Cary Town Council Minutes
Thursday, October 30, 2014, 6:30 PM
Council Chambers, 316 N. Academy Street, Cary, N.C.
Present: Mayor Harold Weinbrecht, Council Members Lori Bush, Don Frantz,
Jennifer Robinson, Jack Smith, and Ed Yerha
Absent: Mayor Pro Tem Gale Adcock
1.
COMMENCEMENT
1.1
Call to Order
Weinbrecht called the meeting to order at 6:30 p.m.
_________________________
1.2
Ceremonial Opening led by Council Member Don Frantz
Frantz provided the ceremonial opening.
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1.3
Adoption of agenda
Weinbrecht stated the following adjustments of the agenda are requested:
 Table Item 4.2, Owner-Initiated petition 14,-A-14, Stitt Property LLC; Alma M
Stitt; and
 Withdraw Item 5.8, Rezoning 14-REZ-27 Morris Branch at Green Level
Church Road
ACTION:
Motion: Bush moved to adopt the agenda as amended.
Second: Yerha
Vote: Unanimous
_________________________
2.
RECOGNITIONS, REPORTS, AND PRESENTATIONS
2.1
Presentation of the Cary Band Day Proclamation
Speaker: Mayor Weinbrecht
RECOGNIZING NOVEMBER 1, 2014 AS THE 56th CARY BAND DAY
October 30, 2014
Minute Book #180, Minute Book Page #47
WHEREAS, the Cary High School Band has proven its musical and marching abilities throughout
the years by its continuing achievements of both national and regional recognition for its
accomplishments.
WHEREAS, members of the Cary High School Band have brought much honor to the Town of
Cary and its citizens while also maintaining high scholastic aptitudes.
WHEREAS, music plays an increasingly important role in our world today. It is the language of
all people and one of the greatest forces in creating peace and harmony.
WHEREAS, the citizens of Cary are proud of the Cary High School Band for its many
accomplishments throughout the years, which includes being named Bands of America regional
finalists in 2001, 2003, 2004, 2009, 2010 2011, 2012, 2013, and 2014.
WHEREAS, in 2011, the Cary High School Band was named Grand Champion of the Cleveland
High School Competition, the Clinton High School Band Day, and was a Bands of America Grand
National Semi-finalist placing them in the top 30 bands competing at nationals last year. At the
2013 Pinecrest Invitational the Cary Marching Band won outstanding Music, General Effect, Color
Guard, Percussion and Drum Majors.
NOW, THEREFORE, I, Harold Weinbrecht, Jr., Mayor of the Town of Cary, North Carolina, on
behalf of the Cary Town Council, do hereby proclaim Saturday, November 1, 2014, as the 56 th
CARY BAND DAY and urge all citizens of Cary and the surrounding areas to join together in
honoring and supporting this longstanding Cary tradition.
PROCLAIMED this 30th day of October, 2014.
Weinbrecht presented the proclamation.
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2.2
Presentation of North Carolina Recreation and Parks Association
Awards
Speaker: Doug McRainey
Doug McRainey introduced Executive Director Michelle Wells of North Carolina
Recreation Parks Association (NCRPA) and Mary Henderson.
Wells stated the Arts and Humanities Award class 2 is for agencies representing
communities sized 75,000 up to 200,000. Cary Parks and Recreation and
Cultural Resources recognized for the “Paint the Town Art Auction and Gala”
program.
Henderson served as chair of the citations and awards committee this year for
the NCRPA. Presented the Meritorious Service Award to Community Center
Supervisor Cindi King.
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2.3
Town Manager’s operational update.
Speaker: Ben Shivar
October 30, 2014
Minute Book #180, Minute Book Page #48
Budget Director Karl Knapp provided an update on the revenues for the end of
last fiscal year and beginning of this fiscal year.
Shivar stated the third quarter report will be available on the Town’s website.
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2.4
Settlement of S.J. Louis Construction, Inc. v. Town of Cary
Report on release and settlement; dismissal of claims and
counterclaims with prejudice.
Speaker: Chris Simpson
Simpson announced the settlement.
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3.
PUBLIC SPEAKS OUT (one hour time limit)
Jim Kilpatrick spoke in favor of the noise ordinance.
Alex Wiseman suggested improvements for Carpenter Fire Station Road and
HWY 55 by using a continuous flow intersection.
Nicholas Derosier concerned about cross lights.
Len Nieman not in favor of all the buses in the transit systems being the same
color. Recommended each transit system retain its own color and use the
same basic pattern.
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4.
CONSENT AGENDA
4.1
Minutes
Consideration of approving the following town council minutes:
October 2, 2014; and October 16, 2014.
Proposed Council Action: Council may take action
Speaker: Sherry Scoggins
ACTION:
Motion: Frantz moved to approve the consent agenda.
Second: Bush
Vote: Unanimous
October 30, 2014
Minute Book #180, Minute Book Page #49
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4.2
Owner-Initiated Annexation Petition, 14-A-14, Stitt Property
LLC; Alma M Stitt
Consideration of adopting a certificate of sufficiency and resolution
calling for a public hearing on owner-initiated annexation 14-A-14;
associated cases 14-SB-022 (Stitt North).
Proposed Council Action: Council may take action
Speaker: Wayne Nicholas
[tabled]
_________________________
4.3
Ratification of Resolution – Sherwood at Regency (LG15-02)
Summary: On October 2, 2014, Council reviewed the development
plan for Sherwood at Regency (14-SB-008) and granted the
applicant’s request for approval of the development plan. All the
attorneys involved in the hearing have consented to the form of the
Resolution for 14-SB-008. Council should review the Resolution to
ensure the Resolution adequately represents Council’s decision in
the matter.
Proposed Council Action: Council may take action.
Speaker: Chris Simpson
TOWN OF CARY RESOLUTION
SHERWOOD AT REGENCY
14-SB-008
Subject Property: Northeastern quadrant of the intersection of Penny Road and Killingsworth
Drive
PIN10 #: 0751749979, 0751843939, 0751847938, 0751857286, 0751848731
REALID #: 0197664, 0051890, 0051891, 0206368, 0197663
Total lot/tract size: 18.49 acres
Property Owner:
Hugh D. Ogburn and Merrill G. Ogburn
11112 Penny Road
Cary, NC 27518
Applicant:
Bass, Nixon & Kennedy, Inc.
6310 Chapel Hill Road
Suite 250
Raleigh, NC 27607
At its meeting on October 2, 2014, after conducting a duly advertised quasi-judicial hearing and
after considering the application materials, testimony, and evidence presented at the hearing or
otherwise appearing in the record, and the approval criteria of Sections 3.9.2(I), 3.19, 7.10.3(A),
and 7.10.4(C) of the Town of Cary Land Development Ordinance, the Cary Town Council voted
7-0 to APPROVE the subdivision plan based on the following findings:
FINDINGS
1. The applicant submitted a subdivision plan (the “Subdivision Plan”) for review to the
Town on March 30, 2013. The subject property consists of five parcels totaling 18.49
October 30, 2014
Minute Book #180, Minute Book Page #50
2.
3.
4.
5.
acres of land located in the northeastern quadrant of Penny Road and Killingsworth
Drive, having Wake County Parcel Identification Numbers 0751-74-9979, 0751-84-3939,
0751-84-7938, 0751-85-7286, 0751-84-8731 (the “Subject Property”).
The owner of the Subject Property is Hugh D. and Merrill G. Ogburn.
The application and other records pertaining to the Subdivision Plan are part of the
record.
Notice has been provided as required by law.
The Subdivision Plan seeks to subdivide the Subject Property into 20 single family lots,
as shown in more detail on the plan sheets included within the Subdivision Plan.
Requests for Minor Modification to the Town’s Land Development Ordinance
(“LDO”) Requirements
6. The Subdivision Plan included five (5) requests for modification to the Town’s LDO
requirements, as detailed in the staff report
7. At the October 2, 2014 public hearing, the Applicant withdrew request for modification
number 2, which sought a modification to the right-of-way width required for Penny Road.
8. With respect to minor modification 1, which seeks to modify the connectivity index
required for the development, the Subdivision Plan advances the goals and purposes of
the LDO, results in more effective environmental preservation, and relieves practical
difficulties in developing the Subject Property. Elimination of vehicular connectivity
between the proposed cul-de-sac and Moreland Court would result in preservation of
additional vegetation on the lots and in the stream buffer. There is limited frontage on
Greyfriars Lane for an additional connection, and NCDOT is not likely to permit an
additional driveway on Penny Road.
9. With respect to minor modification 3, which seeks to widen Penny Road to a 60-foot
cross section instead of the 78-foot cross section required by the LDO, the Subdivision
Plan advances the goals and purposes of the LDO, results in less visual impact, and
relieves practical difficulties in developing the Subject Property. Specifically, the
proposed 60-foot cross section is consistent with the other areas in vicinity of the Subject
Property, such that the minor modification results in a continuous and seamless Penny
Road cross section.
10. With respect to minor modification 4, which seeks to neither construct nor provide an
easement for the street side trail required adjacent to Penny Road, the Subdivision Plan
advances the goals and purposes of the LDO, results in less visual impact, and relieves
practical difficulties in developing the Subject Property. Specifically, the sidewalk
contained within the Subdivision Plan is consistent with the sidewalk located on either
side of the Subject Property, such that the minor modification results in a continuous and
seamless Penny Road cross section.
11. With respect to minor modification 5, which seeks to remove two champion trees, the
Subdivision Plan advances the goals and purposes of the LDO, results in more effective
environmental preservation, and relieves practical difficulties in developing the Subject
Property. Tree 2 is located adjacent to a required stormwater BMP placed in a
