Regular Meeting
April 3, 2007
The Holly
Springs Town
Staff Members Present:
2 and 3.
The Pledge of Allegiance was recited, and the meeting opened with an
invocation by Jimmy Lunsford, student pastor of Church Alive.
4.
Agenda Adjustment: The
Motion
By: Dickson
Second
By: VanFossen
Vote: Unanimous
Items
Added to the Agenda: None.
Items
Removed from the Agenda: None.
Consent
Agenda Items Moved to New Business:
None.
Other
Changes: None.
5.
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. The
following input was recorded:
Tim Sack, 232
Russ Lowe,
Still, he said, something is wrong. He said he doesn’t know what the answer is,
but something is wrong because there is no way 58 tanker truckloads of water
would have been dumped on his property through his irrigation system in 29
days.
6. Sign Regulations and Appearance Report - Mr. Queen and Mrs. Trautz provided
information on signs and the regulations that apply to them.
During the presentation, Mr. Queen said weekend signs in the
right-of-way could be reduced a great deal by the prohibition against signs
advertising real estate located outside Holly Springs jurisdiction; an ordinance
amendment to prohibit signs in medians; a limitation on the number of signs
allowed for election candidates; and requiring a deposit for candidates who
erect signs with the deposit to be returned when all signs are removed.
He also
suggested policy changes to prohibit signs advertising subdivisions outside
The Council
directed that staff return with proposed ordinance changes for consideration.
Mrs. Trautz
addressed the various types of signs that are erected on private property.
During the
presentation, she suggested some changes to the ordinance that might alleviate
appearance problems: more proactive
enforcement for signs in disrepair or in violation; reducing the amount of time
for compliance from 14 to 5 days.
The Council
directed that staff return to the Council at a later date with ordinance
changes, if needed, for consideration.
Action: None.
7.
Consent Agenda: The Council approved a motion to
approve all items on the Consent Agenda.
The motion carried following a motion by
7a. Resolution 07-11 - The Council adopted Resolution 07-011 authorizing the filing of
an application to the North Carolina Clean Water Revolving Loan Fund to finance
$15,000,000 for the construction of the wastewater treatment plant expansion. A copy
of Resolution 07-11 is incorporated into these minutes as addendum pages.
7b. Resolution 07-12 – The Council adopted
Resolution 07-12 directing the town clerk to investigate the sufficiency of
annexation petition A07-01 and setting a public hearing on the question of
annexation for
7c. Resolution 07-13 – The Council adopted Resolution 07-13 directing the town clerk
to investigate the sufficiency of annexation petition A07-02 and setting a
public hearing on the question of annexation for
7d. Resolution 07-14 – The Council adopted Resolution 07-14 directing the town clerk to investigate
the sufficiency of annexation petition A07-03 and setting a public hearing on
the question of annexation for
7e. Budget Amendment, $575 – The Council adopted an amendment
to the FY 2006-07 budget in the amount of $575 to accept insurance proceeds for
damaged police vehicle. A copy of the budget amendment is incorporated
into these minutes as an addendum page.
7f. Budget Amendment $60,000
- The Council adopted an amendment to
the FY 2006-07 budget in the amount of $60,000 to purchase three new police
vehicles. A copy of budget amendment is incorporated into these minutes as an
addendum page.
7g.
Budget Amendment, $297,600 – The Council adopted an amendment to the
FY 2006-07 budget in the amount of $297,600 to redistribute financing
revenues. A copy of budget amendments is incorporated into these minutes as an addendum
page.
7h.
7j.
Budget amendment, $12,100 – The Council adopted amendments to the FY
2006-07 budget in the amount of $12,100 and approve Gable Ridge pipe repair
design contract to Wetherill Engineering.
Copies of budget amendments and
Wetherill Engineering contract are incorporated into these minutes as addendum
pages.
7k.
Green Oaks Parkway Design Contract – The Council awarded a
supplement to the existing Kimley Horne & Associates design contract for
Green Oaks Parkway in the amount of $28,160, inclusive of a 10% contingency,
for environmental permitting services. A
copy of Kimley-Horne & Associates
contract is incorporated into these minutes as addendum pages.
7l.
8a. Western Wake Partnership Mitigation Costs – Mr. Dean explained that the Town is in a
limited partnership of sorts with the Towns of Apex, Cary, and Morrisville
regarding the construction of the effluent line to the
Mr.
Dean explained that the Policy Advisory Committee of the Partnership has
recently voted to require
Mr.
Dean said that these mitigation measures are entirely related to the
construction of the plant and bear nothing in relation to the construction of
the treated effluent line; therefore, the Town of
He
said further, the town attorney has opined that spending public funds for the
construction of utility infrastructure that will become the property of Apex to
serve properties that are not in the corporate limits of
Action:
The Council approved a motion
to adopt Resolution 07-15 requesting the Western Wake Partnership to reconsider
requiring the Town of Holly Springs to pay mitigation costs of the treatment
plant project for presentation to the project technical advisory committee in
April.
