Council Members Present: Mayor Glen Lang, Mayor Pro Tem Jack Smith, Council Members Marla Dorrel, Jennifer Robinson, Nels Roseland, Jess Ward and Harold Weinbrecht

Mayor Lang called the meeting to order at 6:30 p.m., and Mr. Ward provided the invocation.

_________________________

Mayor Pro Tem Smith reported on the official sister city trip to County Meath, Ireland, and he stated that Cary and County Meath will benefit from this twinning partnership.

_________________________

(Resolution is on file in the town clerk’s office and is incorporated in these minutes by reference.)

_________________________

(Resolution is on file in the town clerk’s office and is incorporated in these minutes by reference.)

_________________________

_________________________

_________________________

_________________________

REVIEW: On August 9, 2001, Town Council adopted a Condemnation Resolution (original staff report EN02-016) for the State Employees Credit Union. The property is located at 9101 Chapel Hill Rd and part of the NW Maynard Road Widening project. A design change was required to correct a greenway, permanent slope and temporary construction easement areas. The original resolution did not reflect these changes.

Staff is and will always maintain open lines of communication in order to negotiate a successful and amicable resolution to this process.

A RESOLUTION AUTHORIZING CONDEMNATION

TO ACQUIRE CERTAIN PROPERTY OF

State Employees Credit Union

WHEREAS, the governing body of the Town of Cary hereby determines that it is necessary and in the public interest to acquire certain property owned by State Employees Credit Union for the following public purpose:

To protect the public health, to provide the public with an adequate and sound transportation system, and to improve such system to meet the need for expanded or upgraded services, the Town of Cary is condemning the herein described easement interests, specifically, to construct and maintain the NW Maynard Road Widening Project.

WHEREAS, the proper officials or representatives of the Town of Cary have been unable to acquire the needed interest in this property by negotiated conveyance.

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE TOWN OF CARY, THAT:

1. The Town of Cary shall acquire by condemnation, for the purposes stated above, the property and easement interest in a portion of certain tracts described in Deed Book 7556 at page 51.

The property interest areas taken are more particularly described as follows:

PERMANENT SLOPE EASEMENT:

Commencing at the North Carolina geodetic survey monument "Crab" having NAD 83 state plane coordinates of North 760,724.6629 feet and East 2,064,634.1647 feet; thence South 16 degrees 09 minutes 49 seconds West for a distance of 15,979.17 feet to a new iron pipe in the eastern right-of-way of N.W. Maynard Road and also being the common corner of the property lines of Weather Stone Limited Partnership and the State Employees Credit Union, thence along said property line South 24 degrees 13 minutes 31 seconds East for a distance of 6.31 feet to the point of BEGINNING of the permanent slope easement; thence along a curve to the left having a radius of 7,721.21 feet, an arc length of 17.30 feet and a chord bearing and distance of North 55 degrees 24 minutes 25 seconds East, 17.30 feet to a point; thence North 51 degrees 07 minutes 56 seconds East for a distance of 242.62 feet to a point; thence South 38 degrees 52 minutes 04 seconds East for a distance of 9.08 feet to a point; thence South 53 degrees 27 minutes 45 seconds West for a distance of 39.93 feet to a point; thence along a curve to the right having a radius of 5,970.08 feet, an arc length of 123.03 feet and chord bearing and distance of South 50 degrees 24 minutes 40 seconds West, 123.02 feet to a point; thence South 51 degrees 16 minutes 55 seconds West for a distance of 50.85 feet to a point; thence South 10 degrees 50 minutes 53 seconds West for a distance of 35.35 feet to a point; thence South 47 degrees 36 minutes 54 seconds West for a distance of 28.29 feet to a point on the common property lines of Weather Stone Limited Partnership and the State Employees Credit Union; thence along said property line North 24 degrees 13 minutes 31 seconds West for a distance of 35.91 to the point of beginning; containing 3,156 square feet or 0.072 acres.

Commencing at the North Carolina geodetic survey monument "Crab" having NAD 83 state plane coordinates of North 760,724.6629’ and East 2,064,634.1647’; thence

S 14° 29’ 42" W 15,766.44’ to a new iron pipe in the southern property line of NC Highway 54 and also being the common corner of the property lines of the State Employees Credit Union and Hope Community Church of Cary, Inc., said iron pipe being the point of BEGINNING; thence S 50° 31’ 19" W 2.64’, thence N 43° 05’ 13" W 82.71’, thence N 44° 30’37" W 47.57’, thence N 60° 21’ 20" W 75.54’, thence N 89° 02’ 09" E 20.35’ to a new iron pipe; thence along a curve to the right having a radius of 909.93’, an arc length of 189.59’ and a chord bearing and distance of S 46° 27’ 47" E, 189.25’ to the point of beginning; containing 770 square feet according to a map by according to a map by Derward W. Baker & Associates, P.A. entitled N.W. Maynard Road Right-of-Way Dedication Plat for the Town of Cary, Wake County, North Carolina dated 5/12/00 and revised 7/24/00, 9/8/00, 10/26/00, 11/14/00, 12/01/00, 01/02/01, 08/07/01 and 08/21/01.