topographically appropriate location, the construction of which would impact the entire
critical root zone (“CRZ”) for the tree. Tree 9 is located adjacent to Penny Road and the
applicant’s proposed widening of that road will result in more than 25% of the tree’s CRZ
being disturbed. Therefore, both trees are required to be removed due to the installation
of infrastructure otherwise required by the LDO.
Subdivision Plan
12. With the approval of the requests for modifications, the Subdivision Plan complies with all
applicable requirements of the LDO.
13. The Subdivision Plan adequately protects other property from the potential adverse
effects of the proposed development. The proposed development is an integrated
detached dwelling community. Further, this large-lot single family community contains
October 30, 2014
Minute Book #180, Minute Book Page #51
14.
15.
16.
17.
18.
the LDO required building setbacks, thus locating the homes in a manner which
minimizes any potential adverse effect on the residential uses located adjacent to and on
the same property. The community will include landscaping as required by the LDO. As
a low-density detached dwelling community in an area planned and built for other
residential uses, the proposed use has no inherent qualities that would adversely impact
adjacent properties.
The Subdivision Plan provides harmony and unity with the development of nearby
properties. The Subject Property is surrounded by complementary uses. As previously
mentioned, all of the properties adjacent to the site on the north side of Penny Road are
existing detached dwelling communities, and this community will be harmonious with
those communities. The site includes lot sizes, pedestrian connections and road
connections in keeping with the existing built environment.
The Subdivision Plan provides safe conditions for pedestrians and motorists. The plan
includes sufficient sidewalks to ensure minimal conflicts between vehicles and
pedestrians, and the street network has been designed to limit vehicle speeds.
The Subdivision Plan provides safe ingress and egress for emergency services to the
site. The Subdivision Plan includes connections to public streets via Moreland Court and
Royal Glen Drive, where multiple homes will front. The streets internal to the site have
been designed to ensure that emergency vehicles have sufficient access to all of the
residences.
The Subdivision Plan provides mitigation for traffic congestion impacts reasonably
expected to be generated. Development of 20 detached dwellings will result in only 24
am peak trips and 25 pm peak trips.
For the reasons stated above, the approval criteria set forth in Section 3.9.2(I) of the LDO
have been met.
Signed, this ______ day of ___________________, 2014.
ACTION:
Motion: Frantz moved to approve the consent agenda.
Second: Bush
Vote: Unanimous
_________________________
4.4
Ratification of Resolution – Garden Supply Company (LG1503)
Summary: On October 2, 2014, Council reviewed the development
plan for Garden Supply Company (14-SP-024) and granted the
applicant’s request for approval of the development plan. All the
attorneys involved in the hearing have consented to the form of the
attached Resolution for 14-SP-024. Council should review the
Resolution to ensure the Resolution adequately represents
Council’s decision in the matter.
Proposed Council Action: Council may take action
Speaker: Chris Simpson
TOWN OF CARY RESOLUTION
Garden Supply Company
14-SP-024
Subject Property: 1421 Old Apex Road
October 30, 2014
Minute Book #180, Minute Book Page #52
PIN10 #: 0753634923
REALID #: 0222631
Total lot/tract size: 3.70 acres
Property Owner: K and D Ramsey, LLC
At its meeting on October 2, 2014, after conducting a duly advertised quasi-judicial hearing and
after considering the application materials, testimony, and evidence presented at the hearing or
otherwise appearing in the record, and the approval criteria of 3.9.2(1) and other applicable
sections of the Town of Cary Land Development Ordinance, the Cary Town Council voted 7-0 to
APPROVE modification requests to reduce the width of the buffer required by LDO Section 7.2
and to waive the right-of-way (ROW) dedication requirement under LDO Section 8.1.3(A)(1); and
voted 7-0 to APPROVE the site development plan based on the following Findings of Fact and
Conclusions of Law:
FINDINGS OF FACT
19. The applicant submitted a site development plan (“the Plan”) for review on April 11, 2014.
20. The subject property is a 3.70 acre parcel located at 1421 Old Apex Road. The owner is
K and D Ramsey, LLC (hereafter, “applicant”).
21. The application, staff report, and other records pertaining to the plan are part of the
record.
22. Notice has been provided as required by law.
23. The applicant requested Modifications to Sections 7.2 and 8.1.3(A)(1)of the Land
Development Ordinance (“LDO”).
24. Section 7.2 of the LDO establishes minimum requirements for the provision and
maintenance of functionally adequate, attractive screening and buffering of structures,
parking areas, and other land uses.
25. Section 7.2 of the LDO requires retail sales uses to maintain a 20-foot Type C (Aesthetic)
buffer adjacent to railroad rights-of-way.
26. Section 7.2.10(C) of the LDO provides that the Town Council may reduce the width of
required buffers to no less than ten (10) feet based on the use of innovative site/building
design concepts when maintenance of the required buffer prevents the reasonable use of
the property and/or additional healthy vegetation is located elsewhere on site.
27. The site is unusually shaped, narrowing in depth from the western end to the eastern
end.
28. The proposed site plan is for modification or redevelopment of an existing site and
proposes a Type B Opaque buffer containing a privacy fence which results in a higher
performance standard than a Type C (Aesthetic) buffer.
29. Requiring a 20-foot buffer would prevent reasonable use of the eastern end of the site.
30. Section 8.1.3(A)(1) requires developers to dedicate additional right-of-way (“ROW”)
necessary to achieve the width required by the Town’s Comprehensive Transportation
Plan (“CTP”); the Parks, Recreations and Cultural Resources Facilities Master Plan; and
public utility plans.
31. Previous ROW dedications for this site were made when the CTP required a 90-foot
ROW for Old Apex Road.
32. The current CTP requires a 91-foot wide ROW for Old Apex Road.
33. The additional required ROW dedication for this site is one-half of one foot or six (6)
inches.
34. Town Council may waive the required ROW dedication after a quasi-judicial hearing.
35. Additional ROW dedication would require removal of a portion of the Applicant’s stone
wall and planted berm on the site or an NCDOT encroachment agreement.
36. An NCDOT encroachment agreement would be difficult to obtain for a permanent
structure such as a wall.
37. Dedication of additional right-of-way would reduce portions of the streetscape below the
30 feet required by the existing zoning condition.
October 30, 2014
Minute Book #180, Minute Book Page #53
38. It is unlikely that the State or Town would undertake a road widening project within only
six (6) inches of additional ROW.
CONCLUSIONS OF LAW
1. Except for the two issues for which modifications are requested, the Plan complies with
all applicable Town of Cary LDO requirements, including the development and design
standards of Chapters 7 and 8 as well as the dedication and improvements provisions of
Chapter 8, as well as all applicable Town specifications.
2. The Plan adequately protects other property from the potential adverse effects of the
proposed development. The buffer modification requested by the Applicant is adjacent to
the railroad right-of-way. The 10-foot Type B (Opaque) buffer proposed by Applicant in
lieu of the required Type C (Aesthetic) buffer would adequately promote compatibility,
delineate spaces, shield adjacent properties, improve the quality of the built environment
and enhance the appearance and quality of the proposed development.
3. The Plan provides harmony and unity with the development of nearby properties. The
Plan proposes no changes to the use of the property nor the intensity of the use.
4. The Plan provides safe conditions for pedestrians and motorists. The Plan provides for
additional on-site parking that will relieve some of the parking pressures on the site. A
sidewalk connection is proposed which will improve pedestrian access and safety by
providing an alternative to walking in the driveway, which is the only current option
available.
5. The Plan provides safe ingress and egress for emergency services to the site. The
layout of the parking lot conforms to the Town’s Standards and Specifications Manual for
parking lot design.
6. The Plan provides mitigation for traffic congestion impacts reasonably expected to be
generated by the project. The Plan proposes no changes to the use of the property or
the intensity of the use.
7. For the reasons stated above, the approval criteria set forth in Section 3.9.2(I) of the LDO
have been met.
ACCORDINGLY, based on the foregoing FINDINGS OF FACT and CONCLUSIONS OF LAW,
the Town Council hereby approves the Plan, with the requested modifications to Sections 7.2 and
8.1.3(A)(1) of the LDO.
Signed, this ______ day of ___________________, 2014.
ACTION:
Motion: Frantz moved to approve the consent agenda.
Second: Bush
Vote: Unanimous
_________________________
4.5
Condemnation Related to Mayfair Water Storage Tank Project
(TF15-029)
Summary: Town staff has identified the following parcels as
needed for the construction of a new 2 million gallon (MG) water
tank: 128 SW Maynard Road (Real Estate ID 0068780) and 202
Gordon Street (Real Estate ID 0089253.) Staff has been working
with the property owner to secure the two properties in fee simple.
To minimize disruption to the construction schedule, staff requests
October 30, 2014
Minute Book #180, Minute Book Page #54
approval and execution of the appropriate attached resolutions
authorizing condemnation.
Proposed Council Action: Council may take action
Speaker: Laura Cove
