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Thursday, January 10, 2008
6:30 PM
Present: Mayor Harold Weinbrecht, Mayor Pro Tem Julie Robison, Council
Members Gale Adcock, Don Frantz, and Ervin Portman; Council Member
Jennifer Robinson arrived late, and her arrival time is noted in the
minutes
Absent: Council Member Jack
Smith
A. COMMENCEMENT
1.
Call to Order (Provided)
Mayor Weinbrecht called
the meeting to order at
_________________________
2.
Ceremonial Opening (Mrs.
Adcock)
Mrs. Adcock provided the
ceremonial opening.
Mrs. Robinson arrived at
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3.
Adoption of agenda (Town
Council)
ACTION: Mrs. Robison
moved to adopt the agenda; Mr. Portman provided the second; council
granted unanimous approval.
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B.
CONSENT AGENDA
The council pulled
consent agenda items 4.p., street litter update; 4.t., traffic calming
on
1.
Regular Consent Agenda (any
regular consent agenda item pulled for discussion will be discussed at the
end of the old/new business portion of the agenda, which is item H on this
agenda) a.
Consideration of approval of the minutes of the regular town
council meeting held on
ACTION: Mrs. Adcock moved
to adopt the consent agenda; Mr. Frantz provided the second; council
granted unanimous approval.
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2.
Land Development Consent Agenda (any
land development consent agenda item pulled for discussion will be
discussed at the end of the land development discussion portion of the
agenda, which is item F on this agenda) a.
REZONING 07-REZ-19, Old Apex Rezoning
ACTION: Mrs. Adcock moved
to adopt the consent agenda; Mr. Frantz provided the second; council
granted unanimous approval.
(Ordinance is also
on file in the town clerk’s office.)
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b.
07-SP-090, JM Thompson Flex Building
ACTION: Mrs. Adcock moved
to adopt the consent agenda; Mr. Frantz provided the second; council
granted unanimous approval.
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3.
Planning and Development Committee, a.
Interlocal Inspections Agreement for Newly Annexed Properties
(IP08-003)
ACTION: Mrs. Adcock moved
to adopt the consent agenda; Mr. Frantz provided the second; council
granted unanimous approval.
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b.
ACTION: Mrs. Adcock moved
to adopt the consent agenda; Mr. Frantz provided the second; council
granted unanimous approval.
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4.
Operations Committee, a.
NCDOT Municipal Agreement
for
ACTION: Mrs. Adcock moved
to adopt the consent agenda; Mr. Frantz provided the second; council
granted unanimous approval.
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b.
Bid Award – Swift Creek
Crossing Sanitary Sewer Extension (EN08-063)
ACTION: Mrs. Adcock moved
to adopt the consent agenda; Mr. Frantz provided the second; council
granted unanimous approval.
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c.
Recognition of Funds for
Damage Incurred at South Cary Water Reclamation Facility (SCWRF) (EN08-065)
ACTION: Mrs. Adcock moved
to adopt the consent agenda; Mr. Frantz provided the second; council
granted unanimous approval.
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d.
Additional Funding for
ACTION: Mrs. Adcock moved
to adopt the consent agenda; Mr. Frantz provided the second; council
granted unanimous approval.
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e.
Bid Award – 2007
Inflow/Infiltration Elimination and Manhole Repair Project (EN08-067)
ACTION: Mrs. Adcock moved
to adopt the consent agenda; Mr. Frantz provided the second; council
granted unanimous approval.
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f.
Agreement with
ACTION: Mrs. Adcock moved
to adopt the consent agenda; Mr. Frantz provided the second; council
granted unanimous approval.
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g.
Special Audit Reports (FN08-05)
ACTION: Mrs. Adcock moved
to adopt the consent agenda; Mr. Frantz provided the second; council
granted unanimous approval.
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h.
Amendments to Schedules
(Stop Streets) (PD08-012)
ACTION: Mrs. Adcock moved
to adopt the consent agenda; Mr. Frantz provided the second; council
granted unanimous approval.
