Regular Meeting
Oct. 21, 2008
MINUTES
The
Staff Members Present:
2 and 3.
The Pledge of Allegiance was recited, and the meeting opened with an
invocation by Rev. Billy Dennis, pastor of
4.
Agenda Adjustment: The
Motion
By: Sack
Second
By: Womble
Vote: Unanimous
Items
Added to the Agenda: Item 9c.,
consider change order reducing the construction amount of Fowler Construction
Company contract for Green Oaks Parkway.
Items Removed from the Agenda: None.
Consent
Agenda Item Removed for Discussion: Remove
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:
Mark Fowle of 308 Holly Glen Avenue
read his wife’s letter to the editor published by the
Mr. David George, 30 S. Meridian,
Indianapolis, IN, of Kite Realty Group, introduced himself to the Town
Council. He said that he will be working
with the
6a.
Town Entrance Signage – Mr. Russ Wallace, 212 Westinster
Drive, and past president of the
Mr. Wallace said this was suggested
because clubs had asked the Town about the possibility of getting approval to
erect something themselves and were told it would not be allowed due to current
sign ordinances.
Mr. Wallace delivered a three-minute
presentation on the need for these types of signs.
Councilman DeBenedetto
said that it was a great idea and concept.
Councilman Womble agreed and asked the group to provide their ideas for
these types of signs.
Mr. Dean said that staff was working with this idea and
welcomed their comments.
At this time members of the
Civitans, Lions Club, Kiwanis, Masons and Rotary Club introduced themselves to
the Town Council.
Action: None.
7a.
Public Hearing: Zoning Map Change
Petition 08-REZ-12 – Ms.
Powell explained that the Town has received an application for rezoning of two
areas in the
Ms. Powell said the rezoning request is in compliance with
the comprehensive plan that allows high density as well as community businesses. The Planning Board voted with a 5 to 2 vote
to approve.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded: None.
There being no comments the Mayor
closed the public hearing.
Action #1: The
Council approved a motion to accept the following zoning consistency statement as true: “The
requested zone map changes from CB: Community Business to R-MF-15: Residential
as well as the change from R-MF-15 to CB: Community Business is consistent with
Vision
Motion By: Sack
Second By: VanFossen
Vote: Unanimous
Action #2: The
Council made a motion to adopt
Ordinance #R08-14 to approve Zone Map Change Petition
#08-REZ-12 to change the zoning of property located near the intersection of
G.B. Alford Highway and New Hill Road and more particularly described as Wake
County
Motion By: Sack
Second By: VanFossen
Vote: Unanimous
A copy
of Ordinance R08-14 is incorporated into these minutes as addendum pages.
8.
Consent Agenda: The Council approved a motion to
approve items 8b through 8h on the Consent Agenda. The motion carried following a motion by
8a
Minutes –
This agenda item was removed from the Consent Agenda during agenda
adjustment.
8b.
Budget Report – The Council received a report of
amendments to the FY 2008-09 budgets approved by the town manager. A copy of the budget report is incorporated
into these minutes as an addendum page.
8c.
Budget Amendment, $250 – The Council adopted an amendment to the FY
2008-09 budget in the amount of $250 to accept a
8d.
Resolution 08-48 - The Council adopted Resolution
08-48 enacting the town’s Identity Theft Prevention Program. A copy of Resolution 08-48 is incorporated into
these minutes as addendum pages.
8e.
Budget Amendment, $165 –
The Council adopted an amendment to the FY 2008-09 budget in the amount
of $165 to accept insurance proceeds for an ambulance. A copy of the budget amendment is incorporated
into these minutes as an addendum page.
8g. Utley Creek Wastewater Treatment Plant –
The Council approved Change Order No. 3 to the Utley Creek Wastewater Treatment
Plant project construction contract at a total contract increase of $18,400 to
provide for future addition of ultraviolet lamps. A copy of contract change order #3 is incorporated
into these minutes as addendum pages.
