Regular Meeting
May 6, 2008
The
Staff Members Present:
2 and 3.
The Pledge of Allegiance was recited, and the meeting opened with an
invocation by Rev. Doug Parlin, pastor of
4.
Agenda Adjustment: The
Motion
By: Sack
Second
By: DeBenedetto
Vote: Unanimous
Items
Added to the Agenda: None.
. Items Removed from the Agenda: None.
Consent
Agenda Items Removed for Discussion:
Item 9m., contract for auditing services for the town’s FY 2007-08
finances.
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:
Robert Padalino,
6a. Youth Gang Awareness and
Prevention Month – Mayor Sears proclaimed the month of May
to be Youth Gang Awareness and Prevention Month. He presented the proclamation to Shenekia
Weeks of the Wake County Southern Regional Center. Ms. Weeks coordinates gang awareness programs
in this portion of the county, including
Action: None.
At this time, Mayor Sears announced
he also would be proclaiming May 17 at Kids Appreciation Day in
7a.
FY 2008-09 Budget - Mr. Dean distributed his
recommended FY 2008‑09 Town budget for the Council’s review. The proposed budget General Fund is balanced at
$21,267,000, and the Utility Fund is balanced at $8,200,000. The ad valorem tax rate after
Mr. Dean said that in order to
accommodate the Council members’ questions and suggestions for revisions to the
budget plan, a budget workshop needs to be scheduled in May. He said that this workshop would give time for
Council members to review the budget document and still allow time for changes
to be made before formal adoption during the month of June.
In his annual budget message, Mr.
Dean said
Action: The Council approved a motion to set a budget workshop for
Motion By: Sack
Second By:
DeBenedetto
Vote:
Unanimous.
8a.
Public Hearing: Annexation Petition
A08-01, Blalock and Koeppen Property – Ms. Clapp explained the Town has received a petition for voluntary
annexation of 123.67 acres located at
She said the public hearing for this
annexation was opened on April 15 and was continued to resume on May 6.
Ms. Clapp said pursuant to the 1993
annexation boundary line agreement between the Town of Holly Springs and the
Town of
She said the request from Apex
notwithstanding, staff and the Town Attorney are of the opinion that this
parcel does not lie within the designated boundary of the annexation agreement
and is, therefore, not subject to the requirements of the agreement. The Town originally delayed action on the
annexation request because staff was awaiting the legal description of the
property, which has been provided. In
the interim it is clear that the subject property cannot be annexed by Apex as
it is closer to the continguous corporate limits of the Town of Holly Springs,
she noted.
Ms. Clapp said the town manager also feels the property is
not subject to the annexation agreement, but suggests that the Council make the
effective date of the ordinance
With that explanation completed, Mayor Sears reopened the
public hearing to accept input. The
following comments were recorded: None.
There being no comments, the public hearing was closed.
Action: The
Council approved a motion to adopt Annexation Ordinance A08-01 annexing approximately 123.67 +/-
acres owned by Brenda W. and Dewey R. Blalock Jr., and Teresa W. and Paul G.
Koeppen, and more particularly described as Wake County PINs: 0720.04-70-0500
and 0629.02-99-0816, into the corporate limits of the Town of
Motion By: DeBenedetto
Second By: Sack
Vote: Unanimous.
A copy of Annexation
Ordinance A08-01 is incorporated into these minutes as addendum pages.
8b.
Public Hearing: Rezoning Map
Change Petition 08-REZ-04, Blalock and Koeppen – Mr. Jones said this item also was tabled at the April 15
meeting until
He
said the Town has received a petition requesting that the Town rezone
approximately 123.7 acres from R-30 upon its annexation to Light
Industrial. The parcel is located along
He said the parcels are designated as
Mr. Jones said the Town, together
with the property owner, is trying to achieve a certified site designation
through the State of
He reported that the Planning Board
had reviewed the petition and recommends approval.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded: None.
There being no comments, the public hearing was closed.
Action #1: The
Council approved a motion to accept the following statement as true:
“The requested zone map change from R-30 to LI: Light industrial is
consistent with Vision
Motion By: Sack
Second By: DeBenedetto
Vote: Unanimous.
Action #2: The
Council approved a motion to adopt rezoning ordinance R08-04 to approve Zone Map Change Petition
#08-REZ-04 to change the zoning of 123.7 acres of Wake County
Motion By: Sack
Second By: DeBenedetto
Vote: Unanimous.
A copy of Rezoning Ordinance
R08-04 is incorporated into these minutes as addendum pages.
8c.
Public Hearing: Annexation
Petition A08-02, Ransdell Heirs Property –
Mr. Zawadsky
said the Town has received a petition for
voluntary annexation of approximately 145.91 +/-acres located along G.B. Alford
Highwy, north of New Hill Road. The
petition meets all the statutory requirements for annexation.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded: None.
