A.   COMMENCEMENT

1.    Call to Order (Provided)

2.    Ceremonial Opening (Provided)

3.   Adoption of agenda (Removed agenda item H.2., consideration of appointments to the new environmental advisory board, and rescheduled this item for the 6/26/08 council meeting; approved amended agenda)

B.   CONSENT AGENDA

1.   Regular Consent Agenda (any regular consent agenda item pulled for discussion will be discussed at the end of the old/new business portion of the agenda, which is item H on this agenda)

a.   Consideration of approval of the minutes of the regular town council meeting held on May 29, 2008; the minutes of the joint meeting with the Wake County School Board held on April 15, 2008; the minutes of the May 13, 2008 community development block grant program and budget work session; and the minutes of the May 20, 2008 budget work session. (Approved)

b.   Consideration of appointing Mayor Pro Tem Julie Robison to serve as the alternate member from the Town of Cary on the Greater Raleigh Convention and Visitors’ Bureau Board of Directors. (Approved)

c.   Consideration of appointing Philip Schwehm to fill an unexpired term on the Sister Cities Commission. (Approved)

2.   Land Development Consent Agenda (any land development consent agenda item pulled for discussion will be discussed at the end of the land development discussion portion of the agenda, which is item F on this agenda)

a.   Site Plan 08-SP-003, Falcone Point at Old Apex Road
Request: The applicant, on behalf of Habitat for Humanity of Wake County, has requested Town Council consideration of approval of this site plan, which consists of seven semi-attached dwelling units on approximately 0.6 acre.  The applicant has also requested Town Council consideration of an associated waiver request for a vehicular connection to the adjacent townhouse development to the south.
Town Center Review Commission recommendation: unanimous to approve
Speakers: Mr. Kevin Hales and Ms. Julia Rudy
Proposed council action: council may take action (Approved)

3.   Operations Committee, June 5, 2008 (any committee consent agenda item pulled for discussion will be discussed at the end of the committee discussion portion of the agenda, which is item G on this agenda) (Mrs. Adcock)

a.   2008 Street Improvements Project Bid Award (EN08-100)
Committee unanimously recommended awarding the construction contract for the 2008 Street improvements project to Asphalt Experts at the contract bid price of $843,821.70.  Because bid pricing was considerably more competitive than anticipated by staff, committee further recommended adding the remaining streets by priority order based on Pavement Condition Rating (PCR) in addition to the bid package not to exceed the available balance of $1,958,573.  The award (by Council) represents a preliminary determination as to the qualification of the bidder and no legally binding acceptance of the bid or offer occurs until the Town has executed a written agreement. (Approved)

b.   Contract Award for the Swift Creek Parallel Force Main Project (EN08-102)
Committee unanimously recommended awarding a contract for consulting engineering services for design and construction administration services for the Swift Creek Parallel Force Main Project to HDR Engineering, Inc., and the appropriation of $700,000 within SW1170 from the Construction account to the Contracted Services account. (Approved)

c.   Wake County/Cary Suburban Fire District Agreement (FD08-005)
Committee unanimously recommended approval of a fire protection and emergency services agreement with Wake County for the Cary Suburban Fire District. (Approved)

d.   Appointment of Bond Trustee and Registrar (FN08-008)
Committee unanimously recommended approval of a resolution appointing The Bank of New York as successor trustee for the Town’s Revenue and COPs Bonds and the authorization of the Finance Director to execute necessary related documents. (Approved)

e.   Security of Information Policy (FN08-009)
Committee unanimously recommended approval of the proposed “Security of Information Policy”. (Approved)

f.    Finance Policy Changes (FN08-010)
Committee unanimously recommended approval of the Finance Operations and Reporting Policy, the Investment Policy and the new Internal Audit policy. Committee also unanimously recommended amendments to the existing Finance Policy. (Approved)

g.   Walnut Street Park Bid Awards (PR08-030)
Committee unanimously recommended awarding the construction contract including the nature trail and boardwalk of the Walnut Street Park project (PR1084) to Asphalt Experts Inc. in the amount of $1,352,262 and awarding to Piedmont Parks the purchase and installation of play equipment in the amount of $88,806 for a total estimated project cost of $1,717,079 (including site work, play equipment, signage and contingency funding) to be addressed via existing funds currently appropriated to the PR1084 Walnut Street project. This award by Council represents a preliminary determination as to the qualification of the bidder.  No legally binding acceptance of the bid or offer will occur until the Town has executed a written agreement. (Approved)

