Regular Meeting
Jan. 15, 2008
The
Staff Members Present:
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: Sack
Second
By: Womble
Vote: Unanimous
Items
Added to the Agenda: Discussion of the Town’s growth management
report was added as an item of New Business.
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:
Doris Quinene,
6a.
Action: None.
6b.
Novartis Project and Economic Impact Update – Mr. Tom Anderson, director of
project management for Novartis, addressed the Town Council on the progress of
the Novartis Vaccines and Diagnostics facility.
Mr. Anderson described how the Novartis facility would be
arranged on the site; he gave interesting facts about the size of the facility
and the amount of materials that are being used in construction; he reported
that 2012 was the projected date for actual vaccine production for
distribution; and he showed Power Point slides illustrating construction
progress at the site.
Councilman
DeBenedetto asked Mr. Anderson to provide, if he knew at this point, to what
extent Novartis would be using reclaimed water.
Mr. Anderson said although he had a sense of what reclaimed water at the
site would be used for, he did not know the amounts.
Councilman
DeBenedetto asked when the plant was up and running how would waste generated
there be disposed of, especially hazardous waste.
Mr.
Anderson said infectious waste would be de-contaminated on site. He explained that the waste in question is
more biological than chemical, and it is de-activated so that it is not
hazardous.
Ms. Mizelle also had addressed the Council in agenda packets,
explaining that in the summer of 2006 as the Town of
She said the Town offered an
incentive to Novartis, which was accepted and consisted of the Town’s paying for
167 acres of land at a cost of $7.3 million and providing a $1 million
clearing/grading allowance. All other
commitments involved public infrastructure improvements that would not only
serve the Novartis site, but the town in general.
Novartis originally had requested
$3.25 million as the total expected cost of clearing and grading; however, the
Town committed $1 million. A gap existed
in the request and the funding, and the State of North Carolina offered $1 million,
and the Town of
Ms. Mizelle said during negotiations
in the summer of 2006, the Town approached Golden Leaf to ask for grant funds
toward the project. The Town made two separate applications to Golden Leaf for
grants to offset infrastructure improvement expenses.
She said the Town was awarded
$800,000 (for roadway design fees) and $1.25 million (for sewer lines.) The timing of the Town’s second application
where it was awarded $1.25 million was concurrent with final negotiations with
Novartis. The agreement with Novartis as spelled out in the
She said the understanding under
which the commitment was made was that the Golden Leaf grant funds, if any,
would reduce the town’s financial exposure for the wastewater project
improvements, and those savings would be reallocated to meet Novartis’
clearing/grading budget of $3.25 million.
Novartis has submitted a request for
payment of the remaining $1.25 million in accordance with the EDA, she
reported.
The estimated property tax valuation
for the project continues to evolve.
Ms. Mizelle said that staff
conservatively estimated the taxable value as low as $170 million as compared
to the state’s records of $267 million.
In the last year, Novartis has submitted plans for a much larger
facility than originally projected (from 300,000 square feet to more than
500,000 square feet.) Novartis officials have stated this facility, when built
out of Phase I is completed, will represent a capital project of $600 million.
She said as of January 2008, the
Town has processed three building permits of the first five planned buildings.
As submitted by Novartis, the permit costs based on construction costs are as
follows:
She said these estimates do not include land value, nor
pending machinery and equipment. Building permit applications for two
additional buildings (Warehouse and Fill/Finish) are expected this year, and
staff will continue to track this data.
Action:
None.
7a.
Public Hearing: Special Exception
Use Petition 07-SEU-10,
She added that should the petitioner
wish to have her request reconsidered in the future, a new petition will be
required to be filed, and a new public hearing scheduled. She asked the Council to simply close the
public hearing that remains open from the Dec. 18 Town Council meeting when it
was opened and continued.
Action: The
Council closed the public hearing.
7b.
Public Hearing: Ordinance 08-01
(07-UDO-09) Wireless Communications – Ms. Huffman said that due to a recent change to the North
Carolina General Statues on wireless communications requirements, the Town must
amend its Unified Development Ordinance Section 8.01, Special Regulations for
Wireless Telecommunication Facilities.
