Chairperson Harold Weinbrecht called the meeting to order at 11:30 a.m. Committee Members Jennifer Robinson and Jack Smith were in attendance. The meeting adjourned at 12:10 p.m.

1. TEA21 Enhancement Agreement (PR02-26)
Committee recommended approval of an Enhancement Agreement with NCDOT for $231,00 in funding for the Black Creek Greenway, Phase IV.

In October 2000, the North Carolina Department of Transportation Enhancement Program approved a grant request for $231,000 to Parks, Recreation and Cultural Resources Department for the construction of the Black Creek Greenway, Phase IV, which will extend from Godbold Park to Bond Park. Town Council endorsed the grant application to the North Carolina Department of Transportation Program in May of 2000.

The Transportation Enhancement Program (TEA21) is a federally funded program to promote diverse modes of travel, increase the community benefits of transportation, improve safety, protect the environment and public health, and to improve the quality of life of citizens. The program is administered by the Department of Transportation (DOT) and is a cost reimbursement program and not a grant.

DOT has submitted the Enhancement Agreement for Town Council approval.

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

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2. Revisions to Athletic Field Rental Policy (PR02-25)
Committee recommended approval of an updated PRCR athletic field reservation and rental policy.

With the addition of two new softball complexes (Thomas Brooks Park and Middle Creek Park), staff has been working with the PRCR Athletic Committee to update the athletic field rental policy and procedures. Staff is recommending expanded and individualized field reservation opportunities to make it easier for the public to understand and use the new system in place.

In keeping with the priority schedule listed in the policy (below), there are additional opportunities for athletic field use.

a. Town sponsored programs and activities

b. Programs/activities planned and directed by groups sponsored or co-sponsored by the Town of Cary;

Rental/Use by private, non-profit organizations, individuals, etc.

The intended use of the new softball complexes, as listed above, is to provide Cary residents more needed fields for Town league and tournament play. Additionally these facilities will be venues for local, state and national level tournament play conducted by the staff. The Town has previously hosted three state level ASA tournaments and last year (2001) the Pony National Girls Fast-Pitch Tournament. For 2002, staff has secured 5-6 state tournaments, an ASA Women’s National Tournament and the second year of the Pony Nationals. The additional open dates can be filled with weekend rentals providing a revenue source for the Town. There have already been 10-15 tentative rental weekends booked for 2002 (in addition to the Town-run tournaments).

After a review of the current field rental application and a market analysis, staff has developed four new field rental applications as described below. This new field rental process maintains current staffing and maintenance levels.

Advanced Athletic Field Reservations – in order to meet customer requests and provide adequate fields for PRCR sports programs, staff has identified specific fields (adjacent to picnic shelters) to be available for rental in conjunction with a picnic shelter reservation. This process is described in detail in the "Application for Advance Athletic Fields Reservation").

Hourly Use of Athletic Fields Reservations – PRCR programs are underway from March to November, during this period there are some fields available for rental. In order to provide these open slots for rain makeup PRCR games and practices, staff has determined that the earliest the public can rent the fields is the week of use. Any available field is open for rental beginning Monday prior to the rental (as specified by the "Application for Hourly Use of Athletic Fields").

Rental of Softball Complexes – Thomas Brooks Park and Middle Creek School/Park Softball Complexes are available for rental by groups for conducting a tournament or special event (as specified by the "Application for Use of Softball Complexes")

Season Use by Local Organizations – This will allow for specific fields to be available for use by local non-profit groups. As the numbers of these groups have increased, so have the number of requests for field space. Currently, four groups use eleven fields in the fall for their soccer, football, cheerleading and baseball leagues. These numbers do not include the joint use agreements made with CASL and Dream Camps Inc. for an additional 13-14 fields. Staff has received requests for field space from other football, field hockey, soccer, baseball and lacrosse organizations. Priority is established by two criteria:

variety of activities offered;

percentage/number of Cary residents participating;

maintenance and preservation of safe field conditions.

The fee structure and application will be available for review in February 2002.

The fees for the Advanced Field Reservations and the Hourly Use Reservations are a change from the former rates (see chart below). The first change is increasing the hourly rate and decreasing the field preparation. To provide a safe field for each rental, the Building and Grounds staff conducts a visual inspection of the field and drags the infield. In the former rates, the dragging was part of the field preparation and was not normally conducted without the field preparation fee being paid. With the new rate plan, the dragging is included in the hourly rental rate. The field preparation with the new rate plan includes leveling around the bases and home plate and lining the infield. The second change in the rate plan includes a higher fee for non-residents to use the fields.

The fees for the Rental of the Softball Complexes were established by a combination of a market comparison (Attachment E) and a cost analysis (Attachment F). Attachment G details the Rental Policies of each municipality compared. These new proposed fees are listed below

Each tournament rental fee includes basic maintenance service, batting cage, and light fees. (Fields will be dragged and marked prior to the first game of each day rented.)

Staff requests changing the name of the policy from "Softball" to "Athletic" Field Rental Policy due to the increased rental use by soccer, football, cheerleading, lacrosse and field hockey groups. Many of these non-baseball/softball groups use the outfield of existing baseball/softball fields for their practices and games.

To adopt an official policy for the use of Athletic Fields administered by the Town of Cary Parks Recreation and Cultural Resources Department.

This policy, upon adoption by the Town Council, shall be applicable to the rental and use of Athletic Fields until such time the policy statement is altered, modified, or rescinded by the Town Council.

The Town Council of the Town of Cary hereby establishes the following policy:

1. Facility: Town owned athletic fields whereby reservations are available for use by groups, organizations and private citizens.