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i.
Amendments to Schedules
(Speed Limit) (PD08-013)
ACTION: Mrs. Adcock moved
to adopt the consent agenda; Mr. Frantz provided the second; council
granted unanimous approval.
_________________________
j.
ACTION: Mrs. Adcock moved
to adopt the consent agenda; Mr. Frantz provided the second; council
granted unanimous approval.
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k.
North Carolina Recreational
Trails Program Grant Application (PR08-16)
ACTION: Mrs. Adcock moved
to adopt the consent agenda; Mr. Frantz provided the second; council
granted unanimous approval.
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l.
Fit Community Designation
(PR08-19)
ACTION: Mrs. Adcock moved
to adopt the consent agenda; Mr. Frantz provided the second; council
granted unanimous approval.
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m.
Contract Amendment and
Appropriation of Funds to the Morrisville Merger Project
(PWUT08-14)
ACTION: Mrs. Adcock moved
to adopt the consent agenda; Mr. Frantz provided the second; council
granted unanimous approval.
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n.
Agreement with Wake County
and Funding for Acreage Fee Reimbursement for the South Wake Waterline
Project (PWUT08-15)
ACTION: Mrs. Adcock moved
to adopt the consent agenda; Mr. Frantz provided the second; council
granted unanimous approval.
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o.
Selection of an Engineer to
Assist With Drought Related Raw Water Quality Conditions (PWUT08-16)
ACTION: Mrs. Adcock moved
to adopt the consent agenda; Mr. Frantz provided the second; council
granted unanimous approval.
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This item was pulled from
the consent agenda for discussion. Refer to item G.2.
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q.
Summerwinds Water and Sewer
Extension Resolution (EN08-060A)
ACTION: Mrs. Adcock moved
to adopt the consent agenda; Mr. Frantz provided the second; council
granted unanimous approval.
(Resolutions are also on
file in the town clerk’s office.)
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r.
Federal Legislative Agenda
for FY2009 (AD08-007)
ACTION: Mrs. Adcock moved
to adopt the consent agenda; Mr. Frantz provided the second; council
granted unanimous approval.
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s.
Organization Review (AD08-008)
ACTION: Mrs. Adcock moved
to adopt the consent agenda; Mr. Frantz provided the second; council
granted unanimous approval.
_________________________
This item was pulled from
consent for discussion. Refer to G.2.
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u.
Dual Force Main Construction
for
ACTION: Mrs. Adcock moved
to adopt the consent agenda; Mr. Frantz provided the second; council
granted unanimous approval.
_________________________
v.
Dual Force Main Construction
for Beaver Creek Force Main (BCFM) (EN08-069)
ACTION: Mrs. Adcock moved
to adopt the consent agenda; Mr. Frantz provided the second; council
granted unanimous approval.
_________________________
This item was pulled from
consent for discussion. Refer to G.2.
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C.
RECOGNITIONS, REPORTS, 1.
Presentation of a proclamation to
former Cary High and current
PROCLAIMING
JOSH ADAMS
DAY IN
WHEREAS,
Josh Adams, Cary High School Class of 2006, was a star running back on
the hometown football field. His accolades while at
WHEREAS,
Josh’s team attitude, his hard work ethic, and his football success at
WHEREAS,
as a six foot, one hundred eighty pound red shirt freshman during the
2007 football season, Josh set a Wake Forest University record for red
shirt freshmen in rushing yards and touchdowns in one season. This
included three 100-yard rushing games, one of which was an amazing
140-yard rushing game against the Florida State Seminoles. Josh finished
the 2007 regular season with 200 rushing attempts for 887 yards and 10
touchdowns, and on the receiving end he had one touchdown and 31
receptions for a total of 121 yards. This outstanding record led to Josh
being named the ACC Rookie of the Week four times during the regular
season. Post season he was named the ACC Offensive Rookie of the Year
and the ACC Rookie of the Year. 2007 was a memorable year for Josh on
the football field.
