Cary Town Council Agenda
Thursday, November 12, 2009
6:30 p.m.
Council Chambers
316 N. Academy Street, Cary, N.C.
Web Site: www.townofcary.org

A. COMMENCEMENT

1. Call to Order (Mayor Weinbrecht)

2. Ceremonial Opening (Mr. Smith)

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 October 22, 2009 and the minutes of the work sessions held on October 13, 2009 and October 20, 2009. (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, November 5, 2009 (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. Wake County Census Complete Count Committee (AD10-005)
Committee unanimously recommended adoption of the Census 2010 Resolution committing the Town of Cary to participate in the Wake County Census Complete Count Committee (CCC) and designating April 1, 2010 as Census Day.

b. Appropriation of Energy Efficiency and Conservation Block Grant funds (AD10-006)
Committee unanimously recommended approval of appropriating funding to accounts for expenditure on energy efficiency and conservation as follows:

• Recognition of $1,050,120 in EECBG grant funding and appropriation of these funds to the revenue account 069-0000-334-1013 for expenditure as necessary within the following capital projects: GG1087, EECBG–Emissions Inventory, $25,000; GG1088, EECBG–Energy Audit & Improvements, $470,120; GG1089, EECBG–Alternative Fuel Vehicles, $100,000; GG1090, EECBG–LED Street Lighting, $35,000; GG1091, EECBG–Brooks Park Field Lighting, $400,000; GG1092, EECBG–Charging Stations, $20,000.
• Recognition of $116,680 in EECBG grant revenue and appropriation of the same amount to the permanent salary account within the administration department of 010-4240-511.02-01.
• Appropriation of $9,319 to the benefits accounts for this position (payroll, FICA, retirement, 401/K, health insurance) corresponding to an anticipated hire date of January 1, 2010, with the increase being offset by a reduction in the interest expense appropriation in the general fund by $9,319 that is available due to lower than expected variable rate interest expense thus far this year.
• Appropriation of $5,000 to the operating and maintenance accounts for expenses related to this position (furniture and equipment, phone, supplies, training and travel, contracted services), with the increase being offset by a reduction in the interest expense appropriation in the general fund by $5,000 that is available due to lower than expected variable rate interest expense thus far this year.
• Committee further recommended that Council provide authority to staff to reallocate funding between these projects and operating accounts as costs and programs become more definitive.

c. Town of Cary Abandon Sewer Easement (EN10-017)
Committee unanimously recommended approval of a resolution authorizing abandonment of an unnecessary sewer easement.

d. Walker Street Extension Municipal Agreement (EN10-021)
Committee unanimously recommended entering into a municipal agreement with the North Carolina Department of Transportation for the Walker Street Extension Project (ST1158, NCDOT Project U-5117) and recognition and appropriation of an additional $1,104,000 from FHWA and the FRA with these funds to be budgeted within the land and site acquisition account of ST1158 TCAP – Walker Street Extension Project.

e. Municipal Agreement – Biennial Bridge Inspections (EN10-022)
Committee unanimously recommended entering into a municipal agreement with the North Carolina Department of Transportation for the biennial bridge inspections wherein the Town will reimburse the NCDOT 20 percent of the actual cost to inspect the bridges located on Town-maintained streets.

f. Swift Creek Greenway Extension Project Condemnation Resolution (EN10-027)
Committee unanimously recommended approval of a condemnation resolution for the Swift Creek Greenway Extension Project.

g. Municipal Agreement – Operation and Maintenance of Traffic Signals (EN10-028)
Committee unanimously recommended entering into Municipal Agreement Schedules C and D with the North Carolina Department of Transportation for the operation and maintenance of traffic signals.

h. Resolutions for Application for State Revolving Loans for Western Wake Regional Wastewater Management Facility (WWRWMF) (FN10-02)
Committee unanimously recommended approval of two resolutions authorizing staff to apply for State Revolving Loan Funds for the Western Wake Regional Waste Water Management Facility project construction phase and to pursue the remaining loan funds from the initial loan for the design and permitting of the Plant.

i. Revision to Policy Statement 149, Law Enforcement Separation Allowance Benefits (HR10-01)
Committee unanimously recommended approval of revisions to Policy Statement 149–Law Enforcement Separation Allowance Benefits incorporating recent legislation that clarifies the law regarding the special separation allowance provided to law enforcement officers under the local government employee’s retirement system.