She said currently in the UDO an
applicant would have to apply for a special exception use permit to be able to
construct a new wireless telecommunication tower. In Section 9.10, Special Exception Uses, an
amendment will be needed due to the permitting process of communication towers
having been extended.
Ms. Huffman also included in UDO
amendment 07-UDO-09 a modification to Section 8.02, Family Care Homes
definition. Currently in the UDO the
General Statutes definition is not included; therefore, to be in compliance as
well as to not create confusion during interpretation it was important to
include the North Carolina General Statute definition, she said.
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 accept the
following statements as true: “The requested UDO Text Amendment is
consistent with the
Motion By: Dickson
Second By:
Womble
Vote:
Unanimous.
Action
#2: The Council approved a motion to adopt
Ordinance #08-01 to approve and enact UDO Amendment #07-UDO-09 to modify the
text of UDO Section 8.01, Special Regulations for Wireless Telecommunication
Facilities; Section 8.02, Special Regulations for Family Care Homes; and
Section 9.10, Special Exception Uses.
Motion By: Dickson
Second By:
Womble
Vote:
Unanimous.
A
copy of Ordinance 8-01 (07-UDO-09) is
incorporated into these minutes as addendum pages.
7c.
Public Hearing: Ordinance 08-02
(07-UDO-12) Section 11 – Mr. Zawadski said staff has been reviewing and evaluating the text of
the Unified Development Ordinance since its adoption. While using the UDO, staff comes across minor
errors, interpretations that are unclear, and sometimes regulations that need
to be added or changed, he explained. He
said staff suggests making the following revisions to help clarify and improve
the applicability of UDO Section 11, Definitions. The following list of amendments has been
reviewed by the Technical Review Committee and the
|
UDO Section # |
Suggested Modification |
|
Section 11 |
Add “Whip Antenna” definition |
|
Section 11 |
Add NCGS
Reference to “Family Care Home” and “Persons With Disabilities” and remove
definitions |
|
Section 11 |
Remove “Development Plan, Phased” definition |
|
Section 11 |
Add “Marquee” definition |
|
Section 11 |
Add NCGS
reference to “Family Child Care Home”
and remove definition |
|
Section 11 |
Revise “Board of Commissioners” definition to
reference Town Council |
|
Section 11 |
Add
diagrams for odd-shaped lots to determine front, side, and rear yards. |
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 accept the following statements as true: “The requested UDO Text Amendment is
consistent with the
Motion By: VanFossen
Second By:
Womble
Vote:
Unanimous.
Action #2:
The Council approved a motion to adopt
Ordinance 08-02 to approve and enact Unified Development Ordinance Amendment
#07-UDO-12 to modify the text of UDO Section 11, Definitions.
Motion By: VanFossen
Second By:
Womble
Vote:
Unanimous.
A copy of Ordinance 8-02 (07-UDO-12) is
incorporated into these minutes as addendum pages.
7d.
Public Hearing: Comprehensive
Plan Amendment 07-CPA-01, Southern Gateway Plan – Mr. Jones said that in November, the
Council adopted the updated Comprehensive Plan.
Part of the overall work plan is
continuing to study small areas within the Town jurisdiction he said, adding
that the Southern Gateway Plan has been prepared for the area generally located
around the G.B. Alford Highway down to the existing annexation agreement line
with Fuquay-Varina and down Avent Ferry Road to Piney Grove-Wilbon Road.
The area also overlaps with the
Village District Area Plan and would amend that plan by removing the land near
He said development has begun in the
area, and recently the Shoppes at
Mr. Jones said staff felt that a
gateway plan to set land uses and goals for this area was warranted for any new
developments that may come in the future.
The overall plan for the Southern
Gateway is for Regional Commercial and Office development with higher density
residential supporting those commercial developments. The plan is for this area to be of high
quality design and to be an attractive gateway into the Town.
Mr. Jones said staff has prepared a
proposed land use map that clearly specifies the land use designations for
parcels within the study area. Staff has
added additional Office/Professional and Mixed residential within the study
area.
