Regular
Meeting
Oct. 6, 2009
MINUTES
The
Staff Members Present:
2 and 3. The Pledge of Allegiance was recited, and the
meeting opened with an invocation by Rev. Horace Ferguson, pastor of
4. Agenda Adjustment: The
Motion
By: Sack
Second
By: Dickson
Vote: Unanimous
Items
Added to the Agenda: None.
Items
Removed from the Agenda: Item 8e., sign regulation waiver for Novartis;
and 9c., infrastructure reimbursement agreement for Garrison Subdivision.
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:
Councilman Sack asked if Mr. Cook
had heard that the Town was planning to build a new community center.
Mr. Cook said he did know this and was very
glad that the Town is taking on a project to upgrade it because this facility
would promote good health for residents of
Joel Williams,
Joe Signoretti,
He said he feels some members of the
Council during the past year have made damaging and unfounded remarks about
employees and public officials, and he feels this is unfair to the individuals
involved as well as the organization.
He also said he feels the policy
should be amended to require that any information published by public officials
be complete and factual. He said he
feels information recently published in the newspaper by one Council member
regarding the financing of the Hunt Center was false and he closed by saying
that if an official is going to print something in the newspaper, then it
should be the truth.
6a.
He thanked the Council for its
efforts on the project.
Action: None.
7a. Public Hearing:
She said in order to accomplish the
realignment, the old right-of-way needs to be abandoned and new right of way
dedicated.
Ms. Powell said that, generally, following
a 30-day appeal period from the effective date of the street closing order and
upon recordation of this order, the property containing the right-of-way would
revert back to the ownership of the original property owner, who is in this
case, the applicant. That said, she said
the engineering department has requested that the street closing order not be
effective until the construction drawings for the project are approved,
ensuring that the project will move forward and not result in the town’s giving
up right-of-way that it would have to get back if the project does not move
forward.
Ms. Powell said adoption of the
resolution as presented would accommodate that schedule.
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 Council approved a motion to Adopt
Resolution 09-33, a street closing order for a portion of
Motion By:
Sack
Second By: Womble
Vote: Unanimous.
A copy of Resolution 09-33 is incorporated into these minutes as addendum
pages.
8. Consent Agenda: The Council approved a motion to approve all
remaining items on the Consent Agenda.
The motion carried following a motion by
8a. Minutes – The
Council approved minutes of the Council’s regular meetings held May 19 and
8b. Resolution 09-34 – The Council adopted Resolution 09-34
approving and enacting Development Procedures Manual amendment 09-DPA-04
pertaining to storm water. A copy
of Resolution 09-34 is incorporated into these minutes as addendum pages.
8c. Resolution 09-35
– The Council adopted Resolution 09-35 urging Congress to protect American jobs
and industry in dealing with greenhouse emissions policy. A copy of Resolution 09-35 is incorporated into
these minutes as addendum pages.
8d. National Community Planning Month in
8e. UDO Regulation Waiver
– This item, a waiver of UDO regulations to allow for a ground sign of eight
feet in height at Novartis Vaccines & Diagnostics, was removed during
Agenda Adjustment.
8f. Budget Amendment, $39,875
– The Council adopted an amendment to the FY 2009-10 budget in the amount of
$39,875 to finish out the
8g. Budget Amendment, $4,125
– The Council adopted an amendment to the FY 2009-10 budget in the amount of
$4,125 to provide an upgrade for Parks and Recreation Department Class
software. A copy of the budget
amendment is incorporated into these minutes as an addendum page.
9h. Reduction in Force Plan
– The Council received and endorsed a report of the Town Manager’s plan of
action in regard to a reduction in force.
9a. 02-
He said the proposed amendment includes three new out
parcels, #9-#11, for a total of 13 commercial lots for the project. The new lots originally were part of Lot #1
that was planned for a single retail building with multiple store fronts
similar to those adjacent to Harris Teeter.
This amendment would change the appearance of the retail area along the
village green by changing it to multiple out lot buildings. The amendment does include special setback
requirements for lot #9 to ensure the building is kept close to the sidewalk so
that the streetscape is consistent along
Action: The Council approved a motion to approve detailed Master Plan
Amendment #02-
1.