TEMPORARY CONSTRUCTION EASEMENT:

Commencing at the North Carolina geodetic survey monument "Crab" having NAD 83 state plane coordinates of North 760,724.6629’ and East 2,064,634.1647’; thence S 16° 03’ 57" W 16,011.35’ to a point in the southern property line of the State Employees Credit Union, said point being the point of BEGINNING of the temporary construction easement; thence N 47° 36’ 54" E 28.29’, thence N 10° 50’ 53" E 37.60’, thence N 46° 05’ 10" E 71.92’, thence N 53° 05’ 31" E 50.40’, thence N 56° 25’ 37" E 50.34’, thence N 53° 27’ 45" E 50.10’, thence N 53° 30’ 36" E 95.55’, thence N 89° 02’ 09" E 5.00’, thence S 54° 25’ 56" W 99.55’, thence S 52° 43’ 06" W 50.07’, thence S 49° 07’ 33" W 50.00’, thence S 45° 45’ 42" W 80.83’, thence S 29° 12’ 43" W 74.92’, thence S 50° 46’ 48" W 32.66’, thence N 24° 13’ 31" W 13.89’ to the point of beginning; containing 3,521 square feet.

Commencing at the North Carolina geodetic survey monument "Crab" having NAD 83 state plane coordinates of North 760,724.6629 feet and East 2,064,634.1647 feet; thence South 16 degrees 09 minutes 49 seconds West for a distance of 15,979.17 feet to a new iron pipe in the eastern right-of-way of N.W. Maynard Road and also being the common corner of the property lines of Weather Stone Limited Partnership and the State Employees Credit Union, thence along said property line South 24 degrees 13 minutes 31 seconds East for a distance of 6.31 feet to a point; thence continuing along said property line South 24 degrees 13 minutes 31 seconds East for a distance of 35.91 feet to the point of BEGINNING of the temporary construction easement; thence leaving said property line North 47 degrees 36 minutes 54 seconds East for a distance of 28.29 feet to a point; thence North 10 degrees 50 minutes 53 seconds East for a distance of 35.35 feet to a point; thence North 51 degrees 16 minutes 55 seconds East for a distance of 50.85 feet to a point; thence along a curve to the left having a radius of 5,970.08 feet, an arc distance of 123.03 feet and a chord bearing and distance of North 50 degrees 24 minutes 40 seconds East, 123.02 feet to a point; thence North 53 degrees 27 minutes 45 seconds East for a distance of 39.93 feet to a point; thence North 38 degrees 52 minutes 04 seconds West for a distance of 9.08 feet to a point; thence North 51 degrees 07 minutes 56 seconds East for a distance of 88.36 feet to a point on the new right-of-way line; thence along said right-of-way North 89 degrees 02 minutes 09 seconds East for a distance of 16.93 feet to a point; thence leaving said right-of-way South 50 degrees 53 minutes 11 seconds West for a distance of 91.52 feet to a point; thence South 52 degrees 43 minutes 06 seconds West for a distance of 50.07 feet to a point; thence South 49 degrees 07 minutes 33 seconds West for a distance of 50.00 feet to a point; thence South 45 degrees 45 minutes 42 seconds West for a distance of 80.83 feet to a point; thence South 29 degrees 12 minutes 43 seconds West for a distance of 74.92 feet to a point; thence South 50 degrees 46 minutes 48 seconds West for a distance of 32.66 feet to a point; thence North 24 degrees 13 minutes 31 seconds West for a distance of 13.89 feet to the point of beginning; containing 3,492 square feet or 0.080 acres according to a map by according to a map by Derward W. Baker & Associates, P.A. entitled N.W. Maynard Road Right-of-Way Dedication Plat for the Town of Cary, Wake County, North Carolina dated 5/12/00 and revised 7/24/00, 9/8/00, 10/26/00, 11/14/00, 12/01/00, 01/02/01, 08/07/01 and 08/21/01.

STREET RIGHT OF WAY:

Commencing at the North Carolina geodetic survey monument "Crab" having NAD 83 state plane coordinates of North 760,724.6629’ and East 2,064,634.1647’; thence S 16° 09’ 49" W 15,979.17’ to a new iron pipe on the eastern right-of-way of N.W. Maynard Road and also been the common corner of the property lines of Weather Stone Limited Partnership and the State Employees Credit Union, said iron pipe been the point of BEGINNING of the right-of-way dedication; thence N 24° 13’ 31" W 6.92’, thence N 50° 34’ 51" E 72.52’, thence along a curve to the left having a radius of 3,545.00’, an arc length of 139.93’ and a chord bearing and distance of N 48° 49’ 10" E, 139.92’, thence N 47° 41’ 19" E 166.06’, thence N 87° 54’ 57" E 69.56’, thence S 43° 22’ 38" E 79.95’, thence S 39° 32’ 25" E 152.15’, thence S 50° 31’ 19" W 0.67’ to a new iron pipe; thence along a curve to the left having a radius of 909.93’, an arc length of 189.59’ and a chord bearing and distance of N 46° 27’ 47" W, 189.25’ to a new iron pipe; thence S 89° 02’ 09" W 106.63’ to a new iron pipe; thence S 49° 46’ 51" W 80.54’ to a new iron pipe; thence along a curve to the right having a radius of 7,666.44’, an arc length of 157.93’ and a chord bearing and distance of S 50° 22’ 16" W, 157.93’ to a new iron pipe; thence S 51° 16’ 55" W 79.47’ to a new iron pipe; thence along a curve to the right having a radius of 7,715.00’, an arc length of 15.94’ and a chord bearing and distance of S 55° 24’ 13" W, 15.94’ to the point of beginning; containing 10,389 square feet according to a map by according to a map by Derward W. Baker & Associates, P.A. entitled N.W. Maynard Road Right-of-Way Dedication Plat for the Town of Cary, Wake County, North Carolina dated 5/12/00 and revised 7/24/00, 9/8/00, 10/26/00, 11/14/00, 12/01/00 and 01/02/01.