Also, the Transportation Plan
portion of the Plan has been adopted by Town Council through a Thoroughfare
Plan amendment that Engineering put forward a couple of months ago. This plan will be incorporated into the
Southern Gateway Plan. The major
addition to the transportation network in this area is a new connection from
Piney Grove-Wilbon to
Within the plan, staff identified
several policies. These policies set a
course for the study area’s future development.
Mr. Jones explained that a public
meeting was held Nov. 14, and approximately 12 residents attended. Comments were favorable and in support of the
plan; however, there was a written request by Ms. Lori Stokes who resides on
There also were a few other
residential properties that requested the same.
Mr. Jones noted a new road
connection from
He said since the Planning Board
meeting, the transportation plan has been updated to remove a proposed roadway
alignment through a sensitive environmental area near the Little Moccasin Lane
area.
Councilman VanFossen asked why a
pedestrian overhead crossing was being included in the plan since the Bypass
has signalized intersections.
Mrs. Sudano explained that NCDOT
refuses for several reasons to allow any at-grade pedestrian crossing 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: The Council approved a motion to adopt
resolution 08-01 approving Comprehensive Plan Amendment 07-CPA-01 to add the
Southern Gateway Plan and to amend the Village District Area Plan Boundary and
the Village District Area Plan Transportation Map.
Motion By: VanFossen
Second By:
Dickson
Vote:
Unanimous.
A
copy of Resolution 08-01 is incorporated into these minutes as addendum pages.
7e.
Public Hearing: Comprehensive
Plan Amendment 07-CPA-02 - Ms. Huffman said the Town has received an application requesting an
amendment to the Comprehensive Plan of the land area located in the southeast
quadrant of the intersection of G. B. Alford Highway (Highway 55 By-pass) and
W.
She said the property has
approximately 1,100 feet of frontage on
The applicant believes the site
would be a good location for a mixed use development to accommodate and serve
customers employed at the
She said the applicant is requesting
the Mixed Use classification due to the Residential zoning properties adjacent
to the proposed site. Using the Mixed
Use classification would allow a blending of community commercial development
with medium- to high-density residential densities.
Ms. Huffman explained the eastern
half of the intersection is the least intense land use designation with the
other half of the intersection’s being designated as
The previous Comprehensive Plan, as
recently as October 2007, illustrated the land area surrounding the entire
intersection as Mixed Use. Three of the
15 parcels (approximately 8.5) acres were rezoned to Local Business in June of
2007, and 2 of the 15 parcels (approximately .61 acres) had been rezoned prior
to 2007. The current Comprehensive Plan, adopted in November 2007, now
designates this land area as residential even though 75% of the subject
property was re-zoned, in compliance with the previous Comprehensive Plan, to
Local Business.
She said staff is in favor of the
Comprehensive Plan Amendment to change the current classification of the
parcels from Residential to Mixed Use.
Staff feels that Commercial and Mixed Use development at the corner of
There being no input, the public hearing was closed.
Action: The Council approved a motion to approve
Vision
Motion By: VanFossen
Second By:
Womble
Vote:
Unanimous.
7f.
Public Hearing: Rezoning Petition
07-REZ-16 – Ms.
Huffman said applicant Fred Fletcher, Jr. requests rezoning of property from
R-8 and R-10: Residential to LB: Local Business. The properties the applicant has designated
for the rezoning are in the southeast quadrant of G.B. Alford Highway (Hwy. NC
55 Bypass) and
She said the uses that would be
allowed in the local Business District would serve the residents within the
area, the business park, the subdivisions located to the east of the property
and the residents who live on W.
Ms. Huffman said that two Planning Board Members voting
against the rezoning stated that the transition of R-8: Residential between the
LB: Local Business designation and the R-10: Residential designation should be
left as is, due to the need for a buffer between the commercial land uses and
the residential properties (Oaks at Avent Acres Subdivision).
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded:
Assaf Lev Ram, 504 Onondaga – Mr. Lev Ram addressed the Council,
saying that residents are concerned, especially because no one knows what is
being specifically planned. He said many
he has talked to are opposed to the rezoning petition because they feel it
should remain residential.
