Regular Meeting
June 17, 2008
MINUTES
The
Staff Members Present:
2 and 3.
The Pledge of Allegiance was recited, and the meeting opened with an
invocation by Rev. Otis Byrd, pastor of First Baptist Church of
4.
Agenda Adjustment: The
Motion
By: Sack
Second
By: DeBenedetto
Vote: Unanimous
Items
Added to the Agenda: Under New Business, Item 9g., ratification of
finance resolutions amended since adoption on May 6; and Item 9h., award of
civic organization grants.
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:
Van Crandall,
6a. Flag Presentation – Raymon and Eman Sundquist, who
live on
Mr. Sundquist presented the flag to
the Town Council and the citizens of
Action: None.
6b.
Certified Site Update – Ms. Krstanovic addressed the Council to report that Wake
County had approved the town’s application for a Certified Site for the
131-acre Friendship Road property. There
are only two Certified Sites in
She said the Certified Site designation basically raises
She described the benefits of the Certified Site
designation, and she provided an illustration of a proposed site layout and a
concept plan for the property.
Ms. Krstanovic introduced Ms.
D’Antoni, who produced an in-house brochure featuring the
Action: None.
7a.
Public Hearing: Annexation
Petition A08-05, Adams Tracts A & B, Coley, Lorenzen and Vaughan Properties
– Mr. Jones said the Town has received a petition for voluntary
annexation of approximately 196.72 acres
located along NC Hwy 55 Bypass. The
petition meets all the statutory requirements for annexation.
Mr. Jones said that the
applicant is requesting that the Council defer action on the annexation
petition until the
That explanation completed, Mayor Sears
opened the public hearing. The following
comments were recorded: None.
There being no input, the public hearing was closed.
Action: The
Council approved a motion to defer action on Annexation Ordinance A08-05, Adams Tracts A & B, Coley,
Lorenzen and
Motion: Womble
Second: DeBenedetto
Vote: Unanimous
7b.
Public Hearing: Zoning Map Change
08-REZ-03 - Mr.
Jones said the town has received a petition requesting that the Town rezone
approximately 53.365 acres along
He explained the public hearing for
this petition originally was opened on
He said the proposed zone map change is
located within the Southern Gateway Plan and is designated as a
Mr. Jones said this area would be
defined with a mix of higher-density residential and commercial centers. Uses in this area should provide walkability
to adjacent uses and should be of a higher architectural standard than that of
a normal commercial use to set the tone of the village-like character that the
Town is striving to create.
Mr. Jones said that the applicant is
requesting that the Council defer action on the zoning map change until the
Councilman Dickson asked what types of uses
would be allowed in a CB zoning district.
Mr. Jones said large retail “big-box” uses, restaurants, businesses with
some outdoor sales and businesses that are best located on major transportation
routes to facilitate traffic and to have limited curb cuts are allowed in the
CB zoning district.
That explanation completed, Mayor Sears reopened
the
David Adams,
Fred Honeycutt,
There being no further input, the public hearing was closed.
Action : The
Council approved a
motion to defer action on Zone
Map Change Petition #08-REZ-03 until
Motion: Sack
Second: Womble
Vote:
Unanimous
7c. Public Hearing: Zoning Map Change Petition 08-REZ-05 - Mr. Jones said the applicant proposes to
rezone approximately 25.11 acres from R-30: Residential to LB: Local Business
at the corner of
He said the
Land Use Plan for the Southern Gateway Plan component of Vision
Mr. Jones said the zoning
designation of R-30 represents a residential zoning that anticipates a more
rural type of development as this is the agricultural and larger lot single
family development zoning designation.
He said the
proposed LB: Local Business designation would allow for office and commercial
development that would compliment the current and planned commercial and
residential uses in the area.
Mr. Jones said the intent of the LB
Districts are established to promote a village-oriented, pedestrian-friendly
environment for the provision of a full range of convenience goods and
services, which are necessary to meet the daily needs of nearby residential
neighborhoods and to promote dwelling units located in the upper stories of
mixed-use buildings. Permitted uses within the LB Districts are regulated in
character to assure harmonious development
with the nearby residential districts served and are limited in size and scale
to promote pedestrian access.
