Cary Town Council Meeting Minutes

Thursday, March 10, 2005

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, Julie Robison and Nels Roseland

 

A.   COMMENCEMENT

 

1.    Call to Order (Mayor McAlister)

 

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

 

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2.    Ceremonial Opening (Mayor Pro Tem Smith)

 

Mayor Pro Tem Smith provided the ceremonial opening.

 

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B.   CONSENT AGENDA

 

Click on the link above to see the minutes for this section.

 

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C.   RECOGNITIONS AND REPORTS

 

1.   Report from the Triangle Transit Authority. No action is required by council. (Mr. John Claflin)

 

Mr. Claflin’s power point presentation is attached to and incorporated in these minutes as Exhibit C. No council action was required.

 

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D.   PUBLIC HEARINGS

 

Click on the link above to see the minutes for this section.

 

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E.   PUBLIC SPEAKS OUT (one hour time limit)

 

Mr. Larry Ballas stated the farmer’s market will open very soon, and he encouraged everyone to utilize it.

 

Mr. Wayne Jeng spoke about C-Tran and the low quality service he feels it has provided to him. He made a reservation recently to attend an appointment at UNC hospital. C-Tran was more than 50 minutes late, and as a result he missed his physician appointment. This caused him to have a panic attack, and he ended up at the hospital.

 

Mayor McAlister stated someone will follow-up with Mr. Jeng.

 

Mr. Timothy Crone stated at the last council meeting he made comments about what he thought were council negative remarks directed to his wife. He has since learned that the comments were not made by a council member. He apologized to the council members for doubting their integrity.

 

Mr. Mike Markowitz stated he represents a group of people who are concerned about the Black Creek Greenway. He distributed a paper copy of a power point presentation. Refer to Exhibit I attached to and incorporated in these mintues for the presentation and his comments. He stated many people who use this greenway were not aware of the public meeting that occurred in February.

 

Mr. Dave Douse stated regarding the greenway relocation, he is concerned about increased flooding, clearcutting which will impact animal habitat, access to the trail due to construction, and pollution on the lake. He asked the council to consider an alternative site plan to minimize these concerns.

 

Mr. Hank Fiumara spoke about the greenway relocation. He understands the zoning has already occurred, but he feels the homes need to be better integrated with the greenway.

 

Mr. Mike Dodson spoke about the police chief’s retirement and the importance law enforcement in Cary . He asked that when the field of candidates has been reduced to a couple, that the council allow public hearings so that citizen input is allowed.

 

No one else came forward to speak, and Mayor McAlister closed the public speaks out portion of the meeting.

 

Mr. Roseland stated a public input session is scheduled for March 28 on the greenway relocation issue. He understands that the final greenway option will come to the council in the future for review and approval. He wants to ensure unencumbered access to Umstead Park from this greenway.

 

Mayor Pro Tem Smith stated he recalls that the greenway relocation has already been approved. He asked if the council can legally revisit this action.

 

Mrs. Robison stated the issue of the greenway realignment is what will come back to council – not the rezoning. She understands this is Mrs. Henderson’s intention (director of parks, recreation and cultural resources).

 

Mayor Pro Tem Smith and Mrs. Robison discussed their recollection of the contents of the minutes from the September 9, 2004 council meeting with regard to rezoning case 04-REZ-06 (refer to those minutes for the actual discussion about the greenway relocation). Ms. Dorrel added that during the rezoning process there was a general discussion about the greenway relocation, but the process since that time has dealt with the specific location. She stated there was a public input session on February 22, 2004 . Staff presented this information to the parks, recreation and cultural resources advisory board at their last meeting. She stated since there were so many concerns raised by citizens, the staff recommended holding another public input session, the results of which would come back to the advisory board. She stated it has always been the intent to take the issue to the Planning and Development Committee meeting and then onto the council meeting for final approval.

 

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

 

There were no Land Development Ordinance discussion items.

 

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G.   COMMITTEE REPORTS (discussion items)

 

1.   Operations Committee, March 2, 2005 (any item pulled from the Operations Committee consent agenda for discussion [item B.3. on this agenda] will be discussed during this portion of the agenda) (Council Member Robinson)

 

There were no Operations Committee discussion items.

 

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

 

1.   Maynard Pond (EN05-062)
Operations Committee unanimously recommended denial of a request to finance dredging of Maynard Pond. The council tabled this item for a 60 day period at the
January 13, 2005 council meeting to allow all parties to work together on possible options. Council may table this request for an additional 30 days; a related issue will be on the March Planning and Development Committee agenda. (Mr. Tim Bailey)

 

Mr. Bailey of the engineering department stated staff is considering a neighborhood improvement grant program, which is being heard at the March Planning and Development Committee meeting. Staff suggests tabling the Maynard Pond item for an additional 30 days to allow the council to first make a decision on the grant program, which could be a potential solution to the Maynard Pond issue and other issues in Town.

 

ACTION: Mr. Roseland made a motion to table this item for 30 days or until the grant program is decided by the Planning and Development Committee. Mr. Joyce provided the second, and council granted unanimous approval.

 

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I.    CLOSED SESSION

 

ACTION: Mr. Joyce moved for closed session for the following purposes, and Mrs. Robison provided the second:

 

Pursuant to G.S. 143-318.11(a)(3), closed session was called to consult with the attorneys employed by and/or retained by the Town in order to preserve the attorney-client privilege between the attorneys and the Town. Among other things, the council expects to receive advice concerning Al Hashemi vs. the Town of Cary , et.al. and ARH International Company and Al Hashemi vs. the Town of Cary , et.al.

 

Mrs. Robison stated she needs to leave the meeting at this point, and she requested to be excused from the closed session and the open meeting following the closed session.

 

ACTION: Mayor Pro Tem Smith made a motion to excuse Mrs. Robison from closed session. Mrs. Robinson provided the second, and council granted unanimous approval.

 

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

 

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J.   ADJOURNMENT

 

ACTION: Mr. Roseland made a motion to adjourn at 10:40 p.m. Mrs. Robinson provided the second, and council granted unanimous approval. (Mrs. Robison was officially excused; therefore, she is not counted as voting on this motion. Mr. Joyce was not in the room during the motion; therefore, the record reflects an affirmative vote for him.)