Motion
By: Atwell
Second
By: Dickson
In discussion, Mayor Sears reported that
initial discussions with partnership mayors were not positive, but that more
recent discussions have been more positive of the
Councilman DeBenedetto asked what would
happen if the PAC does not agree with the town’s resolution. Mr. Schifano said the agreement clearly
separates capital costs and liabilities between the plant and the effluent
line. He did say the question may be, “Is
the proposed mitigation related directly to the plant and only the plant?” New Hill residents are upset about the treatment
of raw waste water and not the underground piping, he added.
Vote: Unanimous.
A copy
of Resolution 07-15 is incorporated into these minutes as addendum pages.
8b. Summer Youth Work Crew Program – Mr.
Barnard explained that the
Summer Youth Work Crew is a program designed to target teens ages 14 to
16. He said this program would address
the gap in the population underserved by the parks and recreation department
programming. A wide variety of
programming is offered by the department for teens, but the number of
participants is low. The Summer Youth
Work Crew is another method to attract teens and get them involved in
activities within the community and to prevent their getting involved in
trouble.
Mr. Barnard said staff recommends implementation and funding
the program. He said the cost of the
program would be about $19,776 for the Summer Youth Work Crew program; $7,400
of the funding amount would need to come out of the 2006-07 budget, and the
remainder of $12,376 would be budgeted in the 2007-08 budget.
Action: The
Motion By: Atwell
Second
By: VanFossen
Vote: Unanimous.
8c.
Comprehensive Pedestrian Transportation Plan – Mr. Eyster introduced Matt Hayes
of Greenways Incorporated who provided a presentation about the town’s Comprehensive
Pedestrian Plan, which was developed by Greenways Incorporated with assistance from
NCDOT, Town staff, Capital Area Metropolitan Planning Organization (CAMPO) and
local citizens. Mr. Eyster explained
that funding for this plan came from the NCDOT Bicycle and Pedestrian Planning
Grant Program.
In his presentation, Mr. Hayes said the development process
of the plan included: determining goals and a vision, examining existing
conditions, conducting staff committee and public meetings, receiving public
input, developing pedestrian facility recommendations, prioritizing the
facility recommendations, and developing an implementation strategy for the
future. He said that a combination of
fieldwork, public input, steering committee input, and a prioritization scoring
matrix determined priorities for sidewalk development.
Mr. Hayes said the plan provides
recommendations for physical pedestrian facilities, programs and policies;
implementation strategies; operations and maintenance; design guidelines; and
funding. He said the pedestrian
facilities include sidewalks, greenways and pedestrian crossings, and these
recommendations are displayed in map insets.
The design guidelines chapter provides design details and cross sections
for the different pedestrian facilities that
Mr. Hayes said that once the plan is
adopted by the Council, this plan would be used as a tool for the next 10-15
years to receive funding and evaluating the progress in pedestrian
accomplishments.
Action: The
Motion By:
Womble
Second
By: DeBenedetto
Vote: Unanimous
8d.
Utley Creek Buffer Encroachment – Mrs. Keefer explained that the Town is designing and
permitting the Utley Creek wastewater treatment plant upgrade, and construction
is expected to start within the next few months. The original plant was constructed prior to
the adoption of the
Mrs. Keefer explained that as a result some of the existing
plant structures are located in the Cape Fear Buffer and most of the buffer on
the existing site has been cleared. She
said the plant expansion includes approximately 9.8 acres of new disturbed area
and will create new impacts into the Cape Fear Buffer due to the location of
the existing plant and the needed upgrades to be located close to the existing
plant.
Action #1:
The
Findings of Fact:
1. The carrying out of the strict letter of the
UDO will result in practical difficulties in the development of the property
included in the Waiver Petition.
2. Approval will observe the spirit of the UDO.
3. Approval will secure public safety and
welfare.
4. Approval will provide substantial justice.
5a. There are exceptional conditions pertaining
to the particular piece of property in question because of its shape, size, or
topography, that are not applicable to other lands, buildings, or structures in
the same district, or
5b. There is a peculiar characteristic of a
proposed use which makes the application of certain development standards of
the UDO, as requested in the petition for waiver of Riparian Buffer
Regulations, unrealistic.
6. Granting the Waiver requested will not confer
any special privileges that are denied to other owners or residents of the
district in which the property is located.
7. A literal interpretation of the provisions of
the UDO would deprive the applicant of rights commonly enjoyed by other owners
and residents of the district in which the property is located.
8. The requested Waiver will be in harmony with
the purpose and intent of the UDO and will not be injurious to neighbor or to
the general welfare
9. The special circumstances giving rise to the
Waiver request are not as a result of actions of the applicant.
10. Waiver requested is the minimum variance that
will make possible the legal use of the land, building, or structure.
Motion By: Womble
Second
By: VanFossen
Vote: Unanimous
Action #2: Having made the necessary findings of fact, the Council
approved a motion to grant a waiver of UDO regulations in Section 7.06e(1),
Environmental Buffer Areas, for the Town of Holly Springs impact to the Cape
Fear buffer with construction of the Utley Creek wastewater treatment plant
upgrade.