2. Scheduling: List of Priorities:

a. Town sponsored programs and activities;

b. Programs/activities planned and directed by groups sponsored or co-sponsored by the Town of Cary;

c. Private, non-profit organizations, individuals, etc., first come, first serve basis.

3. Reservation

a. Person making reservation is held responsible for any and all damage or misuse of facilities;

b. Payment of Rental Fees: Rental fees must be paid as specified by the appropriate Application for Athletic Fields. Failure to pay the full fee within the specified time will forfeit use of the facility;

4. Types of Reservations:

Advanced Athletic Field Reservations – specific fields (adjacent to picnic shelters) are available for rental in conjunction with a picnic shelter rental (as specified by the "Application for Advance Athletic Fields Reservation");

Hourly Use of Athletic Fields Reservations – any available field is open for rental beginning Monday prior to the rental (as specified by the "Application for Hourly Use of Athletic Fields");

Rental of Softball Complexes – Thomas Brooks Park and Middle Creek School/Park Softball Complexes are available for rental by groups for conducting a tournament or special event (as specified by the "Application for Use of Softball Complexes");

Season Use by Local Organizations – specific fields are available for use by local non-profit groups. Priority is established by number of Cary residents participating.

5. Cancellation

The Cary Parks, Recreation and Cultural Resources Department reserves the right to make cancellations at any time. Cancellation notices will be issued as far in advance as possible. All reservation/damage deposits and rental fees will be returned in full if cancellation is initiated by the Cary Parks, Recreation and Cultural Resources Department.

6. Rules and Regulations

Party signing "Application for Use" is held responsible for any and all damage or misuse of facilities;

b. Non-profit organizations conducting fundraising events must receive approval from the Director of Parks, Recreation and Cultural Resources prior to reservations. Upon request of the Director of Parks Recreation and Cultural Resources, user will be required to furnish proof as a bona fide non-profit organization. No other groups or individuals may use the facility for any type of profit making purpose;

Parents or guardians must sign for anyone under 21 years of age (including youth groups) requesting use of the facility and must assure adequate adult supervision;

Upon request of the Director of Parks, Recreation and Cultural Resources, police security will be required (at the user’s expense) before a reservation request is approved;

The Director of Parks, Recreation and Cultural Resources has the right to deny any tournament rental application or stipulate further conditions for just reasons;

Loud music, performances, and uses that generate sound disrupting the tranquillity of the park are prohibited;

Possession and consumption of alcoholic beverages is prohibited;

The user organization will be responsible for the general facility cleanup as specified in the Application for Use agreement;

Failure to comply with the above rules and regulations will result in forfeiture of reservation/damage deposit, payment of additional damage fees, if applicable, and loss of privileges for use of the facility.

6. Fees

Fees for use of the Athletic Fields shall be those as adopted in the annual budget of the Town of Cary.

Group/Company Name __________________ Contact Person ___________________________

Phone (H) _____________ (W) ______________ E-mail _______________________________

Address ______________________________ City __________________ Zip ______________

Park Requested ________________________ Purpose of Use ___________________________

Date Requested _____________ Hours From _________ To _________ (Circle) Youth or Adult

Base Distances Requested ________________ Pitching Rubber Distance __________________

Hourly Rental Fees

Resident Field usage fee $20 per hour X _____ hours = _________

Non-resident Field usage fee $30 per hour X _____ hours = _________

Light usage fee $10 per hour X _____ hours = _________

Field preparation fee $25 per application X _____ application = _________

Total Rental Fee = _________

The party signing this application is held responsible for any and all damage or misuse of facilities.

Signature ______________________________________ Date ______________________

There are two field reservation options: standard and advance with picnic shelter. See the below information on each type of reservation.

Town athletic programs have priority use on all ball fields and the Town reserves the right to cancel field reservations if deemed necessary to accommodate the athletic programs. Reservations will only be cancelled under extreme extenuating circumstances. Groups with cancelled reservations will be given the option to receive a refund or choose another field or time slot based on availability.

In the event of inclement weather, The Town will determine if the fields are playable. All rentals must abide by the decision made by the staff. Rentals cancelled due to weather will have the option to reschedule the field rental based on availability or receive a refund.

Tournaments or other events wishing to rent multiple fields may contact the Athletic Program Supervisor to request field rentals up to six months in advance. The Athletic Program Supervisor must approve all multiple field rentals.

Field reservations must be made in 30-minute increments at a rate of $20 or $30/hour. There is a one-hour minimum time on any ball field rental.

Equipment (bases, bats, balls) is also available for use. Equipment for Ritter #1 can be checked at the Herb C. Young Community Center and equipment for the Bond Park fields can be checked at the Bond Park Community Center.

Equipment consists of bags containing 3 bases, 3 bats, 3 balls. Patrons are responsible for providing their own safety equipment including, but not limited to, batting helmets and catchers gear.

A $50 deposit will be required to use equipment bags. The deposit will be returned when the equipment is returned. If the equipment is lost, stolen or not returned for any reason, a portion or all of the deposit will not be returned.

Equipment bags can be picked up the day of the rental (if the rental is for Saturday or Sunday, the equipment may be picked up on Friday) and must be returned the next business day.

Beginning at 8:00 a.m. Monday any open time slots on any field for the same calendar week (Monday through Sunday) may be rented. Rentals for the current week MUST be done at the CPRCRD Administrative offices and must be approved by an Athletic Staff member.

Persons and/or groups may not make advance ball field rental reservations for more than one weekday per calendar week or more than two weekend days per calendar month.