GREENWAY EASEMENT:

Commencing at the North Carolina geodetic survey monument "Crab" having NAD 83 state plane coordinates of North 760,724.6629 feet and East 2,064,634.1647 feet; thence South 16 degrees 09 minutes 49 seconds West for a distance of 15,979.17 feet to a new iron pipe in the eastern right-of-way of N.W. Maynard Road and also being the common corner of the property lines of Weather Stone Limited Partnership and the State Employees Credit Union, said iron pipe being the point of BEGINNING of the greenway easement; thence along a curve to the left having a radius of 7,715.00 feet, an arc length of 15.94 feet and a chord bearing and distance of North 55 degrees 24 minutes 13 seconds East, 15.94 feet to a new iron pipe; thence North 51 degrees 16 minutes 55 seconds East for a distance of 79.47 feet to a new iron pipe; thence along a curve to the left having a radius of 7,666.44 feet, an arc length of 157.93 feet and a chord bearing and distance of North 50 degrees 22 minutes 16 seconds East, 157.93 feet to a new iron pipe; thence North 49 degrees 46 minutes 51 seconds East for a distance of 80.54 feet to a new iron pipe; thence North 89 degrees 02 minutes 09 seconds East for a distance of 16.27 feet to a point; thence leaving said right-of-way South 51 degrees 07 minutes 56 seconds West for a distance of 88.36 feet to a point, said point being a common point of the greenway easement and the permanent slope easement; thence continuing South 51 degrees 07 minutes 56 seconds West for a distance of 242.62 feet to a point; thence along a curve to the right having a radius of 7,721.21 feet, an arc length of 17.30 feet and a chord bearing and distance of South 55 degrees 24 minutes 25 seconds West, 17.30 feet to a point on the common property lines of Weather Stone Limited Partnership and the State Employees Credit Union; thence along said property line North 24 degrees 13 minutes 31 seconds West for a distance of 6.31 feet to the point of beginning; containing 2,451 square feet or 0.056 acres according to a map by according to a map by Derward W. Baker & Associates, P.A. entitled N.W. Maynard Road Right-of-Way Dedication Plat for the Town of Cary, Wake County, North Carolina dated 5/12/00 and revised 7/24/00, 9/8/00, 10/26/00, 11/14/00, 12/01/00, 01/02/01, 08/07/01 and 08/21/01.

2. The attorneys representing the Town of Cary are directed to institute the necessary proceedings under NCGS § 40A-1, et. seq. as authorized by NCGS § 160A-240.1(a), (b) and § 296(a)(3) and/or other appropriate statutory provisions and local acts to acquire the property herein described.

 

(Resolution is also on file in the town clerk’s office.)

_________________________

REVIEW: The Bureau of Justice Assistance has approved the police department’s application for $24,717 in funding under the Local Law Enforcement Block Grant Program. The purpose of the Block Grant Program is to reduce crime and enhance public safety.

The Department proposes that the Council authorize the acceptance of $24,717 in grant monies from BJA. Further, the Department proposes that $2,746 in matching monies from the General Fund by allocated for expenditure as required by the grant. Council endorsement of these funding sources will provide for the purchase of the equipment items listed below:

40mm Foam Baton (Less than Lethal Weapons): The law enforcement community is in constant search for less than lethal alternatives to the use of deadly force. Currently, Department personnel are equipped with PR24 batons and pepper spray as less than lethal alternatives. However, each of these resources requires that the officer be in either direct contact with, or a few feet from a potentially armed and dangerous suspect. In each case the danger to the officer is increased due to the immediate proximity of the suspect. In contrast, the foam baton is launched from a hand-held launcher and is effective up to a range of 80 feet. The foam baton is designed to strike a disabling blow to an armed and/or dangerous suspect, without causing death or serious injury. The suspect is temporarily stunned and disabled by the weapon, thus providing officers with the opportunity to safely place the individual in custody. The Department proposes to purchase 10 of the weapons, along with practice rounds and duty rounds. One weapon will be assigned to each patrol team sergeant, thereby ensuring that every officer will have quick access to the technology. The total cost of the purchase is $17,150.

 

Expandable Batons & Carrier: Batons are an essential less than lethal force instrument that are issued to virtually all law enforcement officers. Currently, Cary police officers are issued the PR24 baton. The PR24 is a very versatile and effective tool for use both in self-defense and for the restraint of suspects. However, due to the size of the baton officers frequently leave the PR24 in the vehicle, rather than carrying it all times. For example, when making a traffic stop a police officer is trying to rapidly exit the police vehicle prior to being approached by the driver or passenger of the stopped vehicle. In doing so the officer frequently leaves the PR24 in the vehicle, thereby denying access to a very important self-defense tool. No amount of training or reminders has eliminated the problem. The Department is proposing to replace the less than lethal force baton currently available to an officer by issuing an expandable baton. The expandable baton is a small device that is worn in a carrier on the officers’ belt. Once deployed, the device quickly expands to become a 22" baton, fully capable of use for the self-defense of the officer or restraint of a suspect. Issuance of the expandable baton will greatly enhance the less than lethal force options available to police officers at a relatively small amount of cost. Total cost to equip all sworn personnel is $7,400.

 

Baton Training Pads: The training pads will be used by the Department’s defensive tactics instructors to teach officers how to use the expandable baton. The Department proposes to purchase six of the pads at a total cost of $780.

 

Training Suit: The training suit is worn during baton training and protects the wearer from injury. The suit allows the wearer to safely play the role of "bad guy", thereby providing officers in training with the opportunity to learn the appropriate techniques for striking with a baton. The purchase price of the suit is $1,200.

 

Presentation Board: Department personnel involved in police officer recruiting attend a number of job fairs and career days at local colleges and high schools. The primary tool used to enhance the recruiting visits is a well-worn presentation board that was purchased over 12 years ago. Attached to the board are the enlarged photographs of police employees "in action", along with pockets for recruiting brochures. The Department proposes to purchase a new presentation board that will allow for an enhanced display. The new board will be larger and customized to fit the exact needs of the Department. The estimated cost of the presentation board is $950.