There being no comments, the public hearing was closed.
Action: The
Council approved a motion to adopt Annexation Ordinance A08-02 annexing approximately 145.91 +/- acres
owned by the heirs of N.F. Ransdell, and more particularly described as Wake
County PIN: 0649.02-67-1163, into the corporate limits of the Town of
Motion By: Womble
Second By: Sack
Vote: Unanimous.
A copy of Annexation
Ordinance A08-02 is incorporated into these minutes as addendum pages.
At this time,
8d.
Public Hearing: Annexation
Petition A08-03, Sasser Property – Mr. Jones said that
in efforts to fill in dougnut holes within its city limits, the Town has
received a petition for voluntary annexation of approximately .24 +/-acres
located at 401 Kingsport Road. The
petition meets all the statutory requirements for annexation.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded:
There being no comments, the public hearing was closed.
Action: The
Council approved a motion to adopt Annexation Ordinance A08-03 annexing approximately .24 +/- acres
owned by Travis P. & Joy S. Sasser, and more particularly described as a
portion of Wake County PIN: 0659.02-55-2689, into the corporate limits of the
Town of
Motion By: DeBenedetto
Second By: Womble
Vote: Unanimous.
A copy of Annexation
Ordinance A08-03 is incorporated into these minutes as addendum pages.
8e.
Public Hearing: Green
He said following the public
hearing, the Council is asked to adopt Resolution 08-17, which states that the
Town Council has determined certain findings of fact, including that
installment financing is more desirable than other types of financing. The resolution also authorizes the filing of the
LGC application.
Mr. Holland said upon this
authorization, the Town Council also is asked to consider financing terms
proposed by
He said in addition, staff is
requesting that Council adopt a reimbursement resolution in case the Town
expends funds on the project before installment financing is received. The resolution allows the town to reimburse
itself from installment proceeds once they are received.
Councilman Womble asked if any other
banks were contacted.
Mr. Holland said that RBC Bank
financed the other two portions of this project, and the understanding was that
RBC Bank would also provide the third loan in this process.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded: None.
There being no comments, the public hearing was closed.
Action #1: The Council approved a motion to adopt Resolution
08-17 making findings of fact and authorizing application to the Local
Government Commission.
Motion By: Sack
Second By: Dickson
Vote: Unanimous.
A copy of Resolution R-17 is incorporated into these minutes as addendum
pages.
Action #2: The Council approved a motion to adopt Resolution
08-18 approving financing terms with
Motion By: Sack
Second By: Womble
Vote: Unanimous.
A copy of Resolution 08-18 is incorporated into these minutes as
addendum pages.
Action #3: The Council approved a motion to adopt Resolution
08-19 authorizing reimbursement to the Town of any funds expended on the
project prior to the town’s receiving loan proceeds.
Motion By: Sack
Second By: Dickson
Vote: Unanimous.
A copy of Resolution 08-19 is incorporated into these minutes as
addendum pages.
8f.
Public Hearing: Bass Lake Outfall
and Holly Springs Business Park Pump Station – Mr. Holland said this item is
similar as the previous that in order to borrow funds for the construction of
the Bass Lake Outfall and the Holly Springs Business Park pump station, the
Town of Holly Springs must first obtain approval from the Local Government
Commission. A step in that application
process is to hold a public hearing to receive comments from citizens on the
question of whether or not the town should seek installment financing (as
opposed to other financing).
He said following the public
hearing, the Council is asked to adopt Resolution 08-20, which states that the Town
Council has determined certain findings of fact, including that installment
financing is more desirable than other types of financing. The resolution also authorizes the filing of
the LGC application.
Mr. Holland said upon this
authorization, the Town Council also is asked to consider financing terms
proposed by
Mr. Holland said in addition, staff
is requesting that Council adopt a reimbursement resolution in case the Town
expends funds on the project before installment financing is received. The resolution allows the town to reimburse
itself from installment proceeds once they are received.
Councilman DeBenedetto asked what the rate would be if the
Town were to use general obligation bonds.
Mr. Holland said he was not sure what the current GO rates
were, and this project amount probably would be cost-prohibitive to use GO
bonds. Additionally, he said, the
projects would have to be pushed back in their schedules by a full year in
order to fulfill all the requirements of doing a bond referendum.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded:
David Hathaway,
There being no further comments, the public hearing was
closed.
Action
#1: The Council approved a
motion to adopt
Resolution 08-20 making findings of fact and authorizing application to the
Local Government Commission.
Motion By: Womble
Second By: DeBenedetto
Vote: Unanimous.
A copy of Resolution
R-20 is incorporated into these minutes as addendum pages.
