|
Cary
Town
Council Meeting Minutes
Thursday,
August 11, 2005
6:30
PM
Temporary Council
Chambers
Herb
Young
Community
Center
101
Wilkinson Avenue
,
Cary
,
N.C.
Present:
Mayor Pro Jack Smith, Council Members Marla Dorrel, Mike Joyce,
Jennifer Robinson, and Julie Robison
Absent:
Mayor Ernie McAlister and Council Member Nels Roseland
A.
COMMENCEMENT
1.
Call to Order (Mayor Pro Tem Smith)
Mayor
Pro Tem Smith called the meeting to order at
6:30 p.m.
_________________________
2.
Ceremonial Opening (Mr.
Joyce)
Mr.
Joyce provided the ceremonial opening.
_________________________
3.
Adoption of agenda (Town Council)
ACTION:
Mrs. Robinson moved to adopt the agenda as proposed; Ms. Dorrel
provided the second; council granted unanimous approval.
(The
agenda format is contained within these minutes.)
_________________________
B.
CONSENT AGENDA
1.
Regular Consent Agenda
(any regular consent agenda item
pulled for discussion will be discussed at the beginning of the
old/new business portion of the agenda, which is item H on this
agenda)
Click on
the above link to see the full text minutes of all the regular consent
agenda items. The list of regular consent agenda items
follows:
a.
Consideration of approval of the minutes
of the regular town council meeting held on July
28, 2005. (Approved)
b.
Consideration
of approval of the tax report adopted by the
Wake County Commissioners on
July
11, 2005. (Approved)
c.
Consideration of adoption
of a Memorandum of Understanding from the Capital Area Metropolitan
Planning Organization (CAMPO) to expand its area because of changes to two
existing CAMPO boundaries – the Urbanized Area Boundary and the
Metropolitan Planning Area Boundary. (Approved)
d.
Consideration of adoption of
a certificate of sufficiency and a resolution calling for a public hearing
to be conducted on September 8, 2005 for annexation
05-A-15. The property is owned by Willard Mills, is located at 7828
Emery Gayle Lane, contains 61.34 acres, and is associated with rezoning
05-REZ-14 (Mills property) and 05-REZ-17 (conservation overlay). (Approved)
_________________________
2.
Land Development Consent
Agenda (any land
development consent agenda item pulled for discussion will be
discussed at the beginning of the land development discussion portion
of the agenda, which is item F on this agenda)
Click on
the above link to see the full text minutes of all the Land
Development consent agenda items. The list of Land
Development consent agenda items follows:
a.
Rezoning
05-REZ-09 (Dellinger Planned Development Amendment)
The property is located in the northeast corner of the intersection of Dillard Drive
and Piney Plains Road and contains approximately three acres. The
request is to amend the existing planned development to allow self-storage
facilities as a permitted use. (Approved)
b.
Rezoning
05-REZ-10 / Land Plan Amendment 05-LPA-05 (Cary Park Planned
Development Amendment)
The property is located in the northeast quadrant of the intersection of
Cary Glen Boulevard and Carpenter Fire Station Road in the Cary Park
Planned Development and contains 28.13 acres. The request is to amend the
existing planned development to remove the commercial and office uses from
the parcel and to retain only the residential uses. The request also
includes adding single family detached uses to the list of permitted uses,
along with the current single family attached and multi-family uses. The
current land use plan designation is Mixed Use; the proposed land use plan
designation is Medium Density Residential. (Approved)
_________________________
3.
Operations Committee,
August 3, 2005 (any
committee consent agenda item pulled for discussion will be discussed
at the beginning of the committee discussion portion of the agenda,
which is item G on this agenda)
(Mrs. Robinson)
Click on
the above link to see the full text minutes of all the Operations
Committee consent agenda items. The list of Operations
Committee consent agenda items follows:
a.
Consent Agenda
(1)
Basin Wide Water Surface Profiles and Drainage System Analysis (EN06-013)
Committee unanimously recommended awarding a contract for the Basin
Wide Water Surface Profiles and Drainage System Analysis to Dewberry
and Davis, Inc. for $321,999 and an appropriation of $321,999 from
General Fund Fund Balance to fund this capital project.
