Regular
Meeting
Nov. 17, 2009
MINUTES
The
Holly Springs Town Council met in regular session on
Council Members Present: Councilmen Parrish Womble, Chet VanFossen, Tim
Sack, and Hank Dickson and Mayor Sears.
Council
Members Absent: Councilman Vinnie DeBenedetto.
Staff
Members Present:
Carl Dean, town manager; Chuck Simmons, assistant town manager; John Schifano,
town attorney; Joni Powell, town clerk (recording the minutes); Linda Harper,
deputy town clerk; Drew Holland, finance director; Len Bradley, director of
parks and recreation; Gina Clapp, director of planning and zoning; Jeff Jones,
senior planner; Mark Zawadski and Laura Powell, Planners I; Eric Tayler, IT department
manager; Mark Andrews, public information officer; Kendra Parish, senior
engineer; Elizabeth Goodson, development review engineer; and Stephanie Sudano,
director of engineering.
2 and 3. The Pledge of Allegiance was recited, and the
meeting opened with an invocation by Rev. Horace Ferguson of
4. Agenda Adjustment: The
Motion By: Sack
Second By: VanFossen
Vote: Unanimous
Items Added to the Agenda: A special presentation was added to follow
Public Comment.
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.
At this time, Kevin Adams, chairman
of the
6a.
She said a stakeholder group made up
of representatives of Apex, Fuquay-Varina,
She reviewed a copy of the executive
summary from the study and maps detailing the recommended land uses.
Mr. Tim Gardiner of The Wooten
Company addressed the Council, providing recommendations.
He said the stakeholders group
recommends the following land uses:
- US 1 Employment
Area (
- Progress Energy
– Utility and Environmental Stewardship District
- Aligning the
He said the group recommends the
following area-specific changes:
- US 1 Business
District
- Aligning Land
Uses – North and Western Areas
- Aligning Land
Uses – Southern Areas
- Jurisdictional
Boundary Changes
Action: No action.
7a. Public Hearing: Special Exception Use Petition 09-SEU-12,
Firestone – Mr.
Zawadski said the Town has received a request for a Special Exception Use for a
minor auto repair use to be located on out lot #5 within the Shoppes at Holly
Springs integrated center. The property
is 1.24 acres and is located adjacent to
He said the building design is subject to the
colors and materials approved with the Shoppes at
With that explanation completed, Mayor Sears
opened the public hearing to accept sworn testimony. The following testimony was recorded under
oath administered by the Deputy Town Clerk:
None.
There being no testimony, the public hearing
was closed.
Action #1:
The
Council approved a motion to make and accept the findings of fact to be
recorded in the minutes for Special Exception Use Petition #09-SEU-12 for Firestone
to allow for a minor automobile repair use in the Community Business zoning
district as submitted by Freeland and Kauffman, date revised 10/9/2009.
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:
Womble
Second By: Sack
Vote: Unanimous
A copy of the Special Exception Use Petition
09-SEU-12 addressing the findings of fact is incorporated into these minutes as
addendum pages.
Action #2: Having made findings of fact that the project
meets the requirements to be granted a Special Exception Use, the Council
approved a motion to grant Special Exception Use #09-SEU-12 for Firestone as
submitted by Freeland and Kauffman, dated revised 10/9/2009 with the following
conditions:
1.
All
conditions of the stormwater management plan as well
as the conditions of approval for the Shoppes at Holly Springs Master Plan will
apply to this plan.
2.
A
fee-in-lieu of pump station upgrade will be required.
3.
The
access easement referenced on this plan will need to be included graphically
with the plat associated with this project.
4.
Prior
to issuance of Building Permit, the following must be completed:
a.
A
lighting plan must be reviewed and approved by the Department of Planning and
Zoning.
Motion
By: Womble
Second
By: VanFossen
Vote: Unanimous
7b. Public
Hearing: Comprehensive Plan Amendment,
09-CPA-02 – Mr.