Action #2: The
Council approved a motion to adopt Resolution 08-21 approving
financing terms with
Motion By: Womble
Second By: Dickson
Vote: Unanimous.
A copy of Resolution
08-21 is incorporated into these minutes as addendum pages.
Action #3: The
Council approved a motion to adopt Resolution 08-22 authorizing reimbursement to the Town of any
funds expended on the project prior to the town’s receiving loan proceeds.
Motion By: Womble
Second By: DeBenedetto
Vote: Unanimous.
A copy of Resolution
08-22 is incorporated into these minutes as addendum pages.
8g.
Public Hearing: Community
Development Building Grant (CDBG) Project –
Mr. Weeks
said the Town is completed with the rehabilitation of Ms. Laura Utley’s house
located at
He said this public hearing is
required by the Division of Community Assistance in order to properly close-out
the grant.
Councilman Womble asked how much
funding was provided for the project from grant funds. Mr. Weeks said $79,000.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded: None.
There being no comments, the public hearing was closed.
Action: None.
9.
Consent Agenda: The Council approved a motion to
approve all remaining items on the Consent Agenda. The motion carried following a motion by
9a
Minutes –
The Council approved minutes of
the Council’s regular meeting held on
9b.
Resolution 08-23 –
The Council adopted Resolution 08-23 authorizing an exchange of real
property. A
copy of the Resolution 08-23 is
incorporated into these minutes as an addendum page.
9c.127
9d.
Resolution 08-24 –
The Council adopted Resolution 08-24 directing
the town clerk to investigate the sufficiency of annexation petition A08-06 and
setting a public hearing for
9e.
Reclaimed Water System EPA Grant
– The Council ratified the Town’s
acceptance of $750,000 in EPA grant funding for the town’s reclaimed water
system.
9f.
Budget Amendment – The
Council adopted an amendment to the FY 2007-08 budget in the amount of $6,750
for the rain barrel program. A copy
of the budget amendment is incorporated into these minutes as an addendum page.
9g.
Resurfacing Project Report – The Council received a report of the
town’s pavement resurfacing projects.
9h.
Stonemont Subdivision IRA – The Council entered into an infrastructure
reimbursement agreement with the developers of Stonemont Subdivision with terms
set out on
9i.
9j. Budget Amendment, $15,000 –
The Council adopted an amendment to the FY 2007-08 budget in the amount of
$15,000 for the repair of a fire truck. A copy of budget amendment is incorporated
into these minutes as an addendum page.
9k. Budget Amendment, $1,490
– The Council adopted an amendment to the FY 2007-08 budget in the amount of
$1,490 to cover costs associated with equipment replacement. A copy
of the budget amendment is incorporated into these minutes as an addendum page.
9l. Budget amendment, $75,400
– The Council adopted an amendment to the FY 2007-08 budget in the amount of $75,400
for the
9m. Audit Contract
– The Council removed this item from the Consent Agenda for discussion during
agenda adjustment.
9n. Green Oaks Parkway Street Lighting – The
Council approved the lighting plan and one-time charge of $13,795.82 and the
monthly reoccurring charge of $1,627.30 to Progress Energy for street lighting
on Green Oaks Parkway.
9o.
9m. Town’s FY 2007-08 Audit Contract
– Councilman DeBenedetto had asked if this item could be removed from the
Consent Agenda. He said he would like to
delay action so that the Town could issue requests for proposals. He said he wanted a member of the Council to
be on a selection committee.
He
said he did not have any problems with the subject auditing firm.
Mr.
Holland explained that the Town does do an RFP when selecting a firm to do
financial auditing services. He said
this contract would be the fourth year of a four-year agreement and that the
Town is preparing to do an RFP in January for the next four-year period.
Councilman
Dickson noted that it is good business management to retain a financial auditor
for multiple-year terms for the continuity that a single firm would offer.
Councilman DeBenedetto asked if the Town’s
contract originally was with Duke and Abbott and now Abbott is out on his own, would
the contract continue.
Mr.
Schifano said the contract is a professional services agreement with a
professional, and it is the same professional.
Partnership changes would not be material to the bidding process or to
the RFP process.
Action: The
Council approved a motion to enter into a contract with Christopher K.
Abbott, CPA, P.A. in an amount not to exceed $26,500 for auditing services of
the town’s FY 2007-08 finances.
Motion By: Mayor Sears
Second By: Dickson
Vote: Unanimous.
A copy of the Christopher K. Abbot, CPA, P.A. contract is incorporated
into these minutes as addendum pages.