 

Upon acceptance of the grant, the Federal funds ($24,717), and the Town’s match ($2,746) must be placed in an interest bearing trust account. All purchases will be made from the trust account, rather than the traditional Department expenditure accounts. In addition, the Department will be required to establish an advisory board to review the grant documentation and make non-binding recommendations on expenditures. Finally, the Town will be required to conduct at least one public hearing on the use of block grant funds prior to expenditure. All of these steps are consistent with past block grant requirements and present no compliance difficulties.

In summary, the Department proposes that the Town accepts $24,717 in block grant funds and provides for a $2,746 match in Town funds. The total funds in the amount of $27,463 will be placed in an interest bearing trust account. An existing advisory board will review the Department’s expenditure request, followed by a public hearing. The Department will then proceed with the expenditure of funds.

_________________________

Consent Agenda items 3 and 4 were pulled for discussion.

_________________________

Mr. Ward stated the Sierra Club is an advocacy group, and they endorse candidates. He stated he is opposed to the Town subsidizing an organization who officially endorses candidates.

Mayor Lang asked how surrounding communities handle this issue. Ms. Moran stated staff has contacted other North Carolina municipalities who have government access channels. She stated Raleigh and Chapel Hill allow the Sierra Club as well as others to hold forums. She stated the Sierra Club’s request is consistent with the existing government access policy, and if the Council decides that it is not appropriate for the Sierra Club to use the town’s facilities, then the Council may need to amend the policy.

Mr. Ward asked how the Sierra Club will conduct their forum (issue oriented or broad based topics). Ms. Moran stated the existing policy does not call for town staff to query interested organizations; instead, staff insures that the requesting parties meet the policy standard to give every candidate an equal opportunity to participate.

Ms. Dorrel asked if user groups are required to pay a rental fee for using the town hall facilities. Ms. Moran stated the Town has staff to handle the all the duties of televising the forums, and the Town does not charge for using in-house resources. Mrs. Rowland, town clerk, stated there are no rental charges.

_________________________

_________________________

No Council action was necessary.

_________________________

Chairperson Jess Ward called the meeting to order. Committee Members Jennifer Robinson and Harold Weinbrecht were in attendance. The meeting adjourned at 5:15 PM.

1. Relocation of required shade trees from parking areas at State Capital Soccer Park (PL02-005)
Committee recommended approval of the request to relocate the required shade trees to the outer edge of the eastern parking lot, to eliminate wheel stops from within this parking lot, and to utilize temporary parking lot striping when the grass area is needed for vehicular use.

The applicant, Envirotek, a local Architectural and Engineering firm representing the Capital Area Soccer League, recently submitted revised plans for the State Capital Soccer Park. The revisions include modifications to fields 6 and 7, adding an additional restroom/concession building, adding additional paved parking, converting all gravel parking to grass parking, constructing a pedestrian bridge between fields 6 and 7, and installing stream crossings at various locations which would be part of a cross-country trail system.

The cross-country trail would be used on a regular basis for high school and college training. It would also be used for invitational meets, regional meets, and, potentially, state final meets. The applicant advises that public high schools, private high schools, and NCSU have all expressed interest in using this facility for both training and competition. The applicant further advises that cross-country track events at this facility could attract statewide and regional participation.

The cross-country trail course would begin in a grass parking area located east of the soccer fields. This is the only area on site capable of supporting cross-country starting field dimensions (length, width, and depth) dictated by NCAA standards. The applicant is requesting approval to remove required shade trees out of the eastern grass parking area and to relocate the required trees along the edge of the parking area. No required trees would be eliminated, just relocated. The applicant is also seeking approval to remove concrete wheel stops from the grass parking area. The applicant has indicated that in lieu of wheel stops, the parking area would be temporarily striped during events which would utilize this parking area.

The taper or triangular shaped starting field located in an area east of the soccer fields is shown in dark gray on a drawing at the end of this report.

The eastern parking could serve a dual purpose: as striped grass parking when needed, and as the starting field area for a cross-country track. (As required by NCAA guidelines, the cross-country track starting field taper must be clear of obstructions, such as trees and wheel stops.) No required trees associated with the parking area would be eliminated, just relocated from within the parking lot to the outer edge of the parking lot.

_________________________

2. Request for Guidance on New Thoroughfare Bike Lane Construction Requirements (EN02-29)
Committee recommended that Town Council grant staff the authority to require developers to dedicate right-of-way for future bike lane construction and make a payment-in-lieu for the additional two fee of pavement on thoroughfares constructed to full width per previous thoroughfare plan.

The recently adopted Comprehensive Transportation Plan designates many Cary thoroughfares to have wide outside lanes (14’) to accommodate bike lanes. Many of these thoroughfares have already been constructed to their full width per the previous thoroughfare plan (12’ outside lanes). Several site plans which front such thoroughfares have been submitted since the adoption of the Comprehensive Transportation Plan. Per Town Ordinance, each site plan must meet current thoroughfare plan requirements. In the instance where a site fronts a thoroughfare constructed to the previous thoroughfare plan requirements, existing curb and gutter and sidewalk must be demolished, removed and then replaced only to add two more feet of pavement to the outside travel lane. In order for the site plan to be approved, Town Council must approve a waiver from the requirement to construct the additional two feet of pavement or the widening must be done. Staff anticipates this issue to be a common occurrence and would like the authority to waive/enforce this requirement for each site plan affected based on Town Council directive. Staff offers three alternatives to address the issue.

Require developers to:

Construct the additional two feet of pavement and dedicate right-of-way per the new thoroughfare plan.

Dedicate right-of-way for future bike lane construction with a payment-in-lieu for the additional two feet of pavement.

