Regular Meeting
May 20, 2008
The
Staff Members Present:
2 and 3.
The Pledge of Allegiance was recited, and the meeting opened with an
invocation by Rev. Billy Guess, 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 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:
Jack Knott,
He asked
6a.
Public Hearings: Comprehensive
Plan Amendment 08-CPA-02 – Ms. Huffman said the subject properties are located at the corner of
Raleigh and Earp Streets at 133 and
She said the current zoning of the
property is R-15: Residential. The applicant also is requesting a zone map
change for these two parcels to R-8: Residential. The parcels to the west and
south are zoned LB: Local Business (commercial), and parcels to the north and
east are zoned R-15: Residential (single-family.)
She said changing the land use
designation on these two parcels would leave the ability for there to be a
higher-density residential land designation to provide a buffer between the
commercial properties and the residential property.
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 approve
Vision Holly Springs Comprehensive Plan Amendment 08-CPA-01 to change the
future land use designation of Wake County PINs 0659-02-0751 and 0659-02-0890 (133
and 141 Raleigh Street totaling ±0.89 acres) within the Village
District Area Plan from an Attached Residential designation to a Mixed
Residential one as submitted by Wayne Mauldin with Mauldin Watkins Surveying.
Motion By: DeBenedetto
Second By:
Dickson
Vote:
Unanimous.
6b.
Public Hearing: Zoning Map Change
Petition 08-REZ-02
– Ms. Huffman said the subject properties are located at the corner of Raleigh
and Earp Streets at 133 and
She said the parcels to the west and
south are zoned LB: Local Business (commercial), and parcels to the north and
east are zoned R-15: Residential (single-family.)
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded:
Wayne Mauldin, Mauldin-Watkins Surveying -- Mr. Wauldin, the applicant,
spoke in favor of the rezoning. He said
the property owner would like to erect 3 to 4 shotgun houses on the lots under
the new zoning.
There being no input, 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-15:
Residential to R-8: Residential is consistent with the Vision Holly Springs
Comprehensive Plan since the Village District Area Plan Map indicates this
property as Mixed Residential and the R-8: Residential District allows a higher
density.”
Motion By: Dickson
Second By:
DeBenedetto
Vote:
Unanimous.
Action #2:
The Council approved a motion to adopt rezoning ordinance R08-05 to
approve Zone Map Change Petition #08-REZ-02 to change the zoning of ±0.89
acres of Wake County
Motion By: Dickson
Second By:
Sack
Vote:
Unanimous.
A copy of Rezoning Ordinance R08-05 is
incorporated into these minutes as an addendum page.
6c.
Public Hearing: Annexation
Petition A08-06, Holly Springs Shopping Center, LLC – Ms. Clapp said
the Town has received a petition for voluntary annexation of approximately 9.89
acres located along GB Alford Hwy (Hwy 55 Bypass right-of-way) and Old Holly
Springs/Apex 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 input, the public hearing was closed.
Action: The Council approved a motion to
adopt Ordinance A08-06 annexing approximately 9.89 acres owned by
Motion By: Womble
Second By:
Sack
Vote:
Unanimous.
A copy of Annexation Ordinance
A08-06 is incorporated into these minutes as addendum pages.
7.
Consent Agenda: The Council approved all items
on the Consent Agenda following a motion by Councilman
Dickson, a second by
7a. Minutes - The Council approved the minutes of the Council’s regular meeting held on
7b. Budget Report – The Council received a report of monthly amendments to the FY
2007-08 budget approved by the town manager. A copy of the budget amendment report is
incorporated into these minutes as addendum pages.
7c.
7d. Set FY 2008-09 Budget Public
Hearing - The Council set a public hearing on the proposed FY
2008-09 budget for
7e.
Resolution 08-27 – The Council adopted Resolution 08-27 giving
permission for the relocation of the
7g.
Budget Amendment, $23,100 – The Council adopted an amendment to the
FY 2007-08 budget in the amount of $23,100 for professional services related to
the
7h.