He explained the development within
the LB zoning district would have to maintain at least a C-75 opaque perimeter
landscape yard between the commercial uses and residential uses.
He said this site also is located
within a gateway corridor and would be required to meet a higher architectural
standard.
That explanation completed, Mayor Sears
opened the public hearing. The following
comments were recorded:
Fred Honeycutt,
John Classen, 5208 Old Adams Road – Mr. Classen
resides in a neighboring subdivision and asked the Council to keep the nature
of his subdivision in mind when they consider specific development plans for
the site; and he also asked for 100 feet of opaque buffer on the north and east
sides.
Don Birt,
Bonnie Norris,
Douglas Witham,
Lori Witham,
There being no further input, the public hearing was closed.
Councilman Dickson asked what improvements would be required
with an LB zone.
Mr. Jones said sidewalks along
Mr. Jones added that there is a minimum buffer yard of 20
feet at the sides and rear with an opaque buffer.
Councilman DeBenedetto asked the petitioner if he wanted to
address some of the concerns expressed.
Jay Gilleece of Hugh J. Gilleece,
Councilman Sack noted that the stream running through the
property would be protected by
Councilman Womble asked about sidewalks on Hwy. 55.
Ms. Stephenson said there was sidewalk along Hwy. 55 at
Somerset Farm but NCDOT upgraded Hwy. 55 and removed the sidewalk and said it
was not safe to have sidewalk alongside a 55 mile per hour roadway.
Action #1: The
Council approved a
motion to accept the following statement as true: “The requested zone map change from R-30 to LB is consistent with
Motion: Dickson
Second: Sack
Vote:
Unanimous
Action #2: The
Council approved a
motion to adopt rezoning ordinance R08-07 to approve Zone Map Change Petition
#08-REZ-05 to change the zoning of 25.11 acres of Wake County PIN #0658-24-6285
from R-30: Residential to LB: Local Business as submitted by Jay Gilleece of Hugh J. Gilleece,
Motion: Dickson
Second: Womble
Vote:
Unanimous
A copy of Rezoning
Ordinance R08-07 is incorporated into these minutes as addendum pages.
7d. Public Hearing: Zoning Map Change Petition 08-REZ-06 – Mr. Jones said the Town has received
a request for rezoning, and that the applicant is requesting to rezone
approximately 38.37 acres of land located at the corners of Avent Ferry, South
Main Street and G. B. Alford Highway from R-20 and R-MF-8 to OR: Office
Research Development Conditional zoning.
The subject property of the proposed zone map change is located within
the Southern Gateway Plan and is designated as an Office/Professional use.
He said the
Office/Professional designation is intended to develop major community
employment centers, including major office complexes, corporate headquarters,
compatible office-type businesses, limited public and semi-public uses, and
research and development facilities which are in keeping in physical appearance
and service requirements to general office uses.
Developer
Commitments:
The applicant is proposing to place
certain conditions on the zone map change.
The applicant is proposing the following condition:
Mr. Jones
said the Land Use Plan for the Southern Gateway Plan component has this
property designated as Office/Professional designation,
which is intended to develop major community employment centers, including
major office complexes, corporate headquarters, compatible office-type
businesses, limited public and semi-public uses, and research and development
facilities which are in keeping in physical appearance and service requirements
to general office uses.
He said according to the Southern
Gateway Plan and the Parks and Recreation Master Plan, a greenway is located on
this property and follows along the old railroad bed location.
Mr. Jones said the Community Character
section of the Vision
Mr. Jones reported that the Planning
Board had reviewed the petition and recommends approval, following a
Councilman DeBenedetto asked why the
public was not notified of the Planning Board meeting.
Councilman Dickson explained that
notification of the public at the planning board stage is not a part of the
process because the role of the Planning Board is to look at plans from a
technical and ordinal aspect and to make recommendations to the Council from
that perspective and not a political one.
