Regular Meeting
June 19, 2007
The
Staff Members Present:
Planning Board Members Present:
Tim Sack,
2 and 3.
The Pledge of Allegiance was recited, and the meeting opened with an
invocation by Rabbi Ederly of Temple Beth Shalom.
4.
Agenda Adjustment: The
Motion
By: Dickson
Second
By: Atwell
Vote: Unanimous
Items
Added to the Agenda: 8n., resolution
declaring two fire trucks as surplus to the needs of the town.
Items
Removed from the Agenda: 7b., Townes
at Arbor Creek was removed at the request of the developer..
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:
Gerald Holleman,
Jonathan Gibbons, Ballentine
– Mr. Gibbons talked about the noise pollution of big truck braking. He requested a four-way stop at Ballentine
and
6.
Family History Library and Resources - Mr. Bob Volpe introduced the Council
to representatives with information on the Family History Library and resources
available to all citizens at the
Mr. Volpe presented Mayor and Mrs.
Sears with the Sears Family History compiled by Leann Carroll, volunteer at the
Apex LDS FHC.
Action: None.
6b. Novartis Presentation – Mr. Ulrich Valley of the Novartis
company addressed the Council to provide members with an update on the
construction project and the anticipated impact the company will have on the
town.
Action:
None.
At this time, Mayor Sears asked to
be excused from the Council for the next item on the agenda, citing his
contract with Wakefield Development, the applicant, as his reason for the
recusal.
Councilman VanFossen also asked to
be recused, saying that he is the architect designing the development’s
clubhouse.
Councilman Atwell asked the Town Attorney for clarification
of whether it would be necessary for the two to be recused.
Mr. Schifano advised that following the joint public hearing
with the Planning Board, the action of the Council would be to forward the
proposal to the Planning Board for review and recommendation. While his
argument would be that such action would not be of any financial benefit to
either Mayor Sears or Councilman VanFossen, their recusal would eliminate any
appearance or perception of impropriety.
Action:
The Council approved a motion to recuse Councilman VanFossen and Mayor
Sears from deliberations and action on agenda item 7a, the public hearing on
proposed amendments to the 12 Oaks Planned Unit Development.
Motion By: Atwell
Second By:
Dickson
Vote:
Unanimous.
Mayor Pro
Tem Hank Dickson presided.
7a.
Joint Public Hearing: Twelve Oaks
PUD Amendment, 07-PUD-01-A03 – Mr. Jones said the Town has received a proposed amendment to
the Twelve Oaks Planned Unit Development that would add language to the PUD
document to address fences and signs as follows:
§ Allowing a fence height up to 12
feet in height for the development entrance and internal entrance features into
subsections of the subdivision
§ Allow for incidental signage
throughout the development directing traffic to model homes
§ Allow for builder information signs
throughout the development
He said the applicant would like to install as the entrance
feature into the Twelve Oaks subdivision a fence structure that uses both brick
and wrought iron fence and columns. The
current PUD document does not cover fences and as such the regulations of the
Unified Development Ordinance must be met.
The current standard only allows for fences to go up to six feet in
height along the perimeter of a subdivision.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded:
Randy Smith, land development manager for
Bob Brantley of Rodney’s Signs, 3321 Hemingway, Apex – Mr. Brantley spoke in favor of
the amendments.
There being no further input, the public hearing was closed.
Action: The Council approved a motion to forward Planned Unit
Development application #06-PUD-01-A03 for Twelve Oaks to the Planning Board
for review and recommendation.
Motion By:
Womble
Second By: Atwell
Vote:
Unanimous.
Councilman Dickson made a motion to readmit Councilman
VanFossen and Mayor Sears into the meeting.
The motion was seconded by Councilman Womble, and it carried
unanimously.
7b. Public Hearing: Townes of Arbor Creek – This item was deleted from the
agenda during agenda adjustment.
7c.
Public Hearing: Zoning Map Change
07-REZ-08– Mr.
Jones said the Town has received a request for rezoning, and the applicant is
proposing to rezone 2.13 acres along Cotten Lane adjacent to Avent Ferry Road
from R-15 Single-Family to R-MF-8 Multi Family Residential. The parcels are adjacent to recently rezoned
property that was rezoned from R-15 to R-MF-8.