10a. Green Oaks Business Center Elevations,
07-DP-14-A01 – Ms. Huffman said on
She
said the building proposed in September was brick on the front and the two
sides, and the rear of the building was of metal panels. There was concern
about the rear elevations’ lack of masonry and the visibility from
She
said the applicant has revised the elevations to address those concerns. The
applicant is proposing no metal on the rear of the structure, but masonry
brick, and stucco. A waiver is being requested since Section 4.05 B. 2. c. (1)
of the UDO requires the structure to provide 60% masonry material on all four
sides of the building. The wavier requested is for the rear of the building
allowing for approximately 40% masonry instead of the required 60%.
Ms.
Huffman said the applicant’s position is that the total percentage masonry
required is 240% masonry (4 sides at 60%).
The proposed masonry on the larger building being provided is 237%, only
3% short of meeting the UDO requirement.
The smaller building on the north of the parcel is providing 234%
masonry material, only 6% short of meeting the UDO requirement.
Mike Discala,
Councilman Sack and Mayor Sears
asked if EFIS would be reconsidered as a masonry material in the UDO. Ms. Clapp said it would be included in a
review of the UDO.
Action #1:
The Council approved a motion that it made and accepted the findings of
fact necessary to grant a waiver of UDO Section 4.05, B. 2., Building
Materials, Colors, Textures, Architecture and Façade Modulation for Petition
#07-DP-14-A01 for Green Oaks Business Center.
Motion By:
Sack
Second By:
Dickson
Vote:
Unanimous.
Action #2: The Council approved a motion to approve elevations
with a waiver of regulations of UDO Section 4.05, B. 2. Building Materials,
Colors, Textures, Architecture and Façade Modulation for Petition #07-DP-14-A01
for
1.
All
previous conditions of plan approval associated with Green Oaks Business Center
Development Plan (07-DP-14) shall still apply.
Motion By: Sack
Second By: Dickson
Vote: Unanimous.
11a.
She
said the Town Council recently approved an amendment to this same agreement to
further oversize some of the gravity lines to serve a new upstream development;
monies for this amendment are to be reimbursed to the Town by the upstream
developer.
She said this request is for the
Council to consider an amendment to the agreement to provide additional
participation in the project including development fee credits in the amount of
$125,250 and cash contribution in the amount of $125,250. This participation is to reimburse for
additional expenses of outfall construction as described in the “Forest Springs
Infrastructure Agreement (Developer Agreement) Modification Request” dated “
Action: The Council approved a motion to approve
amendments to the Forest Springs infrastructure reimbursement agreement to provide
additional participation to include development fee credits in the amount of
$125,250 and cash contribution in the amount of $125,250.
Motion By:
Womble
Second By: DeBenedetto
Vote:
Unanimous.
A
copy of the Forest
Springs infrastructure reimbursement agreement amendment is incorporated into
these minutes as addendum pages.
Ms. Stephenson explained that the
scope of the work includes:
Contract 1 Distribution System
– Construction of 9,500 feet of reclaimed water main, duplex pumping station.
Contract 2 Elevated Tank -- Construction
of a 500,000 gallon elevated water storage tank, including site work.
She said Contract 2 was broken into
a base bid with a spheroid tank style and an alternate bid with a composite
tank style. These two styles were chosen because they both provide and enclosed
base and tower, providing an area to house piping, flow meter, control valves,
and electrical gear. All ladders are inside the locked structure, providing a
secondary barrier to unauthorized access to the tank, she added.
a. Spheroid Style - all welded steel fabrication
(bowl and tower), with a narrow tower curving out into a bowl structure.
b. Composite Style - a welded steel bowl, which
is supported by a cast-in-place concrete tower (similar to the
Ms. Stephenson said maintenance cost
on the two styles was priced, and according to the tank maintenance contractor,
the difference would be negligible.
Mr. Dean said, from a maintenance
standpoint, he would recommend the composite tank style.
Councilman DeBenedetto asked who
would benefit from the distribution system.
Ms. Stephenson said to get the project
off the ground, the Town sought a large end-user, and the developers of 12 Oaks
subdivision and golf course agreed to participate. Eventually, she added, reclaimed water would
be available to more and more customers as the system is enhanced and expanded.
Councilman DeBenedetto asked if
reclaimed water would qualify for funding through the Town’s remaining
authorized water bonding capacity.
Mr. Holland said he had asked the
Local Government Commission, which said the Town’s bond counsel would determine
the eligibility. Mr. Holland added that
the Town’s bond counsel had said the project would qualify.
Action #1: The Council approved a motion to award
Contract 1 for the construction of the distribution system to low bidder T.A.
Loving in a contract amount of $1,228,300 plus a 10% contingency of $122,830
for a total project of $1,351,200 (rounded to the highest $100), subject to
review of Division of Water Quality Construction Grants & Loans Section,
the U.S. Environmental Protection Agency, and the Local Government Commission.
Motion By:
Dickson
Second
By: Womble
Vote: Unanimous.
