Regular Meeting
Sept. 2, 2008
MINUTES
The
Staff Members Present:
2 and 3.
The Pledge of Allegiance was recited, and the meeting opened with an
invocation by Rev. Horace Feruguson, pastor of
4.
Agenda Adjustment: The
Motion
By: Sack
Second
By: VanFossen
Vote: Unanimous
Items
Added to the Agenda: None.
. Items Removed from the Agenda: None.
Consent
Agenda Items Removed for Discussion:
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: None.
6a. Recognition of Adams Family and Capital Trees
Program Champion Historical Tree – Ms.
Lois Nixon, chairman of
the Triangle J Council of Governments Capital Trees Program addressed the
Council to explain the program and introduce an award-winning local tree. Ms. Nixon presented an award of recognition
to the David Adams family.
She said a yellow poplar located 500
feet behind the
Mr. David Adams expressed his
appreciation for the award and for the work of the Capital Trees Program. He shared the honor with his father, his
immediate family, and his extensive list of ancestors who all played a role in
protecting all trees on the family property.
Action: None.
6b. 2008 N.C. Marvin Collins Planning Award
– Mr. Dean said in July the North Carolina Chapter
of the American Planning Association selected the 2007
He said the award will be presented
during a ceremony Friday, Sept. 26 during the NC
He said local staff and citizens
working on the project included staff project coordinators Darin Eyster,
Mr. Dean said the
Action: None.
6c. Comprehensive Annual Financial Report – Mr.
Holland said the
Certificate of Achievement for Excellence in Financial Reporting has been awarded
to the Town of Holly Springs Finance Department by the Government Finance
Officers Association (GFOA) of The United States and
He said the Certificate of
Achievement is the highest form of recognition in the area of governmental
accounting and financial reporting, and its attainment represents a significant
accomplishment by a government, its management and its financial office staff.
Mr. Holland said this is the third
year in the three years since the award was established that the Town of
Action: None.
6d. Rex Healthcare Update – Mayor Sears introduced Bob Ricker, representing Rex Healthcare,
to give the Council an update on the company’s urgent healthcare facility
planned for
Mr. Ricker explained that a few
months ago, Rex Healthcare submitted an application for a Certificate of Need
for a diagnostic center in
Then, he said, Rex appealed the decision and convinced state
officials during the appeals process of the need for such a facility in
Mr. Ricker announced
that the State of
Mr. Ricker
thanked Mayor Sears, Mr. Dean and the community for their support during the
application process.
Action: None.
7.
Consent Agenda: The Council approved a motion to
approve all items on the Consent Agenda.
The motion carried following a motion by
7a
Minutes –
The Council approved minutes of
the Council’s regular meetings held on June 17 and
7b.
Community Development Block Grant
– The Council authorized payment to The Wooten Company for an additional
$5,402.80 in CDBG project administration costs.
7c.
Budget Amendment, $60,000 – The Council adopted an amendment to the FY
2008-09 budget in the amount of $60,000 to allocate an N.C. Greenway Grant
received. A copy of the budget
amendment is incorporated into these minutes as an addendum page.
7d.
Budget Amendment, $3,065 – The Council adopted an amendment to the FY
2008-09 budget in the amount of $3,065 to receive insurance proceeds for a damaged
police vehicle. A copy of the budget amendment
is incorporated into these minutes as an addendum page.
7e.
Budget Amendment, $12,410 – The Council adopted an amendment to the FY
2008-09 budget in the amount of $12,410 to receive insurance proceeds for a damaged
public utilities vehicle and lightning damage to equipment. A copy of the budget amendment is incorporated
into these minutes as an addendum page.
7f.
Budget Amendment, $119,675 – The Council adopted an amendment to the Water
Reserves Fund in the amount of $119,675 to allocate funds for Reuse Program
development. A copy of the budget
amendment is incorporated into these minutes as an addendum page.
7g. Special Exception Use Petition 06-SEU-04,
Sprint #1115 #1 – The Council granted a second six-month extension to
submit construction drawings for Special Exception Use #06-SEU-04 for Sprint
Site 1115 #1.