(Approved)
(2)
Bid Award – High House
Road Widening and Bridge Replacement (EN06-014)
Committee unanimously recommended bid award
for the construction of High House Road from NC55 to east of Carpenter
Upchurch Road and replacement of railroad bridge to CC Mangum for
$6,441,063.26 and that an additional $300,000 in Transportation
Development Fee restricted fund balance within the General Capital
Reserve be appropriated as revenue for this project to the
construction expenditure account.
(Approved)
(3)
Recognition of grant
award (PD06-001)
Committee unanimously recommended 1)
recognition of $13,317 awarded by the United States Department of
Justice to the General Fund Justice Assistance account, 2)
appropriation of $13,000 to the Police Department’s Capital
Equipment account for the purchase of two vide camera systems, and 3)
appropriation of $317 to the Police Department’s uniform account for
the purchase of ten traffic safety vests.
(Approved)
(4)
Noise Ordinance Revision
(PD06-002)
Committee unanimously recommended revising the noise ordinance to
allow trash pickup on Saturdays. Committee
requested that staff track all complaints about noise on Saturday
mornings, work with private haulers to minimize or eliminate work in
or near residential areas early in the morning, and report back to the
committee in six months.
(Approved)
(5) Stop
Street
Amendments (PD06-003)
Committee unanimously recommended amendments
to Article XI Sec. 34-329 Schedule IX: Stop Streets.
(Approved)
(6)
School Speed Zones (PD06-004)
Committee unanimously recommended the
addition of the school speed zones for
Highcroft Drive.
(Approved)
(7) C-Tran
Fixed Route
Standards and Goals (PL06-006)
Committee unanimously recommended approval
of Standards and Goals for the Upcoming C-Tran Fixed Route Service.
(Approved)
(8)
Landscape Agreement:
Harrison Avenue
Median Planting (PWUT06-003)
Committee unanimously recommended approval
of a Landscape Agreement, whereby North Carolina Department of
Transportation would reimburse the Town of Cary
$39,214.93 for expenses incurred in
completion of the median landscape planting plan along
N. Harrison Avenue.
(Approved)
(9)
Modifications to Policy
Statement 143, Rules of Procedure for Cary Town Council (TC06-001)
Committee unanimously recommended approval
of modifications to Policy Statement 143, Rules of Procedure for Cary
Town Council, clarifying that during the Public Speaks Out portion of
the meeting, speakers may speak on any topic unless it is a topic for
which a public hearing is being held during the same meeting.
(Approved)
(10)
Stormwater Utility Fee
(EN06-005)
Committee recommended that the town take no
action related to a stormwater utility fee pending the completion of Wake
County’s feasibility study.
(Approved)
b.
For Information Only (no council action required)
(1)
Wallace Woodall Vacuum
Pumping Service/East Coast Resources Civil Penalty Appeal (PWUT06-002)
Wallace Woodall Vacuum Pumping Service/East
Coast Resources withdrew their appeal. (For
information only; no action required)
_________________________
C.
RECOGNITIONS, REPORTS, AND PRESENTATIONS
1.
Presentation of the State Treasurer's Governmental
Accounting/Financial Management Award to Karen Mills, Finance
Director. (Ms.
Sharon Edmundson, State Treasurer’s Office; and Mr. Greg Allison,
UNC School of Government, on behalf of the N.C. Association of
Certified Public Accountants)
Mr.
Allison and Ms. Edmundson presented the award to Finance Director
Karen Mills.
_________________________
D.