In conjunction with the picnic shelter rental procedures, persons may reserve a ball field up to three (3) months in advance for the months of April through October. Field and time selections are limited to accommodate Town programming.

Persons/groups making picnic shelter reservations that do not also reserve the ball field at the same time are not guaranteed the ball field will be available for reservation at a later date.

All field reservations associated with picnic shelter reservations made up to three months in advance may be done at either the Herb C. Young Community Center or the Bond Park Community Center Monday through Friday from 9:00 a.m. to 6:00 p.m.

Group/Company Name __________________ Contact Person ___________________________

Phone (H) _____________ (W) ______________ E-mail _______________________________

Address ______________________________ City __________________ Zip ______________

Park Requested ________________________ Purpose of Use ___________________________

Date Requested _____________ Hours From _________ To _________ (Circle) Youth or Adult

Base Distances Requested ________________ Pitching Rubber Distance __________________

Reservations and fees will be accepted beginning on the Monday prior to the rental. Fees are non-refundable and must accompany the facility application. Rental applications and fees may be returned to the Cary Parks, Recreation & Cultural Resources office, 111 James Jackson Ave., Suite 201, Monday through Friday, 8:00 am- 5:00 pm. (Questions call 469-4062)

Hourly Rental Fees

Resident Field usage fee $20 per hour X _____ hours = _________

Non-resident Field usage fee $30 per hour X _____ hours = _________

Light usage fee $10 per hour X _____ hours = _________

Field preparation fee $25 per application X _____ application = _________

Total Rental Fee = _________

To make reservations for tournaments use the Application for Softball Complexes.

The party signing this application is held responsible for any and all damage or misuse of facilities.

Signature ______________________________________ Date ______________________

Cary Parks, Recreation and Cultural Resources Department

Town of Cary athletic programs will have priority for usage on all fields.

Reservations and fees will be accepted beginning on the Monday prior to the rental at the Cary Parks, Recreation and Cultural Resources Department Administrative offices, 111 James Jackson Ave., Suite 201, Monday through Friday, 8:00 am to 5:00 pm. Only walk in reservations are accepted on a first come first serve basis.

Facilities are available for rent from March 1 through October 31:

In case of inclement weather the Town of Cary has the authority to cancel the use of the fields. Cancellations due to weather may be rescheduled by the renter on a case by case basis. Please call 319-4500 ext. 505 after 3:00pm on weekdays and after 7:00am on weekends for information on field cancellations. Fees are non-refundable and must be accompanied with the facility application.

Bases are not provided! However, "throw down" bases are available to be checked out on the day of the event at the Bond Park boathouse. Please call 469-4100 to arrange for this check-out.

Equipment: A bag of softball equipment is available for rental at the Bond Park Boathouse. Renters may use the equipment by paying a $50.00 deposit at the boathouse the day of the reservation. Renters will be responsible for returning all equipment at the end of the reservation. The renter will be charged for any missing or damaged equipment as follows:

Bats $20 each

Helmets $10 each

Softballs $5 each

Bases $10/set

Fields are not groomed and prepared unless requested on the rental form and the fee is paid. Preparation includes dragging and lining the field.

For field availability or questions call 469-4062.

(Thomas Brooks Park/Middle Creek Park)

Group/Company Name ____________________________ Contact Person _____________________

Phone (H) _________________ (W) _______________ E-mail ______________________________

Address ___________________________________ City _______________________ Zip ________

Park Requested ________________________________ Number of Fields Requested ____________

Purpose of Use: (Circle one) Corporate Event Fund-Raising Event For Profit Event

Starting and Projected Ending Time ______________Number of Teams _____ (Circle) Youth or Adult

Base Distances Requested ______________________ Pitching Rubber Distance ________________

Dates Requested: _________________ Sanctioning Organization (if Applicable) __________________

1 Field ½ day (up to 6 hours) $125 X ____ Fields = _________

1 Field all day (8:00am-11:00pm) $175 X ____ Fields = _________

Full Wheel (4 fields) all day $525 = _________

Full Wheel (4 fields) 2 days $900 = _________

Full Wheel (4 fields) 2 ½ days $1200 = _________

Total Rental Fee = _________

Each tournament rental fee includes basic maintenance service, batting cage, and light fees.

(Fields will be drug and marked prior to the first game of each day rented.)

Field Preparation (per application) $20 X ____ Applications = _________

Tent rental (per tent) $30 X ____ Tents = _________

Table/chair rental (1 table/6 chairs) $25 X ____ Tables = _________

Dugout water cooler (per field per game) $5 X ____ Games = _________

The party signing this application is held responsible for any and all damage or misuse of facilities.

The organization renting the facility will be responsible for following all policies and procedures for the use of Town of Cary athletic facilities. Alcoholic beverages are prohibited

Signature ______________________________________________ Date _____________________

Cary Parks, Recreation and Cultural Resources Department

Town of Cary athletic programs will have priority for usage on all fields.

To reserve a field for a tournament, a $100 per field non-refundable deposit is required with the rental application. The full balance of the rental fee must be paid 24 hours prior to the start of the event. Fees are non-refundable. Facility applications and fees may be returned to the Cary Parks, Recreation & Cultural Resources office, 111 James Jackson Ave., Suite 201, Monday through Friday, 8:00am – 5:00pm

The renter must purchase a certificate of insurance for 2 million dollars. The user must provide the Town of Cary with a copy of the policy at least 24 hours prior to the start of the event.

Facilities are available for rent from March 1 through October 31:

In case of inclement weather the Town of Cary has the authority to cancel the use of the fields. Cancellations due to weather may be rescheduled by the renter on a case by case basis. Please call 319-4500 ext. 505 after 3:00pm on weekdays and after 7:00am on weekends for information on field cancellations.