Jones said in accordance with the Vision Holly Springs adopted
Implementation Program, staff from the planning and zoning, engineering, administration,
and economic development departments have been working on the two-year
evaluation and update to the comprehensive plan, Vision Holly Springs, along
with changes to the Village District Area Plan, Northeast Gateway Plan and the
Southern Gateway Plan.
He said staff reviewed the Executive
Summary, Future Land Use, Transportation, Infrastructure and Utilities, Community
Facilities, Natural Resources, Economy and Community Character sections of the
plan, as well as the three area plans.
He said the Department of Parks and
Recreation has stated that there are no proposed changes to the Parks and
Recreation section at this time.
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 #09-40 to approve and enact Comprehensive Plan Amendment 09-CPA-02
updating Vision Holly Springs Comprehensive Plan.
Motion By:
Dickson
Second By: Sack
Vote: Unanimous
A copy of Resolution 09-40 is incorporated
into these minutes as addendum pages.
8. Consent Agenda: The Council approved a motion to approve all items
on the Consent Agenda. The motion
carried following a motion by Councilman Sack, a
second by Councilman Womble and a unanimous vote. The following actions were affected:
7a. Minutes – The
Council approved minutes of the Council’s regular meeting held on Nov. 3, 2009.
7b. Budget Report – The Council received a monthly report of
amendments to the FY 2009-10 budget approved by the town manager. A copy of the budget amendment
report is incorporated into these minutes as an addendum page.
7c. Computer Back-up Lease Agreement – The Council entered a lease for a computer
back-up system with Varrow, Inc., in the amount of
$18,717.25.
7d. Reclaimed Water Contract Change Order
#4 – The Council approved construction contract
Change Order No. 4 for a decrease of $32,159 to bring the total Reclaimed Water
Contract 1 with T.A. Loving Company amount to $1,193,406.
9a. Reclaimed Water Program Policy and Ordinance
–
Ms. Parrish explained that the Department of Engineering is submitting a
permit to the North Carolina Department of Environment and Natural Resources
for the delegation of authority to the Town of Holly Springs to administer
certain components of the new reclaimed water distribution system. This has required that all components of this
brand new program to be created, submitted and
approved by the state.
She said staff has
worked closely with the public utilities department, the finance department and
the code enforcement department to draft all supporting documents. Enclosed in
your packet are the proposed ordinance and policy statement for your review and
approval.
Action: The Council approved a motion to adopt Policy
Statement P-007.02 addressing land application uses of reclaimed water.
Motion By: Sack
Second By: Dickson
Vote: Unanimous.
A copy of Policy Statement P-007.02, Land
Irrigation (Sprinkler) Systems, is incorporated into these minutes as addendum
pages.
Action: The Council approved a motion to adopt
Ordinance 09-22 establishing Reclaimed Water regulations.
Motion By: Sack
Second By: Dickson
Vote: Unanimous.
A copy of Ordinance 09-22 is incorporated
into these minutes as addendum pages.
9b. Main Street
Sidewalk Project
–
Ms. Parrish said the engineering department was awarded a Congestion
Mitigation and Air Quality (CMAQ) grant to construct a sidewalk on Main Street
south from Ballentine Street to the G.B. Alford
Bypass.
She said the federally-funded grant can be
used for up to 80% of the construction costs for the sidewalk with the
remaining costs to be funded by a town contribution. The maximum federal contribution is
$320,000. Per federal regulations, the
sidewalk would be five feet wide and non-decorative concrete. The engineering department would work closely
with the NCDOT’s local program management department handling the design and
construction management of this project in-house.
The sidewalk would connect to sidewalk that
currently is under construction (as part of the Main Street Enhancements
Project) near the intersection of Main Street and Ballentine
Street. The sidewalk then would continue
south on the west side of Main Street, crossing Main Street to the east side
with a crosswalk at Pine Street. The
sidewalk then would continue south on
the east side of Main Street connecting to an existing sidewalk near the G.B.
