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 Rev. Otis Byrd, pastor of the
4.
Agenda Adjustment: The
Motion
By: Atwell
Second
By: Dickson
Vote: Unanimous
Items
Added to the Agenda: A resolution authorizing
the Mayor to apply for a Wastewater Treatment works project grant for the Utley
Creek Wastewater Treatment Plant upgrade and expansion.
Items
Removed from the Agenda: Item 9d.,
Consent
Agenda Items Moved to New Business: Item
8g., a report on a promotional video project; 8h., Ordinance 07-11, amending
the sign regulations within public right-of-way; and 8i., amendment to Policy
Statement P-021, Code of Ethics and Conduct for Public Officials.
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:
Sylvia Watson,
Rev. Otis Byrd,
6.
Dilapidated Structures Removal Program - Mr. Queen explained that this pilot
program has been developed in conjunction with other Town appearance initiatives
discussed at the 2007 Town Council Winter Retreat, including a community photo
project, modifications to town ordinances, and litter clean-up outings.
He said this program would involve
identifying target properties for removal and working with property owners to
do so in a manner that would provide a cost savings for property owners while
meeting the Town’s objectives. The
Town’s goals are to improve the visual appearance of the Town; reduce
properties that pose health hazards and havens for illegal activities; improve
property values in the vicinity of dilapidated structures; and enhance the
quality of life in neighborhoods.
Mr. Queen
said that staff has identified 16 subject parcels that could be improved by
this program.
He
said staff intends to issue letters explaining the Town’s program to property
owners inviting them to turn over their dilapidated structures to the Town for removal. The Town then would pay the up-front costs
for demolition, removal and disposal. A
$500 lien would be placed on the vacant parcel and would be collected at
closing if and when the property is ever sold.
He said if a property owner chooses
not to participate during the time allotted, the Town would take actions to
address issues, and all removal costs would then be incurred by the property
owner, and those costs would likely be in excess of $500. This would provide property owners a strong
incentive to participate.
He said the property owners would
have six months to decide whether to participate in the program. Because many owners of dilapidated structures
may not have the financial resources to remove a structure on their own, this
program would make it possible, benefiting the entire community.
Mr. Queen said the Code Enforcement
Director has identified $5,000 in his department’s FY 2007-08 budget that could
be allocated toward the structure removal costs. It is estimated that approximately $20,000 would
be needed to address all 16 target structures; therefore, if the program goes
as planned, additional funding would be necessary at a later date.
Councilman Dickson asked that the
program give priority to the removal of dilapidated structures located on main
thoroughfares.
Councilmen
Womble and DeBenedetto mentioned trailers on the
Action:
The Council approved a motion to endorse the Town’s pilot program to
assist property owners in the demolition, removal and disposal of dilapidated
structures.
Motion By: Dickson
Second
By: Atwell
Vote: Unanimous.
7a. Public Hearing: Special Exception Use Petition 07-SEU-06 - Ms. Huffman said the Town has
received an application for a special exception use to allow for an in-home day
care in the Autumn Park Planned Unit Development at
She explained that according to
Unified Development Ordinance Section 2.8, only 20% of the square footage of a
home may be used for an in-home day care.
The applicant is proposing to use 229 square feet while 20% of the total
heated square footage of the home is 332.8 square feet; therefore the request
would be in compliance with the UDO.
She said all of the special exception
use findings of fact have been thoroughly addressed on the application, and staff
feels very comfortable with the request.
Ms. Huffman said the applicant also has
provided a floor plan indicating the area in which the applicant proposes to
use for the day care operation and a letter of approval from her home owners association
stating that an in-home day care would be allowed as long as the applicant
secures the proper municipal permits and state licensing and the day care does
not disturb other homeowners.
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:
Jennifer Sudweeks,
Councilman VanFossen asked the petitioner if she understood
that the town’s approval was a zoning matter and would not override homeowner
association covenants.
Ms. Sudweeks read a May 2007 letter from her homeowners
association stating that there were no apparent covenants prohibiting an
in-home occupation. The letter goes on
to state that no activity would be allowed that would pose a nuisance for neighbors
and that this provision may affect an in-home daycare. Ms. Sudweeks said that the letter further
states that if she were to get the necessary state and municipal permits, there
should be no problem with her keeping children in her home.
