Regular Meeting
Dec. 16, 2008
MINUTES
The
Staff Members Present:
2 and 3.
The Pledge of Allegiance was recited, and the meeting opened with an
invocation by Pastor Doug Parlin 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 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: None
At this time, Mayor Sears reported
on a proclamation he had signed honoring the state’s military personnel and
their families, especially during the holidays when they sacrifice so much that
most citizens take for granted.
6a.
10U
David
Crotts of the Parks and Recreation Department reported the Yellow Jackets
defeated
In
the championship finals, the Yellow Jackets shut out
Councilman Dickson
read a mayoral proclamation honoring the team for their win and their
sportsmanship, and he then presented Certificates of Recognition to each of the
coaches and the players.
Recognized
were players Jake
Baize, Germaine Brown, Torren Dreakford, Peter Emig, Noah Hahn, Derrick
Johnson, Andrew Nicklaw, Stephen Pratt, Natanael Reyes-Ramirez, Noah Steers,
Brock Waters and Justin Wilhelm; head coach Jeff Nicklaw and assistant coach
Tyler Waters.
Action: None.
At this
time, Mr. Bradley announced that Mr. Crotts would be leaving the Town of Holly
Springs for a new job with the Town of
7a.
Action: None.
7b. Reclaimed Water Program Logo - Ms. Parrish said engineering is overseeing the design
and construction of the Reclaimed Water Tank that is being constructed on the
corner of New Hill and
Ms. Parrish said Michelle D’Antoni
has provided staff with the logo. The
Reclaimed Water System logo features a blue clean-water drop paired with a
lavender (the official standard color for reclaimed water) water drop with a
recycling arrow feature.
Action: None.
8a. Public Hearing: Annexation A08-09, Hampton Inn –Mr. Jones said the Town has
received a petition for voluntary annexation of approximately 5.32 +/- acres
located along
He said 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
Motion By:
Dickson
Second
By: Sack
Vote: Unanimous.
A copy of Annexation Ordinance A08-09 is
incorporated into these minutes as addendum pages.
8b. Public Hearing: Rezoning Petition 08-REZ-13 – Ms. Powell said the
applicant is requesting to rezone +/- 7.18 acres located at
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
Motion By:
VanFossen
Second
By: Sack
Vote: Unanimous.
Action #2: The
Motion By:
VanFossen
Second
By: Dickson
Vote: Unanimous.
A copy of Zoning
Ordinance R08-15 is incorporated into these minutes as addendum pages.
8c. Public Hearing: Special Exception Use Petition 08-SEU-04 – Ms. Powell said the applicant is
requesting approval for a Special Exception Use Petition 08-SEU-04 for a 190-foot
monopole communications tower and fenced compound to be located on .20 acres of
property at the approximate location of
She added that the site would be
accessed by a paved driveway off of
With that explanation completed, Mayor Sears opened the
public hearing to accept sworn testimony.
The following testimony was recorded under oath administered by the Town
Clerk:
William Howard, 7937 Mariner’s Circle,
Mr. Howard showed a map illustrating existing Alltel
communication towers in this area, and he showed the existing unserviced
area. He said the goal of the company is
to provide comprehensive in-building reception throughout this area, and this
tower would be required. He said there
would be no impact on any adjoining properties since the monopole tower is set
back on the property and is not required to be lighted. He added that there would be no impact to
traffic.
Mr. Howard said the tower meets and exceeds town regulations
on communications towers. A total of
four carriers would be able to use this tower in co-location agreements,
eliminating any future additional impacts to the community.
Mr. Howard also pointed out that there are no other
alternatives for the company since there are no other suitable structures in
the area.
A copy of the evidence
is incorporated into these minutes as addendum pages and is made a part of this
official record.
There being no further testimony, the public hearing was
closed.
Action #1: The
Special
Exception Use Findings of Fact:
A
special exception use may only
be granted upon the presentation of sufficient evidence to enable a written
determination that:
a. The proposed use will not be injurious to the public health, safety, comfort,
community moral standards, convenience or general welfare;
b. The proposed use will not injure or adversely affect the adjacent area;
c. The proposed use will be consistent with the character of the district, land uses authorized therein, and the Town
of
d. The proposed use shall conform to
all development standards of
the applicable district (unless
a waiver of such development standards is requested as
part of the special exception use petition
and approved as set forth above, in which case the proposed use shall conform
to the terms and conditions of such waiver).
e. Access
drives or driveways are or will be sufficient
in size and properly located to: ensure automotive and pedestrian safety and
convenience, traffic flow as set forth in Section 7.09 – Pedestrian Circulation
and Vehicular Area Design; and, control and access in case of fire or other
emergency;
f.