Background: The Maynard Water Storage Tank Project (WT1214) was put in place in order to
address the rehabilitation needs of the existing water tank at 710 S.E. Maynard Road as well as
provide additional water storage in the Central Pressure Zone (CPZ). The Town contracted with
Hazen & Sawyer to prepare a technical memorandum evaluating replacement/rehabilitation
options, as described in staff report EN14-004 approved by Council on July 25, 2013. The
recommendation of Town staff as well as Hazen & Sawyer was to rehabilitate the existing S.E.
Maynard Road Tank as well as construct a new 2 MG tank on a separate site in the vicinity of the
Mayfair Plaza, as described in staff report WR15-002 approved by Council on July 17, 2014.
Currently there is a 3.61 acre section of undeveloped land located at 128 SW Maynard Road
(Real Estate ID 0068780) and 202 Gordon Street (Real Estate ID 0089253) to the west and
directly behind the Mayfair Plaza. This location is ideal for the construction of the new 2 MG
water storage tank. The area has been modeled for hydraulic performance as well as water
quality and produces superior figures relative to other locations in the vicinity. In addition, the
existing water system provides ample support for a tank at this location. The capital projects
recommended in the current Water Distribution System Master Plan, such as the SW Cary
Parkway and Maynard Road water main reinforcements, will further improve performance moving
into the future.
Discussion: Negotiations have been productive, and Staff continues to work with the property
owner and realtor towards reaching an amicable settlement. There have been numerous
conversations and correspondence with the property owner and the realtor. Staff is hopeful that a
settlement may be reached. However in order to maintain the project schedule, condemnation is
necessary. Staff will continue negotiations to reach a mutually agreeable settlement while
continuing condemnation procedures. Both parcels are owned by PENSCO Trust Company,
Custodian FBO Douglas W. Ledson IRA Account #LEIPB.
Fiscal Impact: Due to the cost of eminent domain proceedings, the Town’s estimated initial
costs are between $1,500 and $5,000 which will be paid from available funding within the
WT1214 project.
Staff Recommendation: Staff recommends approval and execution of the appropriate
resolution authorizing condemnation.
RESOLUTION AUTHORIZING CONDEMNATIONTO ACQUIRE IN FEE SIMPLE PROPERTIES
OWNED BY PENSCO TRUST COMPANY, Custodian FBO Douglas W. Ledson IRA Account
#LEIPB, et al.
WHEREAS, the governing body of the Town of Cary hereby determines that it is necessary and
in the public interest to acquire certain properties owned by PENSCO Trust Company, Custodian
FBO Douglas W. Ledson IRA Account #LEIPB, et al., for the following public purpose:
To protect the public health, to provide the public with an adequate and sound water system, and
to improve such system to meet the need for expanded or upgraded services, the Town of Cary is
condemning the herein described property interests, specifically, to construct and maintain the
WT1214 Maynard Road Water Tank Replacement Project.
WHEREAS, the proper officials or representatives of the Town of Cary have been unable to
acquire the needed interest in this property.
October 30, 2014
Minute Book #180, Minute Book Page #55
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE TOWN OF
CARY, THAT:
1. The Town of Cary shall acquire in fee simple by condemnation, for the purposes stated above,
two parcels as described in Deed Book 15583 at Page 2629.
The property interest areas taken are more particularly described as follows:
2. The attorneys representing the Town of Cary are directed to institute the necessary
proceedings under NCGS § 40A-1, et. seq. as authorized by NCGS § 40A-3(b)(4) and/or other
appropriate statutory provisions and local acts to acquire the property herein described.
___________________________________
October 30, 2014
Minute Book #180, Minute Book Page #56
Harold Weinbrecht Jr., Mayor
Adopted this ____day of ________
, 2014.
ACTION:
Motion: Frantz moved to approve the consent agenda.
Second: Bush
Vote: Unanimous
_________________________
4.6
Condemnation Resolutions for Green Level West Road Water
Line Project WT1128 and WT1129 (TF15-032)
Summary: Staff has been working with property owners to secure
easements necessary for construction of the WT1128 & WT1129,
Green Level West Road Water Line Project. To minimize disruption
to the construction schedule, staff requests approval and execution
of the attached resolutions authorizing condemnation.
Proposed Council Action: Council may take action
Speaker: Laura Cove
Background: The Green Level West Road Water Line Project will ensure an adequate water
supply in the northwest area of Cary while improving the reliability of the water distribution
system. Combined with the future Wimberly Road Water Line Project, these water lines will
provide an additional feed from the Cary/Apex Water Treatment Facility. The project begins
along Green Level Church Road just north of the intersection at Green Level West Road. The 30"
water line will extend along Green Level West Road approximately 8,000 feet to the intersection
with Wimberly Road.
Discussion: Negotiations have been productive and staff has been working towards reaching
amicable settlements with the affected owners. Staff has had numerous conversations and
exchanged correspondence with the affected property owners and is hopeful that settlements will
be reached. However, in order to maintain the project schedule condemnation is necessary.
Staff will continue negotiations to reach mutually agreeable settlements while continuing
condemnation procedures. The owners and properties affected are as follows:
WT1128
Thomas G. Cloer and Pamela M. Cloer, et al.
PIN# 0723886479
8401 Green Level Church Road
Cary, NC 27519-7570
Marie Ferrell d’ Ambrosi and Rebecca Ferrell Goodwin, et al.
PIN# 0723888978
8400 Green Level Church Road
Cary, N.C. 27519-7567
WT1129
Catherine C. Fields, et al.
PIN# 0723158340
533 Wimberly Road
Apex, N.C. 27523-6777
October 30, 2014
Minute Book #180, Minute Book Page #57
Charles W. Chewning, et al.
PIN#0723251792
4213 Green Level West Road
Apex, N.C. 27523-7511
Lyn C. Johnson and Ann R. Baicy, et al.
PIN# 0723165394
4224 Green Level West Road
Apex, N.C. 27523-7510
Pirate Properties, Incorporated and GPM3 Partners, LLC, et al.
PIN# 0723271438
4208 Green Level West Road
Apex, N.C. 27523-7510
Fiscal Impact: For parcels where condemnation does become necessary, the Town will incur
the cost of eminent domain proceedings which are estimated to be initially between $1,600 and
$5,000 and will be paid from existing and available funding within the WT1128 and WT1129
projects.
Staff Recommendation: Staff recommends approval and execution of the Resolutions
authorizing condemnation.
RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN
PROPERTY OF THOMAS G CLOER JR., ET AL.
WHEREAS, the governing body of the Town of Cary hereby determines that it is
necessary and in the public interest to acquire certain property owned by Thomas G.
Cloer Jr., et al., for the following public purposes: To protect the public health, to provide
the public with an adequate and sound water system, and to improve such system to
meet the need for expanded or upgraded services, the Town of Cary is condemning the
herein described property interests, specifically, to construct and maintain the WT1128,
Green Level Church Waterline-Phase I and WT1129, Green Level West Waterline
Extension Project-Phase I.
WHEREAS, the proper officials or representatives of the Town of Cary have been
unable to acquire the needed interest in this property by negotiated conveyance.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE
TOWN OF CARY, THAT:
1. The Town of Cary shall acquire by condemnation, for the purposes stated
above, the property and easement interest in a portion of certain tracts described in
Deed Book 12826, Page 1553, Wake County Registry. The easement area taken is
more particularly described as follows:
UTILITY AND PIPELINE EASEMENT: COMMENCING at an iron pipe found at the
northwestern property corner of the Linwood Veasey property having NC Grid
(NAD83/86) coordinates of Northing = 738,554.46’, Easting = 2,028,406.81’; thence south
11 deg. 05 min. 20 sec. east 257.20 feet to an iron rod set; thence along a curve to the
left having a radius of 320.05 feet and a chord bearing and distance of north 69 deg. 41
min. 57 sec. east 24.79 feet to a computed point; thence north 68 deg. 33 min. 28 sec.
east 139.13 feet to an iron rod set; thence north 14 deg. 21 min. 00 sec. west 4.74 feet to
a computed point in the western property line of Thomas Cloer, Jr. and Pamela Cloer,
October 30, 2014
Minute Book #180, Minute Book Page #58
said point also being on the northern right-of-way of Green Level West Road; thence
along the northern right-of-way line of Green Level West Road north 68 deg. 16 min. 14
sec. east 179.91 feet to an iron rod set, the POINT OF BEGINNING; thence with new
lines in the Thomas and Pamela Cloer, Jr. property the following three calls: 1) north 21
deg. 11 min. 06 sec. west 7.90 feet to a computed point, 2) north 68 deg. 39 min. 25
sec. east 20.02 feet to a computed point, and 3) north 18 deg. 17 min. 52 sec. east
11.39 feet to an iron rod set on the western right-of-way line of Green Level Church Road;
thence along the western right-of-way of Green Level Church Road south 17 deg. 20 min.
30 sec. east 16.53 feet to an iron rod set on the northern right-of-way line of Green Level
West Road; thence along the northern right-of- way of Green Level West Road south 68
deg. 16 min. 14 sec. west 26.16 feet to an iron rod set, the POINT OF BEGINNING and
containing 0.01 acres (235 square feet) as shown on a map entitled “Easement Map of
Green Level Area Waterline Project” prepared by McKim & Creed, Inc. on February 7,
2014.
TEMPORARY CONTRUCTION EASEMENT: COMMENCING at an iron pipe found at the
northwestern property corner of the Linwood Veasey property having NC Grid
(NAD83/86) coordinates of Northing = 738,554.46’, Easting = 2,028,406.81’; thence south
