Holly Springs Town
Council
Regular Meeting
February 15, 2011
MINUTES
The
Holly Springs Town Council met in regular session on Tuesday, Feb. 15, 2011 in
the Council Chambers of Holly Springs Town Hall, 128 S. Main Street. Mayor Dick Sears presided, calling the
meeting to order at 7 p.m. A quorum was
established as the mayor and four council members were present as the meeting
opened.
Council
Members Present: Councilmen Jimmy Cobb, Parrish Womble, Tim
Sack Councilwoman Linda Hunt Williams.
Council
Members Absent: Councilman VanFossen.
Staff
Members Present:
Carl Dean, town manager; Chuck Simmons, assistant town manager; John Schifano,
town attorney; Joni Powell, town clerk; Linda Harper, deputy town clerk (recording
the minutes); Len Bradley, director of parks and recreation; Gina Clapp,
planning and zoning director; Mark Zawadski, planner I; Eric Tayler, senior
information technology specialist; Jeff Wilson, information technology director;
Niki Litts, communications specialist; John Herring, police chief; Bobby
Holloway, police officer; Mike Patterson, police lieutenant; Mike Bornes,
police captain; other police department staff and Drew Holland, finance
director.
2
and 3. The Pledge of Allegiance was recited, and the
meeting opened with an invocation by Bishop Mark Savoldi of The Church of Jesus
Christ of Latter Day Saints.
4. Agenda Adjustment: The Feb. 15, 2011 meeting agenda was adopted
with changes, if any, as listed below.
Motion By: Sack
Second By: Womble
Vote: Unanimous
Items added to Agenda: None.
Items removed from Consent Agenda: None.
Items removed from the agenda: 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.
Mr. Nick Holota of 540
Country Lane, a representative of the Holly Springs Youth
Lacrosse Club, requested the Town consider providing Town athletic fields to be
used by the lacrosse club. He said the
program serves about 150 residents who are very supportive of the sport. Mr. Holota requested the use of the Holly
Springs fields and the high school multi- purpose field for 1˝ hours per week
and on weekends.
6a. Lifesaving Award of Recognition – Chief Herring and Lt. Patterson conducted a
formal presentation ceremony honoring Police Officer Bobby Holloway who is
credited by doctors as having saved a man’s life while off-duty this
summer. Lt. Patterson said that on June 6, 2010, while
off duty, Officer Holloway stopped to assist with what appeared to be an
injured bicyclist. Upon exiting his vehicle and assessing the situation, it was
apparent that one of the cyclists was suffering from a major cardiac
event. Relying on his training and
courage, Officer Holloway began lifesaving efforts, which ultimately were
credited for saving the life of cyclist Ken Sibley.
Lt. Patterson said that as a result of Officer’s
Holloway’s unselfishness and dedication to duty, he was awarded the Holly
Springs Police Department's Lifesaving Award. A special guest for the ceremony
was Mr. Sibley and his wife, Barb.
Action: None.
7a. Town’s Standard & Poor’s Bond Rating - Mr. Dean said the Town was
notified that its Standard & Poor’s bond rating has been elevated two
grades from A+ to AA. While the Town’s
bond rating was strong at grade A+, the AA rating lends even more confidence in
the Town’s financial condition.
He said one of the key findings in
the Standard & Poor’s analysis is that the Town’s debt load is well within
acceptable limits and that the debt represents capital investments for the
community. For the debt the Town has
incurred, it has provided valuable infrastructure for its citizens.
Mr. Dean said the report reflects the
following:
·
the
town’s rapidly growing residential community;
·
a
large property tax base that shows steady and healthy growth over the past
decade;
·
a
strong financial position, attributable to good financial management and
budgeting practices; and
·
moderate
debt burden.
Mr. Holland said that this report was not completed
or requested by the Town. He said he supplied
the company with the information requested.
Action: None.
8a. Public Hearing: Special Exception Use Petition, 10-SEU-06,
209 W. Elm Street – Mr. Zawadski said the
Town has received a request for a Special Exception Use to locate a family
childcare home in the R-15: Residential zoning district located at 209 West Elm
Avenue. According to North Carolina
General Statutes §110‑86 Definitions, “A family child care home is
a child care arrangement located in a residence where, at any one time, more
than two children, but less than nine children, receive child care.”
He said the property is 0.4 acres in
size and is located within the Avent Acres Subdivision. The property includes capacity to accommodate
four cars in the driveway for loading and unloading in addition to the two-car
garage. No modifications are proposed to
the exterior of the house or property.
Mr. Zawadsky said the Planning Board
recommended approval of the special exception use. Councilwoman
Hunt-Williams asked about traffic flow and parking.
Under sworn testimony, Courtney Hizey of 209 W. Elm Street said
the State allows up to eight children.
She said that she would be keeping five children, which leaves three
openings for tracked out school children.