Dedicate right-of-way only for future bike lane construction.

Staff feels that adding bike lanes to full width thoroughfares would best be handled in one project instead of having sporadic widening as small sites with minimal frontage develop/re-develop along these roadways.

_________________________

_________________________

Mr. Barker’s power point presentation is attached to and incorporated in these minutes as Exhibit A.

Mr. Ward asked what services these people will receive from Cary if they are annexed. Mr. Barker stated they will receive emergency services, public works services (garbage and recycling), they would be eligible to participate in Town programs (at the resident fee), and they will have an opportunity to vote.

Mr. Ward asked the Town’s policy regarding street upgrades to annexed areas. Mr. Bailey stated the Town’s ordinance requires curb and gutter in areas that are not in reservoir watershed protection districts. He stated 2/3 of the Town does not require curb and gutter. He stated the Town has a mechanism by which property owners can request curb and gutter and sidewalk through assessment by petition of the property owners if the property owners would like these improvements prior to the Town’s regularly scheduled street improvements project.

Mr. Barker stated that under the current proposal, only the homeowners petitioning for water and sewer service would be required to connect. He stated the utility development fee will be waived if the connection is made within a six-month period after the utility is available. He stated if the property owner does not connect within the six-month period, then if they ever decide to connect, they would pay full development fees. Mr. Barker stated the assessment begins upon connection, and if property owners do not connect, the first assessment will be 10 years after the line is extended. He stated sometimes it takes up to two years to install the line and begin the assessment process, and this may be 12 years prior to the assessment – if the line is extended past their property.

Mrs. Robinson stated many people are concerned that they will be forced to connect if a neighbor’s well fails. Mr. Barker stated this is not true based on the current proposal.

Ms. Dorrel stated homeowners will be forced to pay the assessment after 10 to 12 years, whether or not they tap onto the system. Mr. Barker concurred, and he added that the assessment can be paid over a 10 year period. Mayor Lang stated if the homeowner chooses to not hook-up to Town water or sewer, then they do not have to pay the cost of running a line from their house to the main line, and they do not have to pay a development fee. Mr. Barker stated if a homeowner at any time wished to make improvements to his/her property that would increase the demand on the system or require expansion to the well or septic system, then they would at that time be required to connect. Mayor Lang asked if the Council could exempt a homeowner from this requirement if they chose to do so. Mr. Barker stated this would require an ordinance amendment.

Mr. Weinbrect stated a while back Mrs. Robinson asked that staff investigate a no assessment option. Mr. Barker stated this is part of the Town’s comprehensive financial evaluation of the options. Mayor Lang reiterated the staff will present an option where there is no assessment except for a voluntary assessment, and in this option, the only cost to the homeowner is Cary taxes. Mr. Barker agreed that this will be one of staff’s proposals.

Mr. Barker stated there are approximately 450 parcels that currently receive Town utilities but are not annexed. He stated the Town also has properties that are annexed but do not have utilities or only one utility. He stated annexation does not always equate to utility service. He added that property taxes are not used to pay for utility services, as this is done through the development fees and user base.

Mr. Coleman stated the Town’s financial structure is based on two funds: (1) the general fund (the operating funds for general government services), and the general fund is supported by property taxes, sales taxes, and other state shared taxes; (2) enterprise fund (water and sewer fund). He stated the Local Government Commission strongly urges all local governments to separate general fund services from enterprise funds. He stated the revenues from Cary water and sewer fees go towards the cost of operating the system, and the user fees that customers pay for these services cover the cost of the operation of the utility system.

Ms. Dorrel asked if people in the unannexed areas contribute to Cary’s sales tax revenue. Mr. Coleman responded that these people currently do not contribute to any sales tax that Cary receives. He explained that sales tax is based on Cary’s population inside its corporate limits.

Mr. Ward asked if the Council has the authority to go against the suggestion of the Local Government Commission (regarding keeping the two funds separate). Mr. Coleman stated the Council could decide to support the utility system with general fund revenues; however, he stated when the Town does debt financing, they would pledge the revenue support of the system to support that debt. He stated if the revenues of the system did not cover the debt, then there may be problems obtaining the most favorable interest rate. He stated there are often people on the utility system who do not live inside the city limits and who do not pay property taxes, and he stated if property taxes were used to support the utility system, then the people inside the city limits who pay property taxes would subsidize utility service for the people who live outside the city limits.

Mr. Ward asked about the decision already made by Council to finance the acquisition of open space through the utility fund. Mr. Coleman stated this is related primarily to the protection of water quality and making sure that critical water supply areas do not develop at a rate that would damage water quality. Mayor Lang added that everyone that uses the utility system – people inside and outside the town limits – help to fund the open space acquisition.

Ms. Dorrel asked if there are any current annexed parcels that do not receive Cary water and sewer. Mr. Barker responded affirmatively, and he responded that most of these annexations were the result of the Council’s policy that emergency annexations will not be done in the future, so property owners requested annexation but did not need utility service.

Mayor Lang asked what the Hollybrook residents would have to pay to get town water (they already have town sewer). Mr. Barker stated they would have to pay 100% of the cost plus the development fee, and they would have to annex. Mayor Lang stated recently the planning and development committee recommended and Council approved a request to alleviate some of the fees associated with a connection.

Mrs. Robinson asked if the property owners who have voluntarily annexed would pay the same as the property owners involved in the involuntary annexation. Mr. Barker stated the same policy would apply to both groups of people.

_________________________

Mr. Jerry Turner of Jerry Turner and Associates stated any change they make will change some buffers, and they would be required to seek a PUD amendment from the Town Council. He stated they desire to add the piece of the Hawes property to the PUD, and they are agreeable to limiting the waiver to only the portion of the Hawes property.