11 deg. 05 min. 20 sec. east 257.20 feet to an iron rod set; thence along a curve to the
left having a radius of 320.05 feet and a chord bearing and distance of north 69 deg. 41
min. 57 sec. east 24.79 feet to a computed point, thence north 68 deg. 33 min. 28 sec.
east 139.13 feet to an iron rod set; thence north 14 deg. 21 min. 00 sec. west 4.74 feet to
a computed point in the western property line of Thomas Cloer, Jr. and Pamela Cloer,
said point also on the northern right-of-way line of Green Level West Road; thence along
the northern right-of-way line of Green Level West Road north 68 deg. 16 min. 14 sec.
east 179.91 feet to an iron rod set; thence north 21 deg. 11 min. 06 sec. west 7.90 feet to
a computed point, thence north 68 deg. 39 min. 25 sec. east 20.02 feet to a computed
point, the POINT OF BEGINNING; thence with new lines in the Thomas Cloer, Jr. and
Pamela Cloer property the following two calls: 1) north 17 deg. 20 min. 30 sec. west
54.64 feet to a computed point, and 2) north 72 deg. 35 min. 49 sec. east 6.64 feet to a
computed point on the western right-of-way line of Green Level Church Road; thence
along the western right-of-way line of Green Level Church Road south 17 deg. 20 min. 30
sec. east 45.39 feet to an iron rod set in the western right-of-way of Green Level Church
Road; thence with a new line in the property of Thomas and Pamela Cloer Jr. south 18
deg. 17 min. 52 sec. west 11.39 feet to a computed point, the POINT OF BEGINNING
and containing 0.01 acres (332 square feet) as shown on a map entitled “Easement Map
of Green Level Waterline” prepared by McKim & Creed, Inc. on February 7, 2014.
2. The attorneys representing the Town of Cary are directed to institute the
necessary proceedings under NCGS § 40A-1, et. Seq. as authorized by NCGS §
40A-3(b)(4) and/or other appropriate statutory provisions and local acts to acquire
the property herein described.
Harold Weinbrecht, Jr., Mayor
Adopted this
day of
, 2014.
RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN
PROPERTY OF MARIE F. d’AMBROSI AND REBECCA F. GOODWIN, ET AL.
October 30, 2014
Minute Book #180, Minute Book Page #59
WHEREAS, the governing body of the Town of Cary hereby determines that it
is necessary and in the public interest to acquire certain property owned by
Marie F. d’Ambrosi and Rebecca F. Goodwin, et al., for the following public
purposes: To protect the public health, to provide the public with an adequate
and sound water system, and to improve such system to meet the need for
expanded or upgraded services, the Town of Cary is condemning the herein
described property interests, specifically, to construct and maintain the
WT1128, Green Level Church Waterline- Phase I and WT1129, Green Level
West Waterline Extension Project-Phase I.
WHEREAS, the proper officials or representatives of the Town of Cary have been
unable to acquire the needed interest in this property by negotiated conveyance.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE
TOWN OF CARY, THAT:
1. The Town of Cary shall acquire by condemnation, for the purposes stated
above, the property and easement interest in a portion of certain tracts described in
Will File 2007-E Page 412, and Deed Book 1176 Page 540, Wake County Registry.
The easement area taken is more particularly described as follows:
UTILITY AND PIPELINE EASEMENT:
Area 1: COMMENCING at an iron pipe found at the southeastern property corner of the
Marie Ferrell Dambrosi and Rebecca Ferrell Goodwin property having NC Grid
(NAD83/86) coordinates of Northing = 738,531.84’, Easting = 2,029,045.98’; thence south
58 deg. 55 min. 24 sec. west 112.32 feet to a computed point; thence south 68 deg. 24
min. 47 sec. west 29.18 feet to a computed point; thence north 22 deg. 49 min. 54 sec.
west 28.71 feet to a computed point; thence south 69 deg. 22 min. 55 sec. west 20.44
feet to a computed point; thence north 17 deg. 21 min. 32 sec. west 18.16 feet to a
computed point; thence north 18 deg. 41 min. 17 sec. west 6.48 feet to a computed point;
thence north 23 deg. 36 min. 14 sec. west 7.82 feet to a computed point, the POINT OF
BEGINNING; thence with new lines in the Marie Ferrell Dambrosi and Rebecca Ferrell
Goodwin property the following four calls: 1) with the existing Town of Cary Easement
recorded in Deed Book 12917, Page 1334 north 23 deg. 36 min. 14 sec. west 15.01 feet
to a computed point, 2) north 68 deg. 41 min. 00 sec. east 9.28 feet to a computed point,
3) south 21 deg. 19 min. 00 sec. east 15.00 feet to a computed point, and 4) south 68
deg. 41 min. 00 sec. west 8.68 feet to a computed point in the line of the existing Town of
Cary Easement recorded in Deed Book 12917, Page 1334, the POINT OF BEGINNING
and containing 0.003 acres (135 square feet) as shown on a map entitled “Easement Map
of Green Level Area Waterline Project” prepared by McKim & Creed, Inc. on February 7,
2014.
Area 2: COMMENCING at an iron pipe found at the southeastern property corner of the
Marie Ferrell Dambrosi and Rebecca Ferrell Goodwin property having NC Grid
(NAD83/86) coordinates of Northing = 738,531.84’, Easting = 2,029,045.98’; thence south
58 deg. 55 min. 24 sec. west 112.32 feet to a computed point; thence south 68 deg. 24
min. 47 sec. west 29.18 feet to a computed point within the right-of-way of Green Level
West Road, the POINT OF BEGINNING; thence with new lines in the Marie Ferrell
Dambrosi and Rebecca Ferrell Goodwin property the following three calls: 1) north 22
deg. 49 min. 54 sec. west
28.71 feet crossing the northern right-of-way line of Green Level West Road to a
computed point, 2) south 69 deg. 22 min. 55 sec. west 20.44 feet to a computed
point, and 3) south 17 deg. 21 min. 32 sec. east 41.44 feet crossing the northern
right-of-way line of Green Level West Road to a computed point in the southern
property line of Dambrosi and Goodwin; thence with said property line north 67 deg.
October 30, 2014
Minute Book #180, Minute Book Page #60
54 min. 34 sec. east 24.38 feet to a computed point; thence with a new line in the
Marie Ferrell Dambrosi and Rebecca Ferrell Goodwin property north 22 deg. 49 min.
54 sec. west 12.06 feet to a computed point, the POINT OF BEGINNING and
containing 0.02 acres (920 square feet) as shown on a map entitled “Easement Map
of Green Level Area Waterline Project” prepared by McKim & Creed, Inc. on
February 7, 2014.
TEMPORARY CONTRUCTION EASEMENT: COMMENCING at an iron pipe found at the
southeastern property corner of the Marie Ferrell Dambrosi and Rebecca Ferrell Goodwin
property having NC Grid (NAD83/86) coordinates of Northing = 738,531.84’, Easting =
2,029,045.98’; thence south 58 deg. 55 min. 24 sec. west 112.32 feet to a computed point
within the right-of-way of Green Level West Road, the POINT OF BEGINNING; thence
with new lines in the Marie Ferrell Dambrosi and Rebecca Ferrell Goodwin property the
following fourteen calls: 1) with the northern edge of pavement south 68 deg. 24 min 47
sec. west 29.18 feet to a computed point, 2) north 22 deg. 49 min. 54 sec. west 28.71 feet
crossing the northern right-of-way line of Green Level West Road to a computed point, 3)
south 69 deg. 22 min. 55 sec. west 20.44 feet to a computed point on the existing Town of
Cary Easement recorded in Deed Book 12917, Page 1334; thence along the existing
Town of Cary Easement, 4) north 17 deg. 21 min. 32 sec. west 18.16 feet to a computed
point, 5) north 18 deg. 41 min 17 sec. west 6.48 feet to a computed point, 6) north 23 deg.
36 min. 14 sec. west 7.82 feet to a computed point, 7) north 68 deg. 41 min. 00 sec. east
8.68 feet to a computed point, 8) north 21 deg 19 min. 00 sec. west 15.00 feet to a
computed point, 9) south 68 deg. 41 min. 00 sec. west 9.28 feet to a computed point on
the existing Town of Cary Easement, thence along said easement 10) north 23 deg. 36
min. 14 sec. west 6.30 feet to a computed point, thence leaving said easement 11) north
66 deg. 23 min. 46 sec. east 13.63 feet to a computed point, 12) south 22 deg. 39 min. 23
sec. east 44.43 feet to a computed point, 13) north 69 deg. 22 min. 55 sec. east 34.83
feet to a computed point, and 14) south 22 deg. 04 min. 50 sec. east 38.21 feet, crossing
the northern right-of-way line of Green Level West Road to a computed point in the
northern edge of pavement, the POINT OF BEGINNING and containing 0.04 acres (1,794
square feet) as shown on a map entitled “Easement Map of Green Level Waterline”
prepared by McKim & Creed, Inc. on February 7, 2014.
2. The attorneys representing the Town of Cary are directed to institute the
necessary proceedings under NCGS § 40A-1, et. Seq. as authorized by NCGS § 40A3(b)(4) and/or other appropriate statutory provisions and local acts to acquire the
property herein described.
Harold Weinbrecht, Jr., Mayor
Adopted this
day of
, 2014.
RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN
PROPERTY OF CATHERINE C. FIELDS, ET AL.
WHEREAS, the governing body of the Town of Cary hereby determines that it is
necessary and in the public interest to acquire certain property owned by CATHERINE
C. FIELDS, ET AL., for the following public purposes: To protect the public health, to
provide the public with an adequate and sound water system, and to improve such
system to meet the need for expanded or upgraded services, the Town of Cary is
condemning the herein described property interests, specifically, to construct and
maintain the WT1128, Green Level Church Waterline-Phase I and WT1129, Green
Level West Waterline Extension Project-Phase I.
October 30, 2014
Minute Book #180, Minute Book Page #61
WHEREAS, the proper officials or representatives of the Town of Cary have been
unable to acquire the needed interest in this property by negotiated conveyance.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE
TOWN OF CARY, THAT:
1. The Town of Cary shall acquire by condemnation, for the purposes stated
above, the property and easement interest in a portion of certain tracts described in
Deed Book 15410, Page 1515, Wake County Registry. The easement area taken is
more particularly described as follows:
UTILITY AND PIPELINE EASEMENT: COMMENCING at an iron pipe found at the