Alford Bypass at Main Street Square.
Ms. Parrish said Bass Nixon and Kennedy, Inc.
has been selected to perform the surveying and plat
preparation for the project for $12,100 plus contingency for a total of
$13,300.
During discussion, Councilman Womble
requested an alternate location for the crosswalk and sidewalk cross-over to
the east side of Main Street.
Action #1: The Council approved a motion to endorse the
project with a change in the crosswalk / cross-over to the east side of Main
Street at Oak Street rather than Pine Street and to approve the preliminary
expense schedules as described.
Motion By:
Womble
Second By:
Sack
Vote:
Unanimous.
Action #2:
The Council approved a motion to adopt amendments to the FY 2009-2010
budget in the amount of $26,300 for the project.
Motion By:
Womble
Second By:
Sack
Vote:
Unanimous.
A copy of the budget amendment is incorporated
into these minutes as an addendum page.
Action #3:
The Council approved a motion to retain Bass Nixon and Kennedy for
$12,100, plus contingency, for surveying and plat preparation services.
Motion By:
Womble
Second By:
Sack
Vote:
Unanimous.
10.
Other Business: Councilman Sack
and Womble asked if the speed limit on Main Street could be reduced to 25 miles
per hour. The Council consensus was for
the staff to pursue this with NCDOT (or to wait until the town assumes Main
Street and then establish the speed limit locally.)
Councilman Womble asked if a hole in the G.B.
Alford Bypass shoulder curve could be filled in.
11. Manager’s Report: Mr. Dean asked the Council to set a special
meeting for the Council orientation on Thursday evening.
Action: The Council approved a motion to set a
special meeting for 6 p.m. Thursday, Nov. 19 at the Cultural Center for the
purpose of orienting newly-elected Council members Linda Hunt Williams and
James Cobb to Council procedures and Town projects.
Motion By: Sack
Second By: Dickson
Vote: Unanimous.
Mr. Dean also reported that the Bass
Lake Road bridge is under repair by NCDOT; that there
will be a Novartis tour and grand opening Nov. 24; and that paving on Green
Oaks Parkway, Irving Parkway and Thomas Mill Road should be completed by
tomorrow.
12. Closed Session: The Council approved a motion to enter into
Closed Session, pursuant to NCGS 143-318.11(a)(5) to discuss with the town
attorney terms of a pending contract relating to the former BFI Landfill site;
and pursuant to NCGS 143-318.11(a)(6) to conduct the town manager’s performance
evaluation.
Motion
By: Dickson
Second
By: Sack
Vote: Unanimous.
General Account
Closed Session – Nov. 17, 2009
In Closed Session, the Council
discussed the possibility of a private interest’s taking over the BFI Landfill
property and developing it into public spaces and the Town’s role and
obligation under various scenarios.
After the contractual matter, the
Council conducted the town manager’s annual performance evaluation, making
suggestions for areas of improvement and acknowledging his strengths.
In Closed Session, no action was
taken other than a motion to return to Open Session.
In Open Session, the Council
approved the following motion: A motion
to amend the town manager’s employment contract to discontinue the monthly
travel allowance of $500 and to add $500 per month to the town manager’s
current salary and to specify that the town manager will be reimbursed for travel
outside of Wake County with submission of typical expense forms.
Motion
By: Sack
Second
By: Dickson
Vote: Unanimous.
13. Adjournment:
There
being no further business for the evening, the Nov. 17, 2009 meeting of the
Holly Springs Town Council was adjourned following a
motion by Councilman Dickson, a second by Councilman Sack and a unanimous vote.
Respectfully Submitted on Tuesday, Dec. 15, 2009.
_________________________________
Joni
Powell, CMC, Town Clerk
Addendum
pages as referenced in these minutes follow and are a part of the official
record.