There being no further 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: DeBenedetto
Vote: Unanimous.
Action
#2: Having made the 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-06
for 416 Cline Falls Drive to allow for an in-home day care as submitted by Jennifer
Sudweeks, project Number 07-SEU-06, dated
1. All state and local permits must be obtained
prior to opening.
Motion By:
Atwell
Second
By: DeBenedetto
Vote: Unanimous.
A copy of Special
Exception Use application 07-SEU-02 entered into the record by the applicant
and addressing the findings of facts is incorporated into these minutes as
addendum pages.
7b.
Public Hearing: Ordinance 07-10,
UDO Amendment – Mr.
Zawadski said staff evaluated current minimum and maximum parking requirements of
the UDO and presented results of that evaluation during the April 3 Technical
Review Committee meeting. The research
showed that the current UDO parking requirements generally are very consistent
with other towns across the state; however, the requirements for multi-family
development are the highest. He said
staff recommends that the UDO be amended to reduce the minimum parking
requirements for multi-family development.
He said in addition to the
multi-family changes, staff recommends limiting the amount of parking spaces to
110% of the minimum as of right, as opposed to the 150% maximum currently in
place. He said staff also recommends
allowing a maximum of 75% of the total amount of parking provided to be located
between the front building line and property line.
Mr. Zawadski said a waiver of one or
both of these requirements would be available to allow more than 75% of parking
spaces to be placed in front of a building and also to allow up to 150% of the
minimum number of parking spaces required.
The determination of the request for a waiver would be based on a
recommendation from the Planning Board and findings of fact by the Town
Council.
He said the implementation of these
requirements would reduce the amount of surplus parking spaces, encourage
shared parking, and decrease the amount of impervious surface and negative
visual impacts that result from too many parking spaces.
Councilman VanFossen asked Mr. Zawadski to clarify that the
Town is not decreasing the maximum number of parking spaces allowed.
Councilman Atwell commented on the difference in the parking
spaces per square foot between the Food Lion shopping center and Holly Springs
Crossings. It seems, he said, that the
Lowe’s did not have enough
With that explanation completed,
There being no comments, the public hearing was closed.
Action #1: The Council approved a motion that the following statement is true: “The requested UDO Text Amendment is
consistent with the
Motion By: Dickson
Second
By: VanFossen
Vote: Unanimous
Action #2: The Council approved a motion to adopt
Ordinance 07-10 to enact Unified Development Ordinance Amendment #07-UDO-02 to
modify the text of UDO Section 7.04, Off- Street Parking.
Motion By: Dickson
Second
By: Womble
Vote: Unanimous
A copy of Ordinance
07-10 is incorporated into these minutes as addendum pages.
8.
Consent Agenda: The Council approved a motion to
approve all items on the Consent Agenda.
The motion carried following a motion by
8a. Minutes - The Council approved minutes of the Council’s regular meeting held on
April 17 and budget workshop held on May15, 2007.
8b. Budget Amendment Report – The Council received
a report of FY 2006-07 budget amendments #148 through #193 approved by the town
manager. A copy of the budget amendment report is incorporated into these minutes
as addendum pages.
8c. Green Oaks Parkway Traffic Signal Agreement –
The Council entered into an NCDOT municipal agreement for a traffic
signal on Green Oaks Parkway. A copy of the NCDOT Municipal Agreement for Green
8d. Wastewater Treatment
Plant Expansion Sole Source Provider –
The Council approved
Microcomm as the sole source provider of the wastewater treatment plant
expansion project SCADA system.
8e. Wastewater Treatment Plant Timbering Contract
– The Council entered into a contract
with Fowler Contracting in the amount of $21,730 for timbering of the
wastewater treatment plant expansion site. A copy
of the Fowler Contracting contract is incorporated into these minutes as
addendum pages.
8f. Budget Amendment, $35,000
- The Council adopted an amendment to
the FY 2007-08 budget in the amount of $35,000 to retain services of a real
estate acquisition specialist. A copy of budget amendment is incorporated into
these minutes as an addendum page.
Consent Agenda Items Removed from
Consent for discussion:
8g.