All previous conditions of approval for
this master plan apply to this amendment.
2.
A fee-in-lieu of upgrade will be
required for this project for the related pump station and force main.
3.
The additional utility services needed
for the new lots must be constructed with the Development Plan for the
corresponding lots.
Motion By: VanFossen
Second By: Womble
Vote: Unanimous.
9b. 09-DP-02, PSNC Gas Regulator Facility –
Mr. Zawadski said the Town has received a development plan request to locate a
150-square-foot natural gas regulator facility on property located near the
intersection of North Main Street and Quantum Street. The facility would be located more than 200
feet from the street and would be screened from view by new vegetation,
existing vegetation, and a six-foot black chain-link fence.
Action: The Council approved a motion to approve Development Plan #09-DP-02
for PSNC Gas Regulator Facility as submitted by PSNC Energy, Project Number
0051264, dated revised
1.
The following items are required prior to 1st construction
drawing submittal (later in the approval process):
a. An Easement & Right-of-Way Plat
will need to be submitted for review showing existing and new easements,
boundary of the PSNC easement including the corner of
b. All land acquisitions must be
complete and documentation provided.
2.
The following items are required prior to the approval of the 1st
construction drawing for the project (later in the approval process):
a. All applicable 401 and 404 permits
from USACE and NCDWQ must be obtained.
3. The following items are required
prior to issuance of building permit:
a. Add black coated barb wire fencing
around the perimeter of the gas regulator.
Motion By: Sack
Second By: DeBenedetto
Vote: Unanimous.
9c. Garrison Subdivision Infrastructure
Reimbursement Agreement – This item was removed
during Agenda Adjustment.
9d.
Mr.
Schifano said that there are three contracts relating to the
Ř
the
main construction contract with John S. Clark Company, LLC for $5,570,000;
Ř
the
installment financing contract with Capital State Bank for the entire project
budget for $6,524,000; and
Ř
a
construction materials contract for $40,000 with Terracon engineering firm.
He said with respect to the construction
contract, the bid tabulation and architect’s recommendation was presented to
Council on
He said with respect to the bank financing
agreement, the installment financing terms were approved by the Council by
resolution 09-30 on
The
materials and testing contract is a new matter, Mr. Schifano said.
He
said earlier this year, a request for proposals was distributed to businesses
in the area that are capable of conducting the specialized testing that will be
required during the construction and renovation process at the Hunt Community
Center. Each consultant provided information based on their
respective experiences in performing such testing. The participating consultants were: ATC
Associates, Inc., Falcon Engineering, Froehling & Robertson, Inc.,
Kleinfelder, MACTEC, Stewart Engineering, and Terracon.
Mr.
Schifano said that after considerable negotiations, it is recommended that the
Town contract with Terracon for the purpose of conducting tests as specified
during the construction process. The lump sum value of these
services is $40,000, to be covered in the project budget funded by installment
financing.
Councilman Sack
explained the role of the LGC to Council meeting audience members. He explained that the LGC determines whether
or not a Town is in financial condition to make proposed borrowings, and LGC
approval is necessary before all municipal bank loans are executed in
Councilman VanFossen
asked Mr. Schifano if Falcon Engineering, which had provided free services to
the Town on other
Mr. Schifano said yes,
but that staff was not able to negotiate as favorable terms with Falcon as with
Terracon.
Action #1: The Council approved a motion to enter a
contract with low bidding firm John S. Clark, LLC, in the amount of $5,570,000
for construction in the
Motion By: VanFossen
Second By: Dickson
Vote: 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 John S. Clark Company, LLC contract is incorporated into these
minutes as addendum pages.
Action
#2: The Council
approved a motion to enter into an installment financing agreement with Capital
State Bank for a loan amount of $6,524,000 for the W.E. Hunt Community Center
and
Motion By: Dickson
Second By: VanFossen
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 Capital State Bank installment
financing agreement contract is incorporated into these minutes as addendum
pages.
Action #3: The Council approved a motion to enter into a
materials testing contract with Terracon for $40,000, and to authorize the town
manager to execute the documents, subject to terms acceptable by the town’s
attorney.