She said the driveway would allow five cars, and children drop-off would
be at staggering times.
With that explanation completed, Mayor Sears
opened the public hearing to accept more 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 a Special
Exception Use #10-SEU-06 for 209 W. Elm Avenue to allow for a family childcare home
in the R-10: Residential District as submitted by Courtney Hizey.
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: Womble
Vote: Unanimous
A copy of Special Exception Use Petition
10-SEU-06 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 approve Special Exception Use
10-SEU-06 for 209 W. Elm Avenue to allow for a family childcare home in the
R-10: Residential District as submitted by Courtney Hizey with the following condition:
- All
additional state and local permits and approvals will be required prior to
the business opening.
Motion By: Cobb
Second By:
Womble
Vote: Unanimous
9. 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 meetings held Jan. 18,
and Feb. 1, 2011.
7b.
Budget Amendment, Report – The
Council received a monthly report of amendments to the FY 2010-11 budget
approved by the town manager. A copy
of the budget amendment report is incorporated into these minutes as an addenda
page.
7c. Wake
County Board of Elections Contract – The Town Council approved a contract with
Wake County Board of Elections for the 2011 municipal election.
10. New Telephony System - Mr. Wilson said the Town
organization’s phone system and network hardware needs replacement because the
equipment is outdated and out of production.
The existing phone system was manufactured by 3Com, which was purchased
by HP. He said the production of this
line of equipment was ended, so an upgrade of the current system is not
possible.
He said a new system also would help
meet the Town’s need for business continuity and disaster recovery.
Mr. Wilson said bids were requested
for a system design, and two responses were received. The apparent best bid, which staff is
recommending, is the one provided by Brightstar Communications. The bidders met all necessary requirements
and were within the targeted budget.
He said the system would be leased
for four years starting with FY 2011-12 budget.
Councilman
Sack asked the name of the company who makes the equipment.
Mr. Wilson said a
company from Hounsfield, Alabama, makes the equipment and the systems comes
with a 5-year warranty.
Councilwoman
Williams asked why is this system better that the current phone system.
Mr. Wilson said the
current phone system is nine years old, and the company is no longer in
business. Parts or phones are no longer
available for repairs or part replacement.
Councilman Sack asked
who would be servicing the new telephone system.
Mr. Wilson said
Brightstar Communications, located in Raleigh, would service the system.
Action: The Council approved a motion to enter a telephony
contract with Brightstar Communications in the amount of $104,756 and to lease from
Graybar Financial in the annual amount of $28,454.60 for four years, starting
July 15, 2011.
Motion by: Sack
Second by: Womble
Vote: Unanimous
11. Other Business: Councilman Womble
asked if a tract of land has been approved for Fire Station #3. Mr. Dean said that he was talking with
Progress Energy regarding property for Fire Station #3. He said that will be a topic for discussion at
the Town Council Retreat.
12. Manager’s Report: Mr. Dean invited the Council Members to the
Holly Springs Chamber of Commerce event at 8 a.m. Tuesday, Feb. 22 at Devil’s
Ridge Golf Club and also invited the Council to hear Senator Richard Burr speak
at the Rotary Club meeting at 7:30 a.m. Wednesday, Feb. 23 at Devil’s Ridge
Golf Club.
Mr. Dean said regarding the school’s speed
limit times signs located on Holly Springs Road, NCDOT is working to correct
the problem.
13. Closed Session: The Council approved a motion to enter into
Closed Session, pursuant to NCGS 143-318.11(a)(5), to discuss matters regarding
sidewalk projects located on Holly Springs Road, Raleigh Street and Earp Street
and the need to acquire properties for right of way and temporary construction
easements.
Motion
By: Sack
Second
By: Cobb
Vote: Unanimous.
General Account
Closed Session – Feb. 15, 2011
In Closed Session, the Council
discussed with the Town Attorney the sidewalk projects located on Holly Springs
Road, Raleigh Street and Earp Street and the need to acquire properties for
right of way and temporary construction easements.
Mr. Schifano reported on the range of values
that have been determined for the sidewalk right of way, and he asked for the
Council’s authorization to set an amount within the range for him to pursue in
the negotiation process.
No action was taken in Closed Session other
than the motion to return to Open Session.
Councilman Sack made a motion to return to Open
Session, and it was seconded by Councilman Cobb. The vote was unanimous in favor of the
motion.
14. Adjournment:
There
being no further business for the evening, the Feb. 15, 2011 meeting of the
Holly Springs Town Council was adjourned following a
motion by Councilman Sack, a second by Councilman Cobb, and a unanimous vote.
Respectfully
Submitted on Tuesday, March 1, 2011.
_________________________________
Linda
R. Harper, MMC, Deputy Town Clerk
Addendum pages as referenced in these minutes follow and are a part of the official record.