northeastern corner of the Catherine C. Fields property having NC Grid (NAD83/86)
coordinates of Northing = 735,387.20’, Easting = 2,021,951.09’; thence with the northern
property line of Catherine C. Fields and a southern line of Charles W. Chewning (DB
9284, Pg. 971) north 89 deg. 13 min. 02 sec. west 272.15 feet to a computed point;
thence continuing north 89 deg. 13 min. 02 sec. west 5.01 feet to a computed point, the
POINT OF BEGINNING; thence continuing with the northern property line of Catherine C.
Fields north 89 deg. 13 min. 02 sec. west 5.01 feet to an iron pipe found on the eastern
right-of-way line of Wimberly Road; thence with the eastern right-of-way line of Wimberly
Road a curve to the right having a radius of 1186.91 feet and a chord bearing and
distance of south 01 deg. 18 min. 00 sec. east 57.99 feet to a computed point; thence
south 00 deg. 05 min. 59 sec. west 91.17 feet to a computed point in the southern
property line of Catherine C. Fields; thence with the southern property line of Catherine C.
Fields and a northern line of Joanne Cox Shaheen (DB 2879, Pg. 14) south 89 deg. 08
min. 38 sec. east 5.00 feet to a computed point; thence north 00 deg. 05 min. 59 sec. east
91.24 feet to a computed point; thence a curve to the left having a radius of 1191.91 feet
and a chord bearing and distance of north 01 deg. 17 min. 33 sec. west 57.93 feet to a
computed point, the POINT OF BEGINNING and containing 0.02 acres (746 square feet)
as shown on a map entitled “Easement Map of Green Level Waterline” prepared by
McKim & Creed, Inc. on February 7, 2014.
TEMPORARY CONSTRUCTION EASEMENT:
COMMENCING at an iron pipe found at the northeastern corner of the Catherine C.
Fields property having NC Grid (NAD83/86) coordinates of Northing = 735,387.20’,
Easting = 2,021,951.09’; thence with the northern property line of Catherine C. Fields
and a southern line of Charles W. Chewning (DB 9284, Pg. 971) north 89 deg. 13 min.
02 sec. west 272.15 feet to a computed point, the POINT OF BEGINNING; thence
continuing with the northern property line of Catherine C. Fields north 89 deg. 13 min. 02
sec. west 5.01 feet to a computed point; thence a curve to the right having a radius of
1191.91 feet and a chord bearing and distance of south 01 deg. 17 min. 33 sec. east
57.93 feet to a computed point; thence south 00 deg. 05 min. 59 sec. west 91.24 feet to
a computed point in the southern property line of Catherine C. Fields; thence with the
southern property line of Catherine C. Fields and a northern line of Joanne Cox Shaheen
(DB 2879, Pg. 14) south 89 deg. 08 min. 38 sec. east 5.00 feet to a computed point;
thence north 00 deg. 05 min. 59 sec. east 91.31 feet to a computed point; thence a
curve to the left having a radius of 1196.91 feet and a chord bearing and distance of
north 01 deg. 17 min. 07 sec. west 57.87 feet to a computed point, the POINT OF
BEGINNING and containing 0.02 acres (746 square feet) as shown on a map entitled
“Easement Map of Green Level Waterline” prepared by McKim & Creed, Inc. on
February 7, 2014.
2. The attorneys representing the Town of Cary are directed to institute the
necessary proceedings under NCGS § 40A-1, et. Seq. as authorized by NCGS § 40A3(b) (4) and/or other appropriate statutory provisions and local acts to acquire the
property herein described.
October 30, 2014
Minute Book #180, Minute Book Page #62
Harold Weinbrecht, Jr., Mayor
Adopted this
day of
, 2014.
RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN
PROPERTY OF CHARLES W. CHEWNING, ET AL.
WHEREAS, the governing body of the Town of Cary hereby determines that it is
necessary and in the public interest to acquire certain property owned by CHARLES W.
CHEWNING, ET AL., for the following public purposes:
To protect the public health, to provide the public with an adequate and sound water
system, and to improve such system to meet the need for expanded or upgraded
services, the Town of Cary is condemning the herein described property interests,
specifically, to construct and maintain the WT1128, Green Level Church WaterlinePhase I and WT1129 Green Level West Waterline Extension Project-Phase I.
WHEREAS, the proper officials or representatives of the Town of Cary have been
unable to acquire the needed interest in this property by negotiated conveyance.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE
TOWN OF CARY, THAT:
1. The Town of Cary shall acquire by condemnation, for the purposes stated
above, the property and easement interest in a portion of certain tracts described in
Deed Book 9284, Page 971, Wake County Registry. The easement area taken is more
particularly described as follows:
UTILITY AND PIPELINE EASEMENT: COMMENCING at an iron pipe found at the
northeastern corner of the Catherine C. Fields property having NC Grid (NAD83/86)
coordinates of Northing = 735,387.20’, Easting = 2,021,951.09’; thence with a southern
property line of Charles W. Chewning and a northern line of Catherine C. Fields (DB
15410, Pg. 1515) north 89 deg. 13 min. 02 sec. west 272.15 feet to a computed point;
thence continuing north 89 deg. 13 min. 02 sec. west 5.01 feet to an iron rod set, the
POINT OF BEGINNING; thence continuing with a southern property line of Charles W.
Chewning north 89 deg. 13 min. 02 sec. west 5.01 feet to an iron pipe found on the
eastern right-of-way line of Wimberly Road; thence with the eastern right-of-way line of
Wimberly Road a curve to the left having a radius of 1186.91 feet and a chord bearing
and distance of north 06 deg. 11 min. 36 sec. west 144.66 feet to a computed point;
thence north 09 deg. 41 min. 13 sec. west 177.62 feet to a computed point; thence a
curve to the right having a radius of 1120.72 feet and a chord bearing and distance of
north 04 deg. 45 min. 24 sec. west 192.64 feet to a computed point; thence north 00 deg.
10 min. 25 sec. east 157.61 feet to a computed point; thence north 35 deg. 23 min. 23
sec. east 8.67 feet to an iron rod set; thence leaving the right-of- way line of Wimberly
Road and with new lines in the Charles W. Chewning property south 00 deg. 10 min. 25
sec. west 164.66 feet to a computed point; thence a curve to the left having a radius of
1115.72 feet and a chord bearing and distance of south 04 deg. 45 min. 24 sec. east
191.78 feet to a computed point; thence south 09 deg. 41 min. 13 sec. east 177.62 feet to
a computed point; thence a curve to the right having a radius of 1191.91 feet and a chord
bearing and distance of south 06 deg. 11 min. 10 sec. east 145.57 feet to an iron rod set,
the POINT OF BEGINNING and containing 0.08 acres (3,382 square feet) as shown on a
map entitled “Easement Map of Green Level Waterline” prepared by McKim & Creed, Inc.
on February 7, 2014.
October 30, 2014
Minute Book #180, Minute Book Page #63
TEMPORARY CONSTRUCTION EASEMENT: COMMENCING at an iron pipe found at
the northeastern corner of the Catherine C. Fields property having NC Grid (NAD83/86)
coordinates of Northing = 735,387.20’, Easting = 2,021,951.09’; thence with a southern
property line of Charles W. Chewning north 89 deg. 13 min. 02 sec. west 272.15 feet to a
computed point; the POINT OF BEGINNING; thence with new lines within the Charles W.
Chewning property a curve to the left having a radius of 1196.91 feet and a chord bearing
and distance of north 06 deg. 10 min. 44 sec. west 146.48 feet to a computed point;
thence north 09 deg. 41 min. 13 sec. west 177.62 feet to a computed point; thence a
curve to the right having a radius of 1110.72 feet and a chord bearing and distance of
north 04 deg. 45 min. 24 sec. west 190.92 feet to a computed point; thence north 00 deg.
10 min. 25 sec. east 171.77 feet to a computed point on the eastern right-of-way line of
Wimberly Road; thence south 35 deg. 23 min. 23 sec. west 8.67 feet to an iron rod set;
thence leaving the right-of-way line of Wimberly Road and with new lines in the Charles
W. Chewning property south 00 deg. 10 min. 25 sec. west 164.66 feet to a computed
point; thence a curve to the left having a radius of 1115.72 feet and a chord bearing and
distance of south 04 deg. 45 min. 24 sec. east 191.78 feet to a computed point; thence
south 09 deg. 41 min. 13 sec. east 177.62 feet to a computed point; thence a curve to the
right having a radius of 1191.91 feet and a chord bearing and distance of south 06 deg.
11 min. 10 sec. east 145.57 feet to an iron rod set; thence south 89 deg. 13 min. 02 sec.
east 5.01 feet to a computed point, the POINT OF BEGINNING and containing 0.08 acres
(3,418 square feet) as shown on a map entitled “Easement Map of Green Level
Waterline” prepared by McKim & Creed, Inc. on February 7, 2014.
2. The attorneys representing the Town of Cary are directed to institute the
necessary proceedings under NCGS § 40A-1, et. Seq. as authorized by NCGS § 40A3(b) (4) and/or other appropriate statutory provisions and local acts to acquire the
property herein described.
Harold Weinbrecht, Jr., Mayor
Adopted this
day of
, 2014
RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN
PROPERTY OF LYN C. JOHNSON and ANN R. BAICY, ET AL.
WHEREAS, the governing body of the Town of Cary hereby determines that it is
necessary and in the public interest to acquire certain property owned by LYN C.
JOHNSON and ANN R. BAICY, ET AL., for the following public purposes: To protect the
public health, to provide the public with an adequate and sound water system, and to
improve such system to meet the need for expanded or upgraded services, the Town of
Cary is condemning the herein described property interests, specifically, to construct
and maintain the WT1128, Green Level Church Waterline-Phase I and WT1129, Green
Level West Waterline Extension Project- Phase I.
WHEREAS, the proper officials or representatives of the Town of Cary have been
unable to acquire the needed interest in this property by negotiated conveyance.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE
TOWN OF CARY, THAT:
1. The Town of Cary shall acquire by condemnation, for the purposes stated
above, the property and easement interest in a portion of certain tracts described in
Deed Book 8924, Page 493, Wake County Registry. The easement area taken is more