Off-street parking areas, off-street loading areas, trash enclosures, trash pick-up and
removal, and other service areas are located so as to be safe, convenient,
allow for access in case of emergency, and to minimize economic, glare, odor,
and other impacts on adjoining properties and properties in the general
neighborhood;
g. The lot, building or
structure proposed for the use has adequate restroom facilities,
cooking facilities, safety equipment (smoke alarms, floatation devices, etc.),
or any other service or equipment necessary to provide for the needs of those
persons whom may work at, visit or own property nearby to the proposed use;
h. Utilities, schools, fire, police and
other necessary public and private facilities and services will be adequate to
handle the needs of the proposed use;
i.
The
location and arrangement of the use on
the site, screening, buffering, landscaping, and pedestrian ways harmonize with
adjoining properties and the general area and minimize adverse impacts; and,
j.
The
type, size, and intensity of the proposed use (including but not limited to such considerations as the
hours of operation and numbers of people who are likely to utilize or be
attracted to the use) will not
have significant adverse impacts on adjoining properties or the neighborhood.
Motion By:
Sack
Second
By: VanFossen
Vote: Unanimous.
Action #2: The Council, having made findings of fact that the project
meets the requirements to be granted a Special Exception Use, approved a motion
to grant Special Exception Use #08-SEU-04 for a Wireless Communications Relay
Tower at 5716 Cass Holt Road in the R-30: Residential district as submitted by
William Howard of EQV Development, LLC, dated Revised
1.
At the time that this property develops or the proposed thoroughfare
from
2.
Prior to issuance of Building Permit: the applicant shall revise the
landscape plan to specify ‘Green Giants’ to be planted at a minimum height of
6’, in place of the Leland Cypresses.
Motion By:
Dickson
Second
By: Sack
Vote: Unanimous.
A copy of Special
Exception Use application 08-SEU-04 entered into the record by the applicant
and addressing the findings of facts is incorporated into these minutes as
addendum pages.
8d. Public Hearing: Ordinance 08-18 (08-UDO-10)
Amendment – Ms. Capp said that recently it has come to staff’s attention that in December
2007 when Section 9.05, D. of the Unified Development Ordinance (UDO) was
amended (See Ordinance #07-18), that this amendment modified only minor
amendments regarding development petitions for commercial development plans,
multi-family development plans, and development option development plans.
She said as a result, the intent of
the amendment to authorize staff to be able to make similar minor amendments to
approved subdivision plans, preliminary plans and master plans as specified in
Section 9.05, B. was not included.
She explained the proposed amendment
would bring Section 9.05, B.- the portion of the UDO that discusses subdivision
processes -- into conformance with the intent of the amendments made to Section
9.05, D - the site-specific development plan section of the ordinance.
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
Motion By:
VanFossen
Second
By: DeBenedetto
Vote: Unanimous.
Action #2: The
Motion By:
VanFossen
Second
By: DeBenedetto
Vote: Unanimous.
A copy of Ordinance
08-18, (08-UDO-10) is incorporated into these minutes as addendum pages.
8e. Public Hearing: Ordinance 08-09 Amendment – Ms. Keefer said the Town seeks to
receive comment for the draft National Pollutant Discharge Elimination System
(NPDES) Phase II Stormwater Illicit Discharge Detection ordinance.
She said the Illicit Discharge
Detection and Elimination ordinance represents one of the six minimum measures
required by the Town of
The adoption of the NPDES Phase II
Stormwater Illicit Discharge Detection Ordinance would provide authority for
the Town to inspect and enforce possible illicit discharges and illegal connections
to the Town’s storm drainage system.
Following Ms. Keefer’s explanation,
Mr. Schifano explained some clarification points that need to be made to the
draft.
Mayor Sears asked how the
information in the ordinance would be provided to the public. Ms. Keefer explained that staff would use
brochures, Web site, newspaper and press releases to educate the public about
the rules.
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
Motion By:
VanFossen
Second
By: Dickson
Vote: Unanimous.
A copy of Ordinance
08-09 is incorporated into these minutes as addendum pages.
9.
Consent Agenda:
The Council approved all items on the Consent Agenda following a motion
by Councilman Sack, a second by
9a.
Budget Amendment Report -
The Council received a report of amendments to the FY 2008-09 budget
approved by the town manager. A copy of budget amendment report is incorporated into these minutes as
an addendum page.