Pump Station Study Contract – The Council authorized a contract with
Diehl and Phillips in an amount not to exceed $85,000 to perform a pump station
study. A copy of the Diehl and
Phillips contract is incorporated into these minutes as addendum pages.
7i.
8a.
She said the scope of work includes
taking the
She
said bids were formally solicited, a pre-bid conference was held, and bids were
opened on
Action: The
Council approved a motion to adopt an amendment to the
Motion
By: Dickson
Second
By: Womble
Vote:
Unanimous.
A
copy of the
budget amendment is incorporated into these minutes as addendum pages.and
Fechko contract is filed in the town clerk’s and engineering departments.
8b.
She said the project was formally
advertised, a pre-bid meeting was held, and bids were opened on
Ms. Stephenson said the scope of
work includes 8,000 feet of force main; 3,000 feet of gravity interceptor;
abandonment of the Warp Tech pump station; construction of the new pump station
further downstream; and a 5,000-foot access road.
She said staff recommends award of
the contract to the lowest responsible bidder, Triangle Grading and Paving, in
the amount of $2,917,000, contingent upon Local Government Commission and EDA
approval.
Action: The
Motion By: Sack
Second
By: Dickson
Vote: Unanimous.
A copy of the budget
amendment and the Triangle Grading and Paving contract are incorporated into
these minutes as addendum pages.
8c.
Golden LEAF Grant Agreement Addendum
– Mr.
Schifano said as a result of the Novartis recruitment, the Town was awarded two
grants by Golden LEAF, a non-profit foundation that makes economic development
grants from a fund established by the tobacco lawsuit settlements. The original grants had some very vague
language requiring the town to make “adequate assurances” that the goals of the
grant would be met (creation of jobs and investment of taxable capital). The foundation has requested some much more
strict language with respect to what would happen in the event that Novartis
fails to meet its job creation and capital investment goals.
He said in this agreement, the town
would repay: 1) up to $98,667 ($2,666.67
per job not created) from the first grant ($800,000) for failure to reach 300
jobs created within five years of operation of the plant; 2) if the company
fails to reach 350 jobs, the Town would repay $3,591.95 for each job not
created, up to a maximum payment of $312,500; and 3) if the company fails to
invest more than $165 million in taxable investment, the Town would repay
Golden LEAF $.0076 for each dollar of taxable capital investment not made by
the company, up to a maximum payment of $125,000.
Councilman DeBenedetto asked if the
Town shouldn’t turn around and ask Novartis to agree to reimburse the Town if
the company were to default on the expectations.
Mr. Schifano explained that part of
the Golden LEAF grant came after the town inked an economic development
agreement with Novartis, and Mr. Schifano said he was not certain that the Town
would be successful in renegotiating that EDA.
He added that if Novartis does not meet the expectations and the town
has to pay the repayment obligation, then the Town still has all the
infrastructure provided by the grant money.
After figuring the math of the
situation, council members determined that the Town’s risk was approximately
$384,000, which would be repaid in two years with current property taxes.
Councilman Womble asked the town
manager if he felt confident about the changes to the agreement.
Mr. Dean said that he was confident
that Novartis would meet its obligations and that the Town would not likely
have to be faced with a repayment penalty.
Councilman DeBenedetto maintained
that he felt the Town should hold Novartis responsible for reimbursing the Town
in the case the company does not meet expectations.
Action: The
Motion By:
Sack
Second
By: Dickson
Vote: The motion carried following a 4-1 vote. Councilmen Womble, VanFossen, Sack and
Dickson voted for the motion. Councilman
DeBenedetto voted against..
A
copy of the Golden LEAF agreement is incorporated into these minutes as addendum
pages.
He
said while storm drains in recently constructed areas have cast markings, many
older neighborhoods are unmarked. These neighborhoods have been identified, and
unmarked storm drains located on Town right-of-way will have a metal marker
attached that reads, “No Dumping - Drains to Stream.”