Art Scheaffer,
John Hughes, 225 Saranac – Mr. Hughes said he was opposed to the rezoning
request because he feels the traffic generated by a local business use would
pour onto residential streets.
Fred Fletcher, applicant – Mr. Fletcher spoke in favor of the rezoning. He pointed out that the company would need to
have all property in the request to be rezoned for the viability of any
development. He said he understood
residents’ concerns about through-traffic, which could be addressed at the site
plan stage. He said existing town
ordinances would address such concerns such as sedimentation and construction
traffic.
There being no further input, the public hearing was closed.
Councilman DeBenedetto asked if Planning Board members
present would comment.
Planning Board members
Action #1: The Council approved a motion to accept the
following statement as true, “The requested zone map change from R-10:
Residential to LB: Local Business is consistent with Vision
Motion By: Dickson
Second By:
VanFossen
Vote:
Unanimous.
Action
#2: The Council approved a motion to adopt
Rezoning Ordinance 08-01 to approve and enact Zone Map Change Petition
#07-REZ-16 to change the zoning of 10.57 acres of Wake County
Motion By: Dickson
Second By:
VanFossen
Vote:
Unanimous.
8.
Consent Agenda: The Council approved all items
on the Consent Agenda following a motion by Councilman
Dickson, a second by
8a. Minutes - The Council approved minutes
of the Council’s special meeting held Sept. 20 and its regular meeting held
8b. Budget Report – The Council received a report of FY 2007-08 budget amendments #13
through #24 approved by the town manager. A copy
of the budget amendment report is incorporated into these minutes as addendum
pages.
8c.
8d.
8e.
Harnett County Water Plant Expansion Professional Agreement – The
Council approved to enter a professional services agreement with Davis Martin
Powell for $16,000 for technical assistance in the Harnett County water plant
expansion project and to adopt related budget amendments. Copies
of the Davis Martin Powell contract and budget amendment are incorporated into
these minutes as addendum pages.
8f.
Budget Amendment, $250- The Council adopted an amendment to the FY
2007-08 budget in the amount of $250 to accept a donation to the
8g.
Budget Amendment, $1,500 – The Council adopted
an amendment to the FY 2007-08 budget in the amount of $1,500 to appropriate
prior year Community Development funds from developers to cover current year
costs associated with prospect development.
A copy of the budget amendment is incorporated into these minutes as an
addendum page.
8h.
Budget Amendment, $5,000 – The Council adopted an amendment to the
FY 2007-08 budget in the amount of $5,000 to operate the Cultural
Center/Library coffee kiosk through the end of the year. A copy of the budget amendment is incorporated
into these minutes as an addendum page.
8i.
Budget Amendment, $8,920 – The Council adopted an amendment to the
FY 2007-08 budget in the amount of $8,920 to accept insurance proceeds for a damaged
police vehicle and lightening damage. A copy
of the budget amendment is incorporated into these minutes as an addendum page.
8j.
Budget Amendment, $11,600 – The Council adopted amendments to the
Gable Ridge culvert project fund in the amount of $11,600 to cover additional
project costs. Copies of the budget amendments are incorporated into these minutes as
addendum pages.
8k. Windcrest Home Owners
Association Utility Easement – The Council approved to accept a
utility easement from Windcrest Home Owners Association. A copy of the utility easement is incorporated
into these minutes as addendum pages.
8.l. Reclaimed Water Phases 1
& 2 – The Council authorized additional
funding and a contract amendment to an existing Davis Martin Powell agreement in
the amount of $30,000 for additional work in the town’s reclaimed water
project. A copy of the
At this time, Mayor Sears excused himself,
and Mayor Pro Tem Sack took over the presiding officer role for a few moments
until Mayor Sears returned.
9a. Sunset Ridge
Ms. Keefer explained the background of
the variance request. She noted that the
Sunset Ridge Subdivision plat was re-recorded in July 2003. At that time, the Town’s Flood Damage
Prevention Ordinance did not allow residential development in the 100-year
floodplain; however, the ordinance did allow residential lot development in the
500-year floodplain.
In May 2006 the Town changed the
ordinance to include the 500-year floodplain as an unbuildable area to limit
the amount of flooding problems on new lots created in the Town.