WHEREAS,
Josh’s outstanding performance was critical to the Demon Deacons
finishing with eight wins and four losses overall, with a record of five
wins and three losses in the ACC, culminating with an invitation to play
Connecticut in the Meineke Car Care Bowl on
NOW, THEREFORE,
I, Harold Weinbrecht, Jr., Mayor of the Town of Cary, North Carolina, on
behalf of the Cary Town Council, do hereby proclaim
PROCLAIMED this 10th
day of January, 2008.
Mr. Frantz presented the
proclamation to Josh Adams.
(Proclamation is also on
file in the town clerk’s office.)
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2.
Presentation of a proclamation to
Cary
citizen Bobby McGill honoring his act of
heroism in our community. (Presented)
RECOGNIZING
BOBBY McGILL
AS A HERO
WHEREAS,
we need heroes in our communities who by their incredible acts of
nobility can inspire us to follow their example; and
WHEREAS,
the Town of Cary is honored to pay tribute to Bobby McGill, a Cary
resident and good Samaritan, who personifies the true meaning of a
“Hero,” and whose compassion and genuine commitment to the welfare of
another human being is a source of inspiration to everyone; and
WHEREAS,
on November 29, 2007, Mr. McGill came to the aid of a woman whom he had
never met, Mrs. Shelly Lynn Spears, who was in the Food Lion parking lot
struggling with a man who tried to grab her purse from her grocery cart;
and
WHEREAS,
Mr. McGill, who witnessed the struggle, rushed over to help Mrs. Spears.
After scaring away the would-be purse snatcher and to ensure the
safety of Mrs. Spears, Mr. McGill followed her to her home. He returned
to the Food Lion shortly thereafter to finish his shopping and speak
with police; and
WHEREAS,
as we honor the nobility of Mr. McGill, we are thankful that the robbery
suspect has been arrested and that Mrs. Spears was left unharmed.
NOW, THEREFORE,
I, Harold Weinbrecht, Jr., Mayor of the Town of Cary, North Carolina, on
behalf of the Cary Town Council, congratulate Bobby McGill for his
heroism, thank him for being such an outstanding citizen, and do hereby
recognize Mr. McGill as a
hero in every sense of
the word.
PROCLAIMED this 10th
day of January, 2008. Mrs. Robison
presented the proclamation to Mr. McGill. (Proclamation is
also on file in the town clerk’s office.)
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3. Recognition of Sam Trogden of the Parks, Recreation and Cultural
Resources staff as recipient of the Outstanding Young Professional Award
from the NC Recreation and Park Association. (Presented)
Mr. Waters presented the
award to Mr. Trogden.
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4. Presentation of the NC Recreation and Parks Association Arts and
Humanities Award to the Parks, Recreation and Cultural Resources
Department for the 30th Annual Lazy Daze Arts & Crafts Festival. (Presented)
Mr. Waters presented the
award to Carol Aupperle, Festivals Committee Chair, and Joy Cox of the
parks, recreation and cultural resources department.
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D.
PUBLIC HEARINGS 1. Public hearing to consider a proposal for a new boards and commissions appointment process. Following the public hearing the council may take action on the proposal and may consider various waivers to the Town Code. ACTION TAKEN: (1) Deferred the new process to a future work session that will occur after the 2008 appointments are made. (2) For the 2008 appointments, council members will notify the clerk's office of their appointment preferences; these preferences will be public record; the council board/commission liaison will interview these applicants (in person or by phone); any individual council member may also choose to interview any applicant. Council will make appointments at the 2/14/08 council meeting, and terms of new appointments will commence on 3/1/08, which in effect waives code provisions requiring terms to begin Feb. 1; current members will be asked to serve through Feb. (3) Beginning immediately, the planning & zoning board & town center review commission chairs will give reports at council meetings outlining their board's recommendations. (4) Amended the boards/commissions ethics guidelines policy to remove
the following language:
Ms. Carol Aupperle
encourged the council to review the entire process. She suggested
different application forms for each board with specific questions
pertinent to the skillset needed for that particular board. She stated
the Web site information is not detailed enough and should provide a
list of skills a person should possess to be effective as a board
member. She stated the application does not allow resumes but only
information that might distinguish the applicant from other applicants,
which is difficult without specific information about the boards. She
stated there is a potential for approximately 350 interviews each year
based on the way the proposal is written. Instead, she thinks a well
thought out application would result in a more effective use of
council’s time and the applicant’s time. She urged council to review the
entire process.