Councilman Sack agreed. He said it was not tenable to subject
volunteer citizens serving on a advisory board to the pressures of politics and
public opinion. He added, “That’s the
role of the Town Council.”
Notification to property owners is
provided prior to Town Council meetings.
Jason Baron, 4300 Lassister at North Hills
in Raleigh – Mr. Baron, representing the applicant, addressed the
Council. He said Rex Healthcare is
excited about developing the property.
Mr. Baron said the applicant was not aware
that the homes on the property held historical significance. One of the homes, he said, was taken down because
it was being looted, stripped of just about every fixture. What was left was an empty shell that was a
liabilty concern, so the applicant had no choice but to take down the remaining
structure. The other house is still
intact, and now the applicant is aware of the historic significance of it.
Councilman DeBenedetto asked what affect
the state’s denial of a Certificate of Need would have on the project.
A spokesman for Rex Healthcare addressed
the question, saying that Rex was denied the CON and has appealed the decision. Rex Healthcare, he said, continues to move
forward.
That explanation completed, Mayor Sears
opened the public hearing. The following
comments were recorded:
Claudia Bradley,
Sarah Engram, 101 W. Maple -- Ms. Engram wants to keep her house and
asked if the rezoning would affect her property. The Council assured Ms. Engram that the
rezoning of neighborhing property would have no impact on the ownership of her
own property.
There being no further 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-20 & R-MF-8 to OR-CU Conditional Use is
consistent with
Motion: Sack
Second: Dickson
Vote:
Unanimous
Action #2: The Council approved a motion to adopt rezoning ordinance
R08-08 to approve Zone Map Change Petition #08-REZ-06 to change the zoning of
38.37 acres of Wake County
Motion: Sack
Second: DeBenedetto
Vote:
Unanimous
A copy of Rezoning
Ordinance R08-08 is incorporated into these minutes as addendum pages.
7e.
Public Hearing: Zoning Map Change
Petition 08-REZ-07 - Mr. Zawadski said the Town has received a
request for a minor change to condition #2 on the Conditional Use Permit for
the Woodcreek Subdivision that was approved with a zone map change in 2005.
He said the original development
incentive development plan was approved with two sections that proposed lots
less than 10,000 square feet in 2005. In
2007, an amendment was submitted and approved to reduce the number of lots in
these sections, which resulted in some lots to exceed 10,000 square feet.
The current wording of Conditional
Use Permit condition #2 does not allow slab-on-grade construction on these
larger lots. The proposed revision to
condition #2 would allow the lots within the two sections that were designated
for smaller lots to construct with slabs on grade as the original approval and
meets the intent of the original zoning condition.
Mr. Zawadski said the
following are the current Conditional Use Permit restrictions:
1. The maximum
density shall be no greater than 2.9 dwelling units per acre.
2. No detached
single-family homes on lots greater than 10,000 sq. ft. shall have
slab-on-grade construction.
3. All townhomes will have brick and/or stone accents as
part of the front elevation.
He said the following are the
proposed Conditional Use Permit restrictions requested:
1. The maximum
density shall be no greater than 2.9 dwelling units per acre.
2. Tracts that have a
10,000 SF or greater minimum lot size requirement as defined by the Tract
Development Standards Table contained in the Woodcreek Development Plan shall
not have slab on grade construction.
3. All townhomes will have brick and/or stone accents as
part of the front elevation.
That explanation completed, Mayor Sears
opened the public hearing. 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 statement as true: “The
requested zone map change from R-10CU to R-10CU is consistent with the Vision
Holly Springs Comprehensive Growth Plan since the Future Land Use Plan Map
indicates this property as Residential and the R-10 Residential District allows
for development at a density up to 3.25 units/acre.”