Action #2: The Council approved a motion to select
the Composite tank style for the Town’s overhead storage of reclaimed water.
Motion By:
Dickson
Second
By: Sack
Vote: Unanimous.
Action #3: The Council approved a motion to award
Contract 2 for construction of the composite overhead storage tank to low
bidder Caldwell Tanks in a contract amount of $1,392,901 plus a 10% contingency
of $139,291 for a total project of $1,532,200 (rounded to the highest $100),
contingent and subject to review of the Division of Water Quality Construction
Grants & Loans Section, the U.S. Environmental Protection Agency, and the
Local Government Commission.
Motion By:
Dickson
Second
By: Sack
Vote: Unanimous.
11c. Green Oaks Parkway Construction –
Ms. Stephenson said Kimley Horn & Associates has completed a design for the
4-lane Green Oaks Parkway, from the Bypass to
She
said a pre-bid meeting was held on March 27, at which contractors were
permitted to ask questions in a public forum.
Ms.
Stephenson said the scope of the work includes clearing, grading, paving, curb and
gutter, storm drainage, and erosion control for 1.5 miles of roadway widening.
She
said the apparent low bidder is Triangle Grading & Paving. The next apparent low bidder is Barnhill
Contracting.
Action: The Council approved a motion to award
construction contract for Green Oaks Parkway to Triangle Grading & Paving in
the amount of $4,783,600 contingent upon MBWE requirements set forth by NCDOT,
and Local Government Commission (LGC) approval of the financing for this
project.
Motion By:
Womble
Second By: Sack
Vote:
Unanimous.
11d. Green Oaks Parkway Slope Project –
Ms. Sudano said in order to meet the schedule needed by Novartis for permanent
power, the Town must accelerate construction of a fill slope that would have
been constructed in the Green Oaks Parkway four- lane widening project. This work must be completed by May 31.
She
said the contractor on site constructing the GOP two-lane project is in the
best position to complete this work, as he completes the two-lane construction.
She
said the Town secured a quote for this work from the on-site contractor Fowler
Contracting in the (maximum) amount of $154,279.65. Approval of this proposal is requested so
that Fowler Contracting can undertake this work and complete it by
Ms.
Sudano said a specific condition will be added to the proposal that requires
the work to be done by this date.
Action: The Council approved a motion to approve
a contract with Fowler Contracting in an amount not to exceed $154,279.65 for
construction of a fill slope on Green Oaks Parkway by
Motion By:
Dickson
Second By: Sack
Vote:
Unanimous.
A copy of Fowler Contracting contract is
incorporated into these minutes as addendum pages.
11e. Solid Waste Collection Bids –
Mr. Weeks said the Town’s solid waste services contract with Waste Industries
expires
Mr.
Weeks said the Town solicited bids for four different scenarios –
vendor-supplied bins for three years (Bid A) and five years (Bid B) and
Town-supplied bins for three years (Bid C) and five years (Bid D.)
He
said an advertisement was published in the News & Observer notifying
potential solid waste companies in March.
In addition to this, staff sent the RFP directly to four large companies
in the area who are known to frequently bid on solid waste contracts (Waste
Management, Waste Industries, Republic Services and Allied Waste.)
The
bid opening date was April 18 at
Mr.
Weeks said with a better knowledge of what the bids should come in at and
realizing that the Town would receive more favorable bids with the
longer-termed contracts, staff decided to reject all initial bids and request
that interested parties resubmit following different guidelines on Thursday,
April 24 at 2 p.m.
In
doing so, Mr. Weeks said, we have been able to provide our citizens with
exceptional service at a lower rate. We
shared all initial bids received with all parties so everyone was on the same
page, he added.
Mr.
Weeks explained that for the second RFP, staff asked for bids on: vendor-supplied bins for five years (Bid A) and seven
years (Bid B) and Town-supplied bins for five years (Bid C) and seven
years (Bid D).
He
said two bidders resubmitted at the second bid opening – Waste Industries and
Republic Services.
He
said this time, Waste Industries came in as the low bidder at (A) $11.48, (B)
$11.32, (C) $9.77 and (D) $9.63.
He
said the town has computed the numbers on what it would cost the Town to
purchase its own containers (i.e. Town-supplied bins scenario,) and this option
is not as cost-effective as allowing the contractor to keep doing so. This is especially true when you take into
consideration the costs associated with purchasing 8,000 garbage bins for
existing homes; 8,000 recycling bins for existing homes; supplying bins to new
homes; dealing with damaged or stolen bins; and the opportunity costs of not
being able to use these monies on other projects, etc.
Therefore, Mr. Weeks said, staff is
recommending scenario B from above: vendor-supplied bins for the seven-year
option by Waste Industries.