h.   Participation in a Low Flow Study of the Cape Fear River Downstream of Jordan Dam (PWUT08-029)
Committee unanimously recommended approval of entering into an agreement to participate with the Corps of Engineers, NCDENR, and other stakeholders in funding the USGS “Investigation of Apparent Flow Losses in the Cape Fear River between B. Everett Jordan Lake and Lillington, North Carolina”. Committee further recommended approval of the funding requirement, totaling $21,594, as part of the Cary/Apex Water Treatment Facility operating budget for Fiscal Year 2009. (Approved)

i.    Bid Award – 65 Gallon Roll Out Carts (PWUT08-030)
Committee unanimously recommended approval of utilizing the “piggyback” statute to piggyback the bid award of the City of Leesburg, Florida awarded June 25, 2007 for the purchase of approximately 34,000 65-gallon carts and 3,000 95-gallon carts from Schaefer Systems International, Inc. in the amount of $44.28 and $48.28 per cart respectively, for a total award of approximately $1,789,110 for the recently approved automated collection of curbside recycling, based on current resin prices of $.88 per pound. (Approved)

j.    Consideration of Modifying Fines for Violating Water Conservation Ordinances and Moving Fines to Town Budget Fee Schedule (PWUT08-031)
Committee unanimously recommended approval of modifications to the 36-80 Alternate Day Watering Ordinance, the 36-83 Water Waste Ordinance, the 36-84 Rain Sensor Ordinance, and the 36-81 Water Shortage Ordinance with the fees to be included in the FY09 Town Budget Fee Schedule. (Approved)

k.   Additional FY 2008 Appropriation for the Utility System Maintenance Division (PWUT08-032)
Committee unanimously recommended approval of an additional appropriation of $180,000 from revenue generated from the sale of water to the City of Durham to the impacted FY 2008 operating budgeting accounts for Utility System Maintenance division within the Utility Fund. (Approved)

l.    Additional FY 2008 appropriation for the Cary/Apex Water Treatment Plant (PWUT08-033)
Committee unanimously recommended approval of an additional appropriation of $195,000 from revenue generated from the sale of water to the City of Durham to the impacted FY 2008 operating budgeting accounts for the Cary/Apex Water Treatment Plant within the Utility Fund. (Approved)

m.  Consideration of Amendment to Durham Water Agreement (PWUT08-034)
Committee unanimously recommended approval of entering into the amendment to the water supply agreement with the City of Durham, which extends the existing interlocal agreement for mutual aid for water supply and allows for Durham to initiate design and construction of enhanced water supply system interconnections. (Approved)

n.   Ordinance Amendment to Add Two Volunteer Advisory Boards (TC08-006)
Committee unanimously recommended adoption of an amendment to the Town of Cary Code of Ordinances Chapter 2, Article V, Boards, Commissions and Authorities adding two new advisory boards. (Removed from the consent agenda for discussion; refer to item G.6.)

o.   Irrigation Meter Development Fee Recommendations (AD08-017)
Committee unanimously recommended that the potable irrigation meter development fee be set at $1,161 per meter (75% of the maximum calculated per meter fee of $1,548) and a reclaimed irrigation meter development fee of $581 to take effect on July 1, 2008. (Approved)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS 

1.   Presentation of the 2008 water conservation award. (Presented) 

D.   PUBLIC SPEAKS OUT (see official minutes)

E.   PUBLIC HEARINGS 

1.   BUDGET PUBLIC HEARING
Subject: This public hearing provides an opportunity for the public to comment on the Town of Cary’s Proposed Fiscal Year 2009 Budget, which identifies services and infrastructure projects to be undertaken by the Town from July 1, 2008 through June 30, 2009.
Speaker: Mr. Scott Fogleman
Proposed council action: conduct public hearing; council’s final action on the budget will occur at the June 26, 2008 council meeting  (Public hearing conducted; council will take action on the budget at the 6/26/08 council meeting)

2.   Street Closing – Yates Store Road right-of-way (portion of)
Subject: Consideration of adoption of a street closing order to close a portion of the Yates Store Road right-of-way.
Speaker: Mr. Tim Bailey
Proposed council action: council may take action (Approved)