He
said this program will provide awareness to avoid illicit discharges and
citizen groups with an opportunity to participate in a project that is designed
to increase awareness about the importance of water quality. Interested parties
will submit an application and receive a Storm Drain Marker Kit. The kit will
contain all of the necessary materials needed to mark the storm drains,
necessary safety equipment, and educational materials for distribution in the
vicinity of the activity.
Mr.
Colavito said before the kit is assigned, the applicant must attend a brief
meeting with Town staff to make certain that they fully understand the process,
safety provisions, and the educational requirements associated with the
program. The Police Department will be notified of the activity and location at
least 48 hours prior to the scheduled date of marking. The installation of the
markers will be checked by Town staff, after the kit is returned. This program
will aid in the implementation of the Town’s Illicit Discharge Detection and
Elimination Program by raising public awareness and decreasing the likelihood
that citizens will unknowingly make an illicit discharge into the storm
drainage system. The information
obtained from the mapping associated with this program will be entered into the
Town’s Stormwater Base Map.
Action: The
Motion By:
Womble
Second By: DeBenedetto
Vote:
Unanimous.
8e.
Rex-Healthcare Lease Agreement
- Mr. Bradley said staff has
approached Rex Healthcare regarding the potential use of a portion of its
property at Avent Ferry Road and G.B. Alford Highway for the Town to use as
athletic fields. The company has agreed
to allow the use of approximately seven acres under a license agreement with
the Town. The Town would be responsible
for all improvements to the property and would be allowed to clear an area for
parking.
He said the three-year license
agreement is similar to a lease except that it can be cancelled by either
party.
He said if the Council agrees to enter the license
agreement, the estimated costs for preparing the Rex property for soccer
programs is $40,000. These funds would cover the site preparation, grass
sprigging, chemicals, irrigation, access, parking and soccer goals for the
fields.
Mr. Bradley said these new fields
would accommodate between 100 and 150 participants at the same time, and would
increase the Town’s program capacities. Funding would be from Parks and
Recreation Reserves.
Action: The
Motion By:
Sack
Second
By: Womble
Vote: Unanimous.
A copy of the Rex Healthcare property
license agreement is incorporated into these minutes as addendum pages.
8f.
Fuquay-Varina Annexation - Mr. Dean said he and staff had met and suggest that the Town
Council consider several options. The first would be to work out an agreement
to eliminate the existing annexation boundary line, but restrict annexations to
only voluntary ones. This would provide the citizens in unincorporated
areas the choice as to which town, if any, they wish to live, and it would
allow both towns the opportunity to work with developers on projects in their
respective areas. It also would protect
Fuquay-Varina from being “over run” by
He said this proposal would have to
be mutually agreed upon by both towns, but would eliminate the argument
Fuquay-Varina has claimed that it is pursuing its forced annexation of property
before
Mr. Dean said the town attorney is
working on a resolution to this end for the Council’s consideration.
Mr. Dean said a second option would
be for staff to develop an alternate line for consideration between the
towns. He said he feels, at this time, that the first option would be
best for all concerned, including those who live in the unincorporated areas
between Fuquay-Varina and
Mr.
Dean said he would not recommend that the Town of
In discussion, the Council was
supportive of both options; however, consensus was that the Town of Holly
Springs should meet with Fuquay-Varina officials to see what options
Fuquay-Varina would find amendable.
Council agreed to present Option #1, an annexation line in a modified
form that would prohibit involuntary annexations on either side of the line and
allow flexibility for property owners on either side of the line for voluntary
annexations.
Action: The
Motion By:
DeBenedetto
Second
By: Dickson
Vote: Unanimous.
9.
Other Business: Councilman Womble asked if the
Town could have a 4th of July celebration. Mr. Bradley said one is being planned for
Saturday, July 5.
10.
Manager’s Report: Mr. Dean reminded the Council of
the budget workshop, and he advised the Council that
11.
Closed Session: None.
12.
Adjournment: There being no further business for
the evening, the
Respectfully
Submitted on
_________________________________
Addendum pages as referenced in these
minutes follow and are a part of the official record.