Mr. Weeks said when compared to the Town’s current rate,
the monthly savings of Option B are $1.18 per household, or $13.50 currently
versus $12.32 beginning July 1. He added
that it is noteworthy that the savings of going with this option are also greater
than the potential rebate to
Mr. Weeks said staff recommends a seven-year contract
with vendor-supplied bins with Waste Industries.
Councilman
Dickson asked if there would be any financial benefit of retaining the
18-gallon box for recycling rather than switching to the larger 48-gallon roll-out
containers, which he said he feels are unwieldy.
Brent
Kirchoff, Waste Industries – Mr. Kirchoff said the larger recycling bins
are a growing trend, but that his company had anticipated that there may be
some level in retaining the 18-gallon boxes.
He said Waste Industries figures the difference in cost would be about
50 cents per household per month.
For
what it is worth, he said, the larger bins seem to be successful in increasing
recycling.
Councilman
Sack said he feels the Town has a policy and goal of increasing its recycling,
and the larger bins would be helpful in meeting that goal. He said he feels the bins, if nothing else,
would be easier for people to manage because they are roll-out containers, and
they have lids, which will reduce blow-away trash from littering the streets.
Councilman
DeBenedetto asked where the garbage was going.
Mr.
Kirchoff said the garbage collected in
Councilman
DeBenedetto asked if the Town were to enter the contract and also then join the
partnership, would the town get additional savings.
Mr.
Kirchoff said he did not know because he does not know what the county has
projected as the actual cost savings.
Mr.
Dean said the rate reduction represented in the bids is a sure thing for
As
discussion wrapped up, Councilman Dickson said he felt it would be worth the
extra 50-cent savings if people would compact the contents of their recycling
bins so that the Town could retain the 18-gallon containers.
Councilman
Sack said he maintains that the larger recycling bins would promote recycling
and that the Town should provide the larger bins.
Action: The Council approved a motion to award
a seven-year contract for the Town’s solid waste collection services to Waste
Industries, which will supply the bins, at a monthly rate for citizens of
$12.32 per month beginning
Motion By:
Sack
Second By: Womble
Vote:
Unanimous.
11f. Graham Woods Condemnation Resolution –
Mr. Schifano said the town is installing a traffic signal and temporary
sidewalk at the intersection of Cass Holt & Avent Ferry Roads. It is necessary to install poles on all four
sides of the property, including on the property of Graham Wood for the traffic
signals, as well as the sidewalk in the location. He said he is still in the process of
negotiation and may resolve this without litigation; however, the contractor
needs the ability to proceed and enter the property to make improvements.
Action: The Council approved a motion to adopt Resolution 08-25 authorizing
condemnation proceedings against Graham Wood to acquire easements for a traffic
signal and sidewalk.
Motion By:
Sack
Second By: Womble
Vote:
Unanimous.
A copy
of Resolution 08-25 is incorporated into these minutes as addendum pages.
11g. New Hill Place, 08-
He said the applicant has chosen to
follow the schematic master plan option and not include specific lot details
and internal circulation systems with this plan since much of the information
is undetermined at this time. This
information would be included with a more detailed subdivision plan as well as
other information such as specific lot lines, utility connections, and internal
access, which would be submitted to and reviewed by staff at a later date.
He said the final step for approval
requires a detailed development plan to be submitted for each phase, to include
pedestrian circulation, parking and building layout, landscaping, building
elevations, etc. The detailed
development plan follows the traditional process that includes review by staff,
Planning Board recommendation and Town Council consideration.
Cara Lacey, a planner with the John R.
McAdams Company – Ms. Lacey addressed the Council
with an extensive presentation highlighting her company’s analysis of the site
and its plans for a mixed-use integrated center. She said it would be a mix of residential and
commercial development with both pedestrian and vehicular connectivity that
would promote the village atmosphere desired by the town.
David George with Kite Realty Group
of
Mayor Sears asked how big of a
development was being planned. Mr.
George said 700,000 square feet of retail space is being planned.
Mike Hunter, W.W. Partners, the
development company -- Mr. Hunter addressed the Council
to report on what the controlled access committee of NCDOT has approved. He said the company originally had submitted
plans that included a super street design at the northernmost entrance to the
property, a new roadway to be built with access from
NCDOT’s controlled access committee,
however, are requiring a square interchange – or traditional “jug handle”
interchange – at the northernmost access, and super street design at New Hill
and Green Oaks Parkway, he said.
Action: The Council approved a motion to
approve Preliminary Plan #08-
1.
A
detailed preliminary plan must be reviewed and approved by Staff prior to the
first development plan submittal for each phase.
2.
The
following items are to be included with the first non-residential development
plan submittal:
a.
The
location and design of the open space required per UDO § 3.08,B.,7.
b.
Master Plan amendment that includes the following:
i.