Motion: DeBenedetto
Second: Womble
Vote:
Unanimous
Action #2: The
Council approved a motion
to adopt rezoning ordinance R08-09 to approve Zone Map Change Petition
#08-REZ-07 to change the zoning commitment #2 as specified on the Conditional
Use Permit of 430 acres of the following Wake County Pin(s) 0750417612,
750600589, 0750508275, 0659796073, 0659684343, 0659764945, 0659572495,
0659474367, 0659387309, 0659691666, 0750410180, 0750407615, 0659594810,
0659494392, 0659491842, 0659695461, 0659572994, 0659886813, 0659884797,
0659885648, 0659886623, 0659887620, 0659888504, 0659888411, 0659888300,
0659887199, 0659887091, 0659877992, 0659877883, 0659877785, 0659877686,
0659875699, 0659875700, 0659874720, 0659873740, 0659883291, 0659884281,
0659885290, 0659885352, 0659885460, 0659884497, 0659884522, 0659883578,
0659883616, 0659883043, 0659884022, 0659885012, 0659886001, 0659875899,
0659875809,0659874819 as requested by Josh Stone of Withers & Ravenel as
authorized by the property owners with the following commitments:
Motion: DeBenedetto
Second: Womble
Vote:
Unanimous
A copy of Rezoning
Ordinance R08-09 is incorporated into these minutes as addendum pages.
7f.
Public Hearing: Fuquay-Varina
Annexation Agreement - The towns of
The town managers and attorneys of
both Fuquay-Varina and
That explanation completed, Mayor Sears
opened the public hearing. The following
comments were recorded:
Kristine Padalino,
There being no further input, the public hearing was closed.
Action: The
Council approved a motion to adopt Ordinance 08-10 to enact and establish a new annexation
agreement line between
Motion: Sack
Second: DeBenedetto
Vote:
Unanimous
A
copy of Ordinance 08-10 is incorporated
into these minutes as addendum pages.
8.
Consent Agenda: The Council approved all items
on the Consent Agenda following a motion by Councilman
Dickson, a second by
8a. Minutes - The Council approved minutes
of the Council’s regular meeting held on
8b. 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.
8c.
8d. Flood Damage Prevention Ordinance Variance – The Council received
a report of a resolved Flood Damage Prevention Ordinance variance request.
8e. CDBG Resolution 08-30 – The
Council adopted Resolution 08-30 to close out the Community Development Block
Grant housing rehabilitation grant. A copy
of Resolution 08-30 is incorporated into these minutes as an addendum page.
8f.
8g.
Budget Amendment, $1,890 – The Council adopted an amendment to the
FY 2007-08 budget in the amount of $1,890 to receive insurance proceeds for
repair of fire/rescue vehicles. A copy of the Budget Amendment is incorporated
into these minutes as an addendum page.
8h. Budget Amendment, $250
– The Council adopted an amendment to the FY 2007-08 budget in the amount of
$250 to receive a donation from the Holly Springs General Federation of Women’s
Clubs for
8i.
Budget Amendment, $41,500 – The Council adopted an amendment to the
FY 2007-08 budget in the amount of $41,500 to move funds between departments to
cover end-of-year police department line items.
A copy of the Budget Amendment is
incorporated into these minutes as an addendum page.
8j.
Budget Amendment, $12,000 -
The Council adopted an amendment to the FY 2007-08 budget in the amount of
$12,000 to allocate funds to cover fuel costs for the water distribution
department. A copy of the Budget Amendment is incorporated into these minutes as an
addendum page.
8k. Budget Amendment, $75,000
– The Council adopted amendment to the FY 2007-08 budget in the amount of
$75,000 to move funds between departments to cover end-of-year solid waste
disposal expenditures. A copy of the Budget Amendment is incorporated
into these minutes as an addendum page.
8l.
Budget Amendment, $2,560 The
Council adopted amendment to the FY 2007-08 budget in the amount of $2,560 to
receive insurance proceeds for repair of WWTP vehicle. A copy
of the Budget Amendment is incorporated into these minutes as an addendum page.
9a. Fire Station No. 3
– Chief Parker said that due to expansion of the Holly
Springs town limits, the North Carolina Department of Insurance is requiring
that Holly Springs add a third fire station to service the Blalock property,
Progress Energy land (in our jurisdiction) and an as yet undeveloped portion of
the 12 Oaks subdivision in order to maintain the town’s current
Chief Parker said the lease of an
existing building in the subject area would provide a temporary facility in
newly-annexed undeveloped area.