F.   LAND DEVELOPMENT DISCUSSION ITEMS (any item pulled from the land development consent agenda for discussion [item B.2. on this agenda] will be discussed during this portion of the agenda)

N/A

G.   COMMITTEE REPORTS (discussion items)

Operations Committee, June 5, 2008 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda) (Mrs. Adcock)

1.   Climate Communities (AD08-016)
Committee requested that this item be forwarded to council for discussion and requested staff to provide additional information about ICLEI Local Governments for Sustainability, a comparison of dues for other organizations in which the Town belongs, and the additional benefits of Climate Communities beyond those provided through the Town's federal legislative agenda. (Approved membership to ICLEI; did not approve membership to Climate Communities)

2.   FY 2008 Annual Sidewalk Priority List to Include Rock Pointe Lane Sidewalk (EN08-101)
Committee requested that this item be forwarded to council for discussion so that District B representative Mr. Frantz, who has been working closely with the affected residents, can participate. (Approved to start over with the process)

3.   Fire and Building Code Improvements for Multi-Family Dwellings (FD08-004)
Committee requested that this item be forwarded to council for discussion because the proposed Town Code revisions relating to multi-family dwellings were in response to direction from council at the council/staff retreat. (Approved to allow staff to move forward with drafting the ordinance amendments)

4.   Animal Sheltering Services (PD08-017)
Committee requested that this item be forwarded to council for discussion for consideration of a possible 90-day extension of the current agreement with the SPCA. (This item was discussed in conjunction with item H.2., council-initiated agenda item; refer to item H.2.)

5.   Funding Construction of the Cupola for the Cary Community Arts Center Project (PR08-031)
Committee requested that this item be forwarded to council for full discussion. (Approved staff's recommendation; design will not include cupola or skylight)

6.   Ordinance Amendment to Add Two Volunteer Advisory Boards (TC08-006)
Committee unanimously recommended adoption of an amendment to the Town of Cary Code of Ordinances Chapter 2, Article V, Boards, Commissions and Authorities adding two new advisory boards. (Approved ordinance with a change to section 2-174 to stipulate that the council appoints the citizen issue review commission chairperson)

H.   OLD/NEW BUSINESS (any item pulled from the regular consent agenda for discussion [agenda item B.1.] will be discussed during this portion of the agenda)

1.   Proposed C-Tran Door-To-Door Fare Increases and Service Requirements
Subject: Consideration of the proposed fare increases and service requirement changes on C-Tran’s Door-to-Door transit services. The recommended changes to the Door-to-Door transit service include implementation of a new tiered service structure, fare increases, increase in age eligibility, and a discount fare adjustment.
Speaker: Mr. Ray Boylston
Proposed council action: council may take action (Maintained the $1 per 1-way passenger fare discount between 10 a.m.-3 p.m.; approved remainder of staff recommendations)

2.   Consideration of appointments to the new Environmental Advisory Board. (Removed from this agenda and rescheduled for the 6/26/08 council meeting)

3.   Consideration of a council-initiated agenda item proposed by Mr. Portman and co-sponsored by Mayor Weinbrecht to consider approving a citizen task force to study and make recommendations on developing a spay/neuter animal ordinance. The council may take one of the following actions: (i) Discuss the issue and take action at the meeting if no information is required from staff and if council does not seek public input, or (ii) Refer the request to the appropriate committee meeting, at which time a staff report with staff recommendation will be prepared, or (iii) Refer the request to a future council meeting, at which time a staff report with staff recommendation will be prepared, or (iv) Decide not to pursue the council initiated request.  (Approved a task force to review and make recommendations on the (1) animal sheltering options and (2) spay/neuter ordinance and/or incentives to reduce the shelter kill rate; appointments will be made at the work session on 6/18/08; the task force will initially meet in the next couple of weeks, and they will complete their work in 8-10 weeks)

AND:

      Animal Sheltering Services (PD08-017) (originally item G.4.)
Committee requested that this item be forwarded to council for discussion for consideration of a possible 90-day extension of the current agreement with the SPCA. (Approved a 90-day extension of the current agreement with the SPCA)

I.    CLOSED SESSION (called)

J.   ADJOURNMENT (9:50 p.m.)