A.   COMMENCEMENT

1.   Call to Order (Provided)

2.   Ceremonial Opening (Provided)

3.   Adoption of agenda (Adopted)

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 G on this agenda)

a.   Consideration of approval of the minutes of the regular town council meeting held on July 26, 2007. (Approved)

b.   Consideration of adoption of the July 2007 tax report. (Approved)

c.   Consideration of appointing Assistant Town Manager Ben Shivar as interim deputy clerk for the time period August 16-19, 2007. (Approved)

2.   Operations Committee, August 2, 2007 (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 F on this agenda)

a.   Railroad Cost Agreement – Railroad Grade Crossing Repairs (EN08-012)
Committee unanimously recommended entering into the railroad construction cost agreement between NCDOT, CSXT and the Town of Cary, reimbursing the CSXT a maximum of $114,015 to upgrade the railroad crossing surface of North Academy Street and entering into an agreement with CSXT to reimburse design costs up to a maximum of $16,500. (Approved)

b.   Streetscape Underground Utility Considerations (EN08-013)
Committee unanimously recommended authorizing a new water capital project for $1,313,000 and a new sewer capital project for $1,278,000 to replace existing infrastructure in the areas of the previously authorized streetscape project for a total of $2,591,000. (Approved)

c.   Streetscape Street Maintenance Considerations (EN08-014)
Committee unanimously recommended that the Town assume maintenance of all roads in the Master Plan except for Chapel Hill Road resulting in more flexibility in design to realize the vision proposed in the Downtown Cary Streetscape Master Plan. (Approved)  

d.   West Reedy Branch Gravity Sewer Preferred Alignment (EN08-016)
Committee acknowledged information provided concerning the preferred alignment for the West Reedy Branch Interceptor has been provided to Council for information. (Approved)

e.   Beaver Creek Force Main Preferred Alignment (EN08-017)
Committee acknowledged information provided concerning preferred alignment of Beaver Creek Force Main. (Approved)

f.    Webster Street Drainage Improvements – Additional Funding (EN08-018)
Committee unanimously recommended that $250,000 be transferred from GG1067 to GG1063 to cover additional costs needed to complete the Webster Street Drainage Improvements project. (Approved)

g.   Bid Award – Holt Road Waterline Extension Phase I (EN08-019)
Committee unanimously recommended awarding the Holt Road Waterline Extension Project in the amount of $114,844 to J.F. Wilkerson Contracting Co., Inc., with an appropriation of $59,000 in utility capital reserve unrestricted fund balance to WT1143 Holt Road Waterline Extension to be budgeted within the WT1143 construction account for expenditure to provide the funds needed to meet the construction bid award as well as a 10% contingency. (Approved)

h.   Condemnation Resolutions for Black Creek Greenway Easements (EN08-020)
Committee unanimously recommended adoption of condemnation resolutions for Black Creek Greenway easements. (Approved)

i.    Easement Request from PSNC (EN08-022)
Committee unanimously recommended approval of a request from PSNC for an easement across Town property located on Kildaire Farm Road. (Approved)

j.    Additional Funding for the Davis Drive North Project ST 1102 (EN08-023)
Committee unanimously recommended approval of a request for additional funding for NCDOT project U-4026A by appropriating $1,650,000 of FY 2005 transportation general obligation debt to be budgeted within the land/site acquisition account of ST1102 for expenditure which will bring the total ST1102 project budget to $7,440,000. (Approved)

k.   Miscellaneous Budget Ordinance Changes (FN08-02)
Committee unanimously recommended implementation of ordinance changes related to bond funded projects, Western Wake Regional Wastewater Management Facility and other miscellaneous projects and funds as follows:

(1)  Recognizing $302,910 of investment earnings in the Streets Project Fund ($58,949 in ST1029 and $243,961 in ST1047) and, therefore, returning $302,910 to the Capital Reserve Fund ($30,000 unrestricted, $28,949 vehicle license fees and $243,961 Transportation Development Fees);

(2)  Changing the source of funds in the amount of $99,178 in project WT1149 within the Water Projects Fund from 2001 Water Bonds to Unrestricted Utility Capital Reserve;

(3)  Returning $110,550 of sewer restricted funds budgeted in sewer project SW1125 in FY07 and FY08 to the Utility Capital Reserve and as a replacement recognizing $73,062 in reimbursement from Apex and $14,502 in reimbursement from Holly Springs and appropriating the remaining $22,985 from Utility Operating Fund fund balance for Morrisville’s portion and transferring it to the Sewer Project Fund for project SW1125;

(4)  Changing the source of funds in the amount of $200,000 in General Governmental Fund project GG1080 from unrestricted funds in the Capital Reserve to a developer reimbursement and authorizing necessary transfers to charge $50,000 of internal labor cost to this project and reimburse the General Fund for these expenses; and,

(5)  Reducing the CDBG revenue budget and the corresponding expenditure budget in the CDBG Special Revenue Fund by $467,234. (Approved)

l.    Recognition of Grant Award (PD08-004)
Committee unanimously recommended the following amendments to the FY 2008 budget in recognition of year two funds awarded by the North Carolina Governor’s Highway Safety Program:

(1)  Recognition of $72,396 in federal grant fund revenue into the General Fund as awarded by the Governor’s Highway Safety Program to the General Fund Justice Assistance account, and,

(2)  Approval of the addition of $72,396 to General Fund fund balance since these positions were fully funded as part of the FY 2008 budget which effectively reimburses the Town of Cary for costs already anticipated in the current budget. (Approved)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

N/A

D.   PUBLIC HEARINGS

N/A

E.   PUBLIC SPEAKS OUT (see official minutes)

F.   COMMITTEE REPORTS (discussion items)

Operations Committee, August 2, 2007 (any item pulled from the committee consent agenda for discussion [agenda item B.2.] will be discussed during this portion of the agenda)

N/A

G.  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)

N/A

H.   CLOSED SESSION (called)

J.   ADJOURNMENT (7:12 p.m.)

Please contact the Cary Town Clerk with any questions about this action agenda. The e-mail address is sue.rowland@townofcary.org, and the phone number is (919) 469-4011. Visit our Web site at www.townofcary.org for more detailed information about each agenda item.