Chief Parker explained that on May
6, the Dept. of Insurance began an inspection of the town’s fire protection
capabilities. The inspection results
determine a town’s fire insurance rating, and lower ratings mean lower
homeowner insurance costs for residents.
One problem the inspector
identified, Chief Parker reported, is that two parcels recently annexed into
the town do not lie within five road miles of a fire station. The inspector also noted that a portion of
undeveloped land that is included in the 12 Oaks subdivision – a section at the
farthest property line – also is not within five road miles of a fire station.
Chief Parker said the DOI inspector
agreed to not change the town’s insurance rating at this time, particularly
since the property is undeveloped; however, the inspector advised the Town that
while it will give the Town some time to address the issue, it will return soon
to continue with the rating process. If
the issue is not addressed by that time, the rating process would be based on
the absence of a fire station that is deemed necessary.
The result, Chief Parker,
anticipated, would be detrimental to homeowners, who may see their premiums as
much as quadruple.
Chief Parker said that once a new
fire station is established, even at minimum staffing and equipment levels, he
is confident that the town’s rating will be maintained or even reduced.
Mr. Dean said the town has three
options that would address the issue: the town could de-annex by act of the
General Assembly the properties that pose the problem; the town could contract
with another fire department to provide fire protection to these properties; or
the town could provide a new fire station.
Mr. Dean said that de-annexation of
the subject properties is not a real option for the Town. In the first place, an act of the General
Assembly to do so would not occur fast enough to protect the town’s fire
insurance rating; and in the second place, both of the undeveloped sites are
valuable to town as annexed properties.
One is a Certified Site for the recruitment of industry to provide jobs
and tax base. The other site is owned by
Progress Energy and provides the town with future access on US Hwy. 1. This piece also is prime for development.
Option 2, Mr. Dean said, was
considered, but it appears that the Town would have to have three separate
contracts with a neighboring department, one for each piece of property. Judging from similar existing fire protection
service contracts that exist in
Option 3, Mr. Dean concluded, seems
to be the best option for the town, particularly if the town provides a
temporary facility at as minimal a cost as possible until a permanent station
is built. Mr. Dean went on to explain that
the Town’s Capital Improvements Plan calls for funding of and construction of a
new fire station to serve this area in 2011.
He said a leased building with enough equipment and staff to satisfy the
DOI until then would be appropriate because the subject property is all
woodland.
Councilman DeBenedetto expressed
concern as to why this major project was coming up now when it was known about
before the budget was adopted. He said
he did not think it was good management to have such a major, unplanned expense
just as the new budget year was about to start.
Mr. Dean stressed that the town has
planned for a new fire station in this area for three years from now. He said he felt the town could make it
through until 2011 and provide a new station as properties out that way
developed. Now, he said, the town must
accelerate its efforts, and he feels a temporary station would satisfy DOI
rules without an excessive financial burden on the town. He said he accepts the responsibility that he
should have brought this issue to the Council’s attention earlier in the
process, but that other issues – such as the Fuquay-Varina annexation agreement
– demanded most of his time and attention, and he neglected to do so. He apologized, but added that his failure to
communicate in a more timely manner did not change the fact that the town needs
to protect the insurance rating for property owners.
Councilman DeBenedetto questioned
why the town did not recognize the need for a new fire station before the
subject properties were annexed.
Mr. Dean said the town was aware of
the possibility, but felt that because the properties are undeveloped woods,
that it would not affect the town’s insurance rating. Mr. Dean said from a logic standpoint, it
should not affect the town’s rating because there are no significant values of insured
improvements on the properties; however, the DOI rules do, in fact, apply to
undeveloped lands.
Councilman DeBenedetto was very
critical of the town for not handling the situation better.
Councilman Womble said he was not
happy that he learned about the fire station project after a resident asked him
about a sign that had been erected on the proposed leased site designating it
as “Holly Springs Fire Station No. 3.”