The recorded plat for the subject
lot gives the appearance that there is enough buildable area outside of the
100-year floodplain and the Town’s utility easement to construct a single-family
residence. After review of the proposed
building permit application, staff determined that there was a drainage feature
and 500-year floodplain that existed on this property in addition to the sanitary
sewer easement and the 100-year floodplain.
Ms. Keefer said the builder changed
the proposed plot plan to remove development from the 100-year floodplain,
which would bring the lot into compliance with the Flood Damage Prevention
Ordinance that was in effect when the lot was rerecorded in 2003. She said the builder was unable to find
another suitable location for the foundation of the home due to the topography
of the lot, including a steep slope off of the road, a drainage feature running
at the bottom of the slope perpendicular to the driveway, the location of the
existing sanitary sewer line which is located in a utility easement in the
middle of the property and the location of the 100-year floodplain located in
the back of the property.
After a variance was obtained in
September 2007, the future homeowners and the builder determined that fill also
was needed on the lot in the 500-year floodplain to construct the home. The
builder has proved to the Town that the lot complies with the State of
Action
#1: The Council approved a motion to make and accept findings of fact
to be recorded in the minutes for Variance No. 2 at
(1) The danger that
materials may be swept onto other lands to the injury of others;
(2) The danger to
life and property due to flooding or erosion damage;
(3) The
susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner;
(4) The importance
of the services provided by the proposed facility to the community;
(5) The necessity
to the facility of a waterfront location as defined under Sec. 8-85 of this
ordinance as a functionally dependant facility, where applicable;
(6) The
availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use;
(7) The
compatibility of the proposed use with existing and anticipated development;
(8) The
relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
(9) The safety of access to the property in times
of flood for ordinary and emergency vehicles;
(10) The expected heights, velocity, duration,
rate of rise, and sediment transport of the floodwaters and the effects of wave
action, if applicable, expected at the site; and
(11) The costs of
providing governmental services during and after flood conditions including
maintenance and repair of public utilities and facilities such as sewer, gas,
electrical and water systems, and streets and bridges.
Motion
By: VanFossen
Second
By: DeBenedetto
Vote:
Unanimous.
Action #2: The Council approved a motion to approve a
variance for lot 35R in the Sunset Ridge Subdivision,
1)
This variance is to allow encroachment of fill into the 500-year floodplain
only; fill and structures including, but not limited to the residential home
and the pool, cannot be located in the 100-year floodplain or the regulated
Floodway;
2)
The lowest finished floor elevation and utilities of the single-family
residence and the pool’s mechanics must meet all building code requirements,
and the lowest finished floor elevation must be two fee above the 500-year
floodplain;
3) A
lot grading plan must be approved prior to issuance of the building permit;
4)
The storm drainage for the proposed driveway must be designed to meet Town
Engineering Design and Construction Standards.
Motion
By: VanFossen
Second
By: Womble
Vote:
Unanimous.
9b.
Main Street Square Waiver – Ms. Keefer said as a result of the design and review
process, it has been determined that a portion of the Main Street Square
Greenway Trail will require encroachment into the Town of Holly Springs
100-foot undisturbed Bass Lake Buffer.
Approval of a waiver to encroach into the buffer is required by Town
Council prior to construction.
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 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: Dickson
Second
By: DeBennedetto
Vote: Unanimous.
Action
#2: The
a.
All 404, 401 and permits to impact the Neuse
Buffer must be obtained prior to construction of the Greenway Trail.
Motion By: Dickson
Second By:
Debennedetto
Vote: Unanimous.
9c.
He said the Cornell Estate property
adds 8.97 acres to
He explained that following
stakeholder meetings, staff compiled a plan from input and recommends in the
master plan that the Town should consider the following:
Action: The
Motion By:
Womble
Second
By: Sack
Vote: Unanimous.
9d.
He said Booker Construction offered
the lowest bid of $167,104; followed by Asphalt Experts, Inc. that bid
$172,649.75 and Gelder & Associates, Inc. with a bid in the amount of
$200,037.65.