8h. Piney Grove-Wilbon Road Alignment Contract
– The Council entered an engineering services proposal in the amount of $10,000
for functional alignment and design of the connection roadway between
8a. Minutes – Councilman
DeBenedetto explained that he had requested to remove the
Councilman Sack said that this
request is not appropriate because Councilman DeBenedetto was not in attendance
at the Sept. 2 Council meeting, and the minutes records the actual actions of
the Board, not emails sent to administrative offices prior to the meeting.
Councilman Dickson said the meeting
minutes reflect the actions of the Board and gives a general account of each
agenda item. It’s not customary to
include prior emails from the Council making requests or asking questions to be
included into the minutes.
Councilman
Sack said the Council is voting for the approval of the minutes, that the
minutes reflect the correct action made by the Board and is an official record
of Town actions. He said unless requesting
for a correction to the testimony that was presented at the meeting, the
minutes are accurate.
Action: After
much discussion the Council approved a motion to approve the minutes of the
Council’s regular meeting held
Motion By:
Sack
Councilman Womble asked if Councilman
DeBenedetto’s concerns with the minutes were that they don’t reflect his request
to postpone action on an agenda item until the next Council meeting until he
could be in attendance.
Councilman DeBenedetto said that the
minutes do not reflect his email requesting to postpone action of Green Oaks
Parkway until the next meeting until he could be present. He said he is requesting the email making
that request be inserted in the
There was discussion among staff and
Council members whether Councilman DeBenedetto’s request was made known to the
Council during the meeting. Mr. Dean
said the meeting Power Point slide for the agenda adjustment included a
notation that was pointed out by staff that Councilman DeBenedetto had
requested the item be delayed.
Ms. J. Powell said that if the Board
chooses to include the email language or attach the email to the minutes that
she would do so by included the email as addendum pages, as other requests are
handled.
Second By:
Dickson
Councilman Womble asked the
Council’s if Councilman DeBenedetto could bring up his concerns about the Green
Oaks Parkway project under Other Business.
The Council Members were in consensus that Councilman DeBenedetto could
address that matter under Other Business.
Vote:
The motion carried following a
4-1 vote. Councilmen VanFossen, Sack ,
Womble and Dickson voted for the motion.
Councilman DeBenedetto voted against.
Mr. Dean said that prior to 1994 the
Town was supplied with water by wells and he reviewed the history of the 1997
City of
Councilman Womble asked if the Town
will continue to pay the City of
He
said the new contract gives the Town and the City of
Councilman
Sack asked if any additional work will be needed at the pump station to handle the
reverse water flow from
Mr. Dean said the utility line and pump station is there and operating. Mr. Dean asked Ms. Parrish if there were any upgrades
needed for the pump station located on
Mr. Schifano said the contract requires
the City of
Councilman Sack clarified that it
would be the City of
There was further discussion between
Councilman Sack and Mr. Schifano concerning the repairs and maintenance on the
utility lines and the volume of water the Town would receive from the City of
Councilman
DeBenedetto asked if the Harnett County Water Treatment Plant project was on
schedule. Mr. Dean reported
Action:
The Council approved a motion to authorize the town manager to withdraw from
the 1997 water contract and to enter into a new interlocal agreement with the
City of
Motion By:
VanFossen
Second By:
Womble
Vote:
Unanimous.
A copy of the City of Raleigh Interlocal Agreement
is incorporated into these minutes as addendum pages.
9b. Green
Councilman DeBenedetto at this time
read a timeline he devised beginning
Councilman
Sack said that Councilman DeBenedetto was present at the
Councilman
DeBenedetto said that he asked the Town Attorney and was provided with answers
to those questions and said that the motion is to hire an outside attorney to
address his three concerns 1) to recoup damages, and interest on funds paid to
address the Army Corps of Engineers; 2) construction missteps for Green Oaks
Parkway and 3) for additional manhours Town staff spent related to addressing
the Army Corps of Engineers.