There ensued lengthy discussion
about the proposed 3-year lease of an existing residential structure in the
area, why the project had progressed to this point without Council knowledge
and how the project seems to be a major one that is coming up suddenly.
In the end, Mayor Sears called for a
vote on the question.
Action: The Council approved a motion to approve
to enter a three-year lease of residential property at
Motion
By: Sack
Second
By: Dickson
In discussion, Councilman
DeBenedetto expressed discomfort at taking action while he still had questions
about other options. He asked if the
motion could be amended to postpone the decision until the next Council meeting. He said he wanted a more firm estimate of
costs. He offered an amended motion.
Amended
Motion: The Council considered a
motion to postpone action on the question until July 1. Councilman Sack asked if the motion could be
amended to postpone until July 15 since he would be absent at the July 1
meeting. Councilman DeBenedetto changed
his motion to July 15.
Motion
By: DeBenedetto
Second
By: Womble
In discussion of the amended motion,
Mr. Dean and Chief Parker explained that the Town was faced with somewhat of an
urgent deadline. The DOI, Chief Parker
said, could return on any day to continue with the town’s insurance rating, and
if the town was not at least pursuing a solution, the town was at risk of being
rated poorly.
Mr. Dean agreed. He said the inspector indicated he would give
the town “some time,” but he did not say how much time. Mr. Dean said he would not recommend that the
Council delay action at the risk of increasing homeowner insurance premiums.
Vote: The motion failed following a 2-3 vote. Councilmen DeBenedetto and Womble voted for
the motion. Councilmen Sack and Dickson
voted against the motion. Mayor Sears
voted against the motion to break the 2-2 tie.
Councilman
DeBenedetto said he did not feel he could take action on something that he did
not know the cost of it and without a funding plan in place.
Mr. Dean explained that conservative
cost estimates for the three-year solution was about $70,000 for the building
lease, some site improvements to make it functional as a fire station; and
equipment. Mr. Dean said funds in the
new budget year could be identified and a budget amendment prepared in July.
Mayor Sears asked if it was
allowable to take action prior to preparation of a budget amendment.
Mr. Schifano said it was allowable.
Mr. Holland said he would prepare a
budget amendment to be adopted at the July 15 meeting. He said there was no need to bring a budget
amendment forward at this time because it would impact not the current budget
year, but the new one beginning July 1.
Mr. Holland explained that he would
be out of the office prior to the July 1 meeting, so he would not have a budget
amendment until the July 15 meeting, but that spending could be conducted with
remaining FY 2007-08 funds and with budgeted funds in the FY 2008-09
budget. The budget amendment would
simply replenish line items used in the meantime.
At this time, Mayor Sears called for
a vote on the original motion, repeated for the record:
Action: The Council approved a motion to approve
to enter a three-year lease of residential property at
Motion
By: Sack
Second
By: Dickson
Vote: Unanimous.
A copy
of the lease agreement is incorporated into these minutes as addendum pages.
Additonal Action: The Council approved a motion to authorize
continued preparation work at the facility with spending after the FY 2008-09
budget begins on
Motion By: Dickson
Second
By: Sack
Vote: Unanimous
9b. Holly Grove Middle Athletic Facility
Improvements - Mr. Bradley explained that several months ago,
Town Council approved the participation in athletic facility enhancements for
the new Holly Grove Middle School, totaling just over $300,000, and
including financial participation by Wake County in the project.
He
said
The
Wake County Public School System recently bid the project which included
alternate bids for the items listed. The results from the bid were
$433,631 for the football/track improvements and $279,591 for the
restroom/concessions/ticket booth and totaled $713,222.
Mr.
Bradley said the bid for the restroom building appears to be very high and
could be constructed later by the Town for much less. It is not recommended that the Town accept
this bid.