PUBLIC HEARINGS
The
following rules apply to the first special use public hearing (SU
#05-SU-004):
This
quasi-judicial hearing considers an application for a variance or a
special use permit. It requires an evidentiary hearing on the
application, which will be heard by Council acting as a quasi-judicial
board. The purpose of the hearing is to enable Council to gather
legally acceptable evidence in order to establish sufficient facts to
apply the applicable ordinance. No ex
parte contact of Council is permitted. This means that Council
should not discuss or receive information about the merits of the case
from the parties, or members of the public, before the hearing. All
testimony before Council must be "sworn" testimony. All
persons wishing to speak on this matter must be sworn in. Applicants
may elect to be represented by legal counsel. All persons wishing to
speak will be given a reasonable time in which to be heard; however,
groups are encouraged to select a spokesperson to speak for the group
in order to avoid repetitious testimony. All documents provided to
Council to consider as evidence should be numbered and copies must be
provided to the Clerk and to the other party. Inflammatory, irrelevant
or repetitious testimony is not permitted.
The
applicant has the burden of producing sufficient substantial,
competent and material evidence for the Council to conclude that the
standards of the applicable ordinance(s) have been met.
PROCEDURE FOR
THE HEARING
The
procedure for hearing this case is as follows:
·
A
staff representative presents a preliminary statement.
·
The
applicant is called on to present the argument in support of the
application, followed by others who wish to speak in support of the
application.
·
Persons
opposed to the application are invited to speak.
·
Both
sides are permitted to question the other side.
·
Both
sides are permitted to present rebuttals.
·
The
hearing is closed.
The
Council deliberates in order to reach a decision. In the course of the
deliberation, the Council may ask questions of the staff, the
applicant or others who have testified, but beyond that, additional
comments from the floor will be admitted only at the discretion of the
Mayor.
1.
Special Use 05-SU-004
Consideration of a special use permit to allow a large home daycare on
a 0.45 acre site located at
311 E. Chatham Street
. Council
may take action following the public hearing.
(Ms. Jennifer Currin)
Special
Uses are generally compatible with other land uses permitted in the
zoning district, but because of their unique characteristics or
potential impacts on the surrounding neighborhood and the Town, they
require consideration as to location, design, configuration, and
operation at the particular location proposed {LDO Sec. 3.8.1(A)}.
If a site plan were to be necessary, then it would be reviewed
in coordination with the Special Use Permit application.
Requested
Town Council Action
The
applicant and property owner, Catherine Shearin, has requested a
Special Use Permit to operate a large day care home at
311 E Chatham St.
in the
Town
Center
. The
property is zoned Town Center- Mixed Use (MXD).
According to Table 5.1-2 of the Land Development Ordinance (LDO)
a large day care home is permitted in the
Town
Center
zoning district only through the granting
of a Special Use Permit by the Town Council.
Proposal
The
applicant, Catherine Shearin has requested a Special Use Permit in
order to open a large in day care home for the care of eight children
ages 1 to 5 years. The property is 0.45 acres and contains a single
family home. Due to a previous business, there are nine existing
parking spaces on site. Therefore, the required five parking
spaces – two for the residence and three for the day care home –
are provided. The building will require no exterior alterations to
amend its use from single family residential to large home day care,
so no site plan accompanies this request.
Neighborhood
Concerns
Notices
were sent out to the surrounding property owners.
No inquiries were received at the time this staff report was
completed.
Staff
Recommendation:
Staff
believes that the request meets the required seven special use
standards of Section 3.8.3 necessary for approval of the Special Use
Permit. Staff recommends
approval of the Special Use Permit without conditions.
CASE 05-SU-004
311 E. Chatham St
.
Large
Home Day Care
CARY
TOWN COUNCIL
WORKSHEET
AND SUGGESTED MOTIONS
SPECIAL
USE
Section
3.8.3 requires that the following seven general standards must be met
in order for the Town Council to grant a Special Use:
(A)
The proposed use or development of the land will
generally conform with the Comprehensive Plan, other official plans
and manuals or documents adopted by the Town;
Staff
comment – The principal use of this property will remain as a single
family residential dwelling, which conforms to the comprehensive plan.
TEST
SATISFIED? __ YES __ NO
(B)
The proposed use or development of the land will not
materially endanger the public health or safety;
Staff comment - A large day care
home located within an existing residential neighborhood would not
endanger the public health or safety through its existence.
A certificate of occupancy will be awarded by the Town of
Cary
only after the day care meets all applicable state and local safety
and building code requirements.