The user organization shall be responsible for the general facility cleanup (trash, garbage, litter, etc. must be placed in the trash containers provided; and all tables and benches must be left in the same areas as found. The renting organization will be responsible for any personal items brought to the facility, and must remove items/ equipment before leaving. If the facility is not left in acceptable condition after an event a fee will be deducted from the damage deposit, which is $100 per field. (fee determined by the staff) Any property damage, equipment damage, excessive trash left in park or parking lots that exceeds the amount of the deposit will be billed to the user organization.

The user organization is responsible for the set up and take down of personal items or supplies. Vehicles are allowed inside the plaza for loading and unloading purposes only and must be out by one hour prior to start of the event or at designated breaks.

The organization or sponsor, renting the facility, will be responsible for following all policies and procedures for the use of Town of Cary athletic facilities. Alcoholic beverages are prohibited.

An admission fee may be charged at tournaments and special events. Staff, umpires, and uniformed players will be admitted at no charge.

No new games will be started after 10:00pm.

For field availability or questions call 469-4062.

A bona-fide non-profit organization may add an additional fee (over the $3 ticket cost) the price of admission and receive a percentage of the gate fee. The user will be required to furnish proof as a non-profit organization. The Town of Cary staff will collect all moneys. All additional fees must be pre-approved.

Formulas for Calculating Costs and Revenue.

Light cost $11.50 hr x 2.5 hrs per field average

Materials $3.00 per field x 4 fields

Labor $14.00 hr x 2 people x 2 hrs

Facility Supervisor $14.00 hr x 16 hrs per day average

Athletic Aid $7.50 hr x 16 hr per day average x 2 people

Gate Revenue $3.00 per person x 7 spectators average per team x # of teams

Concession Revenue $2.00 per person per day average x 22 (15 people per team + 7 spectators) x # of teams X 20 %

Rental Revenue Average market rates

1 Day rental 16 team tournament average

2 Days rental 32 team tournament average

2 ½ Days rental 40 team tournament average

The department uses one fee for all rentals regardless of the event or organization. The user can write a letter to the facility manager and request for a reduction or co-sponsorship rate. This matter is addressed case by case and is not a standard practice. A 25% non-refundable deposit is required at the time of reservation. A damage or clean-up fee, can be billed to the user if the facility is not left is good condition (fee determined by staff). Each rental fee includes lights and one application of marking and dragging per field rented. The department runs the concession stand in house and also charges a gate or parking fee. The user has to provide their own scorekeepers and other necessary staff. The department will have one staff member on site for all tournament rentals.

The department uses one fee for all rentals regardless of the event or organization. A $100 deposit is needed to reserve the facility. This fee will be applied to the total rental agreement if the field is used. If the user wishes to cancel they may do so up to one week prior to the date of the event and the deposit will be refunded in full, within one week the fee is forfeited. A damage or clean-up fee, can be billed to the user if the facility is not left is good condition (fee determined by staff). Each rental fee includes lights and one application of marking and dragging per field rented per day. The user may charge an admission fee to the tournament if they ask for approval prior to the start of the event. The concessions are contracted out to local venders. The user has to provide their own scorekeepers and other necessary staff. Access to the score tower is provided at the user’s request. The department will have one staff member on site for all tournaments or events.

The department uses one fee for all rentals regardless of the event or organization. A damage or clean-up fee, can be billed to the user if the facility is not left is good condition (fee determined by staff). The full cost of the rental must be paid one week prior to the event and is non-refundable. Each rental includes one application of marking and dragging per field rented. If lights are requested there is a fee of $30 per field applied to the total cost of the rental agreement. The user may charge an admission fee to the tournament if they ask for approval prior to the start of the event. The concessions are contracted out to local venders. The user has to provide their own scorekeepers and other necessary staff. The department will have one staff member on site for only major tournaments or events.

The department uses one fee for all rentals regardless of the event or organization. If the tournament has over 22 teams evolved the field rental rates are waived. There is a $200 damage deposit required per field no matter the size of tournament. This fee is either refunded after the completion of the event or credited to the user’s account for later use. The full cost of the rental must be paid two weeks prior to the event and is non-refundable. Each rental includes lights and one application of marking and dragging per field rented. The department runs the concession stand in house and also charges a gate or parking fee. The user has to provide their own scorekeepers and other necessary staff. The department will have one staff member on site for all tournament rentals.

The department uses one fee for all rentals regardless of the event or organization. A damage or clean-up fee, can be billed to the user if the facility is not left is good condition (fee determined by staff). The full cost of the rental must be paid one week prior to the event and is non-refundable. Rental only included use of the field the user is responsible for any field prep work. If lights are requested there is a fee of $75 per field applied to the total cost of the rental agreement. The user may charge an admission fee to the tournament if they ask for approval prior to the start of the event. The concessions are contracted out to local venders. The user has to provide their own scorekeepers and other necessary staff. The department will not provide staff for any rental.

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3. Black Creek Greenway, Phase III Construction Contract Award (PR02-23)
Committee recommended that a contract be awarded to Tri-State Consultants for $619,935 for construction of Black Creek Greenway, Phase III and that $34,920 be appropriated from General Fund Fund Balance for the project.

Bids were opened for the construction of the Black Creek Greenway, Phase III on December 6^th, 2001. This project will include paving a 10-foot wide asphalt trail from West Dynasty Road to N.W. Maynard Road, a distance of approximately 1-mile. The project will also include the installation of seven pedestrian bridges along the trail. Seven bids were received, and the apparent low bidder is Tri-State Consultants with a base bid of $608,002.

