REGULAR MEETING OF THE CARY TOWN COUNCIL

Thursday, August 26, 2004

6:30 PM

Temporary Council Chambers

Herb Young Community Center

101 Wilkinson Avenue , Cary , N.C.

PRESENT: Mayor Ernie McAlister, Mayor Pro Tem Jack Smith, Council Members Marla Dorrel, Mike Joyce, Jennifer Robinson, and Julie Robison

ABSENT: Council Member Nels Roseland

A.   COMMENCEMENT

1.    Call to Order

Mayor McAlister called the meeting to order at 6:30 p.m.

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2.    Ceremonial Opening

Mayor Pro Tem Smith provided the ceremonial opening.

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B.   CONSENT AGENDA

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C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

There were no recognitions, reports or presentations on this agenda.

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D.   PUBLIC HEARINGS

1.    Town of Cary ’s Hazard Mitigation Plan

Public hearing on the Town of Cary ’s Hazard Mitigation Plan.

Introduction

The Town has been informed by the NC Division of Emergency Management (NCDEM) that they will soon officially recommend the Town’s NC Hazard Mitigation Plan (HMP) to the Federal Emergency Management Administration (FEMA) for approval.  Prior to the NCDEM’s recommendation of approval, the Town must ensure that the public has had an opportunity to comment on the final plan document at least two weeks before formal Town adoption of the Plan.  Tonight’s meeting serves as the final public hearing on this Plan.

The development of this plan is being partially funded by a Hazard Mitigation Grant from the NCDEM.  The Town contracted with The Wooten Company, a private consulting firm, to assist in the development of the Hazard Mitigation Plan.

Plan Purpose

The US Congress and the State of North Carolina have both passed legislation requiring that every county and municipality develop, adopt, and implement a Hazard Mitigation Plan in order to be eligible for post-disaster public assistance funds following a future natural disaster.  Legislation requires that the plan be in effect no later than November 1, 2004 .

Unlike an Emergency Operations Plan that serves as a response plan for when a disaster occurs, the HMP helps communities develop ways to reduce future hazard vulnerability.  Once adopted by the Town, the HMP will serve as a blueprint for the Town to follow to help reduce property damages and save lives from the effects of future disasters in the community.

Steps Completed in the Hazard Mitigation Planning Process

1. Identified and Analyzed Natural Hazards (countywide)
2. Assessed Hazard Vulnerability
3. Assessed Community Mitigation Capability
4. Formed Interim Conclusions
5. Established Values and Goals
6. Formulated Mitigation Policies
7. Established Procedures for Monitoring, Evaluating and Reporting Progress
8. Established Procedures for Revisions and Updates of the Plan
9. Submitted Draft Plan to NCEM for review and approval

Community Capability Assessment Summary and Findings

None of the existing town policies, programs or ordinances was found to have the effect of hindering hazard mitigation.  However, the Town must ensure that when Town policies and ordinances are regularly reviewed, updates and revisions remain in compliance with federal and state regulations pertaining to hazard mitigation planning.

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

No action required on this item.

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E.   PUBLIC SPEAKS OUT (one hour time limit)

The public is invited to speak on any topic not on this agenda.  Comments should be limited to less than three minutes, and speakers should avoid repetition.  All speakers should print their names on a form provided by the town clerk immediately after speaking.

No one came forward to speak.

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F.   PLANNING AND ZONING BOARD REPORT (discussion items)

There were no Planning and Zoning Board discussion items on this agenda.

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G.   TOWN CENTER REVIEW COMMISSION (discussion items)

There were no Town Center Review Commission discussion items on this agenda.

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H.   COMMITTEE REPORTS (discussion items)

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I.    OLD/NEW BUSINESS

1.   Consideration of approval of the bid award for Tryon Road widening.

REVIEW:  The Town will receive bids for the construction of the proposed Tryon Road Widening (Section B) Project on Tuesday, August 24, 2004 . The project consists of widening Tryon Road between Piney Plains Road and Jones Franklin Road , to a 4‑lane median divided roadway, and widening Piney Plains Road , between Cowley Road and Stephens Road , to a multi-lane roadway.

The engineer’s estimated cost and schedule for this project was $5,500,000 and 480 days respectively. The bids received for this project will be presented at the Committee meeting as a way to expedite the construction of this project.  Contractors are evaluated on the responsiveness and responsibleness of their bid in regard to cost, schedule, references, experience bonding, and insurability.

Mr. Brown stated that staff received two bids for Phase I of Tryon Road and Piney Planes Road project and recommends awarding the construction contract $7,494,929 to Thompson Contracting, Inc. He said that this recommendation is accompanied by a budget adjustment request to completely fund the contract award and staff is recommending transferring $4,123,427 from the Tryon Road Phase II project and $304,573 from the vehicle license fee revenue into the Tryon Road Phase I project.

Mr. Joyce asked if the project was for a Department of Transportation (DOT) road, and whether funding is being received from the state. Mr. Brown responded that it is a DOT road and that the Town is receiving Powell Bill money.

Mr. Joyce asked who mandated the medians for road. Mr. Coleman responded that the medians are a Town requirement. He said that the DOT does not require a median to widen the road, however, DOT would control median access.

Mr. Joyce asked if why staff is requesting that second phase funding be transferred into the first phase. Mr. Brown responded that the cost is more than originally anticipated and funded, and that items were added to the project after setting the budget. He added that the Town only received two bids, which did not include the best prices.

Mr. Joyce stated that the extra funding could be offset by removing the medians. Mr. Brown stated that the cross section for the road and the design as bid had council approval, and that staff proceeded with that direction, completed the design, and bid the project.

ACTION:  Mrs. Robison made a motion to approve staff recommendation for additional funding for the Tryon Road widening section b project and to approve the bid award. Ms. Dorrel provided the second.

Mayor Pro Tem Smith stated that the median access has nothing to do with the Town’s requirements. He said that access is state mandated, and limits the amount of left turns.

Mrs. Robinson said that DOT policy requires that median cuts be more than 1000 feet from each other and that the Town should take this into consideration when approving new development along roadways.

Ms. Dorrel added that the DOT policy does not take into account urbanization and the need for more frequent cuts in certain areas.

ACTION: Vote was called for on the motion, and council granted unanimous approval

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J.   LEGAL AND ADMINISTRATIVE ISSUES

Closed session will was not called.

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K.   ADJOURNMENT

ACTION: At 7:28 p.m. , Mayor Pro Tem Smith made a motion to adjourn. Ms. Dorrel provided the second, and council granted unanimous approval.

Please contact the Cary Town Clerk with any questions about this agenda. The e-mail address is sue.rowland@townofcary.org, and the phone number is (919) 460-4941. Visit our Web site at www.townofcary.org for more detailed information about each agenda item.

Council meetings are broadcast live on Cary TV 11 the night of the meeting and are rebroadcast the Friday following the meeting at 7:30 a.m., the Saturday following the meeting at 7:30 p.m., and the Sunday following the meeting at 3 p.m.