Promotional Video Report – Ms. Powell explained
that
Ms. Powell said the company proposes to do the same
product for the Town of
She said the Town would have full editorial control over
the content of the six free one-minute videos that would be provided: a
welcome; a schools, real estate and medical in a combined video; and four
topics of the town's choice. The town would be asked only to provide a
letter on town letterhead signed by the mayor and assuring local businesses and
developments that the Town is participating in the program.
She explained that advertisers can purchase any variety
of advertising packages, starting at $800 for three years. Higher priced
packages provide not only links to company Web sites, but to videos about the
company or development.
The videos feature maps that show the locations of
businesses (or developments), and the videos are emailable files.
She said staff believes this would be a good and
cost-effective opportunity for the Town to present itself via video.
It also would provide local advertisers with an effective tool.
She added that filming would be scheduled for
September/October.
Councilman DeBenedetto said he does
not believe a local government should provide endorsement of any particular
company.
Ms. Powell explained that the letter
on Town letterhead would provide tacit endorsement, but that the wording and
purpose of the letter really would be to advise local businesses that the Town
is a participant and that the project is not a scam.
She added that the company has been
pre-screened by the North Carolina League of Municipalities as a preferred
vendor and that she has confidence in that endorsement.
Action:
The Council approved a motion to
authorize the town manager to sign a contract with
Motion:
VanFossen
Second: Dickson
Vote:
The motion carried a 4-1 vote.
Councilmen Womble, VanFossen, Atwell and Dickson voted for the
motion. Councilman DeBenedetto voted against.
8h.
Ordinance 07-11, Sign Regulations Amendment – Mr.
Schifano explained proposed Ordinance 07-11 would amend Chapter 6, Section
6-261 of the
Mr.
Schifano said that substantive changes as directed by the Town Council
discussions during the 2007 Winter Retreat and a spring regular meeting are:
Councilman DeBenedetto said he would
move that there be a public hearing on the signs in the right of way ordinance
proposal.
Councilman Atwell said he has been
through two public meetings with this topic.
He stressed that the ordinance exists and has existed for several years,
and that the current amendments are rather minor ones.
Councilman Atwell pointed out some
conflicting language in the draft and asked how would the Council handle any
changes to that draft.
The Town Attorney said the
conflicting language was the result of an oversight and fixing the language to
be as it was intended would not be prohibited if the Council were to approve
the draft.
Councilman
VanFossen pointed out that the sign ordinance was not new and confirmed with
staff that it was between six and seven years old. He said the Council is just making minor
adjustments to signs in the right of way.
The major change is disallowing signs advertising subdivisions outside
the town limits.
Councilman
DeBenedetto said signs are an economic issue, and the council should have a
public forum.
Action:
The Council approved a motion to invite realtors to a public forum with
staff for the purpose of allowing realtors to discuss the sign ordinance and to
provide input about changing the regulations.
Motion By: DeBenedetto
Second By: Womble
Vote:
Unanimous
Action: The Council approved a motion to adopt
Ordinance 07-11 amending the Holly Springs Town Code, Section 6-261, Signs in
the Right-of-Way, with text adjustments to eliminate inadvertent conflicting language
and excluding text imposing regulations on candidates.
Motion By: Atwell
Second By: VanFossen
Vote:
Unanimous
A copy
of Ordinance 07-11, as amended, is incorporated into these minutes as addendum
pages.
8i.
Policy Statement P-021.1, Code of Ethics and Conduct for Public
Officials – Mr. Schifano said the proposed
amended policy statement would provide for increased disclosure of financial
interests among public officials, as was directed by the Town Council on June
19.
Substantive
changes are:
·
Definition
for certain terms were added;
·
D.
under Trust, the last sentence would be changed to: Notwithstanding this
provision, a Town Official in a decision-making position may be involved in any
contract, project or service subject to an official act of the Town if he/she
excuses himself/herself from all discussions, deliberations, and votes on the matter
by the Town, and states with specificity at the time of recusal the reasons
for the recusal. Subsequent to the
official action, the Town Official shall not attempt to use his or her
position as Town Official to influence any Town
·
P.
under Trust would be added: P. Town Policy Makers owe to each other a
duty of candor, full disclosure, and good faith with respect to any information
regarding any official action of the Town and shall not withhold or falsify
information that, if available to other members, would assist in their
decision-making, nor shall they improperly promote such information to a third
party without the opportunity for a full and frank discussion among the policy
makers.