The chart below lists additional costs that will be added to the base bid. These include a 10% contingency and some costs associated with NCDENR permitting requirements. With the contingency, additional construction costs and the base bid, the total construction cost for the project is $681,868. It is important to note that the construction budget of this project ($646,948) includes a $300,000 grant from the Department of Transportation. A total appropriation of $34,920 is needed to complete this project.

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4. Road Name Change: Gallup Drive to Silvergrove Drive (IP02-004)
Committee recommended that a public hearing on a request to change the name of Gallup Drive to Silvergrove Drive be set for January 24, 2002.

Gallup Drive is a 500 foot long private road located off Evans Road. Work has begun on a Town project to connect Gallup Drive to the adjacent Silvercreek subdivision. As a result of this project, Gallup Drive and Silvergrove Drive will physically become the same street.

The Engineering Department and 911 service providers agree that changing the name of Gallup Drive to Silvergrove Drive would be the safest method of dealing with the merger of these two streets. Changing the name of Gallup Drive would impact the least number of property owners.

There are two homes, one business, and a church located on Gallup Drive. Because this is currently a private road and mail trucks did not use it, the citizens were using an Evans Road address for mail delivery and phone service. Mr. Herbert Bailey who owns the business and one of the homes, and Mr. and Mrs. Bruce Jones have agreed to change their addresses to Silvergrove Drive if the name change is approved.

The Board of Trustees at Cary’s United Church of Christ are also in favor of the road name change. Because of the location of their sanctuary, they will continue to use an Evans Road address.

Staff anticipates total support from the citizens for this name change.

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5. Road Name Change: Circumference Circle to Cascade Pointe Lane (IP02-003)
Committee recommended that a public hearing on a request to change the name of Circumference Court to Cascade Pointe Lane be set for January 24, 2002.

Circumference Court is a private road located off Weston Parkway. The building is under construction and not occupied. The owner has requested a road name change and is prepared to accept responsibility for any expenses such as road signs and map recording fees associated with this change.

While staff does not encourage changing a name for aesthetic purposes, we do not anticipate any emergency response confusion by changing the name so early in the process. The formality of a public hearing is to ensure that if the name change is approved, it will receive the proper recognition.

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6. Road Name Change: Wickham Drive to Wickham Hills Place (IP02-002)
Committee recommended that a public hearing on a request to change the name of Wickham Drive to Wickham Hills Place be set for January 24, 2002.

There are two streets in Cary with the same name. The street located off Reedy Creek Road is the 500 block of Wickham Drive. Several new homes are proposed for this neighborhood as part of the Habitat for Humanity project.

The second street is located in Walnut Hills Subdivision. It does not have any addresses assigned to it therefore; no one’s address will need to be changed.

Our 911 division has asked us to eliminate any duplicate road names. Wickham Hills is different enough to eliminate confusion in the event of a 911 call yet preserves some name recognition for citizens who may have used this street in the past to give directions to their homes.

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7. Thomas Brooks Parks Project Funding (FN02-10)
Committee recommended adoption of a budget adjustment to increase Parks bonds/1996 Series (66-0000-38.06-01) by $224,000, increase Parks Bonds/1998 Series (66-0000-382.06-02) by $176,000 and decrease transfer from General Fund (63-0000-381.10-00) by $400,000.

The Town issued general obligation bonds in 1996 and 1998 for certain parks projects. Thomas Brooks Park was one of these projects. The project budget for Thomas Brooks Park includes funding sources of $4,371,996 in 1996 and 1998 general obligation bonds and $1,958,311 in transfers from the General Fund. Due to unspent bond proceeds remaining in other parks projects that have been completed and interest that has been earned on unspent parks bond proceeds, approximately $400,000 of the 1996 and 1998 general obligation bond proceeds and related restricted interest is currently unbudgeted. To release a portion of the transfer from the general fund to be available for other purposes and to avoid paying arbitrage tax on the interest earned on the parks general obligation bonds, staff recommends a budget adjustment to increase funding for Thomas Brooks Park from Parks Bonds/1996 Series by $224,000 and Parks Bonds/1998 Series by $176,000 and to reduce the transfer from General Fund by $400,000.

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8. Reimbursement Resolution (FN02-09)
Committee recommended adopting a resolution to declare its intent to reimburse expenditures with debt proceeds.

The Town is planning multiple debt financings. For projects that proceed prior to bond sales, Council must approve a reimbursement resolution that declares Council’s intent to advance funds for the projects that will be reimbursed with funds from future debt issuances.

WHEREAS, the Town of Cary, North Carolina (the "Issuer") is a municipal corporation organized and existing under the laws of the State of North Carolina; and

WHEREAS, the Issuer has paid, beginning no earlier than November 11, 2001, and will pay, on and after the date hereof, certain expenditures in connection with the acquisition, construction and installation of certain capital improvements described in Exhibit A attached hereto (collectively the "Projects"); and

WHEREAS, the Town Council of the Issuer (the "Town Council") has determined that certain moneys previously advanced no earlier than November 11, 2001 and to be advanced on and after the date hereof to pay such expenditures (the "Expenditures") are available only for a temporary period and it is and will be necessary to reimburse the Issuer for the Expenditures from the proceeds of one or more tax-exempt financings of the Issuer (the "Tax-exempt Financings);

NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL AS FOLLOWS:

Section 1. The Town Council hereby declares its intent to reimburse the Issuer with the proceeds of the Tax-exempt Financings for the Expenditures made on and after November 11, 2001, which date is no more than 60 days prior to the date hereof. The Issuer reasonably expects on the date hereof that it will reimburse the Expenditures with the proceeds of the Tax-exempt Financings.