He said staff has been negotiating
terms with Booker Construction and requests the Council to award to the lowest
responsible bidder of Booker Construction as the contractor and authorize
project funds to be transferred.
Mr. Bernard said the cost of the
project will be $127,500. Approximately $5,000 already has been spent from the
$60,000 in grant funds that were awarded for the project. He said that leaves $67,500 that needs to be
transferred from the Parks & Rec Reserve fund.
Action: The
Motion By:
Womble
Second
By: DeBenedetto
Vote: Unanimous.
A copy of the budget
amendment is incorporated into these minutes as an addendum page.
9e.
Green Oaks Parkway Project – Ms. Sudano said that last fall, the two-lane portion of
Green Oaks Parkway project being constructed by the developer of Twelve Oaks
Development as a part of its agreement with the Town was put under violation by
both the U.S. Army Corp of Engineers and the N.C. Division of Water Quality
permitting agencies.
Ms. Sudano said because the project
was permitted under the Town’s name, the Town was called upon to insure that
violations were cleared up as soon as possible to bring the project back into
compliance, insuring protection of the environment, preservation of the Town’s
relationship with permitting agencies, and timely completion of the project.
She said the oversight efforts took
a considerable amount of time and effort and had the potential to impact the
design and permitting process of the Town’s four-lane portion of the Green Oaks
Parkway project. As a result, the Town
had to hire a consultant to assist with the oversight of bringing the 2-lane
project into compliance.
She said also, while visiting the
site, the agencies saw a situation on an older section of Green Oaks Parkway
that needed attention. The area they
identified is upstream of one of the culvert crossings. At this location, a head-cut is forming in
the stream channel. The agencies
included repair of this area in their actions on the neighboring developer’s
Green Oaks Parkway Project (2-lane portion.)
Ms. Sudano explained that one
proposal before the Council is for permit compliance services by Kimley-Horne
and Associates, the Town’s designer for the second phase of the Town’s Green
Oaks Parkway project. The letter of
agreement is open-ended and arranges for compensation to be on an hourly,
as-needed basis.
Final costs of these oversight
efforts are anticipated to be approximately $35,000, she reported, adding that
a statement would be added to the letter of agreement that costs may not exceed
$35,000 without written approval in advance of services provided.
Ms. Sudano said the second proposal
before the Council’s consideration would be an amendment to the existing
Kimley-Horne and Associates agreement with the Town for the design of the
four-lane portion of Green Oaks Parkway.
It is uncertain what the total amount of repair to the headcut would be;
however, costs are estimated to be around $25,000, including construction
administration.
She said a statement would be added
to the addendum that costs may not exceed $25,000 without written approval in
advance of services provided.
At this time, Mayor Sears asked if
he and/or Councilman VanFossen should recuse themselves from action since both
of them are associated with the developer of Twelve Oaks.
Mr. Schifano said that because the
agenda item pertained to a professional service agreement between the town and
an engineering firm, recusal would not be necessary.
Councilman DeBenedetto asked why
would the taxpayers of the Town be paying for a violation created by a
developer.
Ms. Sudano said her request before
the Council is for funding to pay the town’s consultant to oversee the work
that was done to correct the violation.
She said she felt the Town needed to control and oversee the work
because the permit is in the name of the Town.
She added that if the Town Council wanted to seek reimbursement of the
cost from the developer, that would be an option at the Council’s discretion.
Councilman DeBenedetto said he would
suggest that the Town seek reimbursement from the developer.
Councilman Sack said he agrees the
Town was acting responsibly in having its own consultant oversee the work being
done, and he also agreed that the Town should pursue reimbursement of the costs
from the developer or through continuing negotiations with fee credits.
Mr. Dean said there were
opportunities in the project to reduce fee credits for the developer or
otherwise collect the $35,000 during the remainder of the projects.
Councilman VanFossen said he felt
that there was more than the Council knew about these violations.
Councilman Sack said he still felt
it was appropriate for the developer to pay for the Town’s expenses in the
violations.
Councilman VanFossen said he was not
sure it was the developer’s contractor that caused the problem.