·
A new section on Disclosure would be added: A. Within 30 days of taking the oath of office and
annually by January 15, each Town Council member shall file a written disclosure on a form
approved by the Clerk, stating at a minimum the following: 1) The address of all real property owned by
the Councilmember and his immediate family; and
2) The name of any business entity or nonprofit organization in which
the Councilmember is an officer, director, owner, manager (in the event of an
L.L.C.), officer, or owns more than a ten (10%) interest in a company (private
or public).
·
A
new section on Violations of Policy would be added: A. A Town
B. The town attorney (or in the
event, outside counsel) shall thoroughly
investigate the allegations of the complainant and draft a legal memorandum
outlining findings of fact and conclusions of law relating to the events
complained of in the written complaint and transmit such memorandum to the Town
Council for its discussion.
C. The Town Council may take any action
allowed by law against the alleged violator, including referral to the district
attorney in the event of a criminal violation, direct the town attorney to
institute legal proceedings for an injunction or civil damages, if appropriate,
or pass a resolution censuring the individual.
Councilman
DeBenedetto asked that the policy be further amended to incorporate his earlier
suggestions to require a more comprehensive type of disclosure and to prohibit
entirely many types of business relationships.
Action: Councilman DeBenedetto made a motion that his
“Interim Code of Ethics” as presented to the Council via email and in agenda
packets for the June 19 council meeting be added to P-021.1
Second
By: Womble
Vote: The motion failed, 2-3. Councilmen DeBenedetto and Womble voted for
the motion. Councilmen VanFossen, Atwell
and Dickson voted against.
Action: The Council approved a motion to adopt
Policy Statement P-021.1 as submitted by the Town Attorney with an additional
text amendment to clarify “immediate family” ownership of property within the
corporate limits of the town and its extraterritorial jurisdiction.
Motion By:
Atwell
Second By: VanFossen
In
discussion, Councilman DeBenedetto said he was disappointed his motion did not
pass but he was glad the policy was being amended. He said he hoped the council would continue
to review the policy as it should be an evolving document.
Vote:
Unanimous
A copy
of Policy Statement P-021.1, Code of Ethics and Conduct for Public Officials as
amended is incorporated into these minutes as addendum pages.
9a.
He
reported that one qualified bid was received in the bid amount of $330,000.
Mr.
Schifano explained that the bid must withstand the upset bid process until it
is exhausted. If no upset bid is
received within 10 days, the highest bid will prevail, and the property can be
transferred.
Action: The Council approved a motion to award the bid for purchase of the
town’s surplus real propertyat
Motion
By: VanFossen
Second
By: DeBenedetto
Vote: Unanimous.
At this time, Mayor Sears and Councilman VanFossen asked to
be excused from discussion and deliberation on Item 9b, citing the mayor’s
community relations consulting contract with the developer of the subject
property and Councilman VanFossen’s role as architect of the subject
development’s clubhouse amenity.
Action:
The Council approved a motion to excuse Mayor Sears and Councilman
VanFossen from the meeting.
Motion
By: Atwell
Second
By: Womble
Vote: Unanimous
9b.
Twelve Oaks Master Sign and Landscape Amendment, 06-PUD-01-A03 – Mr. Jones said that the town has received an application
for an amendment to the Twelve Oaks Planned Unit Development that would add
language to the PUD Master Plan document to address decorative subdivision
entrance fences and create signage regulations for the development.
He said the current PUD document
does not cover fences or signage, and, as such, the regulations of the Unified
Development Ordinance must be met unless these items are added to the PUD
Master Plan document. This requires a full review by the Planning Board and
Town Council as well as a public hearing, which was held in June.
He said the applicant is requesting
as it relates to the decorative subdivision entrance fences and signage that
the town:
§ Allow fence height up to 12 feet in
height for the development entrance and internal entrance features into
subsections of the subdivision (the columns are approximately 9’ in height with
a 3’ lantern)
§ Allow for incidental signage
throughout the development directing traffic to model homes
§ Allow for builder information signs
throughout the development
Mr.