Section 2. Each Expenditure was or will be (a) of a type properly chargeable to a capital account under general federal income tax principles (determined in each case as of the date of the Expenditure), (b) a cost of issuance with respect to the Tax-exempt Financings, (c) a nonrecurring item that is not customarily payable from current revenues, or (d) a grant to a party that is not related to or an agent of the Issuer so long as such grant does not impose any obligation or condition (directly or indirectly) to repay any amount to or for the benefit of the Issuer.

Section 3. The maximum principal amount of the Tax-exempt Financings expected to be issued or entered into with respect to the Projects is $25,000,000.

Section 4. The Issuer will make a reimbursement allocation, which is a written allocation by the Issuer that evidences the Issuer’s use of proceeds of the Tax-exempt Financings to reimburse an Expenditure, no later than 18 months after the later of the date on which the Expenditure is paid or the respective Project is placed in service or abandoned, but in no event more than three years after the date on which the Expenditure is paid. The Issuer recognizes that exceptions are available for certain "preliminary expenditures," costs of issuance, certain de minimis amounts, expenditures by "small issuers" (based on the year of issuance or entering into a Tax-exempt Financing and not the year of expenditure) and expenditures for construction projects of at least five years.

Section 5. This resolution supplements similar resolutions passed by the Town Council on May 23, 1996, May 22, 1997, March 23, 2000 and is in addition to and does not in any way repeal such resolutions passed on May 23, 1996, May 22, 1997, and March 23, 2000.

Section 6. This resolution shall take effect immediately upon its passage.

Project 1: North Cary Water Reclamation Facility Upgrade. Expanding average daily flow capacity from 10 million gallons per day (MGD) to 12 MGD, which includes modifications to improve peak flow conditions between the grit/grease structure and the aeration tanks. Also included is a new biological reactor tank and clarifier, effluent filters, ultraviolet disinfection and related piping and electrical power facilities. The project also provides for required improvements to Reedy Creek Road.

Project 2: Thermal Biosolids Drying Facility/Management and South Cary Biosolids Dewatering Facility. Project provides for continued biosolids (sludge) disposal while reducing the cost of this process by using biosolids dewatering at the South Cary Water Reclamation Facility, and reducing odor at the North Cary Water Reclamation Facility. This project addresses concerns with the treatment and processing of biosolids at the facilities relating to storage and disposal, odor, volume, and EPA regulations. The project affects the stages of wastewater treatment from the dewatering phase through ultimate disposal.

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9. Municipal Agreement - Biannual Bridge Inspections (EN02-84)
Committee recommended entering into a municipal agreement with NCDOT for the biannual bridge inspections.

NCDOT has forwarded a municipal agreement to the Town of Cary for the biannual inspection of municipal bridges in the Town of Cary. The inspection of bridges as well as culverts over 20 feet in length are required on all public roadways in accordance with the Surface Transportation Assistance Act of 1978. NCDOT is responsible for the inspection of those bridges located on state maintained roads and the Town is responsible for those bridges located on Town maintained streets.

Staff has identified 21 bridges and culverts that meet the above criteria. The estimated cost to inspect each bridge is $2,400. Federal-aid Highway Funds will be used to pay 80 percent of the cost. The Town will be invoiced for the remaining 20 percent of the cost after the work is complete. NCDOT is expecting the work to be completed by June 2002. Based on the above, the total estimated cost to the Town will be $10,080 or $480 per bridge. The actual cost will be determined based on fees negotiated between NCDOT and the qualified private engineering firm who will be performing the work. The Town has used private firms in the past to perform these inspections.

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

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10. Revised Regulations for Peddlers and Solicitors (PD02-009)
Committee recommended approval of revising the permitted times for residential sales activities and permit display requirements as regulated in the Cary Municipal Code of Ordinances. The updated hours for for-profit solicitation will be 9:00 a.m. to 5:00 p.m. during Eastern Standard Time and 9:00 a.m. to 6:00 p.m. during Eastern Daylight Time, and solicitors will be required to display their permit at all times.

Complaints from residents concerning door-to-door peddlers and solicitors continue to be a concern. The issues of note that appear to be of most concern at present relate to the hours of operation allowed and the identification of such persons engaging in these sales activities. Solicitors have continued to make visits to residential areas after dark past the current allowable times. This has caused several residents to express security and safety concerns as to the proper identification of these persons.

Staff feels these issues can be addressed by revising the times of operation to only allow sales contacts during daylight hours and by requiring all permittees to display their identifying permits. The attached document specifies the language needed to revise the pertinent sections of our Code of Ordinances.

AN ORDINANCE OF THE TOWN OF CARY, PROVIDING THAT THE CODE OF ORDINANCES, FOR THE TOWN OF CARY, BE AMENDED BY REVISING CHAPTER 11, ARTICLE I, Section 11-3 OF SAID CODE; PROVIDING FOR

Peddlers and Solicitors

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CARY:

(Ordinance 02-001 is also on file in the town clerk’s office.)

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11. Municipal Agreement – NC 55 Widening (EN02-88)
Committee recommended approval of a NCDOT municipal agreement to accelerate by approximately four years the widening of the southern section of NC 55. The agreement will allow the southern section to be constructed in the same project as the northern section with Cary advancing NCDOT the funds which will be repaid by January 1, 2007.

This item was pulled from the consent agenda for discussion.