Motion By: Sack
Second By: Dickson
In discussion,
Councilman DeBenedetto began to address the public that he was in favor of the
Councilman Sack
interrupted and said Councilman DeBenedetto was out of order because his
discussion was not germane to the specific motion on the table. He called for a vote on the motion.
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 Terracon Engineering Firm contract is
incorporated into these minutes as addendum pages.
10. Other Business: Mayor Sears reported on a teleconference held
today on H1N1 flu.
Councilman VanFossen complimented
Parks and Recreation, Police and Fire Department staff for assisting with the
Dog Day in the Park event, particularly the Carolina Dock Dog event.
Councilman
Dickson reported for clarification that the Town did not raise fees for
HollyFest. The business expo fees are
higher than in years past, but that portion of the festival is run by the Holly
Springs Chamber of Commerce.
Councilman
Sack spoke to remind candidates of sign regulations.
Councilman
Sack asked Ms. Sudano about a dip in the southbound lane of
11. Manager’s Report: Mr. Dean reminded the Council of the Chamber
of Commerce retreat scheduled for later in the week; he reported on an
international visit by a contingency from Moldova; he reported that
defibrillators have been purchased for town facilities; he reported that the acute care bed
allocation committee will be meeting later this week; he reminded the Council
of the North Carolina League of Municipalities conference; he reported that the
Hampton Inn had submitted its development plan to the Town.
12. Closed Session: The Council entered Closed Session.
Action: The Council approved a motion to enter into
Closed Session, pursuant to G.S. 143-318.11(a)(5) to discuss matters relating
to the location or expansion of industries in the area served by Holly Springs
and pursuant to G.S. 143-318.11(a)(3) to discuss with the Town Attorney within
the client-attorney privilege two matters of litigation.
Motion
By: VanFossen
Second
By: Sack
Vote: Unanimous
General Account
Closed Session –
In Closed Session, Mr. Dean
explained to members that some utility extension work to an unserved area of
the town would be critical in making a marketable parcel of property appealing
to a company that might be looking to locate a business or industry in that
area. Council members discussed the
likelihood of that event and the cost of making such an infrastructure
investment.
Mr. Dean said the utilities also
would serve residents in the same area.
Engineering staff presented supporting information that would put the
project on course.
Mr. Schifano reported on two legal
matters. He said that in 2000, a
contractor broke a water line because No Cuts had no record of the line. The Attorney said the Town’s Engineering
Department had been working with the contractor to defray the cost of the
$14,000 in damages, and had negotiated a $10,000 settlement. He asked for the Council’s authorization for
the settlement.
Action:
The Council approved a motion to
authorize a settlement agreement in the amount of $10,000 with a utility
contractor.
Motion
By: Womble
Second
By: Dickson
Vote:
Unanimous.
Mr. Schifano also reported to the
Council on the Mangum vs. Town of Holly
Springs lawsuit. He reported that
the case, as he had predicted, was determined unfounded and was dismissed by
the judge.
No other action was taken in Closed Session,
other than a motion to return to Open Session.
Action: The Council approved a motion to return to
Open Session.
Motion
By: VanFossen
Second
By: Dickson
Vote: Unanimous.
-- End General
Account
In Open Session, the Council authorized
a utility project.
Action: The Council approved a motion to authorize
the extension of water and sewer utilities to the
Motion
By: VanFossen
Second
By: Sack
Vote: Unanimous.
Copies
of the budget amendments are incorporated into these minutes as addendum pages.
Action: The Council approved a motion to enter into a
contract with Withers and Ravenel for design of water line and force main for
the
Motion
By: VanFossen
Second
By: Dickson
Vote: Unanimous
A
copy of the Withers and Ravenel proposal is incorporated into these minutes as
addendum pages.
Action: The Council approved a motion to enter into a
contract with Kimley Horn and Associates at a cost of 8,700 for production of a
functional design for a U.S. 1 interchange that would serve a parcel located on
Motion
By: VanFossen
Second
By: Sack
Vote: Unanimous
A
copy of the Kimley Horn proposal is incorporated into these minutes as addendum
pages.
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.