_________________________

Mr. Henderson stated if the Council discusses a lawsuit in closed session, then the open meetings law requires a report in open session when the lawsuit is settled. He stated the Carpenter Village water allocation lawsuit has been settled. He stated the Town has allowed this development to pay the fees they would have paid had they developed on their schedule. He stated the Town has offered the developer credits in the amount of $142,000.

(Refer to Exhibit B attached to and incorporated in these minutes for the paperwork regarding the dismissal of this lawsuit.)

_________________________

Ms. Martha Dickerson, 1232 Fairlane Road, Cary, stated stated the Walnut Street interchange that is proposed now will be bad for the Hillsdale Forest neighborhood. She stated there are numerous alternatives that have not been explored, and several homeowners in her neighborhood will meet with the State’s engineering office to discuss alternatives. She stated that Crossroads is the reason for the traffic problem, but the proposed alternative will cut off the head of their neighborhood and the entrance. She added that the current plan does not provide a noise wall. She stated she is not clear the extent of Cary’s participation in this project. She stated there were some questions at the State’s public hearing that Cary staff need to answer; therefore, she stated the State has committed to another public hearing, and she encouraged staff to attend this public hearing.

Mr. Darryl Black, 300 Wyatts Pond Lane, Cary, stated he is a Town Council candidate who wants to run an issues-based campaign without third party interference. He stated a petition was recently submitted to request that the Town postpone the $200,000 public relations campaign until after the election. He stated he is opposed to his tax dollars being indirectly used to assist political races that are against his privately funded race. He stated the theme of this public relations campaign strongly resembles the campaigns of certain candidates, and incumbants would have an advantage in the campaign.

Mr. Nelson Dollar, 125 Long Shadow Lane, Cary, stated the Town is currently reviewing its options for a fiber optic overlay. He stated the media has reported that Piedmont Communications as well as other companies are experiencing difficulties in securing capital financing for this type of project (competing cable system). He stated any option that would require the Town to finance this (at an approximate cost of $40 million) should be rejected, because this is a lower priority for the Town than other issues. He stated it is questionable whether the State Utilities Commission would allow the Town to offer telephone service on the other cable, even if it is built. He encouraged the Town to move forward with the implementation of the traffic system improvement program in an open bid process.

_________________________

The current cable television franchise agreement is set to expire in September and, therefore, needs again to be extended to allow for renewal negotiations to occur after the Town resolves its fiber optic overlay project.

On November 18, 1988, Time Warner Cable (formerly Alert Cable of NC and Cablevision Industries, Inc.) was granted a ten year franchise agreement to operate a cable communications system in Cary, NC. This agreement was extended by Council for an additional 120 days to expire on March 21, 1999, extended a second time for 180 days to expire on September 17, 1999, extended a third time to expire on September 16, 2000, and most recently extended to now expire on September 16, 2001.

NC Law requires a cable company to have a franchise agreement in order to operate. TWC’s current Agreement must be extended again if the company is to continue providing service to Cary citizens.

A public hearing is necessary, followed by a second reading of the extension at the subsequent Council meeting at which time Council may extend the existing agreement per the attached Order.

ORDER EXTENDING

CABLE TELEVISION FRANCHISE AGREEMENT

OF TIME WARNER CABLE

FOR AN ADDITIONAL YEAR

Whereas, on November 18, 1988, the Town of Cary granted a ten (10) year, non-exclusive franchise agreement to Time Warner Cable (TWC) to operate a cable television system within Cary, NC; and

Whereas, this Agreement was extended for 120 days to expires on March 21, 1999; and

Whereas, this Agreement was then extended for another 180 days to expires on September 17, 1999; and,

Whereas, this Agreement was then extended for another year to expires on September 16, 2000; and,

Whereas, this Agreement was most recently extended for another year to expires on September 16, 2000; and,

Whereas, more time is needed for the Town and TWC to finalize a new agreement and bring it through the public process;

Therefore, the Town of Cary invokes a decision to extend the existing Franchise Agreement of TWC for an additional year, expiring September 16, 2002, to bring good-faith negotiations to a close. TWC remains subject to this Franchise Agreement and all federal, state, and local laws and regulations as may be amended from time to time.

This Order shall be effective upon adoption.

ADOPTED, this the 13th day of September, 2001

No one came forward to speak, and Mayor Lang closed the public hearing.

Mr. Henderson, Town Attorney, stated he would prefer that the Council made a motion to approve this item on the first reading and then refer it to the September 13, 2001, agenda for the second reading and final action.

_________________________

In 1999 staff approved a new road named Millsford Court for the Windermere Subdivision.

There was already an existing street near downtown Cary called Milford Court. Because of the difference in spelling of the road name, the computer database did not pick up on the similarity.

When saying the names, however, it is obvious that they are very similar and could be confused in the event of an emergency. The Fire and 911 Communications Departments have advised that the name of Millsford Court be changed.

There are eight homes on the new street. Staff has explained the situation to John Wieland Homes and to Mr. and Mrs. Joseph Kowilich. Currently, these are the only two property owners on this street. These owners advised staff that they would not oppose a road name change.

No one came forward to speak, and Mayor Lang closed the public hearing.

_________________________

Public Hearing

On August 9, 2001, a public hearing was held before Council on the proposed ordinance amendments. No one from the public spoke on the proposal.

Planning & Zoning Board Recommendation

On August 20, the Planning & Zoning Board considered the proposed amendments. The Board agreed with continuing the current limits on residential development for a few more months to enable staff and consultants to finalize the permanent rate-of-growth system. The members also agreed with staff’s recommendation to let the water allocation provisions for nonresidential development expire on September 1, 2001 as provided for in the existing ordinances.