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12. Walnut Street and Cary Parkway Interchanges (EN02-86)
Committee recommended entering into a municipal agreement with NCDOT to include construction of the US1/64 interchanges with Walnut Street and Cary Parkway in the US1/64 widening project.

This item was pulled from the consent agenda for discussion.

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13. Focus on Cary (AD02-008)
Committee recommended that the proposed Focus on Cary program be included in the FY2003 operating budget.

During the preparation of the Town’s 2002 Biennial Citizen Satisfaction Survey, several Council members expressed an interest in exploring the expansion of the Town’s current opinion research efforts to include assessing citizen views on policy issues. Such information could help ensure that Council has the most complete picture of the community’s vision for its future. To this end, staff is proposing the development of Focus on Cary, an ongoing initiative designed to gather citizen views on current issues detailed below.

Outline

The range of opinion research methodology alternatives is nearly as varied as the research questions they are designed to answer. Factors to consider when selecting the appropriate methodology(ies) include:

Time/Deadline in which to answer the research question(s);

Size, location, and other characteristics of the population to be queried;

Acceptable margin of error and response rate, both of which point to how generalizable the results will be;

Personnel resources; and

Technological resources, all of which combine to produce what is, in the end, the most dominant factor,

Cost.

When consideration of these factors makes it possible, it is generally preferable to approach the research question using several methodologies due to each one’s relative strengths and weaknesses. As proposed herein, Focus on Cary would utilize a triangulated approach that incorporates both "push" and "pull" techniques via three distinct methodological elements. (1) focus groups, (2) web polls, and (3) mail surveys. Effective use of these elements in concert significantly improves the validity of the data gathered and ensures that the widest variety of Cary voices can be heard in the most cost-effective manner.

In general, focus groups are a part of comprehensive research programs because they allow for a level of detailed, in depth research on a broad range of issues typically not appropriate for telephone surveys. As a reliable qualitative complement to the Town’s current quantitative research, focus groups could yield numerous benefits for the Town of Cary as follows:

Focus groups give us the opportunity to probe, to ask why, and to do so with the time needed to provide background as well as explain the consequences of choices and decisions. In this regard, focus groups can effectively explore surprising results from polls and surveys. When used, for example, with the biennial survey, focus groups explore major shifts in opinion on how well the Town is being managed and operated, feelings on tax rates and fees, how safe citizens feel, and the cleanliness of parks and other public areas.

Focus group topics are wide open and available for immediate change as needed by the organization. By being regularly scheduled, the organization can count on having access to detailed citizen opinion as new situations arise or when public input sessions yield disappointing attendance. By having the participant pool and program in place, the organization could also call special focus groups sessions if management requests. Topics in these regards might include potential fears for public safety in light of recent terrorist attacks, high densities downtown in TCAP, or the use of GTV for candidate forums.

Focus groups could save time and money in circumstances where there is an interest in getting more than anecdotal feedback on a question that might not rise to the level of needing to be included in a telephone survey, such as the impact to the public on changing meeting times of boards and commissions.

Focus groups allow for opinions to be shared about visual issues that cannot easily be evaluated over the phone, such as the quality of GTV programming, the effectiveness of the layout of the CaryAd or web content, or the ease of use of the C-Tran Rider’s Guide.

Much as the biennial survey does, focus groups can generate their own positive publicity, showing that Cary is continuing to lead governments in involving citizens in the government process.

By selecting participants randomly from an already randomly selected, representative sample of Cary citizens, we increase the likelihood that the information we gather from focus groups is more than simply anecdotal.

An ongoing initiative designed to supplement the Town’s ongoing data collection and citizen relations efforts, Focus on Cary’s focus group element would involve setting up regularly scheduled citizen focus groups throughout the year—every six months--to get feedback on existing and emerging issues.

During the biennial citizen satisfaction survey, respondents are already asked to indicate their interest in having their names added to a pool of possible participants for focus groups. This pool would be used for Focus on Cary over the next two years. From the pool, Focus on Cary focus group participants (10-12 per session, two sessions per cycle) would be chosen randomly to achieve focus groups with demographics comparable to those of the entire Town. We would also strive to ensure that the groups included residents of all Council districts.

Web polls are being used with increasing frequency to supplement more traditional research methodologies because of their relatively low cost, quick turnaround, and tremendous reach. As an attractive complement to the other Focus on Cary elements, web polls could yield numerous benefits for the Town of Cary because:

Web polls are convenient. They can be completed at the convenience of the respondent. Unlike telephone surveys which require respondents to stop what they’re doing to participate, web polls offer the opportunity to respond over an extended window of time—hours, days, weeks—anytime, day or night from any location equipped with Internet access.

Web polls are cost-effective. Once the programming is completed, there is no outside cost to web polling.

Web polls allow for a nearly infinite number of respondents to participate without severely impacting personnel or research timeframes.

Web polls give us the opportunity to provide background as well as explain the consequences of choices and decisions.

Web poll topics are wide open and available for immediate change as needed by the organization.

Web polls could save time and money in circumstances where there is an interest in getting more than anecdotal feedback on a question that might not rise to the level of requiring a public hearing or needing to be included in a telephone survey, such as the impact to the public on changing meeting times of boards and commissions.

Web polls allow for opinions to be shared about visual issues that cannot easily be evaluated over the phone, such as the quality of GTV programming, the effectiveness of the layout of the CaryAd or web content, or the ease of use of the C-Tran Rider’s Guide.

Much as the biennial survey does, web polls can generate their own positive publicity, showing that Cary is continuing to lead governments in involving citizens in the government process.