Ms. Ginny Lou Laughlin
spoke against the proposal. Her verbatim comments are attached to and
incorporated in these minutes as
Exhibit.
Mr. Ian Hinshaw, chair of
the sister cities commission, stated many current board/commission
members want to remain a-political and some would not have applied had
the proposed process been in place when they applied. He has been told
by an employment professional that the new process would probably be
illegal for employees. He stated at minimum the council should release
current applicants and all new applicants to opt into the new process if
they choose. He urged council to reopen the application period to
accommodate the new process.
Mr. Dave Forvendel is in
favor of making the process more transparent. He is a past member of the
information services advisory board. He is concerned with the conflict
of interest language to prevent citizens who work in the development
community from serving on certain boards. Instead, he urged council to
consider structuring the planning and zoning board the same as other
boards with specific appointment criteria for membership.
Mr. Bill Oliver spoke in
favor of the proposal and its transparency.
Mr. Brent Miller is in
favor of a more transparent process. He stated the current proposal is a
step forward, and tweaks can be made as appropriate.
The mayor closed the
public hearing.
Mayor Weinbrecht
suggested to handle the nomination, interview and appointment process
and then separately handle the planning and zoning board issue and the
ethics issue.
Mrs. Robinson stated
speakers provided good guidance, and many of the comments cannot be
adequately addressed this year but can be a goal for the next year with
advisory board input.
Mr. Frantz is concerned
with the public interview process as it could discourage some people
from applying. He thinks each individual council member should handle
this in a non-public setting. Town Attorney Simpson stated the council
could meet in small groups as a non-appointed committee without a quorum
of council and conduct non-public interviews. Mrs. Robinson stated this
is similar to how the council has handled this in the past. She outlined
the most recent methods used by council, with item (1) below being what
has been used in the past few years:
(1) each council member
submitted a list of their suggested appointments to the council liaison
to the various boards (and council members may choose not to submit
names for certain boards, thus deferring to the council liaison), and
the liaison would follow up with these candidates by phone or in person
to do the interviews; she stated individual council members may also
choose to follow up with candidates as well; the liaisons would then
make the final recommendations to the council.
(2) each council member
submitted a list of their suggested appointments for each vacant seat to
the town clerk’s office, the clerk staff tallied the choices, and
whoever had the highest number of selections was appointed.
She thinks method (1) has
worked well in the past, and interviews were conducted but not as formal
interview committees and they were not open to the public, but it seems
that citizens are not completely satisfied with it.
Mr. Portman thinks it is
important for people on a short list to have face to face time with
council, but not in a public setting. He has applied in past years and
never heard anything from council members. He stated the process should
not intimidate people. He agrees with the application being board
specific and with the Web site listing skills useful for serving on each
board. He likes the informal non-public interview idea.
Mrs. Adcock stated there
are two issues: (1) how to handle appointments this year; and (2) how to
handle future year appointments. She questioned the feasibility of major
changes during this current application cycle.
Mrs. Robison stated the
proposed changes are a comprehensive undertaking (i.e., laying out
scope, duties, skills for each board). She is concerned with changing
standards for the current appointment year after people have already
applied. She suggested to apply some of the intentions in the current
proposal with the upcoming appointments. She is not certain the
nomination process needs to be changed; rather, the transparency related
to appointments needs to change. She thinks criteria on which decisions
are based should be provided to the public. She suggested to task force
the comprehensive issues, and then establish criteria and process.
