Sunset
Oaks PUD plan.
Mr. Dean said the town attorney researched
the plan review process, and found that the 7.56 acres subject to the amendment
(phase 12) are subject to the parks and recreation fee and lieu amount and are
not to be counted in the original Sunset Oaks PUD land dedication.
Mr. Dean said that the determination
of this issue much be addressed by the Town Council, since the requirement was
approved by the Council. He said the
Council is being asked to either affirm its previous actions or formally
approve the request from Bryan Properties for reimbursement of their parks and
recreation fees.
Mr. Earnhardt
of
Mr. Schifano said that he had
included his memorandum in how the chain of events took place in the approval
process and how his recommendations. (See attachments.)
Action: The
Motion By: Dickson
Second
By: Womble
Vote: Unanimous
A copy of
7g.
Police Department Reorganization – Mr. Dean said that over the last six months, Chief Herring
has been evaluating the operations within the Police Department. He said that staff would like to recommend a
phased reorganization plan for the Police Department as follows: phase one
would require a new Captain’s position, and the reclassification of one school
resource officer into a sergeant’s position.
He said that
Mr. Dean explained the organizational structure proposed in “Attachment
A” (“Attachment A” is incorporated into
these minutes as addendum pages), demonstrates how the reorganization works. He said adding a new Captain’s position that will
be responsible for daily operations, and to coordinate administrative
functions. The lieutenant’s positions
will be set up as watch commanders to oversee patrol operations. The sergeant’s reclassification will be to
coordinate the activities of the school resource officers. He said the structure will allow for a more streamlined
function of the operation and provide more support for the police department
personnel. He said the cost of phase one
of the reorganization is $46,194.00, which can be absorbed within the existing
budget.
Chief
Councilman Womble asked the school resource sergeant
responsibilities.
Chief Herring said the sergeant’s responsibilities will be the
same daily duties, but in addition will supervise the school resource officer’s
and fill in at a school in the absence of an officer.
There were discussion among the staff and the Councilman
Womble regarding the starting salary of the police officer being
$29,614.00. Chief Herring expanded that
he used the trickle down effect to arrive at that figure, by using the starting
salary for grade 77, $35,610.00 and multiply by 26% for benefits and adding
together for a total $44,869.00, and multiply by .66.
Mr. Holland explained to the Council Members that due to the
vacant positions within the department during the FY 2006-07 budget, the funds
are available in the current salaries line item.
Councilman Dickson said that by creating a School Resource
Supervisor that it allows the school’s principal to have a general contract and
there will be consistency in the chain of the command. He clarified the qualifications for the
Capitan’s position was 2 or more years of a college degree will be the minimum
or combined experience.
Councilman Womble asked how many police officers are hired
by the Town.
Chief Herring said the town has 30 sworn positions. Councilman Womble suggested adding an
additional school resource officer as soon as the budget will allow.
Action: The
Motion By: Atwell
Second
By: Womble
Vote: Unanimous
Copies of attachments
A, B and C are incorporated into these minutes as addendum pages.
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: None.
10.
Manager’s Report: Mr. Dean reminded the Council
that the Town’s Christmas party is December 1st at the
11.
Closed Session: The Council approved a motion to
enter into Closed Session, pursuant to G.S. 143-318.11(a)(5)
to discuss with the town attorney matters of land acquisition of right of way
easement.
Motion
By: Dickson
Second
By: Atwell
Vote: Unanimous
General Account of Closed Session –
In Closed Session, the
-- End General Account
The Council approved a motion to return to Open
Session. The motion was made by
Councilman Atwell, seconded by Councilman Womble and carried unanimously.
12.
Adjournment: There being no further business for
the evening, the
Respectfully
Submitted on
_________________________________
Linda R.
Harper, CMC, Deputy Town Clerk
Addendum pages as referenced in these
minutes follow and are a part of the official record