TEST
SATISFIED? __ YES __ NO
(C)
The proposed use is reasonably necessary for the public
health or general welfare, such as by enhancing the successful
operation of the surrounding area in its basic community functions or
by providing an essential service to the community.
Staff comment – Child care is an
essential service to the community and a home setting is desirable for
many families seeking child care.
TEST
SATISFIED? __ YES __ NO
(D)
The proposed use or development of the land will not
substantially injure the value of adjoining or abutting property;
Staff comment – Home occupations
exist in all residential zoning districts without injuring the value
of adjoining or abutting property.
TEST
SATISFIED? __ YES __ NO
(E)
The proposed use or development of the land will be in
harmony with the scale, bulk, coverage, density, and character of the
area or neighborhood in which it is located;
Staff comment – There will be no
changes to the exterior of the existing building.
TEST
SATISFIED? __ YES __ NO
(F)
The proposed use is appropriately located with respect
to transportation facilities, water supply, fire and police
protection, waste disposal, and similar facilities;
Staff comment - Water and sewer will
be provided by the facilities currently on-site.
A large home day care will not impact the delivery of municipal
services to the area.
TEST
SATISFIED? __ YES __ NO
(G)
The proposed use will not cause undue traffic congestion
or create a traffic hazard or unsafe pedestrian pathway;
Staff comment - The use will
generate less than 100 peak hour trips, the level at which a traffic
impact study would be required. A
large home day care will not create a traffic hazard or unsafe
pedestrian pathways.
TEST
SATISFIED? __ YES __ NO
MOTION
TO GRANT APPLICATION WITHOUT CONDITIONS
I
HEREBY MAKE A MOTION THAT APPLICATION NO. 05-SU-004
HAS
SUCCESSFULLY MET THE REQUIREMENTS OF SECTION 3.8.3 OF THE
CARY
LAND
DEVELOPMENT ORDINANCE AND IS HEREBY GRANTED WITHOUT CONDITIONS.
MOTION
TO GRANT APPLICATION WITH CONDITIONS
I
HEREBY MAKE A MOTION THAT APPLICATION NO. 05-SU-004
HAS
SUCCESSFULLY MET THE REQUIREMENTS OF SECTION 3.8.3 OF THE
CARY
LAND
DEVELOPMENT ORDINANCE AND IS HEREBY GRANTED SUBJECT TO THE FOLLOWING
CONDITIONS:
1.__________________________________________________________________
2.__________________________________________________________________
3.__________________________________________________________________
MOTION
TO DENY APPLICATION
I
HEREBY MAKE A MOTION THAT APPLICATION NO.05-SU-004 HAS FAILED
TO MEET THE REQUIREMENTS OF SECTIONS 3.8.3. OF THE
CARY
LAND
DEVELOPMENT ORDINANCE AND THE APPLICATION IS DENIED DUE TO THE
FOLLOWING FINDINGS:
1.__________________________________________________________________
2.__________________________________________________________________
3.__________________________________________________________________
The
town clerk administered an oath to Ms. Catherine Shearin, which is
attached to and incorporated in these minutes as Exhibit
A.
Ms.
Jennifer Currin of the planning department presented a power point
presentation, which is attached to and incorporated in these minutes
as Exhibit B.
Ms.
Catherine Shearin, owner and operator of the future daycare facility,
stated she is a mother and an educator with a vision of a top quality
early education program for parents in the
Cary
area. She will be classified as a daycare,
but she will offer a five-star early learning program with certified
teachers, low ratios and a sound developmental curriculum. She stated
this use fits well into the town center model. She stated she will
help promote economic development in the downtown
Cary
area.
No
one else was sworn in to speak, and Mayor Pro Tem Smith closed the
public hearing.
ACTION:
Mr. Joyce made a motion that application 05-SU-004 has successfully
met the requirements of Section 3.8.3 of the
Cary
Land
Development Ordinance and is hereby approved
without conditions. Mrs. Robinson provided the second.
Mrs.
Robison asked if the use will be primarily devoted to business use.
Ms. Currin stated Ms. Shearin will also reside in the home.
Ms.