7h. Resolution 08-43 – The Council adopted Resolution
08-43 recertifying the Official Zoning Map dated
7i.
7j.
Budget Amendment, $67,000 – The Council
adopted an amendment to the FY 2008-09 budget in the amount of $67,000 to cover
costs of headcut repairs in the Green Oaks Parkway project. A copy of the budget amendment is incorporated
into these minutes as addendum pages.
8a. Garrison Subdivision Greenway Trail Waiver
Request –
Ms. Keefer said the construction of the Garrison Subdivision greenway
trail will require encroachment into the Town of
Ms. Keefer explained that with the
approval of the development plan for the Garrison Subdivision, a condition of
plan approval required the design and installation of a mulch greenway trail
located within the 100-foot
She
said a waiver to the
Action #1:
The Council approved a motion to
make and accept the following findings of fact to be recorded in the minutes
for a request for a waiver of UDO regulations to allow construction of the
Garrison Subdivision greenway trail within the Bass Lake Buffer.
3.
Approval
will secure public safety and welfare.
4.
Approval
will provide substantial justice.
5.
a.
There are exceptional conditions pertaining to the particular piece of property
in question because of its shape, size, or topography, that are not applicable
to other lands, buildings, or structures in the same district, or
b.
There is a peculiar characteristic of a proposed use which makes the application
of certain development standards of the UDO, as requested in the petition for
waiver of Riparian Buffer Reguations,
unrealistic.
6.
Granting
the waiver requested will not confer any special privileges that are denied to
other owners or residents of the district in which the property is located.
7.
A
literal interpretation of the provisions of the UDO would deprive the applicant
of rights commonly enjoyed by other owners and residents of the district in
which the property is located.
8.
The
requested waiver will be in harmony with the purpose and intent of the UDO and
will not be injurious to neighbor or to the general welfare.
9.
The
special circumstances giving rise to the waiver request are not as a result of
actions of the applicant.
10. Waiver requested is the minimum
variance that will make possible the legal use of the land, building, or
structure.
Motion By:
Sack
Second By:
VanFossen
Vote:
Unanimous.
Action #2:
The Council approved a motion to grant a waiver of UDO regulations for
impact to the Bass Lake Buffer for the construction of the Garrison Subdivision
greenway trail.
Motion By:
Sack
Second By:
Dickson
Vote:
Unanimous.
8b. SunTrust Bank, 08-DP-04 – Mr.
Zawadski said the Town has received a request for a development plan for out parcel
#7 located within the
He said this project is located
within a Gateway Corridor and is therefore subject to a higher degree of
architectural requirements. Since this
project also is located in the
Action: The Council approved a motion to
approve Development Plan #08-DP-04 for SunTrust as submitted by Miller Landscape
Architecture, project SunTrust –
Motion By:
VanFossen
Second By: Dickson
Vote:
Unanimous.
8c.
He
said he would use funds from the Parks and Recreation Reserve Fund.
Councilman
VanFossen asked how much a flagpole would cost because there might be interest
among area Rotary Clubs to purchase poles in memory of Rotary members.
Action: The
Council approved a motion to authorize completion of a monument at
Motion By:
Sack
Second By: Dickson
Vote:
Unanimous.
Copies of the budget
amendments are incorporated into these minutes as addendum pages.
Councilman
VanFossen asked the town attorney if he should recuse himself.
Mr.
Schifano said he should not since Mr. VanFossen’s contract as architect of the
developer’s club house in the Twelve Oaks Subdivision would have no financial
bearing on the discussion and action on the Green Oaks Parkway project. He added that Mr. VanFossen, by statute,
actually had a duty to vote in the matter.
Mayor
Sears said, just for the record, that he is no longer professionally tied to
Wakefield Development or to 12 Oaks. He
also was advised that he would not have to recuse himself.
9a. Green Oaks Parkway Project – Ms.
Sudano explained that at the
She
said, in summary, under the agreement, the Town will make payments directly to
Fowler for completing roadway construction that originally was the obligation
of Wakefield Development (estimated at $650,000.) The money used by the Town to make these
payments are from funds that the Town owed Wakefield for additional “advance”
work (estimated at $876,820) performed on the two-lane project to insure
compatibility with the Town’s upcoming four-lane project in the same area.