He said these parcels are located within the Village District Area Plan
boundary, and that plan designates this area for attached residential uses.
Mr. Jones said that staff and Planning Board recommend
approval.
With that explanation completed, Mayor Sears opened the public
hearing to accept input. The following
comments were recorded:
There being no further input, the public hearing was closed.
Councilman Atwell explained, for the benefit of the
audience, that the question of the public hearing was whether the requested
zoning was appropriate for the area. He
said the Council is prohibited from entertaining specifics about development
plans when considering zoning. Later in
the process, development plans go through their own vigorous review process,
which is when such things as traffic patterns will be examined, he added.
Action #1: The Council approved a motion to approve the following
statement: “The requested zone map change from R-15 to R-MF-8 is consistent
with the Holly Springs Ten Year Comprehensive Growth Plan (The Village District
Area Plan) since the Future Land Use Plan Map indicates this property as
Attached Residential Housing. R-MF-8
zoning designation will fit into the area.
The requirements allowing for a multi-family zoning will be in
conformance with its surroundings.”
Motion By: Dickson
Second By:
Atwell
Vote:
Unanimous.
Action
#2: The Council approved a motion to
approve Zone Map Change Petition #07-REZ-08 to change the zoning of 2.13 acres
of Wake County
Motion By: Dickson
Second By:
Atwell
Vote:
Unanimous.
7d.
Public Hearing: Zoning Map Change
07-REZ-09– Mr. Zawadski
said that last year, Rezoning Petition #06-REZ-08 included two of the four
subject properties and was originally presented to Town Council on
He said during that meeting, a number of Council members and
adjacent property owners expressed concern about the lack of vehicular access
to the property from
He explained that rezoning petition 07-REZ-09 includes the
two original properties as well as two additional properties that would help to
provide access when the properties are developed. All of these properties are within the
corporate limits of
Mr. Zawadski said the applicant is requesting that a
4.65-acre portion of the larger parcel be rezoned to LB: Local Business and
that the remaining 1.92 acres of the property be rezoned to R-8 Residential.
The applicant is requesting that the entire .33 acres of the
smaller parcel be rezoned to R-8: Residential and that the remaining two
parcels (.82 acres and .88 acres) that front Holly Springs Road and 55 Bypass
be rezoned to LB: Local Business.
Mr. Zawadksi said the requested R-8: Residential and LB:
Local Business zoning designations are compatible with the land use plan and
that staff and Planning Board recommend approval.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded:
Kathi Nesbitt,
Steve Seely, - Mr. Seely, representing the applicant, explained that
yes, the applicant has the property up for sale. He said their options are open and that the
applicant may also develop the property.
There being no further input, the public hearing was closed.
Action #1: The Council approved a motion to approve the following
statement: “The requested zone map
change from R-10: Residential and R-20: Residential to LB: Local Business and
R-8: Residential is consistent with the
Motion By:
Womble
Second By:
DeBenedetto
Vote:
Unanimous.
Action #2: The Council approved a motion to approve Zone
Map Change Petition #07-REZ-09 to change the zoning of 4.65 acres of Wake
County
Motion By: Womble
Second By:
DeBenedetto
Vote:
Unanimous.
7e.
Public Hearing: Zoning Map Change
07-REZ-10 – Mr. Zawadski
said the Town has received a request for a zone map change for a .39-acre
parcel located at the intersection of
He said additionally, a 20-foot undisturbed buffer yard is
required when the adjacent property (proposed site of
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded: None.
There being no input, the public hearing was closed.
Action #1: The Council approved a motion to approve the following
statement: “The requested zone map
change from R-20 to CB: Community Business is consistent with the Holly Springs
Ten Year Comprehensive Growth Plan since the Future Land Use Plan Map indicates
this property as Commercial and the Community Business District permits
commercial uses.”
Motion By: VanFossen
Second By:
Atwell
Vote:
Unanimous.
Action
#2: The Council approved a motion to
approve Zone Map Change Petition #07-REZ-10 to change the zoning of .39 acres
of Wake County
Motion By: VanFossen
Second By:
Atwell
Vote:
Unanimous.