Dorrel pointed out that parking is already sufficient. She believes
the request meets all the findings as outlined in the Land Development
Ordinance and it will provide a much needed service.
ACTION:
Vote was called for on the motion to approve the request, and council
granted unanimous approval.
_________________________
2.
Rezoning 05-REZ-24 (Young Property)
This request represents a portion of the property located at
1344
Old Apex Road
and
contains 3.7 acres. The current zoning is General Commercial
Conditional Use; the proposed zoning is Residential-40, which would
return the property to its original residential zoning. Council
may continue this public hearing to the
August
25, 2005
council meeting to allow the rezoning and associated land plan
amendment public hearing to occur simultaneously.
(Mrs. Debra Grannan)
(The
datasheet will be included in the
August 25, 2005
council meeting minutes.)
ACTION:
Mrs. Robinson moved to continue the public hearing to the
August
25, 2005
council meeting. Ms. Dorrel provided the second, and council granted
unanimous approval.
_________________________
3.
Activity Center Concept Plan 05-AC-004 / Land Use Plan
Amendment 05-LPA-04 (Wrennwood)
The property is located in the southwest corner of the intersection of
Kildaire Farm Road and Wrenn Drive and contains 5.37 acres. The
purpose of this application is to establish an
Activity
Center
Concept Plan providing areas of multi-family and commercial
development. The current land use plan designation is High Density
Residential; the proposed land use plan designation is Mixed Use. Council
may forward this item to the
September 19, 2005
Planning and Zoning Board meeting.
(Mr. Bob Benfield)
Click on the
above link to see the full text minutes of this particular agenda item
(05-AC-004).
_________________________
4.
Horton Planned
Development-Related Public Hearings:
Council
may forward these items to the September 19, 2005 Planning and Zoning
Board meeting. (Ms. Angela Reincke)
a.
Rezoning 05-REZ-11 /
Land Plan Amendment 05-LPA-07 (Horton Planned Development District)
The property is located 370 feet south of the intersection of Green
Level to
Durham
Road
and
O’Kelly
Chapel Road
and
contains 36.02 acres. The proposed development includes
single-family detached residential. The current land use plan
designation is Medium Density Residential to High Density Residential;
the proposed land use plan designation is Low Density Residential.
This request amends the Comprehensive Transportation Plan by deleting
a collector road.
b.
Rezoning 05-REZ-12 (Amberly
Activity Center Overlay District)
The property is located in the southwest corner of Green Level to
Durham
Road
and
O’Kelly
Chapel Road
and
contains 41.34 acres. This staff-initiated request is for the
approval of an Activity Center Overlay District (ACOD) designation for
areas mapped for such designation on the Northwest Area Plan.
This overlay lays the groundwork to approve the
Activity
Center
Concept Plan.
The Land Development Ordinance requires that an ACOD
designation be installed onto a property before an
Activity
Center
Concept Plan may be approved.
c.
Activity Center Concept
Plan 05-AC-002 (Horton Activity Center Concept Plan)
The purpose of this application is to establish an Activity Center
Concept Plan providing areas of
commercial and single family detached residential development on 41.34
acres of land. (See property location description in item 05-REZ-12
[above].)
Click on the
above link to see the full text minutes of this particular agenda item
(Horton development).
_________________________
5.
Rezoning 05-REZ-23 (Stalls Medical)
The property is located at 502
and
504
Reedy Creek Road
and
contains 2.96 acres. The request is to amend the conditions of the
existing Office, Research and Development Conditional Use Zoning to
allow for vehicle sales and rental as a permitted use. Council
may forward this item to the
October 24, 2005
Planning and Zoning Board meeting.
(Ms. Angela Reincke)
Click on the
above link to see the full text minutes of this particular agenda item
(05-REZ-23).
_________________________
6.
Rezoning 05-REZ-25 / Land Plan Amendment 05-LPA-15 (
Woodland
Terrace)
The property is located at
400
Kildaire Woods Drive
and
contains 21.6 acres. The request is to amend the conditions of the
existing Office and Institutional Conditional Use Zoning to allow an
increase in the residential density, to direct the placement of
buildings, and to modify buffer requirements. The current land use
plan designation is Medium Density Residential; the proposed land use
plan designation is High Density Residential. Council
may forward this item to the
October
24, 2005
Planning and Zoning Board meeting.