Detailed architectural and site design guidelines
for the development.
ii.
Master Sign
Plan and sign waiver (waiver is optional).
3.
All
new traffic signals are required to be Decorative Monocurve Mast Arm signals
for this project.
4.
Green
5.
A
fee-in-lieu of upgrade will be required for this project for the downstream
oversized Twelve Oaks Pump Station, Force Main and Outfall.
6.
Reimbursement
of the cost of gravity sewer line upsizing through Forest Springs will be
required for this project as memorialized in a letter from the developer.
7.
This
project and all related development plans will be required to meet the new Town
of
8.
If
the downstream offsite sewer lines are not constructed at the time of first
construction drawing approval associated with this plan, the construction of those
lines will be the responsibility of the developer with this project
9.
The
following items are required with each development plan associated with this
Master Plan:
a.
An
Industrial Sewer Permit Short Form
b.
A
Grease Trap Form
c.
Update
the draft flood study update for the downstream Forest Springs Flood Study and
demonstrate that the development of each internal site will not raise
established flood levels.
d.
The
site plan must show that no building area is located within a BMP easement.
10. The following items are required
with the first development plan or construction drawing associated with this
Master Plan.
a.
A
11. The following items are required
with the first construction drawing submittal associated with this Master Plan:
a.
This
project is located in an area that is subject to the Town’s policy on flood
studies. It is located in a basin where the Town has an approved flood study
(Forest Springs) that will need to be updated to reflect this project and will
need to demonstrate that development of the site will not raise established
flood levels. Retention or detention may be required to accomplish this.
b.
NCDWQ
Stream determination
c.
Provide a draft PCN (for the site) with all
supporting documentation including but not limited to buffer determinations,
written concurrence of the location of jurisdictional features from the
applicable agencies and impacts to jurisdictional features.
12. The following items are required
prior to the 1st construction drawing approval of any development
plan or preliminary plan for this project.
a. All off site sewer easements for the
whole project must be recorded.
b. All environmental permits for the
entire project will be required.
c. Offsite right-of-way dedication will
be required to be recorded for required transportation improvement for the
whole project.
13. The following items are required
prior to the construction drawing approval for each phase:
a. An Environmental Development Permit will
be required
b. This project will be required to
meet the Town’s new TN requirements for stormwater and pay a stormwater
fee-in-lieu for any TN reduction requirements not met on the site. The Final Stormwater Management Plan must be
approved and stormwater fee-in-lieu paid.
14. The following items have not yet
been fully addressed due to difficulty of resolving transportation related
issues with NCDOT. The developer has
been working with NCDOT for over a year to resolve some of the issues, however
they are not resolved as of this date of staff report preparation. Therefore, condition of plan approval for
this plan is that the transportation improvement plan for this project must be
completed, including information below and go before the Town Council at a later
date for approval.
a. The Transportation Improvement Plan
will need to be updated to include the following information.
i.
Update
this plan sheet with approved TIA recommendations – include lane dimensions and
storage lengths for each intersection.
The following items still need to be addressed related to this report:
1.
Documentation
provided to the Town of
2.
Note
that the Town’s approval of the TIA and any associated required improvements
will be subject to change to be consistent with NCDOT’s approval
3.
Confirm
with NCDOT if any additional right-of-way width will be needed for
4.
Update
the TIA to analyze beyond the build out of the project (to a projected date of
2025) for
5.
The
access points shown on the TIA do not match the Master Plan. The TIA will need to be revised to match the
Master Plan if that is what is to be built including right-in/right-out
intersections.
ii.
Driveway
locations are not being approved with this plan. The driveway locations will need to be
included on the revised Transportation Improvement Plan and brought back to the
Town Council for approval.
b.
The
Town Council has approved the concept of superstreets at the retreat in
February with the requirement that the developer conduct a public information
meeting. This meeting must occur prior
to the Town Council meeting. It has been
scheduled for May 1st.
c.
All
NCDOT approvals including driveway access, superstreets, control of access
break, TIA, etc.
d.
A
e.
Provide
documentation from NCDOT as to who will maintain the new thoroughfare and
collector road (include a map), including maintenance of signals.
Motion By:
Sack
Second By: Dickson
Vote:
Unanimous.
Action:
The Council approved a motion to recuse Mayor Sears from discussion and
deliberation on this item due to his professional association with the
developer of Twelve Oaks Subdivision.
Motion By:
Dickson
Second By: Sack
Vote:
Unanimous.
Mayor
Pro Tem Sack presided over this portion of the meeting.
11h. Twelve Oaks Subdivision Flood Variance –
Ms. Keefer explained that this is a request for a variance to the Flood Damage
Prevention Ordinance to place fill in the 100-year floodplain on two
single-family residential lots located in the 12 Oaks Subdivision, Phase 1,
Ms.