Jones said the applicant would like to install as their entrance feature into
the Twelve Oaks subdivision a fence structure that uses both a brick and
wrought iron fence and columns.
Action:
The
Motion By: Atwell
Second
By: Dickson
Vote: Unanimous.
The
Council approved a motion to readmit Mayor Sears and Councilman VanFossen back into the meeting.
Motion By: Dickson
Second By: Atwell
9c.
She said Mr. Spaulding is requesting that the Council
change that condition from 40% to 60%.
She said in response to Mr. Spaulding’s letter, staff is
willing to work with the developer to get an early building permit for the
recreation center and pool. The
developer was notified by staff that they can submit for the building permit at
this time.
Action: The
Motion By:
Atwell
Second
By: Womble
Vote: Unanimous
9d.
9e.
John
Tyler, Apex – Mr. Tyler, a member of the
Rev.
Horace Ferguson – Rev. Ferguson, pastor of the
Mr. Dean
explained that the
Action #1: The Council approved a motion to authorize
Town Manger to enter into a lease and joint use agreement with the
Motion By: Womble
Second By: Dickson
Vote:
Unanimous
Action #2: The
Council approved a motion to authorize
Town Manger to enter into a lease and joint use agreement with the
Motion By: Dickson
Second By: Womble
Vote:
Unanimous
9f.
a concept
plan for the proposed parking lot.
She said the revised parking lot
plan includes a one-way traffic flow. In negotiations, the church did not
desire to allow for a wider parking area; therefore, only one-way with parking
on both sides is proposed. Staff is in
discussions with the land owner to grant a cross access easement for the route
over to
She said the area between the
Councilmen were generally in
agreement over the plan; however, Councilman Atwell said he was not comfortable
with the flow of traffic through the lot and into the neighboring parking lot
and onto
Action: The
Motion By: VanFossen
Second
By: Womble
Vote: The motion carried following a 4-1 vote. Councilmen DeBenedetto, Womble, VanFossen and
Dickson voted for the motion. Councilman
Atwell voted against.
Councilman
Atwell said everyone he has talked to is against it.
Councilman
Womble said everyone he has talked to does not think there should be on-street parking
on
Councilmen
Atwell and DeBenedetto each said they felt that parking patterns that were
familiar and expected would be best on a busy major roadway and that something
like reverse angle parking would be better suited to less-traveled roadways or
parking lots..
Councilman
VanFossen maintained that reverse angle parking would be the safest parking
option.
The
Council asked Police Chief John Herring his opinion. Chief Herring said he felt reverse angle
parking is a safer alternative to traditional angle parking because a driver
would have a better view of oncoming traffic before pulling out.
Action:
The Council approved a motion to continue the Main Street Enhancement
Project with reverse angle on-street parking.
Motion By: VanFossen
Second By: Atwell
Vote:
The motion carried following a 3-2 vote.
Councilmen VanFossen, Atwell and Dickson voted for the motion. Councilmen DeBenedetto and Womble voted
against.
9g.
Parks and Recreation Grounds and Landscaping Maintenance Agreement - Mr. Bradley said that at the direction of Town
Council, staff will contract out the grounds maintenance for the following Town
sites:
The best bid, he said, was from
Bland Landscaping that would provide the kind of service the Council has
expressed it desires, and he recommended that the Council award the contract
accordingly.
Councilman Atwell asked why water
was included in the request for proposals since it had been determined that the
town had a watering truck.
Mr. Bradley and Mr. Dean explained
that the parks and recreation department watering truck and personnel needed to
operate it are dedicated to the maintenance of town park facilities and schools
while a landscaping company would take care of the other properties in full.
Councilman Atwell said he is
familiar with Brickman and has had heard a lot of good things about Bland. He said he feels led to go with what he knows,
and Brickman is the company that provides landscaping services for his
subdivision’s homeowners association.
Action: The
Motion By:
DeBenedetto
Second
By: Womble
Vote: Unanimous
10.
Other Business: None
11.
Manager’s Report: Mr. Dean reported to the Council
that Money Magazine had designated
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.