particularly described as follows:
October 30, 2014
Minute Book #180, Minute Book Page #64
UTILITY AND PIPELINE EASEMENT: COMMENCING at an iron rod found at a western
corner of the Lyn C. Johnson and Ann R. Baicy property having NC Grid (NAD83/86)
coordinates of Northing = 736,303.38’, Easting = 2,021,444.25’; thence with a western
property line of Lyn C. Johnson and Ann R. Baicy and an eastern line of Robert S.
Brinson (DB 2744, Pg. 509) south 17 deg. 30 min. 52 sec. east 163.33 feet to an axle
found on the northern right-of-way line of Green Level West Road, thence with the
northern right-of-way line of Green Level West Road north 67 deg. 13 min. 38 sec. east
67.69 feet to an iron rod set, the POINT OF BEGINNING; thence continuing with the
northern right-of-way line of Green Level West Road north 67 deg. 13 min. 38 sec. east
92.97 feet to a computed point; thence north 73 deg. 51 min. 37 sec. east 201.64 feet to
an iron pipe found; thence leaving the right-of-way line of Green Level West Road and
with an eastern line of Lyn C. Johnson and Ann R. Baicy and a western line of Edward
Whitehorne (DB 3088, Pg. 980) north 18 deg. 41 min. 33 sec. west 2.06 feet to an iron
rod set; thence with new lines in the Lyn C. Johnson and Ann R. Baicy property south 75
deg. 24 min. 37 sec. west 202.91 feet to a computed point; thence south 68 deg. 52 min.
22 sec. west 17.47 feet to a computed point; thence north 18 deg. 52 min. 37 sec. west
5.00 feet to a computed point; thence south 68 deg. 34 min. 00 sec. west 20.06 feet to a
computed point; thence north 20 deg. 00 min. 15 sec. west 4.99 feet to a computed point;
thence south 68 deg. 52 min. 22 sec. west 20.00 feet to a computed point; thence south
20 deg. 00 min. 15 sec. east 4.99 feet to a computed point; thence south 69 deg. 43 min.
12 sec. west 12.74 feet to computed point; thence south 20 deg. 16 min. 48 sec. east
3.99 feet to a computed point; thence south 69 deg. 48 min. 30 sec. west 22.00 feet to a
computed point; thence south 20 deg. 16 min. 48 sec. east 11.75 feet to an iron rod set,
the POINT OF BEGINNING and containing 0.05 acres (2,187 square feet) as shown on a
map entitled “Easement Map of Green Level Waterline”
prepared by McKim & Creed, Inc. on February 7, 2014, last revised September 24, 2014.
2. The attorneys representing the Town of Cary are directed to institute the
necessary proceedings under NCGS § 40A-1, et. Seq. as authorized by NCGS § 40A3(b) (4) and/or other appropriate statutory provisions and local acts to acquire the
property herein described.
Harold Weinbrecht, Jr., Mayor
Adopted this
day of
, 2014.
RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN
PROPERTY OF PIRATE PROPERTIES, INCORPORATED and GPM3 PARTNERS,
LLC. ET AL.
WHEREAS, the governing body of the Town of Cary hereby determines that it is
necessary and in the public interest to acquire certain property owned by PIRATE
PROPERTIES, INCORPORATED and GPM3 PARTNERS, LLC. ET AL., for the
following public purposes: To protect the public health, to provide the public with an
adequate and sound water system, and to improve such system to meet the need for
expanded or upgraded services, the Town of Cary is condemning the herein described
property interests, specifically, to construct and maintain the WT1128, Green Level
Waterline-Phase I and WT1129, Green Level West Waterline Extension Project-Phase I.
WHEREAS, the proper officials or representatives of the Town of Cary have been
unable to acquire the needed interest in this property by negotiated conveyance.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE
TOWN OF CARY, THAT:
October 30, 2014
Minute Book #180, Minute Book Page #65
1. The Town of Cary shall acquire by condemnation, for the purposes stated
above, the property and easement interest in a portion of certain tracts described in
Deed Book 15066, Page 719, Wake County Registry. The easement area taken is more
particularly described as follows:
UTILITY AND PIPELINE EASEMENT: COMMENCING at an iron pipe found in a western
line of the Pirate Properties, Inc. and GPM3 Partners, LLC property having NC Grid
(NAD83/86) coordinates of Northing = 736,366.52’, Easting = 2,021,886.07’; thence with a
western property line of Pirate Properties, Inc. and GPM3 Partners, LLC south 00 deg. 49
min. 12 sec. east 76.53 feet to a computed point; thence continuing south 00 deg. 49 min.
12 sec. east 5.17 feet to an iron rod set, the POINT OF BEGINNING; thence continuing
with a western property line of Pirate Properties, Inc. and GPM3 Partners, LLC and an
eastern line of Edward Whitehorne (DB 3088, Pg. 980) south 00 deg. 49 min. 12 sec. east
3.88 feet to an iron pipe found; thence south 00 deg. 49 min. 12 sec. east 1.05’ to a
computed point in the northern right-of-way line of Green Level West Road; thence with a
western line of the Pirate Properties, Inc. and GPM3 Partners, LLC property located within
the right-of-way of Green Level West Road south 00 deg. 49 min. 12 sec. east 21.24 feet
to a computed point on the northern edge of pavement of Green Level West Road; thence
following the edge of pavement of Green Level West Road and with new lines in the
Pirate Properties, Inc. and GPM3 Partners, LLC property north 74 deg. 21 min. 59 sec.
east 394.48 feet to computed point; thence north 67 deg. 17 min. 15 sec. east 273.58 feet
to a computed point; thence leaving the northern edge of pavement of Green Level West
Road with an eastern line of the Pirate Properties, Inc. and GPM3 Partners, LLC property
located within the right-of-way of Green Level West Road north 09 deg. 32 min. 19 sec.
west 31.60 feet to a computed point on the northern right-of-way line of Green Level West
Road; thence with the northern right of way line, and with the southern property line of
North Carolina Department of Transportation (DB 7849, Pg. 318) the following two calls:
(1) south 66 deg. 47 min. 46 sec. west 203.75 feet to a right-of-way monument, and (2)
south 56 deg. 15 min. 20 sec. west 45.14 feet to a computed point; thence leaving the
northern right-of-way line of Green Level West Road with a southeastern line of Pirate
Properties, Inc. and GPM3 Partners, LLC and a northwestern line of North Carolina
Department of Transportation (DB 7849, Pg. 318) north 23 deg. 48 min. 48 sec. east
10.69 feet to an iron rod set; thence with new lines in the Pirate Properties, Inc. and
GPM3 Partners, LLC property the following three calls: (1) south 69 deg. 20 min. 59 sec.
west 45.50 feet to a computed point, (2) south 72 deg. 14 min. 43 sec. west 104.63 feet to
a computed point, and (3) south 74 deg. 29 min. 55 sec. west 274.66 feet to an iron rod
set, POINT OF BEGINNING and containing 0.41 acres (17,961 square feet) as shown on
a map entitled “Easement Map of Green Level Waterline” prepared by McKim & Creed,
Inc. on February 7, 2014.
TEMPORARY CONSTRUCTION EASEMENT: COMMENCING at an iron pipe found in a
western line of the Pirate Properties, Inc. and GPM3 Partners, LLC property having NC
Grid (NAD83/86) coordinates of Northing = 736,366.52’, Easting = 2,021,886.07’; thence
with an eastern line of Edward Whitehorne (DB 3088, Pg. 980)south 00 deg. 49 min. 12
sec. east 76.53 feet to a computed point, the POINT OF BEGINNING; thence with new
lines in the Pirate Properties, Inc. and GPM3 Partners, LLC the following three calls: (1)
north 74 deg. 29 min. 53 sec. east 273.25 feet to a computed point,(2) north 72 deg. 14
min. 43 sec. east 104.41 feet to a computed point, and (3) north 69 deg. 20 min. 59 sec.
east 50.28 feet to a computed point; thence with a southeastern line of the Pirate
Properties, Inc. and GPM3 Partners, LLC property and a northwestern line of North
Carolina Department of Transportation (DB 7849, Pg. 318) south 23 deg. 48 min. 48 sec.
west 7.01 feet to an iron rod set; thence with new lines in the Pirate Properties, Inc. and
GPM3 Partners, LLC property the following three calls: (1) south 69 deg. 20 min. 59 sec.
west 45.50 feet to a computed point, (2) south 72 deg. 14 min. 43 sec. west 104.63 feet to
a computed point, and (3) south 74 deg. 29 min. 55 sec. west 274.66 feet to an iron rod
set; thence with a western line Pirate Properties, Inc. and GPM3 Partners, LLC property
October 30, 2014
Minute Book #180, Minute Book Page #66
north 00 deg. 49 min. 12 sec. west 5.17 feet to a computed point, the POINT OF
BEGINNING and containing 0.05 acres (2,132 square feet) as shown on a map entitled
“Easement Map of Green Level Waterline” prepared by McKim & Creed, Inc. on February
7, 2014.
2. The attorneys representing the Town of Cary are directed to institute the
necessary proceedings under NCGS § 40A-1, et. Seq. as authorized by NCGS § 40A3(b) (4) and/or other appropriate statutory provisions and local acts to acquire the
property herein described.
Harold Weinbrecht, Jr., Mayor
Adopted this
day of
, 2014.
ACTION:
Motion: Frantz moved to approve the consent agenda.
Second: Bush
Vote: Unanimous
_________________________
4.7
Approval of Policy Statements Revisions (TM15-005)
Summary: Staff requests that Town Council approve minor
changes to existing Town of Cary Policy Statements, due in most
part to changes from the recent reorganization. Policy Statements
are approved by the Town Council and therefore, require Council
approval of any edits.
Proposed Council Action: Council may take action
Speaker: Mike Bajorek
Discussion: There are a total of 44 Policy Statements that need minor and inconsequential
revisions. A number of the revisions needed are due to the recent Town-wide reorganization.
These changes represent minor revisions to the Policy Statements and not substantive or
significant policy revisions. Town departments reviewed all existing Policy Statements to ensure
accuracy in light of changes to departmental names, division names, and titles, based on the
structural reorganization. The chart below identifies all Policy Statements that have been
identified as needing revisions due to the reorganization:
POLICY #
1
POLICY NAME (Responsible Dept)
Sewer Service Blockages (PW)
8
Use of Town-Owned, Leased or
Rented Vehicles or Equipment (HR)
Utility System Extension and
Connection Policy (WR)
Pay for Performance Policy (HR)