However, the Board expressed concerns with extending a temporary ordinance adopted to address a water shortage situation for an indefinite period of time now that the water plant has come on-line. One member was also concerned because the ordinance is being extended to facilitate the adoption of the RATE ordinance, the purpose of which ordinance is to manage overall growth and not simply to address a water crisis.

Instead of the open-ended language provided by staff, the Board voted 8-0 to recommend to Council that the existing provisions affecting residential development should expire on March 1, 2002 or earlier when superseded by a permanent system. Planning and Legal staff support this change. Hence, the second sentence of both 19-14 (a) of the Code of Ordinances and 5.6.11 (a) of the UDO should be amended as follows to reflect the Planning & Zoning Board’s recommendation:

"Accordingly, the provisions of this section for residential development shall expire on the earlier of March 1, 2002, or the effective date of a permanent growth rate system which will address the rate of growth to ensure the provision of adequate municipal infrastructure and services."

 

On January 13, 2000, the Cary Town Council adopted a Growth Management Plan that contained several guiding principles to guide and control the rate of the Town's growth, including Principle R1, which stated, "ensure that adequate infrastructure and services are available concurrently with new development". To implement this principle, the plan lists both short and long-term strategies. The short-term strategy was to continue the temporary Water Allocation System to reduce near-term stresses on the Town's water supply. The long-term strategies included identifying a sustainable long-term rate of growth and developing a permanent growth rate management system that will ensure that development will not unduly burden the Town's infrastructure and services.

The existing Water Allocation System (adopted in 1998) has successfully reduced short-term impacts on the Town's water supply by limiting water connection approvals for both residential and non-residential development. The ordinance implementing this system, however, was intended to be temporary until additional water supply becomes available to the Town by expansion of the Water Treatment Plant. The current ordinance contains a September 1, 2001 expiration date.

Staff has been working with our consultants over the last year to produce a permanent growth rate management system that is intended to replace the temporary Water Allocation System for residential development and also implement other goals of the Growth Management Plan. Over the year staff has refocused the system several times to create a process that is simple, fair, and achieves Council's goals while also effectively functioning within our development review process. Currently, staff is finalizing comments on the second draft ordinance and developing detailed process flow charts that will be given back to the consultants for final ordinance development. Although nearing completion, this rate system will not be implemented before the Water Allocation System Ordinance expires on Sept 1, 2001. The current schedule for completion of the new rate system shows a tentative adoption date in December 2001, with an effective date of January 1, 2002.

To avoid a lapse in control of the rate of residential development and subsequent potential impacts to the Town's water supply, and also to assure a smooth transition between systems for both staff and the development community, staff is proposing a minor amendment to the existing Water Allocation System Ordinance at this time. This amendment is proposed to simply extend the expiration date of the Ordinance for residential projects to coincide with adoption and implementation of the permanent residential growth rate system. The existing expiration date of September 1, 2001 is not proposed to change for non-residential development.

Since the Water Allocation System has elements present in both the Code of Ordinances and the Unified Development Code, several changes to both are necessary to effectuate this change, as shown below. Although amendments to the Code of Ordinances do not require a public hearing or approval by the Planning and Zoning Board (as is required for UDO amendments), to simplify the processing of this request, staff recommends that both proposed amendments proceed through the full public hearing and P&Z Board processes at this time.

As currently proposed, the proposed ordinance amendments would mean -

Single family residential projects would remain subject to the current Water Allocation Ordinance after September 1 and until the permanent system is implemented. However, since there is currently little demand for the single family units, and annexation of new residential projects are subject to approval on a case by case basis, such a change should not have a significant impact.

 

Multi-family residential projects would remain subject to the current Water Allocation Ordinance, which limited MF units for calendar year 2001 to 475 units. The Permits and Inspections Dept reports that all of the available units for 2001 have been issued to date. The Dept also reports that some developers may be interpreting the existing ordinance to mean that after the Sept 1 expiration date there would no longer be a limitation on the number of MF units that could be permitted. Staff, however, interprets the existing ordinance to mean that 475 units were available for the entire 2001 calendar year (just as they were for 2000), and just because they have all been used up for this year does not warrant the creation of additional allotments, either now, nor after September. Additional allotments should only be considered necessary if for some reason the new permanent system is delayed and will not become effective by Jan 2002, as is currently targeted. If that occurs, staff will propose another amendment to the Water Allocation Ordinance to allow additional connection approvals for both single and multi-family units to be available after the first of the year.

 

Non-residential development will not be subject to the Water Allocation Ordinance after September 1, 2001. Thus, Section (e) of the Ordinance will become void after this date. This proposal is in keeping with Council direction on the proposed permanent growth rate system, currently under development, which will only apply to residential development. This is also consistent with Council's direction to staff to encourage and promote (not restrict) non-residential development in order to improve the Town's tax base, while at the same time controlling the rate and amount of residential development and population growth to protect community services and quality of life issues.

 

The Town has already lifted the ban on installing "irrigation-only" meters. The Operations Committee recommended approval of reinstating the installation and fees of irrigation only water meters at its August 31, 2000 meeting, with final Council approval on 9/14/00 (see the 9/14/00 minutes for additional information). To clean up the wording of the ordinance, this section is proposed for removal from the ordinance at this time. (NOTE: It was discovered after the meeting that the codification company never initially codified the statement about irrigation meters, as it pertained to a policy decision and not to an ordinance.)