Keefer explained that the Town of
She
added that, in addition to the Town ordinance requirements summarized in the
preceding paragraph, the following specific conditions of approval were made
for each development plan associated with these two lots. Bold notations specifically address the
request for these 2 lots.
·
PUD Amendment Approval: approved on
·
Preliminary Plan: approved on
·
Erosion Control Plan: approved on
·
Construction Drawings: approved on
o
Plat: 12 Oaks Phase 1, recorded on
·
As-built Flood Study: This document is currently in
still review; final approval pending the result of this variance
determination. Flood study review time
line has been included in the attachment.
Ms.
Keefer said that staff is recommending the following:
Staff
does not recommend approval of the variance to place fill in the floodplain in
12 Oaks Phase 1 lots 122 & 123 because
Ms.
Keefer then provided the Town Council with the applicant’s responses to the
findings of fact.
Tom Spaulding of Spaulding and
Norris, representing the applicants/owners of the lots – Mr.
Spaulding said the application was submitted two months ago, and since then he
and the applicants have been trying to figure out how there became two
different flood plain lines.
When the lots were designed, he
said, there were no FEMA flood areas in the area.
The original flood study established
a line, which is beyond the back property lines of the lots. Then they had to do an as-built flood study,
and the line moved from the original to the new location, making the lots
unusable. He said he was at a loss as to
how the line changed.
He said that if the builder is going
to put custom homes with side-loaded garages on these lots, the house has to be
pushed back on the lot.
He added that a theory is that golf
course construction pulled fill from these lots. He
said he understands he has to follow the rules, but no one would have thought
that construction of the golf course and streets would affect the floodplain
line on these lots.
He also said he feels the intent of
the ordinance is “flood damage prevention” with objectives to minimize damage
and threats to public and private property.
He said he feels like there is nothing upstream or downstream from these
lots except golf course. He asked the
Council to not to let the ordinance get in the way of a good product.
Tom McKay
– Mr. McKay, representing the developer of 12 Oaks, addressed the Council
saying that he is one of few people who have seen the property before and after
the flood studies, and he suspects the floodplain actually lies somewhere in
the middle of the two lines. He asked
that the Council consider the original flood line.
He said the owner of the lot could
live with the conditions that would go along with it if the council were to do
so.
Mr. McKay pointed out that the
Town’s rules were written to avoid flooding of homes built where they should not
be. He said this would not be the case
with these lots. He said the builder
bought the lot thinking that the far line was the actual line.
He added that the developer
developed and sold the lots thinking the line was to the rear of the
property. Now that it appears the line
has changed, based on flood studies conducted after improvements, the only damage
that could result downstream from flooding of the lot would be the developer,
who owns the golf course.
Randy Smith,
Jason Galearno, lot owner – Mr. Galearno addressed the Council and said he
would not be able to build the type of house that is designed for this area of
the subdivision if he is restricted by the new floodplain line. He added that he agreed that no properties
downstream would be adversely affected by fill’s being placed in the floodplain
on these two lots.
Action:
The Council approved a motion to table action on this request until the
June 17 meeting to give the petitioners time to present alternative lot layouts.
Motion By:
Womble
Second By:
Dickson
Vote: Unanimous
Action: The Council approved a motion to readmit Mayor
Sears into the meeting.
Motion By: DeBenedetto
Second By: Dickson
Vote:
Unanimous.
12.
Other Business:
Councilman Sack reiterated his
earlier support for keeping the project from being tabled until 2032 due to
lack of funding.
Councilman DeBenedetto said his
position had not changed and he is still opposed to the use of tolls to fund
the construction.
Councilman Dickson said he was still
against the imposition of tolls to pay for the roadway.
Action: The Council approved a motion to rescind Resolution
08-04 dated
Motion
by: Mayor Sears
Second
by: Sack
Vote: The motion carried following a 3-2 vote. Councilmen Womble and Sack voted for the
motion. Councilmen DeBenedetto and
Dickson voted against. Mayor Sears broke
the 2-2 tie by voting for the motion.
A
copy of Resolution 08-26 is incorporated into these minutes as an addendum
page.
13.
Manager’s Report: None.
14. Closed Session:
The Council approved a motion to enter into Closed Session, pursuant to
G.S. 143-318.11(a)(3) to discuss potential settlement
amounts for pending property acquisition via potential condemnation proceedings
against Graham Wood and owners involved in the
Motion By: Dickson
Second
By: Sack
Vote: Unanimous
General Account of Closed Session –
In Closed Session, the Town Council
provided direction to the Town Attorney as to how to proceed, setting limits of
compensation for property acquisitions for a traffic signal and temporary
sidewalk at
--
End General Account
15.
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.