A. COMMENCEMENT

1. Call to Order (Mayor Weinbrecht)

2. Ceremonial Opening (Mr. Frantz)

3. Adoption of agenda (Town Council)

B. CONSENT AGENDA

CONSENT AGENDA items are items unanimously recommended for approval by all involved parties. The agenda has three distinct consent agenda: (1) the regular consent agenda contains standard items that go directly to council in which staff unanimously recommends approval; (2) the land development consent agenda contains items that have been unanimously approved by Town board(s)/commission(s) who have a role in the development process and staff and only require a simple majority vote; and (3) the operations committee consent agenda contains items that have been unanimously approved by the appropriate council committee and staff. A single vote may be taken for the approval of ALL consent agenda items.

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 January 28, 2010, the council/staff retreat minutes, and the January 26, 2010 council work session minutes. (Town Council)

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)

N/A

3. Operations Committee, February 4, 2010 (any committee consent agenda item pulled for discussion will be discussed at the end of the committee discussion portion of the agenda, which is item G on this agenda) (Mr. Smith)

a. IPG Highcroft Village Reimbursement for Offsite Condemnation (EN10-041)
Committee unanimously recommended recognition of $1,000,000 in developer reimbursement revenue from Impact Properties Group, LLC, to project SW 1151 to pay for existing legal expenses and other expenses associated with the acquisition.

b. Summerwinds Drive Petition for Water and Sewer Service (EN10-042)
Committee unanimously recommended approval of a petition submitted by the residents along Summerwinds Drive requesting water and sewer service. Committee further recommended the creation of separate projects to fund the water and sewer system construction (as outlined in the staff report).

c. Revision to Policy Statement 93, Family and Medical Leave Act (HR10-02)
Committee unanimously recommended adopting the proposed revised Policy Statement 93 Family and Medical Leave Act (FMLA).

d. Amendments to Schedules (PD10-008)
Committee unanimously recommended approval of an amendment to Town of Cary Traffic Schedule 14: Speed Limits plus adoption of request for declaring speed limit modifications and concurring ordinance for a speed limit by North Carolina Department of Transportation (NCDOT).

e. Federal Legislative Agenda (AD10-009)
Committee unanimously recommended adoption of the proposed federal legislative agenda for the for the federal 2011 fiscal year.

f. Wake County Public School System Request for Reimbursement for Kit Creek Road (EN10-043)
Committee unanimously recommended approval of $175,722.50 to be reimbursed to Wake County Public School System for the purchase of additional property for the construction of Kit Creek Road, which offsets the cost of property acquisitions required for the construction of Kit Creek Road considering the cost of easements for the Cary Community Arts Center. Committee further recommended that additional cooperative arrangements should be agreed upon for future Town of Cary property needs where the value would be drawn down from the $175,722.50 right-of-way payment balance.

C. RECOGNITIONS, REPORTS, AND PRESENTATIONS

1. Presentation of a proclamation recognizing the for 100^th Anniversary of the Boy Scouts of America program. (Mayor Weinbrecht)

D. PUBLIC SPEAKS OUT (one hour time limit)

The public is invited to speak during “Public Speaks Out” at this time on any topic unless it was a public hearing item on this agenda. Anyone who wants to speak should move to the reserved seats, print your name, address, e-mail address and phone number on a card provided at these seats. When it is your turn, proceed from the aisle behind the town clerk, and give your contact information card and any handouts to the clerk. Step to the podium next to the clerk. State your name clearly. Limit comments to three minutes or less, and avoid repetition. Direct comments to the full council, not to an individual council member. Groups are encouraged to appoint a spokesperson on their behalf. Speakers may return to their regular seats from any aisle.

E. PUBLIC HEARINGS

The public is asked to adhere to the following guidelines for the public hearings:

When discussion begins on a particular hearing, anyone who wants to speak at that public hearing should move to the reserved seats.

Print your name, address, e-mail address and phone number on a card provided.

When it is your turn to speak, proceed from the aisle behind the town clerk, and give your contact information card and any handouts to the clerk.

Step to the podium next to the clerk. State your name clearly.

Be concise; avoid repetition; limit comments to five minutes or less; designate a spokesperson for large groups.

Direct comments to the full council, not to an individual council member.

Each person may speak once for a specific public hearing.

1. Budget Public Hearing
Subject: Public hearing for the public to share their priorities for the Town of Cary’s Fiscal Year 2011 Annual Budget, which will identify services and infrastructure projects to be undertaken by the Town from July 1, 2010, through June 30, 2011.
Proposed Council Action: No action is required; another public hearing will be conducted at the February 25, 2010 council meeting
Speaker: Mr. Scott Fogleman

2. Comprehensive Transportation Plan Amendment, 10-CPA-01 (Wake Road and Kit Creek Road Realignment)
Location: Southwest quadrant of Alston Avenue and Wake Road intersection
Current Plan: Proposed undivided rural 2-lane on the Comprehensive Transportation Plan
Proposed Plan: Modification of the roadway alignment
Length: 0.4 miles
Proposed Council Action: Refer to the March 15, 2010 Planning and Zoning Board meeting
Speaker: Ms. Lori Cove

3. Comprehensive Transportation Plan Amendment, 10-CPA-02 (Weldon Ridge Boulevard Realignment)
Location: Northwest quadrant of the Green Level West Road and Green Level Church Road intersection
Current Plan: Rural 2-lane undivided roadway alignment on the Comprehensive Transportation Plan
Proposed Plan: Modification of roadway alignment
Proposed Council Action: Refer to the March 15, 2010 Planning and Zoning Board meeting
Speaker: Ms. Lori Cove

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)

N/A

G. COMMITTEE REPORTS (discussion items)

Operations Committee, February 4, 2010 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda) (Mr. Smith)

N/A

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. Council-Initiated Request
Subject: Consideration of a request to direct staff to investigate the requirements and costs associated with a proposal to dedicate the 11 acres that is the current home of the Veteran’s Freedom Park to the Town.
Sponsors/Speakers: Mayor Weinbrecht and Mr. Frantz
Proposed Council Action: Council may approve or deny the proposed direction to staff

I. CLOSED SESSION

Closed session will be called if necessary.

J. ADJOURNMENT