Mr. Frantz stated people
are expecting to go off boards in February, and he does not want to open
up the application process again. He wants to move forward with some
version of what is proposed to have a more transparent process this
year.
ACTION: Mr. Portman moved
to defer adoption of this until after we’re through this year’s
appointment process.
Mayor Weinbrecht asked
when the council will make the current year’s appointments. Town Clerk
Sue Rowland suggested that council make appointments at the
ACTION: Mrs. Robinson
stated a second to the motion.
Mrs. Robinson reiterated
the two past processes as outlined above.
Mayor Weinbrecht stated
the council will continue to work on the revised process, which does not
pertain to this year’s appointments unless council voluntarily
incorporates components into this year’s process. Mr. Portman suggested
to use the process for this year by which council works through the
council liaisons to the various boards, but this will require council
members talking to the liaisons in a timely fashion. He stated it will
not require any type of public interviews.
Mayor Weinbrecht believes
strongly that council should immediately be more transparent to the
public about the appointment process, and the proposed method does not
accomplish this goal.
After further discussion
the council concurred with the following process for this year’s
appointments: Council members will provide their choices for each
vacancy to the clerk, which is public information; the council liaison
to each board will interview all the candidates whose names were
provided to the clerk, and individual council members may also conduct
interviews; final recommendations will be made in public at the February
14 council meeting.
ACTION: Vote was called
for on the motion. Mayor Weinbrecht voted “no”; all others voted “aye”;
the motion carried with majority vote.
Mayor Weinbrecht stated
he wants to ensure that the planning and zoning board isn’t overloaded
with conflicts of interest. He concurs with tonight’s speakers in that
criteria should be established for this board similar to what other
boards use, and this would allow developer interests to serve on that
board.
Mayor Weinbrecht would
like the planning and zoning board and town center review commission
chairs to provide the reports to council on the issues coming from their
boards for discussion on the town council agenda at the time of final
vote. He would like all board chairs to make an annual report to the
council at a council meeting.
Mrs. Robison stated the
council previously decided not to have chairs make comments because
planning and zoning board meetings are televised and council can watch
the on-line video. She stated council gets more from watching the video
than hearing a short verbal report at a council meeting.
Mrs. Robinson stated she
believes planning and zoning board members with expertise in the
building industry have been an asset to the board and the council due to
their expertise. She noted that she has compiled specifics if council
wishes to see it.
Mr. Frantz believes all
current board members have the Town’s best interest in mind.
Mayor Weinbrecht
suggested a future work session on a revised boards/commissions process.
ACTION: Mr. Frantz moved
to require planning and zoning board and town center review commission
chairs to report to the town council as needed beginning immediately
(when their recommendations are on the council agenda for discussion),
and to require all board chairs to provide an annual report to council
at a council meeting. Mrs. Robison provided the second.
Mrs. Robinson stated she
will support the motion, but she reiterated the importance of the
council members watching the planning and zoning board on-line video.
ACTION: The council
granted unanimous approval.
Mayor Weinbrecht
suggested to strike the following language that is currently in the
ethics guidelines policy for board/commission members:
ACTION: Mrs. Robison
moved to strike the phrase 1st
to strike phrase: Outside of
public meetings, board members should avoid public acts or comments that
disparage the Town or its processes as noted
above. Mr. Frantz provided the second, and council granted unanimous
approval.
ACTION: Mr. Portman moved
to make the 2008 board/commissions appointments at the
NOTE: The above motion in
effect approves the following waiver to
Chapter 2-161 of
the Town Code: All terms shall begin
on February 1 next following appointment. With the above motion the
council also extended the terms of the current board/commission members
through
The revised policy 147
follows: |