An ongoing initiative designed to supplement the Town’s ongoing data collection and citizen relations efforts, Focus on Cary’s web poll element would involve setting up a special section on the Town’s web site for the polls, designing and testing the software that would support the polling, selecting the questions for each poll, and implementing and promoting the poll.

A web poll icon would be created for the site’s splash page and once selected would take participants to the new polling section. There, participants could respond to any posted poll, but only once from the same computer. Before submitting their response, participants would also have to provide limited demographic information—sex, age, Cary resident/non-resident, etc.

The web poll software would generate results statistics as well as a general demographic profile of the pool of respondents for each poll. Instant/emerging poll results could be available on the web, and the Public Information staff could prepare a final poll report. The number of separate polls would be determined based on need and staff resources and would interface with the other Focus on Cary elements.

Mail surveys are one of the oldest, most accepted form of quantitative research. From the US Census to AC Nielson, having respondents record written responses to questions has become commonplace in our society. As a final complement to the other Focus on Cary elements, mail surveys could yield numerous benefits for the Town of Cary because:

Mail surveys’ grounding in research tradition gives value and acceptance to their findings.

Mail surveys can be completed at the convenience of the respondent.

Because of their "push" nature, mail surveys will likely reach, and therefore be completed, by many respondents not tapped via the focus groups or web polls.

Mail surveys give us the opportunity to provide limited background as well as explain the consequences of choices and decisions.

Much as the biennial survey does, mail surveys can generate their own positive publicity, showing that Cary is continuing to lead governments in involving citizens in the government process.

An ongoing initiative designed to supplement the Town’s ongoing data collection and citizen relations efforts, Focus on Cary’s mail survey element would involve creating, disseminating, and analyzing a written survey once a year to get feedback on existing and emerging issues.

The annual Focus on Cary mail survey would be a one-page, double-sided self-mailer included in the utility bills. Return postage would have already been posted. The Town’s Public Information Officer would work with staff, Council, and an outside firm to develop the questions for each mail survey. The consultant would enter and analyze the data and issue a report on the findings.

BUDGETARY IMPACT

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Items 11 and 12 were pulled from the consent agenda for discussion.

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Consent Agenda items 11 and 12 were discussed simultaneously.

Consent Agenda Item 11: Municipal Agreement – NC 55 Widening (EN02-88)
Committee recommended approval of a NCDOT municipal agreement to accelerate by approximately four years the widening of the southern section of NC 55. The agreement will allow the southern section to be constructed in the same project as the northern section with Cary advancing NCDOT the funds which will be repaid by January 1, 2007.

On April 12, 2001, Town Council approved that a letter be sent to NCDOT supporting a concept of Cary providing funding for the southern portion of the NC55 widening with future repayment by NCDOT. On May 15, 2001, Mayor Lang sent a letter to NCDOT to initiate the Municipal Agreement process.

Staff has recently received the draft Municipal Agreement and has started negotiations to finalize the agreement. The Town is also in the process of negotiating the project boundaries with the Town of Apex and NCDOT.

The agreement includes $14,400,000 for the cost of roadway construction, $29,197 for the cost of sidewalk and $925,000 for the pedestrian culverts. A total payment to NCDOT of $15,354,197 would be due prior to the advertisement of the project for bids. Based on the agreement, the Town will be reimbursed on or before January 1, 2007. The lump sum to be reimbursed is $17,567,256 equaling the amount loaned for roadway improvements of $14,400,000 plus NCDOT’s share of funds loaned for pedestrian improvements in the amount of $572,518 reimbursed at an inflation adjustment factor of 1.1733.

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

Consent Agenda Item 12: Walnut Street and Cary Parkway Interchanges (EN02-86)
Committee recommended entering into a municipal agreement with NCDOT to include construction of the US1/64 interchanges with Walnut Street and Cary Parkway in the US1/64 widening project.

The North Carolina Department of Transportation (NCDOT), division of highways, proposes to widen US 1/64 to a six-lane divided highway, from Tryon Road to south of I-40, including modifications to the existing US 1/64 interchanges with Walnut Street and Cary Parkway. This project also includes construction of ramp-to-ramp, auxiliary lanes and pavement rehabilitation, TIP U-3101 C&D.

Currently, NCDOT has right of way funding for the entire project and is scheduled for FY 2002. NCDOT’s budget for the construction is split into two separate projects. The first is widening US 1/64, which is funded for construction in FY 2004. The second is Walnut Street and Cary Parkway interchange modifications, which are currently not funded by NCDOT.

Town of Cary and NCDOT staff have met to work out the details of coordinating our efforts to accelerate the Walnut Street and Cary Parkway interchange modifications to coincide with the widening of US 1/64. NCDOT will be in a position to draft a municipal agreement around March of 2002. Adding these interchanges will not delay the current schedule of the widening work associated with US 1/64 in FY 2004, and is the most expedient method to construct the interchanges.

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

Mr. Roseland stated the Council should do everything possible to help the NC 55 and the Crossroads area. He stated the Town is advancing the State DOT $15 million for NC 55 and $4+ million for Walnut Street and Cary Parkway. He stated there is a balance of $15.4 million in road bond money. He asked when discussion would occur on funding sources for consent agenda items 11 and 12. Mr. Coleman, Town Manager, stated the Town has several options for funding these projects: existing bond authority, new bond referendum, adding funding to private placement funding or using cash. He stated staff will include an analysis and recommendation in the capital budget, which will allow staff to review all the other capital projects and sufficiently allocate the Town’s resources to take care of all of them in a comprehensive manner.

Ms. Dorrel clarified that item 11 is an advance of funds to DOT that will be returned to Cary. She stated item 12 represents funds that are committed by Cary.

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