(Mr. Philip Smith)
Click on
the above link to see the full text minutes of this particular agenda
item (05-REZ-25).
_________________________
7.
Rezoning 05-REZ-26 / Land Plan Amendment 05-LPA-13 (Amberly
Planned Development District Amendment)
The property is located southwest of the intersection of Pittard Sears
Road and O’Kelly Chapel Road, approximately 5,400 feet west of the
intersection of O’Kelly Chapel Road and Green Level to Durham Road.
The property contains 38.85 acres. The current zoning of the property
is Chatham County Residential Agricultural, and the request would
expand the medium density age restricted community associated with the
Amberly Planned Development District. The current land use plan
designation is Very Low Density Residential and Low Density
Residential; the proposed land use plan designation is medium density
residential. Council may forward
this item to the
October
24, 2005
Planning and Zoning Board meeting.
(Mr. Bob Benfield)
Click on
the above link to see the full text minutes of this particular agenda
item (05-REZ-26).
_________________________
8.
Rezoning 05-REZ-28 / Land Plan Amendment 05-LPA-12 (Laurel
Park Planned Development District)
The property is located at
2450
Laura Duncan Road, southeast
of
the intersection of
Laura Duncan Road
and
Old
Apex Road
.
The current zoning is Office, Research and Development; the proposed
zoning is Planned Development District and will provide for a
residential mixed-use medium density community. The current land use
plan designation is Office/Industrial; the proposed land use plan
designation is Medium Density Residential. Council
may forward this item to the
October
24, 2005
Planning and Zoning Board meeting.
(Mr. Bob Benfield)
Click on
the above link to see the full text minutes of this particular agenda
item (05-REZ-28).
_________________________
9.
Rezoning 05-REZ-29 / Land Plan Amendment 05-LPA-16 (Dilweg
Property)
The property is located immediately south of the intersection of Davis
Drive and Collins Road and 70 feet east of Davis Drive
Elementary/Middle School and contains 9.6 acres. The current zoning is
Office and Institutional Conditional Use; the proposed zoning is
Office, Research and Development Conditional Use. The current land use
plan designation is Office and Institutional; the proposed land use
plan designation is Office, Research and Industrial. Council
may forward this item to the
October
24, 2005
Planning and Zoning Board meeting.
(Mr. Philip Smith)
Click on
the above link to see the full text minutes of this particular agenda
item (05-REZ-29).
_________________________
E.
PUBLIC SPEAKS OUT (one hour time limit)
Mr.
Larry Ballas stated people from
Chatham
County
, New Hill, and Dutchman Downs – all who are
Cary
's neighbors -- do not
necessarily agree with the same views and ratings of
Cary
, such as the ratings of
the national groups who rate towns and cities and publish their views
yearly in various publications (i.e., Money magazine). He stated that
these
Cary
neighbors are
tremendously impacted by
Cary
decisions, but they have
no representation because they are not
Cary
residents.
Mr.
Paul Barth, a New Hill resident and president of the New Hill
Association, showed a poster detailing an aerial view of New Hill. He
asked the council to reconsider the Progress Energy site for the
plant.
Ms.
Tonya Forbes, a New Hill resident, stated that she and other New Hill
residents have spent time researching the data on the proposed
wastewater facility, and they have been told it will cost an estimated
$27 million to site the facility at the alternate location
(approximately one mile away from the current New Hill site). She
stated they asked about five weeks ago for a detailed cost analysis of
the $27 million, but to-date no one has provided them with this
analysis. She stated she took the $27 million and divided it by the
150,000 users and came up with $180 per user. She contrasted this to
the $250 per year that she personally pays annually to service and
maintain her septic system, and she added that she paid for this
herself and does not ask the citizens to subsidize the cost of her
sewage treatment. She stated the citizens of the Western Wake Partner
communities should likewise foot the bill for their own sewage
treatment. She believes the cost argument is not valid.