He
said although the bid of $433,631 is higher than expected, it is recommended
that the Town accept this bid. Using the $135,000 from
He
said the date of the expected payment to WCPSS is not known, but is estimated
sometime after Jan 1. This payment would be made contingent on the
Town Council’s and Wake County School Board’s approval of the Level IV Joint
Use Agreement for the facility. The
He
said this facility would be open in the fall of 2010 and could be used by the
local youth football program, Hershey Track and Field, soccer, and softball
programs as well as general use of the track by the public.
Since
the restrooms will be of significant value for the high school softball
program, Mr. Bradley said he would contact the high school boosters to solicit
their participation in construction of this facility, similar to the restrooms
the Town will be a partner in building for the baseball and multi-purpose
fields. He said he would keep the Council updated on the status of
these projects.
Mayor Sears asked Mr. Bradley about
Mr. Bradley said that
Councilman Womble and DeBenedetto asked
if funding will be coming from park reserves and how much was in the park
reserves account.
Mr. Holland gave a brief history of
how the park reserve fund balance increases as development occurs. He said currently there is $300,000 in park
reserves and that amount would continue to replenish and build over a period of
time as development fees are paid into it.
Councilman Sack said he had no
reservations with using park reserve funds.
He said previous projects, like the
Action #1: The Council
approved a motion to reject the bid in the amount of
$279,591 for construction of the restroom building at
Motion
By: Womble
Second
By: Sack
Vote:
Unanimous.
Action #2: The Council
approved a motion to accept the bid in the amount of
$433,631 for construction of football/track improvements at
Motion
By: Womble
Second
By: Dickson
Vote:
Unanimous.
9c. Bass
Action: The Council
approved a motion to adopt Resolution 08-31 authorizing
the condemnation of easement for the Bass Lake Interceptor project.
Motion
By: Dickson
Second
By: Womble
Vote:
Unanimous.
A copy of Resolution 08-31 is incorporated into these minutes as addendum
pages.
9d. Purchasing Department - Mr. Dean explained that staff has completed
some initial research into creating a purchasing department. He said time was limited, and this should be
considered when reviewing the information.
He
said after reviewing the information and speaking with colleagues around the
state, he remains unconvinced that centralized purchasing or creating an
additional agent or department for purchasing is needed nor justifiable for the
organization at this time.
More
research would be needed, but at this point, he said, it would not be beneficial.
He assured Council that current checks
and balances are in place to ensure that the Town is spending as prudently as
possible.
Councilman
DeBenedetto said he feels more research is needed and that the proposal be
scheduled for a winter retreat discussion topic. He suggested that the research include a look
at the goods and services the town is buying and seeing if there are any
options for cost-savings.
Direction: Council
agreed to the direction to place the town’s purchasing options on the 2009
winter retreat as a discussion topic.
9e.
She said construction of this pump
station is a rather specialized contract, which is why construction
administration and inspections needs to be contracted out.
She said there also likely will be a
request for contingency funding for this project at a later date.
Action: The Council
approved a motion to award professional services contract
to Kimley Horn and Associates for construction administration of the
Motion
By: Dickson
Second
By: Sack
Vote:
Unanimous.
A copy of the Kimley-Horn contract is
incorporated into these minutes as addendum pages.
9f.
She
said the DMP contract also includes materials and testing work, subcontracted
to S&ME.
Action: The Council
approved a motion to award a professional services
contract to Davis-Martin-Powell in the amount of $132,253, inclusive of
contingency, for construction administration of the town’s reclaimed water
project.
Motion
By: Sack
Second
By: Womble
Vote:
Unanimous.
A
copy of the Davis-Martin-Powell contract is incorporated into these minutes as
addendum pages.
9g.
He
said the Internal Revenue Code allows banks to charge a special rate so long as
a municipality does not borrow more than $10 million in a calendar year. At the time of the resolutions, it was likely
that the town would not exceed this limitation.
However, with the additional funding needed for the
The
new rate for the $3.6 Million loan is 4.34% and for the second loan, it is
4.18%. Further, the second loan was
reduced from $3,634,000 to $2,581,000 because of a favorable construction
bidding market and cost sharing on the
The
amendments authorize the new loan interest rate amounts. The loans closed
today; however, they have not been funded, awaiting the Council’s decision on
the resolution.