j. Amendments to Schedules (PD10-005)
Committee unanimously recommended approval of amendments to the Town of Cary Traffic Schedule 14: Speed Limits.

k. Funding for Additional Police Officers and Police Car Cell Phone Service (PD10-006)
Committee unanimously recommended the approval of: 1) six additional Police Officer 1 positions to the Town’s staffing document; 2) new appropriations to police department expenditure accounts for police-related expenses, after allowing for the use of $136,737 in existing budget, for lapsed salaries and benefits totaling $376,426 as follows: Permanent Salaries, $3,768; Overtime, $3,600; FICA, $564; Retirement, $359; 401K, $368, Health Insurance, $22,206; Small Equipment, $85,950; Uniforms, $15,000; Computer Software, $3,510; Contracted Services, $2,400; Vehicle Maintenance and Repair, $14,154; Vehicles (3 patrol cars), $69,000; Cell Phones, $18,810; and, 3) a reduction in the interest expense appropriation in the general fund by $239,689.

l. West Cary Stream Restoration - Project Partnership Agreement (PR10-13)
Committee unanimously recommended approval of the Corps of Engineers Project Partnership Agreement and related expenditure of funds for the Western Cary Stream Restoration Project along the White Oak Creek.

m. NC Recreational Trails Program Grant Award for Construction of Black Creek Greenway Phase IV (PR10-14)
Committee unanimously recommended approval of a budget adjustment to recognize grant revenues in the amount of $75,000 from the state of North Carolina for construction of the Black Creek Greenway, Ph IV, to be budgeted within the construction/grant restricted account within PR1050 for expenditure and bringing the PR1050 budget to $3,813,800.

n. Cary Community Arts Center Bid Award (PR10-12)
Committee unanimously recommended that the base bid for construction of the Cary Community Arts Center (PR1109) be awarded to New Atlantic Contracting, Inc. for $7,780,000. This award by Council represents a preliminary determination as to the qualification of the bidder. No legally binding acceptance of the bid or offer will occur until the Town has executed a written agreement. Committee further recommended that the bids from Barnhill Contracting, LeChase Construction Services, Rodgers Builders, Inc., and TA Loving Construction Co., Inc., be declared non-responsive and rejected because of failure to submit the required good faith effort documentation and that $3,965,877 in general fund transfer funds originally appropriated to Project PR1109 be redirected to the general capital reserve unrestricted fund balance and that the construction expenditure account within the project be reduced by $3,965,877.

C. RECOGNITIONS, REPORTS, AND PRESENTATIONS

1. Presentation of a proclamation to the American Legion proclaiming American Legion Day. (Mr. Smith)

2. Presentation of a proclamation proclaiming pancreatic cancer awareness month. (Mrs. Adcock)

3. Recognition of Terry Yates, Telecommunications Analyst in the Technology Services Department, as the recipient of the 2009 Association of Public-Safety Communications Officials Technician of the Year award. (Mr. Bill Stice)

4. Recognition of the 2009 Hometown Spirit Award Nominees. (Town Council)

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

N/A

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)

Operartions Committee, November 5, 2009 (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. Consideration of adoption of a resolution supporting Wake County municipalities and joint presentation of legislative agenda items. (Mrs. Lana Hygh)

2. Consideration of adoption of a resolution supporting the Triangle Tomorrow and the Reality Check Action Committee’s resolution on guiding principles for quality growth. (Mr. Jeff Ulma)

I. CLOSED SESSION

Closed session will be called if necessary.

J. ADJOURNMENT

The Town of Cary is committed to providing all citizens with the opportunity to participate fully in the public meeting process. Any person with a disability who needs an auxiliary aid or service in order to participate in this meeting may contact the Town Clerk at least 48 hours prior to the meeting. The e-mail address is sue.rowland@townofcary.org; the phone number is
(919) 469-4011; the TDD number is (919) 469-4012.

Please contact the Cary Town Clerk with any questions about this agenda. The e-mail address is sue.rowland@townofcary.org, and the phone number is (919) 469-4011. Visit our Web site at www.townofcary.org for more detailed information about each agenda item.

Council meetings are broadcast live on Cary TV 11 the night of the meeting and are rebroadcast the Friday following the meeting at 9:30 a.m., the Saturday following the meeting at 6:30 p.m., and the Sunday following the meeting at 2 p.m. Cablecast meetings are also available in the Cary TV section of www.townofcary.org within two business days of the meeting.