In
addition, the three-party agreement provides that the developer repay the Town
all two-lane project costs that exceed the $876,820 via a reduction in the
transportation fee credits that originally were to be issued on the two-lane
project. At the time of approval, it was
anticipated that these additional costs potentially could include up to $470,000
in costs.
Ms.
Sudano said these potential additional costs primarily included: mitigation work, professional oversight, and
payment of fines required due to the US Army Corp of Engineers environmental
violation, lime stabilization technical inspection, sedimentation and erosion
control measure maintenance, pavement cross section upgrade, repair/replacement
of stone pavement base contaminated due to length of time between placement and
paving, construction surveying, etc.
She
said the additional costs were discussed at the July 15 Town Council meeting;
however, there were no firm numbers available for some of the potential
expenses at that time.
Now, there are three change orders
presented for consideration: $14,375 for
surveying; $23,267.66 for construction of pavement to Novartis driveways (much
of this change order is for “early work” for the four-lane construction work);
and $79,797.50 for repair and replacement of stone pavement base (this is a
not-to-exceed number and will be field measured and only undertaken where
necessary.)
Councilman
Sack asked if all of these amounts would be paid by the developer.
Ms.
Sudano said yes, these amounts would be paid by the developer via
transportation impact fees.
She
said all of these change orders are necessary for completion of the two-lane
project, and all of them were anticipated in the numbers presented at the July
15 Town Council meeting. The money for
all of these change orders are included in the “additional costs” mentioned
above that will be repaid to the Town of
Ms.
Sudano explained that staff also is requesting adoption of a project budget
amendments. The budget amendments, she
explained, formalize the decisions made at the July 15 Town Council meeting and
several other project-related approvals, including mostly:
For
additional explanation, Ms. Sudano distributed a summary of the complex
project.
She
said the following are the bullet points with additional explanation of each
item in italics. Note that this is a list only of the
additional costs that necessitate the budget amendment under consideration for
this Town project, she said, adding that several of the numbers are estimates.
Town Costs:
Developer Costs (to be paid by Town and reimbursed by Developer to Town
via Transportation Impact Fees):
Councilman Sack asked if adoption of
these budget amendments would pave the way for the town to proceed
uninterrupted with the four-lane section.
Ms. Sudano yes, although she
anticipates a few more project adjustments and change orders to be forthcoming.
Action #1: The Council approved a motion to
adopt budget amendments to Reserve Funds and the Project Fund for Green Oaks
Parkway to cover costs of contract change orders and to update the project to
include recently-approved and some future contracts.
Motion By:
Sack
Second By: Dickson
Vote:
Unanimous.
Copies
of the budget amendments are incorporated into these minutes as addendum pages.
Action #2:
The Council approved a motion to approve Change Orders Nos. 1, 2 and 3
to the construction contract with Fowler Contracting for additional work
completed on the two-lane portion of Green Oaks Parkway.
Motion By:
Sack
Second By: Womble
Vote:
Unanimous.
A copy of the change orders are incorporated
into these minutes as addendum pages.
10. Other Business: Councilman VanFossen expressed gratitude to
staff who approached Brook Manor with requests to tidy up
11.
Manager’s Report: Mr. Dean reported to the Council
that the four-day work week pilot program is resulting in fuel savings, but the
best result is vehicle purchase cost savings and an increase in
proficiency. He said directors also are
reporting that the four-day work week may reduce request for additional staff
in next year’s budget. He said the town
would continue the program for the time being.
It particular, the program has worked out on cut-off day because crews
are on duty after traditional hours. He
also noted communication from the Department of Insurance stating that the
town’s plans to address Station No. 3 is fine. He reported that the Rex soccer fields opening
is set for 11 a.m. Saturday.
12. Closed Session:
None.
13.
Adjournment: There being no further business for
the evening, the
Respectfully
Submitted on Tuesday, Oct. 21, 2008.
_________________________________
Addendum pages as referenced in these
minutes follow and are a part of the official record.