7f.
Public Hearing: Zoning Map Change
07-REZ-11 – Ms. Huffman
said the Town has received a request for the rezoning of two parcels located
off the corner of
Ms. Huffman said the applicant is
asking that the .5 acres fronting Sunset
Ms. Huffman said that staff and Planning Board recommend
approval. She reported that there were
dissenting votes on the Planning Board with two members voting against the
recommendation to approve because there would be no transitional zoning between
the property and neighboring residential properties.
Councilman Dickson pointed out that, although the adjacent
properties are zoned residential, the
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded:
Walter Colvin,
Councilman VanFossen explained that no development plan had
been submitted, and that type of specific detail would be addressed later in
the development review process.
There being no further input, the public hearing was closed.
Councilmen Atwell and Dickson said they agreed about the
future development of the neighboring properties. Councilman Atwell added that he also feels
that higher density properties in proximity to business areas is good planning.
The Council members talked about the merits of R-MF-8
compared to R-MF-15. In the end the
Council felt the R-MF-15 zone would not be much denser than an R-MF-8 zone and
also would require higher architectural standards.
Action
#1: The Council approved a motion to approve the following
statement: “The requested zone map
change from R-10 to LB and zone map change from R-10 to R-MF-15 is consistent
with the
Second By:
Atwell
Vote:
Unanimous.
Action #2: The Council approved a motion to approve Zone
Map Change Petition #07-REZ-11 to change the zoning of .5 acres of Wake County
Motion By: VanFossen
Second By:
Womble
Vote:
Unanimous.
7g. Public Hearing: Special Exception Use Petition 07-SEU-03 – Ms. Huffman said the Town has
received a petition for a special exception use on property centrally located
in the Arbor Creek Planned Unit Development.
The applicant is asking for permission for an in-home daycare that would
keep up to nine children. The home is
located on a cul-de-sac at
Ms. Huffman said that staff and Planning Board recommend
approval.
With that explanation completed, Mayor Sears opened the
public hearing to accept sworn testimony and qualified evidence. Under oath administered by the Town Clerk,
the following provided testimony to be recorded: None.
There being no testimony, the public hearing was closed.
Action #1: The
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
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: Atwell
Second By:
Dickson
Vote: Unanimous
Action #2: Having made findings
of fact that the project meets the requirements to be granted a Special
Exception Use, the Council approved a motion to approve Special Exception Use
Petition #07-SEU-03 to allow an in-home daycare at 101 Bottlebrush as submitted
by Hadizatu Ingawa, revised 03/ 23/2007.
Motion By: Atwell
Second
By: VanFossen
Vote: Unanimous
A copy of Special
Exception Use application 07-SEU-03 entered into the record by the applicant
and addressing the findings of facts is incorporated into these minutes as
addendum pages.
7h. Public Hearing: Special Exception Use Petition 07-SEU-04 – Mr. Zawadski reported that the Town
has received a request for a Special Exception Use for a pet store to be
permitted in the LB: Local Business zoning district at
Mr. Zawadski explained that the applicant proposes to sell mostly
pet care dry goods, which is allowed by right in the zoning district. The applicant also proposes to sell a small number
of hamsters, small birds and fish, and the sale of these animals would require
the granting of a Special Exception Use permit.
Mr. Zawadski said staff feels that this type of pet store
would be in compliance with both the Town’s 10-Year Comprehensive Plan and the
Northeast Gateway Plan. It also would be
compatible with existing development and the surrounding area.
With that explanation
completed, Mayor Sears opened the public hearing to accept sworn testimony and
qualified evidence. Under oath
administered by the Town Clerk, the following provided testimony to be
recorded: None
There being no testimony, the public hearing was closed.
During Council discussion, members
expressed concern that dogs and cats would be among the “small caged animals”
that were cited in the application.
Applicant Kevin Meyers was invited
to respond outside the realm of the hearing.
Mr. Meyers said, no, that the small animals that would be sold would
include only hamsters, small birds, hermit crabs and fish and no dogs or cats.