9b.
Budget Amendment, $890 –
The Council adopted
an amendment to the FY 2008-2009 budget in the amount of $890 to receive
insurance proceeds for a damaged police vehicle. A copy
of the budget amendment is incorporated into these minutes as an addendum page.
9c. Resolution 08-52 – The Council adopted
Resolution 08-52 committing that the Town will
provide matching funds of $12,000 to be paired with NCDOT grant funds of
$28,000 if the town receives a grant for bicycle route planning. A copy
of Resolution 08-52 is incorporated into these minutes as an addendum page.
9d.
10a. Downtown
Development Incentive Policy – Ms. Mizelle said that staff from
several departments has developed a draft policy designed to attract jobs and
investment to the Village District by way of fee waivers and/or development
standard waivers or deferrals.
She
said commercial development is strong in retail centers at the periphery of
Councilman
Sack asked how waiver of development fees would impact the town.
In
some cases, Ms. Mizelle said, there would be no impact, such as when the town
receives a grant to do a Main Street Enhancement project. Waiver of fees would have to be considered
carefully for each property on a case-by-case basis.
Councilman
DeBenedetto asked when the town would provide an economic development grant
incentive.
Ms.
Mizelle said, and Mr. Schifano agreed, that staff is not excluding the
possibility of providing economic development grants as provided by state law;
however, the primary focus would be upon the other types of incentives noted in
the policy, such as fee waivers and town-provided infrastructure.
Action: The
Council approved a motion to adopt Policy Statement P-033 establishing a
Downtown Development Incentives policy for the Village District.
Motion
By: Sack
Second
By: VanFossen
Vote: Unanimous.
A copy of Downtown Development Incentive policy P-033 is incorporated into
these minutes as addendum pages.
He said in
seeking a consulting firm, he felt it was important to have several key
components when searching for a firm to do this work. First, he said, he wanted a firm who had
experience in the building and engineering field to provide a level of
expertise. Second, he looked for a firm
that did not have experience in
He said the
firm that he selected for consideration was FMI Consulting of Wake Forest. With this being a very specialized study, he
said he felt FMI fit the profile he was looking for. The scope of the study would be very
comprehensive, and would evaluate not just internal processes, but would
examine both external groups (engineers, builders, developers) as well as
provide comparative data with other comparable towns.
The Town Council would
have input into the study.
The cost of
the study would be $50,000, and the town also would need to appropriate an
additional $5,000 in contingency for things like printing, etc.
He said
staff did not request RFPs for this project because it would be of a technical
nature, and service contracts are not required to be bid.
The study
should allow management to determine not only cost savings internally, but help
make the process more manageable for staff.
The additional benefit from the study would be to insure that the Town’s
development policies are in line with the Town Council’s development
goals.
Mr. Dean said
funding is available in the existing budget, and that he would recommend
approval.
Action: The
Motion By:
Sack
Second
By: VanFossen
Vote: Unanimous.
10.
Other Business: Councilman DeBenedetto commended
the police department for responding to an issue on
Councilman DeBenedetto addressed the
recent town employee opinion survey that he said spoke negatively of him. He said, in summary, that he asks questions
and makes allegations so he believes that is why he received negative ratings.
Councilman Dickson said he proposed
the employee opinion survey in order to help the Town be a better place to
work. He said he did not appreciate
Councilman DeBenedetto’s characterizing the survey as anything else.
Councilman Sack said there is still
no “No Outlet” sign on
Councilman Dickson said he would
like to add a topic to the list of retreat topics. He said there seems to be a misunderstanding
of some residents of the development process.
He said a Citizens Academy might be a worthwhile opportunity to teach
residents about what happens in local government; what the Council can and
cannot do; when a public hearing is needed, when it isn’t; what the Board of
Adjustment is and how it works; what is considered during a public hearing; and
a host of other things that citizens may like to know.
11.
Manager’s Report: Mr. Dean reported that the staff
enjoyed a Christmas luncheon on Dec. 17; he commended staff organizing the
Christmas parade that was held on Saturday; he told Council members that he has
compiled a wish list for the federal economic stimulus package, and he asked
Council members to provide the Town Clerk with topics to be forwarded to the
Wake County delegation for the 2009 legislative agenda.
If anyone on the Council would like
to add to his economic stimulus package list, Mr. Dean asked that the town
clerk be contacted.
At this time, Mayor Sears yielded
the floor to resident Alex Rapp who inadvertently did not speak during Public
Comment.
Alex Rapp,
12. Closed Session:
None.
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.