Storm Drainage Improvement
Requests (WR)
Petitioning to Close Public Rights of
Way (T&F)
Thoroughfare Construction Policy

23
31
35
44
45





REVISION
Change titles and/or department
names due to reorganization
Change titles and/or department
names due to reorganization
Change titles and/or department
names due to reorganization
Change titles and/or department
names due to reorganization
Change titles and/or department
names due to reorganization
Change titles and/or department
names due to reorganization
Change titles and/or department
October 30, 2014
Minute Book #180, Minute Book Page #67
47
49
50
(T&F)
Town Participation in Traffic
Signaling Costs (T&F)
Control of Operation of Water Valves
and Fire Hydrants (PW)
Snow and Ice Policy (PW)




63
Employee Driving Policy (HR)

64
Utility Service to Middle Creek
Special Utility Area (WR)
Issuing Environmental Permits Prior
to Official Plan Approval (WR)
Special Assessment Charges Policy
(T&F)
Environmental Permit (WR)

Mowing and Grounds Maintenance
Within Street Rights of Way (PW)
Solid Waste Collection (PW)

Specialty Traffic Control and Street
Name Signs and Posts (T&F)
Sight Distance (T&F)


129
Water Transmission Main,
Connections to the Finished (WR)
Access to Town Utility System
Facilities (Utilities)
Guidelines for Government Access
Channel (PIO)
Traffic Calming Criteria and
Guidelines (T&F)
Minimum Water Supply (WR)
131
Traffic Mitigation Assistance (T&F)

132

135
Effective Utilization of Reclaimed
Water System (WR)
Sidewalk Requests (T&F)
136
Reduction in Force (HR)

143
Rules of Procedure for the Cary
Town Council (Clerk)
Storm Water Capital Improvement
Requests (WR)

66
69
72
75
83
85
90
95
107
123
124
146











names due to reorganization
Change titles and/or department
names due to reorganization
Change titles and/or department
names due to reorganization
Change titles and/or department
names due to reorganization
Minor clarification about size of plows
used during snow events
Change titles and/or department
names due to reorganization
Change titles and/or department
names due to reorganization
Change titles and/or department
names due to reorganization
Change titles and/or department
names due to reorganization
Change titles and/or department
names due to reorganization
Change titles and/or department
names due to reorganization
Change titles and/or department
names due to reorganization
Change titles and/or department
names due to reorganization
Change titles and/or department
names due to reorganization
Change titles and/or department
names due to reorganization
Change titles and/or department
names due to reorganization
Change titles and/or department
names due to reorganization
Change titles and/or department
names due to reorganization
Change titles and/or department
names due to reorganization
Change titles and/or department
names due to reorganization
Change titles and/or department
names due to reorganization
Change titles and/or department
names due to reorganization
Change titles and/or department
names due to reorganization
Change titles and/or department
names due to reorganization
Change titles and/or department
names due to reorganization
The chart below represents Policy Statements that have minor edits recommended:
POLICY #
POLICY NAME (Responsible Dept)
REVISION
October 30, 2014
Minute Book #180, Minute Book Page #68
10
Equal Employment Opportunity (HR)

39
Short Term Disability Insurance (HR)

67
Substance Abuse Policy (HR)

78
Seagraves Fire Engine Resolution
(Fire)

110
Retiree Benefits (HR)


115
Support and Sponsorship of Cultural
Groups and Activities (PRCR)

137
147
Cross Connection Control (PW)
Ethics and Conflicts of Interest
Guidelines for Town Advisory Boards
and Commissions (Legal)



163
Shared Leave Program (HR)

167
Quasi-Judicial Hearing Procedural
Guidelines (Legal)


Revised and expanded a previously
titled “Affirmative Action Policy” to
include “color”, “pregnancy” and
“disability” as characteristics that have
no relationship to job performance.
Clarifies coverage to include regular
employees who “have successfully
completed initial probation”
Deleted a phrase related to Federal
guidelines that is no longer applicable.
Deleted a paragraph that is no longer
applicable
Updated to include “vision” as a type of
insurance to remain covered at the
time of retirement
Includes eligible dependent children of
the retiree to remain covered under
COBRA
Formalizing the $1 per capita rule, as
is used in the general non-profit
funding specifics
Minor edits
Added the Historic Preservation
Commission (HPC) with the ZBOA as
a board that has a conflict of interest
standard created by state law
Minor edit to reflect change in the
statutory language regarding the
standard.
Clarifies shared leave for regular
employees who “have successfully
completed initial probation”
Added a reference to the Historic
Preservation Commission, where
appropriate (HPC)
Added two (2) new, short passages
explaining the standard review for: 1)
Certificates of Appropriateness, heard
by the HPC; and 2) appeals of HPC
COA decisions, which are to the
ZBOA.
The chart below represents all Policy Statements that have been recommended for deletion:
POLICY #
15
71
94
POLICY NAME (Responsible Dept)
Trees for Cary (PW)
Stone Construction Entrance
Required for Single Family Units
Under Construction (WR)
Rezoning and PUD Applications,
schedule for receiving information
(PL)



REASON FOR DELETION
Delete (PRCR will be creating a legacy
program for trees)
Delete; obsolete and no longer needed
Delete; unnecessary; happens already
without referencing this Policy
Statement
October 30, 2014
Minute Book #180, Minute Book Page #69
108
Planning and Zoning Board,
Information Reviewed by (PL)