Action
#1: The
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
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: Atwell
Second By:
VanFossen
Vote: Unanimous
Action #2: Having made findings
of fact that the project meets the requirements to be granted a Special
Exception Use, the Council approved a motion to grant Special Exception Use
Petition #07-SEU-04 for
1.
All
additional state and local permits and approvals will be required prior to the
business opening.
2.
The
Industrial Waste short form will need to be submitted within 10 business days
of Town Council approval. This form can
be found in the Development Petition Packet.
Motion By: Atwell
Second
By: VanFossen
Vote: Unanimous
A copy of Special
Exception Use application 07-SEU-04 entered into the record by the applicant
and addressing the findings of fact is incorporated into these minutes as
addendum pages.
7i. Public Hearing: Special Exception Use Petition 07-SEU-05 – Mr. Jones said The Town of Holly
Springs proposes to erect a 170-foot reclaimed water elevated storage tank at
the corner of
Mr. Jones said the reuse water tank
would serve as a holding facility for the Town’s new reclaimed water
program. When this program is up and
running, it will be one of the largest reuse programs in the State of
He said the tank would be surrounded
by a six-foot-high chain link fence and landscaping. The final design of the tank has yet to be
determined, and it would be subject to the Town Council’s review and approval.
He said in addition to a special
exception use, the Town is requesting two development standard variances
regarding structure height and front yard fence height.
With that explanation completed, Mayor Sears opened the
public hearing to accept sworn testimony and qualified evidence. Under oath administered by the Town Clerk,
the following provided testimony to be recorded: None
There being no testimony, the public hearing was closed.
Action
#1: The
3.
Approval will secure public safety and welfare.
4.
Approval will provide substantial justice.
5.
a. 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
b. 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 variance of development standards, unrealistic.
6.
Granting the Variance 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 variance 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 Variance request are not as
a result of actions of the Applicant.
10. Variance Requested is the
minimum variance that will make possible the legal use of the land, building,
or structure.
Motion By: VanFossen
Second By:
Atwell
Vote: Unanimous
Action #2: Having made the necessary findings of fact, the Council
approved a motion to grant a variance of UDO Section 2.04, B., 7., a, Maximum
Building Height, to allow for a 170-foot-high reclaimed water elevated storage tank
as submitted by Davis Martin Powell and Associates for the Town of Holly
Springs project number E-3867 at the corner of New Hill Road and Irving Parkway
on a parcel more particularly described with Wake County PIN(s) 0649-44-3440,
0649-44-4414.
Motion By: VanFossen
Second By:
Dickson
Vote: Unanimous
Action #3: The
3.
Approval will secure public safety and welfare.
4.
Approval will provide substantial justice.
5.
a. 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
b. 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 variance of development standards, unrealistic.
6.
Granting the Variance 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 variance 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 Variance request are not as
a result of actions of the Applicant.
10. Variance Requested is the
minimum variance that will make possible the legal use of the land, building,
or structure.
Motion By: VanFossen
Second By:
Atwell
Vote: Unanimous
Action #4: Having made the necessary findings of fact, the Council
approved a motion to grant a variance of UDO Section 2.08, 3., d., (1) Fences,
to allow a 6-foot-high fence in the front yard adjacent to New Hill Road as submitted
by Davis Martin Powell and Associates for the Town of Holly Springs project
number E-3867.
Motion By: VanFossen
Second By:
Dickson
Vote: Unanimous
Action #5: The
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
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: VanFossen
Second By:
Atwell
Vote: Unanimous
Action #6:
Having made findings of fact that the project meets the requirements to
be granted a Special Exception Use, the Council approved a motion to approve
Special Exception Use #07-SEU-05 as submitted by Davis Martin Powell and
associates for the Town of Holly Springs project number E-3867 with the
following condition:
Motion By: VanFossen
Second
By: Dickson
Vote: Unanimous
A copy of Special
Exception Use application 07-SEU-05 entered into the record by the applicant
and addressing the findings of facts is incorporated into these minutes as addendum
pages.
8.
Consent Agenda: The Council approved all items
on the Consent Agenda following a motion by Councilman
Dickson, a second by
8a. Budget Report - The Council received a report of FY 2006-07 budget amendments
#118 through #147 approved by the town manager.