Action #1: The Council
approved a motion to adopt Resolution 08-32 approving
amended financing terms for the Green
Oaks Parkway and
Motion
By: Womble
Second
By: Sack
Vote:
Unanimous.
A
copy of Resolution 08-32 is incorporated into these minutes as addendum pages.
Action #2: The Council
approved a motion to adopt Resolution 08-33 approving
amended financing terms for the Bass Lake Outfall / Holly Springs Business Park
Pump Station project.
Motion
By: Womble
Second
By: Dickson
Vote:
Unanimous.
A
copy of Resolution 08-33 is incorporated into these minutes as addendum pages.
9h. Town’s Civic Organization Grant Program - Councilman Dickson reminded
the Council that at its Winter Retreat, he was appointed to chair an
application review committee to screen Town of
He
said in most cases, the committee recommends award of some or all of the
requested funding. In some cases, the
committee recommends award of an increased amount over the amount requested.
Councilman
Womble asked why the Fuquay-Varina Food Pantry request was reduced in the
recommendation.
Councilman
Dickson said that the review committee felt the Food Pantry was a deserving
charity, but that it is not based in
Action: The Council
approved a motion to award the grants as recommended by the committee: Women’s
Club, $1,000; Kiwanis Club, $2,500; Fuquay-Varina Emergency Food Pantry, $500;
HSHS Golden Hawks Club, $2,500; and HSHS Band Boosters, $2,500.
Motion
By: Sack
Second
By: Dickson
Vote: The motion carried following a 3-1
vote. Councilmen DeBenedetto, Sack and
Dickson voted for the motion. Councilman
Womble voted against, saying he was holding out for a larger contribution for
the Food Pantry.
Councilman DeBenedetto offered an
additional motion.
Action: The Council approved a motion to increase the
amount to be awarded to the Fuquay-Varina Emergency Food Pantry to $1,500 as it
had requested.
Motion
By: DeBenedetto
Second
By: Womble
Vote: The vote carried following a 3-2 vote. Councilmen DeBenedetto and Womble voted for
the motion. Councilmen Sack and Dickson
voted against. Mayor Sears voted for the
motion to break the 2-2 tie.
10.
Other Business: Councilman Sack said he just went
through his third water crisis with the Town, and he was very proud of the town
organization. He said it was great to
see the cooperation, hard work and dedication of the staff in response to the
storm damage in
Mayor Sears echoed those sentiments.
Councilman Dickson agreed and noted how
effective communications were. He was
impressed and grateful that the town had such capabilities in place.
Councilman Womble
asked about the intersection of
Ms. Stephenson said the North
Carolina Department of Transportation required that design based on traffic
counts. She said as property develops, there
will be a full cross section and conditions will improve.
Councilmen Sack
and Womble asked about the topographic dip in
Ms. Stephenson said she has been in
contact with NDCOT about this problem and was advised that to fix it, the
intersection would have to be reconfigured at the town’s expense. She said she would ask NCDOT about the timing
of the traffic lights.
11.
Manager’s Report: Mr. Dean reported on a good job by
staff, the City of
Mr. Dean said the water emergency
occurred when lightning struck the
He said staff also would conduct a post
mortem on processes to identify improvements that can be made, particularly to
the reverse 911 phone tree. The phone
system proved invaluable, but there were a number of residents who did not
receive or cannot receive the phone message service.
Mr. Dean then noted for the Council
that the police department had a successful weekend, making arrests within
hours of two separate incidents. He said
officers acted exceptionally in both cases.
12.
Closed Session: The Council approved a motion to
enter into Closed Session, pursuant to G.S. 143-318.11(a)(3)
to discuss with the Town Attorney a contract relating to surplus real property.
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, regarding the sale
of surplus real property located on
Council members indicated they had
no problems with the chief’s purchasing the property. They were just happy that someone was
interested in buying and/or developing it.
The Council returned to Open
Session.
--
End General Account
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.