Councilman Sack asked what questions
can an outside attorney answer about the contract that the Town Attorney
couldn’t answer. Councilman DeBenedetto
said that he desires a fresh pair of eyes on this situation, and he reread his
written motion to hire outside counsel to review the contract; and recoup the damages
and interest on funds allocated and paid to address the Army Corps of Engineers
for environmental; and construction missteps for Green Oaks Parkway; and for
the additional hours the town’s staff spent related to addressing the Army
Corps of Engineers’ cease and desist order.
Councilman Sack said that the
request is to hire the same attorney that wrote the original three-party
agreement to this roadway.
Mayor Sears said that was discussed
at the last meeting that
Councilman DeBenedetto said that Mr.
Pearson has more than 20 years of experience, and that he understands that Mr.
Pearson is the originator of the 2003 contract which was for water and sewer
and not the roadway. Councilman DeBenedetto
requested the Council to consider the motion to hire an outside attorney to
advise the Town on the three issues.
After much discussion among the
Council members it was the consensus of the Board to take a vote on the
recommended motion.
Action:
The Council considered a motion to retain outside legal counsel to
advise the Town Council on seeking legal redress to recoup damages and interest
on funds allocated and paid to address the Army Corps of Engineers’ cease and desist
order for environmental and construction missteps for Green Oaks Parkway and
for the additional hours the town’s staff spent related to addressing the Army
Corps of Engineers’ cease and desist order.
Motion By:
DeBenedetto
Second By: Womble
Vote:
The motion failed following a 3-2 vote.
Councilmen DeBenedetto and Womble voted for the motion. Councilmen Dickson, Sack, and VanFossen voted
against.
9c. Green Oaks Parkway Project – Mr.
Schifano explained that this request is
to consider change order #5 that would reduce by $58,911 the construction
amount of the Fowler Contracting Company contract for Green Oaks Parkway. Mr. Schifano said the original “fill-slope”
contract was approved by the Council on
Action:
The Council approved a motion to approve change order #5 to the
construction contract of Fowler Contracting Company reducing the construction
amount by $58,911 for work completed on the Green Oaks Parkway project.
Motion By:
Dickson
Second By: Womble
Vote:
Unanimous.
A copy of the Fowler Contracting Company
contract change order #5 is incorporated into these minutes as addendum pages.
10.
Other Business: Councilman Dickson said that he had
attended the Bass Lake Day event and it was a good event and staff was
great. He commented that he would like
to see more people attend and support all Town events, like the Farmers Market. Mr. Dean said that it takes time for these
types of functions to grow the desired attendance.
Mayor Sears said that he agreed with Councilman Dickson’s
comments regarding the Farmers Market and commented that he would like to see
more people attend programs at the
Councilman Womble reported a sign was hit on
Mr. Dean said the original Twelve Oaks plan proposed 1,300
to 1,500 homes and when it was called Finisterra the plan proposed 2,200 homes.
Mayor Sears announced HollyFest is scheduled for
Council Womble asked if the rental policy and fees of the band
shelter will be the same as the picnic shelter.
Mr. Bradley said yes it is the same policy and fees.
Councilman DeBenedetto announced the one stop voting starts
Thursday, October 23 in
Councilman DeBenedetto requested that his email dated
A copy of Councilman
DeBenedetto email dated
Councilman Sack reported road repairs are needed on both
sides of
11.
Manager’s Report: Mr. Dean invited the Council
Members to attend the history book signing at the Holly Springs Library on
Friday October 24, between 7 and
Mr. Dean said that he appreciated the Council Members, the
Chamber of Commerce and Charles Whitaker and others who attended the
Certificate of Need public hearing for locating a hospital in
Mr. Dean welcomed
Mr. Dean reported that
12. Closed Session: The Council approved a motion to
enter into Closed Session, pursuant to G.S. 143-318.11(a)(6)
to conduct the town manager’s performance evaluation.
Motion By: Sack
Second
By: Dickson
Vote: Unanimous
General Account of Closed Session –
In Closed Session, the
The Council approved a motion to
return to Open Session.
--
End General Account
13.
Adjournment: There being no further business for
the evening, the
Respectfully
Submitted on
_________________________________
Linda R.
Harper,
Addendum pages as referenced in these minutes follow and are a part of the official record.