Ms.
Forbes stated Cary Public Information Officer Susan Moran recently
stated that “social, cultural, and environmental issues were part of
the reasons for the site in New Hill being selected.” She challenged
the council to cite even one instance in which the New Hill site is
better in any of these categories as compared to the site to the south
and east of U.S. 1. She has looked at part of the draft environmental
impact statement that was submitted by the Western Wake Partners, and
she thinks it is an insult to the long-time residents of New Hill and
particularly to the minority population. She stated the data was
manipulated so they could state that the effects of the nuclear plant
are ignored. She urged the council to reconsider and to do the right
thing.
Ms.
Carolyn Sink, a New Hill resident, stated she recently send the
council members an e-mail requesting that they revisit the site
selection issue. She stated an Apex Commissioner had the courage to
speak up. She stated that Susan Moran said on a Channel 17 interview
recently that “condemnation was a last resort.” She does not see
how this can be accurate when the Progress Energy site was not even
considered and is not on the short list for evaluation. She stated Ms.
Moran also stated that “even if Progress Energy gave the land that
the Progress Energy site would not be considered because of cost.”
She stated this is insulting to the residents of New Hill. Ms. Sink
wonders if Progress Energy has offered the land. She added that
according to Ms. Moran, these meetings with Progress Energy have no
minutes. She stated U.S. 1 must be tunneled under no matter which site
is selected in order for the water to get to the
Cape
Fear
Basin
. She stated it is a matter of whether the
pipes are tunneled under with effluent or with sewage. She stated in
Tables 1-3 in Technical Memorandum 8.0, the cost of project was rated
and weighted as the least important – 0.25 as compared to the other
weighted factors, including number of property owners and cultural
aspects of community. She stated these ethics were eliminated in
Technical Memorandum 8.1.
Ms.
Sink stated if you take the $27 million -- keeping in mind that it is
costed out to 2030 and the second pipeline is to be installed in 2020
-- then this equates to $180 per year per person. She stated you can
then divide the $180 by 25 years, and the result is sixty cents per
month or two cents per day.
Mr.
Ross Tonkens, a
Carpenter
Village
resident, stated he represents the
citizens of
Carpenter
Village
. He stated the Magnolia Subdivision is
slated to be constructed west of
Carpenter
Village
and south of
Morrisville Carpenter Road
. They welcome the new neighbors. He stated
a meadow and pond buffer the subdivision from
Carpenter
Village
. He urged the council not to allow the
developer to extend the subdivision by draining the pond and grading
the area, including the pond and the meadow, to build tract homes.
_________________________
F.
LAND DEVELOPMENT DISCUSSION ITEMS
(any item pulled from the land development consent agenda for
discussion [item B.2. on this agenda] will be discussed during this
portion of the agenda)
There
were no land development discussion items on this agenda.
_________________________
G.
COMMITTEE REPORTS (discussion
items)
Operations
Committee,
August
3, 2005
(any item pulled from the committee
consent agenda for discussion [agenda item B.3.] will be discussed
during this portion of the agenda) (Mrs. Robinson)
There
were no committee discussion items on this agenda.
_________________________
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)
There
were no old/new business items on this agenda.
_________________________
I.
CLOSED SESSION
ACTION:
At
8:57
p.m.
,
Ms. Dorrel moved to call for closed session for the following reasons,
Mrs. Robinson provided the second; council granted unanimous approval:
Pursuant
to G.S. 143-318.11(a)(3), (4), and (5), closed session was called to:
1.
Consult with 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 John and Kim Summers v. Town of Cary.
2.
Discuss matters relating to the location or expansion of industries or
other businesses in the Town.
3.
Instruct the Town staff concerning the position to be taken by or on
behalf of the Town in negotiating the price and other material terms
of contracts or proposed contracts for the lease of SAS Soccer Park
property owned by the State of North Carolina, which is located at 201
Soccer Park Drive.
_________________________
J.
ADJOURNMENT
ACTION:
At
9:25
p.m.
,
Ms. Dorrel moved to adjourn; Mrs. Robison provided the second; council
granted unanimous approval.
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