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.

 

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2.    Ceremonial Opening (Mr. Joyce)

 

Mr. Joyce provided the ceremonial opening.

 

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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.)

 

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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)  

 

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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)

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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)

 

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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.

 

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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.

 

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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.

 

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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).

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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).

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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).

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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).

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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).

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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).

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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).

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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.

 

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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.

 

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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.

 

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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)

 

There were no old/new business items on this agenda.

 

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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.

 

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J.   ADJOURNMENT

 

ACTION: At 9:25 p.m. , Ms. Dorrel moved to adjourn; Mrs. Robison provided the second; council granted unanimous approval.