8b. Budget Amendment,
$200,000 – The Council adopted an amendment to the FY
2006-07 budget in the amount of $200,000 to allocate funds to cover sanitation
contract. A copy of the budget amendment is incorporated into these minutes as an addendum
page.
8c. Budget Amendments, $330,000 and $90,000 –
The Council adopted amendments to the FY 2006-07 budget in the amount of
$330,000 and $90,000 to pave Thomas Mill Road and install water line in the
8d. Budget Amendment $295,000
- The Council adopted an amendment to the FY 2006-07 budget in the amount of $295,000
to allocate funding for the Stinson Ave. Phase II project. A copy
of the budget amendment is incorporated into these minutes as an addendum page.
8e.
Budget Amendment, $2,575 – The Council adopted an amendment to the
FY 2006-07 budget in the amount of $2,575 to allocate interest income to
cultural center and fire station renovation project budgets. A copy
of the budget amendment is incorporated into these minutes as an addendum page.
8f.
Budget Amendments, $97,600 – The Council adopted an amendment to the
FY 2006-07 budget in the amount of $97,600 to reallocate funds to the business
park pump station project and wastewater reuse system. A copy
of the budget amendment is incorporated into these minutes as an addendum page.
8g.
Budget Amendment, $57,900 – The Council adopted
an amendment to the FY 2006-07 budget in the amount of $57,900 to cover
unanticipated fire/rescue department expenditures. A copy
of the budget amendment is incorporated into these minutes as an addendum page.
8h.
Budget amendment, $59,350 – The Council adopted amendment to the FY
2006-07 budget in the amount of $59,350 to adjust the fire station project
budget to actual expenditures. A copy of the budget amendment is incorporated
into these minutes as an addendum page.
8i.
Budget Amendment, $1,725 –
The Council adopted an amendment to the FY 2006-07 budget in the amount of
$1,725 to accept insurance proceeds for repairs to a water distribution
vehicle. A copy of the budget amendment is incorporated into these minutes as an addendum
page.
8j.
Budget Amendment, $100,00 – The Council adopted an amendment to the
FY 2006-07 budget in the amount of $100,000 to increase water purchases. A copy
of the budget amendment is incorporated into these minutes as an addendum page.
8k.
8l.
Resolution 07-25 – The Council adopted Resolution 07-25 enacting
07-DPM-01 amending the Development Procedures Manual to add annexation
requirement waiver provisions. A copy of Resolution 07-25 is incorporated into
these minutes as an addendum page.
8m. Resolution 07-26 – The Council adopted Resolution 07-26 to enter into a municipal
agreement with NCDOT for the widening of Green Oaks Parkway. A copy
of Resolution 07-26 and NCDOT agreement are incorporated into these minutes as
addendum pages.
8n. Resolution 07-27 – The Council adopted Resolution 07-27
declaring two fire trucks surplus to the needs of the town. A copy
of Resolution 07-27 is incorporated into these minutes as an addendum page.
9a.
She
said staff and the Technical Review Committee evaluated various options for the
sidewalk, including width, material and location (which side of
She
said because the scope of this project is for sidewalk construction only,
rather than a roadway widening of half of the typical roadway cross section, the
sidewalk would be installed behind the existing roadway ditch, per NCDOT
requirements, and would be designed to minimize easement and construction costs.
Ms.
Stephenson said when the road eventually is widened to the ultimate cross
section, this sidewalk would need to be relocated when full road widening is
done. Designing the sidewalk so that it
would not have to be relocated in the future was examined; however, it would
significantly increase cost for right of way and construction, she explained.
She
said staff and the Technical Review Committee recommend that sidewalk be
installed on the south side of
She
said potential utility costs also were discussed. The
Councilman
Dickson asked if the project could be constructed in a combination of widths
and materials. He said his priority
would be Phase 1 of the project in order to help pedestrians get to schools and
businesses. He said the foot way to the
park might not need to be such a big investment.
Mr.
Bradley said he looks at the project from a greenway trail viewpoint rather
than from a sidewalk viewpoint. He
agreed that many materials are used, including asphalt, concrete, mulch, crush
and run and grass. He said his preference
for Phase 2 of the project would be asphalt.