 

Section 19-14 (a) and (c) of the Cary Code of Ordinances are rewritten to read as follows:

19-14. Water Connection Allocation System

(a) The provisions of this section are intended as a temporary measure to limit the rate at which new connections to the Cary water utility system are authorized until additional water supply becomes available to the Town. Accordingly, the provisions of this section for residential development shall expire on the earlier of March 1, 2002, or the effective date of a permanent growth rate system that will address the rate of growth to ensure the provision of adequate municipal infrastructure and services. The provisions of this section (primarily Section e) as applicable to non-residential development only, shall expire on September 1, 2001.

(c) Single-family residential lots other than those identified in subsection (b) have been subject to the limitations on the rate at which such lots could be created set forth in Section 5.6.11 of the Unified Development Ordinance. The cited section continues to limit the number of new single-family lots that can be created between the effective date of this section and implementation of the permanent growth rate system (the expiration date of this section and Section 5.6.11 of the Unified Development Ordinance). Therefore, at present, no additional limitations on utility connections for such lots are needed under this section, and all lots created in accordance with the cited sections may obtain a water utility connection approval upon application, if and to the extent that a water utility connection approval is sought to construct on such lot a single-family dwelling or duplex.

Adopted: 8/23/01

Effective: 8/23/01

Section 5.6.11 (a) of the Unified Development Ordinance is rewritten to read as follows:

5.6.11. Temporary Limitations on Final Plat Approvals for Single Family Residential Lots.

 

(a) The provisions of this section are intended as a temporary measure to limit the rate at which new, single family residential lots are created until additional water supply becomes available to the Town. Accordingly, the provisions of this section shall expire on the earlier of March 1, 2002, or the effective date of a permanent growth rate system that will address the rate of growth to ensure the provision of adequate municipal infrastructure and services.

Adopted: 8/23/01

Effective: 8/23/01

Mr. Zaccardo reiterated that the Board recommends approval of this ordinance, with the exception of the expiration date of this ordinance. He stated the Board recommends that this ordinance expire March 1, 2002, or earlier when superseded by a permanent growth rate system. (This language is included in the ordinances.)

(Ordinances 01-015 and 01-016 are also on file in the town clerk’s office.)

_________________________

See past minutes (dates are referenced herein) for previous documentation on the Open Space and Historic Resources Plan.

Staff began work on the proposed Open Space and Historic Resources Plan (OSHRP) in January 2000. On May 11, 2000, Town Council approved a workplan and timetable for the OSHRP. Resource assessments and analyses were conducted during the period June 2000 – February 2001. The Planning Department presented the proposed Open Space and Historic Resources Plan to the Town Council at a work session on March 1, 2001.

A ‘public input phase’ was conducted during April and May, and four Community Information Meetings were held during this period. Citizens responded to the draft Plan and provided comments on open space preservation priorities.

The Open Space and Historic Resources Plan sets forth a plan of action to identify and protect the Town’s natural resources and historic landscapes. The OSHRP identifies, evaluates, and prioritizes resources, establishes preservation goals, and guides the implementation of an open space preservation program. The Plan identifies parcels with significant resource value and open space potential, and ranks them according to resource significance, threat of loss, and other factors. A ‘preservation toolbox’ helps to determine the appropriate acquisition and financing strategy for each priority parcel. The Plan envisions an interconnected open space system linking nearly 12,000 acres of existing open space and parklands with potential open space areas.

A public hearing on the Open Space and Historic Resources Plan was held on June 14, 2001. Following the public hearing, a joint work session of the Planning & Zoning Board and the Parks, Recreation, & Cultural Resources (PRCR) Advisory Board was held on June 18, 2001, prior to the June P&Z Board meeting.

The Planning & Zoning Board and the PRCR Advisory Board requested additional information and clarification on several aspects of the OSHRP, categorized as follows:

Areal Extent of the Proposed Open Space System

Conservation Subdivision Design: Description of the Process, Conservation Developments: Economic Aspects, Marketability, and Case Studies

Description of the TDR (Transfer of Development Rights) Concept

 

Reports were prepared for each of these topics, which were incorporated as Technical Appendices in the draft OSHRP.

Advisory Board Recommendations

The Planning & Zoning Board unanimously recommended adoption of the OSHRP at their meeting of July 16, 2001 with the following suggestions:

Focus using acquisition funds for the protection of natural habitat and scenic areas;

Continue to refine the plan based on an on-going scientific study of wildlife viability as well as continued recognition of the historic value of cemeteries.

 

The Parks, Recreation and Cultural Resources Advisory Board Advisory Board voted to unanimously recommend approval of the plan at their August 13^th meeting with the following recommendations:

Emphasis should be placed on conservation of environmentally significant lands, passive recreation, and greenway connectivity;

To ensure long term success of the plan, at least one full time equivalent staff is considered to implement the plan.

 

The majority of the PRCR Board with one abstention also approved the following recommendation:

To ensure sufficient funding for the acquisition of park land, open space, and greenways, alternative means of funding should be sought for any future land acquisition for public golf course development.

 

Mr. Zaccardo’s power point presentation is attached to and incorporated in these minutes as Exhibit C.

Town Manager Coleman clarified that one of the recommendations of the Parks, Recreation and Cultural Resources Advisory Board is the addition of a staff member. He suggested that Council instead allow staff to evaluate the need for additional staff. The Council concurred.

Mayor Lang stated he would like to see staff focus on natural areas and preserves that are in Cary, and he stated all of the open space should not be on the external border of Town or in Cary’s ETJ. He stated a small parcel of land as open space in a neighborhood may actually be appreciated by more of the citizens.

Mrs. Robinson stated parcels should be accessible to the public (i.e., via greenway).

Mr. Ward complimented staff and boards/commissions for their hard work on this plan.

Mr. Roseland stated open space should be incorporated in the land use data to help with future land use decisions.

The approved plan is attached to and incorporated in these minutes as Exhibit D.

_________________________

Mayor Lang adjourned the meeting at 7:58 p.m.