Motion By: Womble
Second
By: VanFossen
Vote: Unanimous
8e.
Mr.
Zawadski said that staff and the Planning Board recommend approval with
conditions.
Councilman VanFossen reminded the
Council that the developer provided what the Council requested.
Councilman Dickson noted for the
record that the four lots are facing the main entrance of Bridgewater Subdivision.
Tom Spaulding,
Mr. Spaulding said the applicant is fast approaching the 40%
mark, but is a long way from having roadway and utilities extended to the
recreational site location. He asked
that the Council also consider amending that condition of approval.
The Council
directed that the applicant return to the Council with this separate request
because it would need to receive staff and Planning Board review and
recommendation.
Action: The Council approved a motion to approve development plan amendment #03-DP-05-A04 for Bridgewater subdivision
as submitted by Spaulding and Norris, project number 427-2003, dated revised
1/26/2006 with the following conditions:
1.
All
previously approved conditions of approval shall still apply.
2.
Within
10 days of Town Council approval, the following shall be submitted:
a.
A
revised coversheet that includes updated data tables for all the zoning districts
and a 6” x 10” blank space.
3.
Within
60 days from receipt of existing preliminary vertical and horizontal alignment
data, the following item shall be addressed:
a.
Record
the right-of-way and construction easements for the extension of
4.
Prior
to final plat, the following must be completed:
a.
Payment
of fees-in-lieu of land dedication in the amount of $846/unit.
Motion By: VanFossen
Second By: Womble
Vote:
Unanimous
8f.
Sunset Oaks, Phase 10 Amendment 03-MAS-05-A04 – Ms. Huffman said that the
applicant has submitted an amendment to Phase 10 of Sunset Oaks for the
Council’s consideration. She said the
applicant is proposing to add two lots along street labeled as “V” on the
plans.
Ms. Huffman said the added lots are
considerably larger than the minimum, adding that the average lot sizes within
Phase 10 along street “V” are 15,000 square feet.
Ms. Huffman said that the applicant
is proposing to reduce the amount of open space within this phase; however, the
open space acreage in the PUD is above and beyond the required amount with a
total of 105.06 acres of open space when only 33.62 acres of open space is
required.
Ms. Huffman said the Planning Board
discussed the shifting of parcel lines and reduction of open space. She said staff and the Planning Board
recommend approval with conditions.
Action: The
1.
All previous approved conditions of approval shall still apply to this
amendment.
Motion By: Atwell
Second
By: Dickson
Vote: Unanimous
8g.
He said the materials of the clubhouse
building would be constructed of primarily cement siding and brick. The architectural elevation details include
façade and roofline variations, multiple covered porches, a gazebo, shutters,
and two chimneys.
Mr. Zawadski said the Planning Board
discussed the concerned of traffic congestion of the pick-up and drop-off area
in front of the club house. He said
staff and the Planning Board recommend approval with conditions.
Action: The
Motion By: Atwell
Second
By: DeBenedetto
Vote: Unanimous
8h.
New Positions for Engineering Department - Mr. Dean explained that during
last year’s budget process, there was discussion among staff of the need to re-evaluate
the engineering department’s staffing at mid-year. He explained that the volume of development
in
He said the
Novartis project also would put a tremendous strain on the department.
Mr. Dean
said that to meet the pace and demands, engineering staff is requesting that
the Council consider approval of two new mid-year staff positions to include a
stormwater engineer and a development review engineer.
Councilman
VanFossen asked if the Town had looked at out-sourcing the stormwater
duties. Mrs. Stephenson explained that
yes, the department had looked at this option, but costs would be higher and the
workload would be increased by not having the services in-house.
Councilman
Womble encouraged careful consideration of minority applicants for any vacancy
and that he be made aware of results.
Action: The
Motion By: Atwell
Second
By: Dickson
Vote: Unanimous
9.
Other Business: Councilman Atwell asked about the
propriety of providing personnel records to the Council. Mr. Schifano said the Town can share with the
Council base demographic information, but not information on individual
applicants. Councilman Womble said he
would be interested in seeing that type of information.
Councilman Dickson said he preferred
that the Town hire the best candidate for a job, regardless of race. Councilman Womble said he agreed but that he
believed that many qualified minority applicants may be overlooked.
Councilman Womble asked if a stop
sign could be erected at the exit from
10.
Manager’s Report: Mr. Dean reported on the visiting
Moldovian delegation and the Town’s partnership event that was a success.
11.
Closed Session: The Council approved a motion to
enter into Closed Session, pursuant to G.S. 143-318.11(a)(4)
to discuss the potential location of an industry in
Motion
By: Atwell
Second
By: VanFossen
Vote: Unanimous
General Account of Closed Session –
In Closed Session, the
-- End General Account
The Council approved a motion to return to Open Session.
12.
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.