At this time, Mr. Schifano advised
Councilman VanFossen and Mayor Sears that the way the discussion was going in
bringing in the developer and the developer’s contractor into the conversation
and discussing whether to recover funds, they should recuse themselves because
of their association with the developer.
Both Councilman VanFossen and Mayor
Sears asked to be recused.
Action: The Council approved a motion to recuse
Councilman VanFossen and Mayor Sears from discussion and deliberation on this
item due to their professional associations with the developer of Twelve Oaks.
Motion By:
Sack
Second
By: DeBenedetto
Vote: Unanimous.
Mayor Pro Tem Sack presided over
this portion of the meeting.
Action: The
Motion By:
DeBenedetto
Second By:
Womble
Vote:
Unanimous.
A copy
of the Kimley-Horne and Associates proposal is incorporated into these minutes
as an addendum pages.
Action: The
Motion By:
Sack
Second
By: DeBenedetto
Vote: Unanimous.
A
copy of the Kimley-Horne and Associates
proposal is incorporated into these minutes as an addendum pages.
Action: The Council approved a motion to readmit
Councilman VanFossen and Mayor Sears into the meeting.
Motion By: Dickson
Second By: Sack
Vote:
Unanimous.
9f. South Wake Landfill – Councilman DeBenedetto said that
he requested this item to be placed on the agenda. He said that at a recent South Wake Landfill
Committee meeting, he learned that the landfill will be opening on Feb. 7.
He said with this opening, the transfer station in
Councilman
DeBenedetto said he felt the should revisit the question of host fees,
potentially in a joint effort with the Town of
Mr. Dean said
the Town will be looking at its waste hauling services this spring as its
current contract with Waste Industries expires in June. In the meantime, he said, Waste Industries
has not yet provided rate information because tipping fees at South Wake
Landfill have not yet been set.
He said he
would seek a contract amendment with Waste Industries that would provide
Brent
Kerschoff of Waste Industries – Mr. Kerschoff addressed the Council,
explaining the history of the Town’s business with Waste Industries and of the
Town’s shipping its waste to
Mr.
Kerschoff and Mr. Dean agreed that the rate reduction would be applied
immediately for customers through the end of the fiscal year and then the Town
would confirm future rates extending beyond
The Council
agreed that the issues of the Town’s non-participation in the Wake Solid Waste
partnership and the question of host fees would be revisited at the Council’s
winter retreat in February.
9g.
Growth Management Report -- Councilman
Dickson recapped the issue that surfaced during the fall campaign season and
said the issue has had no closure, but has not gone away completely. He said he wanted to garner a vote from the
Council as to whether the report as presented to the Council and published on
the Town’s Web site would be accepted by the Council.
Councilman Dickson made a motion that
the Council accept the report as it was presented and published on the Town’s Web
site.
In discussion, Councilman Sack said
he feels there is too much involved in the issue for a simple vote up or
down. What policies should the Town put
into place and how will it effect the growth are questions that can’t be
answered with a yes or no, he said. He
suggested that there be more discussions at the Council’s winter retreat.
He said it would be more beneficial for
the Council to discuss these issues at length in the retreat forum.
Councilman VanFossen said he has
received a number of calls from those in the development and lending community
expressing concern about slowing growth in
Councilman DeBenedetto said he wants
there to be a public hearing on the questions.
Councilman Dickson agreed that the
issues of growth need involved discussion; however, he said his intent is
simply to endorse the report presented by staff and validate the information
that was provided.
Councilman VanFossen seconded the
motion because, he said, the contents of the report are true and accurate, and
so he would vote for the motion as stated.
Action: The Council approved a motion to accept a
recent staff report and statistics on growth trends, matters and issues in the
Town of Holly Springs as presented to the Council and as published on the
Town’s Web site.
Motion
By: Dickson
Second
By: VanFossen
Vote: The motion carried following a 3-2 vote. Councilmen VanFossen, Dickson and Sack voted
for. Councilmen DeBenedetto and Womble
voted against.
10.
Other Business: Councilman Dickson asked if signs
at ballfields could be placed in the left and right fields and not in the
center field.
Councilman Womble asked when the
11.
Manager’s Report: Mr. Dean reported that residents
along
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.