Action: The
Council approved a motion to endorse the Bass Lake Sidewalk Plan with 5-foot-wide
concrete sidewalk to be installed on the south side of
Motion By:
Dickson
Second
By: Atwell
During discussion, arguments were
made for 8-foot concrete construction.
Councilman Dickson said he could not see the Town’s spending an extra
$44,000 for construction that eventually would be torn up.
Vote:
The motion failed to carry, following a 3-2 vote. Councilmen Atwell and Dickson voted for the
motion. Councilmen DeBenedetto, Womble
and VanFossen voted against.
Action: The Council approved a motion to endorse the Bass Lake
Sidewalk Plan with 8-foot-wide concrete sidewalk to be installed on the south
side of
Motion By:
VanFossen
Second By:
Atwell
Vote: Unanimous.
In a discussion of Phase 2,
Councilman VanFossen said he would prefer the north side of
Councilman Atwell said he would like
the material to be as natural as possible and that he would prefer asphalt on
Phase 2.
Councilman VanFossen and Mayor Sears
said concrete would prove to be more durable against tree roots.
Action: The Council approved a motion to endorse the Bass Lake
Sidewalk Plan with 8-foot-wide concrete sidewalk to be installed on the south
side of
Motion By:
Womble
Second By:
DeBenedetto
Vote: The motion carried 3-2. Councilmen VanFossen and Atwell voted against
the motion. Councilmen VanFossen and
Atwell said they both supported installation of the sidewalk; however,
Councilman VanFossen said he was voting against the motion because he preferred
the north side of
Action: The
Motion By: Dickson
Second
By: VanFossen
Vote:
Unanimous.
9c.
Progress Energy Encroachment Agreement – Ms. Stephenson said the Town proposes to
construct two projects which would encroach onto Progress Energy lands – the
Ms. Stephenson said Town staff has
been working with Progress Energy for 18 to 24 months to secure the needed
easements for these two projects. The
attached draft letters of agreement are part of the package of information that
Progress Energy requires before forwarding these easement requests to the North
Carolina Utilities Commission.
At this time, Councilman VanFossen
asked if he should recuse himself from this vote since the projects would serve
the 12 Oaks PUD.
Mr. Schifano said his advice would
be that Councilman VanFossen would not need to recuse himself because the sewer
system projects would serve those entire areas and not just 12 Oaks.
Action: The
Motion By:
Atwell
Second
By: DeBenedetto
Vote: Unanimous
A copy of the letters
of agreement are incorporated into these minutes as addendum pages.
9d.
Code of Ethics and Conduct Policy – Mr. Schifano said Town staff and Council Members had
received a document via email from Councilman DeBenedetto, who proposes that
the Council consider adoption of it as an “Interim Code of Ethics.” The provisions of the proposal are specific
and set out detailed requirements for the reporting of business transactions of
elected public officials. Councilman
DeBenedetto also proposes that the proposal be enacted retroactively for more
than two years, back to March 2005.
Mr. Schifano summarized that he does
not believe that Councilman VanFossen and Mayor Sears have violated any laws or
ethical standards in their contracted work with Wakefield Development.
That said, he has looked at the
sufficiency of the Town’s current Code of Ethics and Conduct in comparison to
other municipal codes of ethics and model codes that exist.
He said if the Council was amenable,
he would suggest amendments along the following lines to promote disclosure:
1. Define some terms more specifically.
2. To require Council members to state their conflict
when requesting motion for recusal.
3. Remove, “pursuant to state law” in contract
4. Leave the table or room
5. Written disclosures of pertinent business
relationships
Mr. Schifano added that a requirement
in one of the model codes states that a recused member leave the table for open
session or the meeting room, if closed session.
No other town responding to his survey requires this, and it presents
logistical issues.
Mr. Schifano said he did not have
any strong feelings about it one way or the other and that it would be up to
the Council.
There was much discussion.
Action:
The
Motion By: Atwell
Second
By: DeBenedetto
Vote: Unanimous
10.
Other Business: None
11.
Manager’s Report: None
12.
Closed Session: None.
13.
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.