Delete; outdated and refers to plans
reviewed by the P&Z Board.
Upon approval of the Town Council, the Clerk’s office will make the appropriate revisions to each
of the Policy Statements.
Fiscal Impact: None.
Staff Recommendation: Staff recommends Council approve the revisions (and deletions) to the
existing Policy Statements.
ACTION:
Motion: Frantz moved to approve the consent agenda.
Second: Bush
Vote: Unanimous
_________________________
4.8
CSX Railroad Memorandum of Understanding – CSX, NCDOT,
and Town of Cary (TF15-035)
Summary: The Parkside Town Commons mixed-use development
project site plan includes the extension of O’Kelly Chapel Road
from NC 55 to Louis Stephens Drive, including a new at-grade
railroad crossing of the CSX tracks. Multiple parties have been
working for many years to draft an agreement which would allow
this new at-grade crossing under certain terms and conditions.
Staff recommends Council authorize the Manager to enter into the
Memorandum of Understanding between CSX Transportation,
NCDOT and the Town which sets forth the general structure and
terms for a future agreement. Staff also recommends that Council
grant the Manager the authority to execute additional future
agreements that may be necessary or desirable to implement the
concepts described in the Memorandum of Understanding.
Proposed Council Action: Council may take action
Speaker: Laura Cove
Discussion: To date staff has reviewed two street lighting options for the Academy Street
Improvements Project. Option A includes the Town purchasing our own LED street lighting
fixtures and Option B includes the Town leasing LED street lighting fixtures from DEP as we
currently do. In addition, Option A provides more flexibility in street lighting specifications and
programming while Option B provides lower installation costs and DEP maintaining the street
lights. Both options have been designed to provide the recommended minimum average
maintained foot candles of 0.7 and a maximum uniformity ratio (average/minimum) of 6:1 as
recommended by AASHTO for a local street with both residential and commercial properties.
During the September 22, 2014 Work Session, Staff presented an estimated 10-year breakeven
point for leased street lighting compared with Town purchased street lighting. This was
calculated by dividing the $6,500 initial purchase and installation of a single Town owned fixture
by the $45 monthly cost for leasing a single fixture from DEP. The cost analysis below shows a
longer breakeven point based on the actual street lighting design for both options and fewer
October 30, 2014
Minute Book #180, Minute Book Page #70
fixtures being required for the Option B street lighting design. The chart below includes a
comparison of both options with additional detail below the chart:
Approximate Installation
Costs
Approximate Annual Costs
Maintenance and
Replacement Responsibility
Street Light Life Expectancy
Initial Lumens per Fixture
(light output)
Lighting Distribution
Average Maintained
Luminance
@ 4000K (Foot Candles)
Roadway Uniformity Ratio
(Average / Minimum)
Color Temperature in Kelvin
(K)
Option A (Purchase
$567,500 for 85 street lights
including 20A power receptacles
integrated into the base of half
the street light poles and
associated infrastructure.
$6,500 (includes cost of
electricity but does not include
maintenance or replacement
costs)
Town
(Approximate Fixture Cost:
$2,000) (Approximate Pole Cost:
$1000)
Fixture: 15 years
Pole:
30 years
3,100
Option B (Lease)
$40,000 for eight 50A
pedestal power receptacles
and associated infrastructure
supporting 49 street lights.
$25,000 (based upon annual
electricity costs and
maintenance and
replacement per DEP lease
agreement
DEP
Fixture: 15 years
Pole:
30 years
5,675
Type V with Controlled
Downward Distribution
Roadway = 1.0fc
Type V with Controlled
Downward Distribution
Roadway = 0.9fc
Roadway = 1.9:1fc
Roadway = 2.5:1
4000K
(Also available in 3000K)
4000K
(Not available in 3000K)
Fixture Quantity and Light Output: The quantity of fixtures varies between Option A and B is
mostly due to the difference in light output (Lumens). Option A includes 3,100 lumens and Option
B includes 5,675 lumens. Staff recommends Option B because it requires fewer fixtures while
meeting recommended lighting requirements.
Color Temperature: The Color Temperature specified for both Option A and Option B are
4000K. The lower color temperatures are warmer but less efficient and the higher color
temperatures are cooler with improved color rendering and efficiency. The 4000K specified
provides a good balance of warmness and efficiency and can be compared with other color
temperatures in the graph below. For reference, high pressure sodium light fixtures are around
3000K and metal halide fixtures are around 4000K.
Festival Coordination: Previous discussions with Option A included placing 20A receptacles in
the base of every other streetlight pole. Through working with PRCR and Events staff, it was
determined that more flexibility for festivals could be provided with 50A receptacles in fewer
locations. 50A receptacles can be located in the base of streetlight poles with Option A. Under
Option B, DEP prohibits the use of receptacles mounted low on their poles (they do allow holiday
receptacles mounted high on their poles). However, the 50A receptacles can be provided in
black pedestals approximately 18” above the sidewalk. These pedestals locations have been
coordinated with PRCR staff and proposed to be located near black metal benches to help mask
their appearance.
October 30, 2014
Minute Book #180, Minute Book Page #71
Simple Cost Analysis: Option A is estimated to cost $527,500 ($567,500 – $40,000) more to
implement than Option B due to the upfront cost of purchasing the fixtures and associated
infrastructure installation. Option A is estimated to cost $18,500 ($25,000 –$6,500) less in annual
street light billing costs compared to Option B but does not address maintenance and
replacement needs. Based on the differences in implementation costs and annual street light
billing costs, it would take approximately 25 years for the annual savings of Option A to equal the
upfront cost of implementing Option B. This cost analysis does not take into consideration any
maintenance or replacement costs that the Town would incur under Option A
Fiscal Impact - Operating: Currently, the Town leases the street lighting fixtures along Academy
Street at an annual cost of $5,600. Option A will result in an estimated annual cost of $6,500 and
Option B will result in an estimated annual cost of $25,000 for the operation of decorative light
fixtures along Academy Street. Funding: A total of $8,000,000 has been appropriated to the
ST1238 DT – Streetscape Improvements along Academy and Dry project for streetscape work
including the installation of decorative light fixtures. Expenditures/encumbrances to date total
$1,064,697 leaving an available balance of $6,935,303. The estimated installation cost of Option
A is $567,500, while the estimated installation cost of Option B is $40,000.
Staff Recommendation: Staff recommends Council approve Option B which involves the
installation of leased Duke Energy Progress street lighting fixtures for the Academy Street
Improvements Project.
ACTION:
Motion: Frantz moved to approve the consent agenda.
Second: Bush
Vote: Unanimous
_________________________
4.9
Replace Roof at Fire Station #4 (PW15-03)
Summary: The roof at Fire Station #4 is twenty-eight (28) years
old, is failing and in need of replacement. Staff requests that
Council appropriate $200,000 of unrestricted capital reserve fund
balance for the mid-year replacement of Fire Station #4’s roof.
Proposed Council Action: Council may take action
Speaker: Scott Hecht
Background: Fire Station #4, located at 1401 Old Apex Road was constructed in 1987. The
building was built with an EPDM rubber ballasted roof system. The roof began to show signs of
failure in 1997. In 1998 a PVC membrane roof was installed over the top of the existing roof. In
2011, as part of a developing asset management program, Public Works engaged a roof
consultant, Tremco, to perform a roof assessment. This assessment identified drying and
cracking, and established a roof rating of “fair”. Tremco recommended a replacement date of
2018.
Discussion: In 2012 roof leaks began to be reported. Public Works addressed these leaks with
spot repairs. As the leak issues continued, Public Works requested a detailed evaluation along
with repair solutions. Tremco recommended continuing to address individual leaks but also
advised us to expedite the replacement. During preparation of the FY14 budget, Tremco provided
assessments of the roof structures at Fire Station #1 and Fire Station #4. Based on the
consultant’s reports, Public Works recommended to replace the roof at Fire Station #1 in FY 14
and planned to replace the roof at Fire Station #4 in FY15. Tremco completed an updated
October 30, 2014
Minute Book #180, Minute Book Page #72
assessment of the Fire Station #4 roof in advance of FY 15 budget preparation that estimated the
total roof replacement at $200,000. This replacement request was not incorporated into the
information submitted by Public Works for consideration as part of the FY 15 capital budget. The
repairs completed to date have stopped the major leaks but during periods of significant rain
minor leaks continue. Public Works continues to address these leaks with spot repairs; however,
replacement is necessary for a long term solution.
Fiscal Impact: - Operating: Replacing Fire Station #4’s roof mid-year eliminates the need for
ongoing maintenance and repair costs. Funding: Staff requests that Council appropriate $200,000
of unrestricted general capital reserve fund balance in support of the Fire Station #4 roof
replacement. These funds should be budgeted within the contracted services account of a newly
created general government project for this roof replacement.
Staff Recommendation: Staff requests that Council appropriate $200,000 of unrestricted
general capital reserve fund balance for roof replacement at Fire Station #4 as detailed in the
fiscal impact section of this staff report.
ACTION:
Motion: Frantz moved to approve the consent agenda.
Second: Bush
Vote: Unanimous
_________________________
5.
PUBLIC HEARINGS
5.1
Budget Public Hearing
This public hearing provides an opportunity for the public to share
their priorities for the Town of Cary’s Fiscal Year 2016 Annual
Budget, which will identify services and infrastructure projects to be
undertaken by the Town from July 1, 2015 through June 30, 2016.
No council action is required; additional public hearings on the
proposed budget will be held in May and June 2015 on the FY 2016
Manager’s recommended budget.
Proposed Council Action: No action by Council
Speaker: Karl Knapp
Budget items are filed in the Town Manager’s office.
Capital Program Manager Stacey Teachey presented report. Weinbrecht
opened the public hearing.
Len Nieman requested Sunday service and expansion of the routes for C-Tran.
Kim Womack spoke in support of the Skate Park.
Cassidy Blake spoke in favor of a new vert ramp (Skate Park).
Weinbrecht closed the budget public hearing.
October 30, 2014
Minute Book #180, Minute Book Page #73
_________________________
5.2
Owner-Initiated Annexation Petition, 14-A-11, Wake County
Board of Education
Request by the property owners to annex property located west of
the Highway I-540 and Pleasant Grove Church Road intersection;
associated cases 14-SP-056 (E-38 Elementary School).
Proposed Council Action: Council may take action
Speaker: Wayne Nicholas
AN ORDINANCE ANNEXING LANDS CONTIGUOUS TO THE MUNICIPAL BOUNDARIES OF
THE TOWN OF CARY
WHEREAS, on 8/18/2014, the Town Council has been petitioned under G.S. 160A-31 to annex
the area described below:
Wake County Board of Education (E-38 Elementary School); Wake County Parcel
Identification #0757371821; including 18.5 acres, plus 11.92 acres of adjacent right-ofway; which are Contiguous to the existing municipal limits of the Town of Cary; and
WHEREAS, on 9/23/2014, the Town Clerk of the Town of Cary certified the sufficiency of said
Petition, the same being duly made after investigation; and
WHEREAS, on 9/23/2014, the Town Council of the Town of Cary ordered a public hearing on the
question of said annexation and Notice of a Public Hearing was published as required by law;
and
WHEREAS, the matter came for public hearing before the Town Council of the Town of Cary on
10/30/2014 at which time all persons opposed and all persons in favor of said annexation were
allowed to be heard; and
WHEREAS, the Petition above mentioned meets all the requirements of G.S. 160A-31.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Cary, North Carolina
that:
Section 1. The area described in the petition and depicted on the map (which is on file in the
Planning Department), is hereby annexed to and made a part of the Town of Cary, effective on
10/30/2014 with a condition that the property owner connect to the Town of Cary sewer/water line
based upon the Town’s policy(ies) in place on the effective date of this ordinance.
LEGAL DESCRIPTION: Wake County Parcel Identification #0757371821
Section 2. That from and after the effective date of this ordinance, the territory and its citizens
and property shall be subject to all debts, laws, ordinances and regulations in force in the Town of
Cary, and shall be entitled to the same privileges and benefits as other parts of the municipality.
Said annexed territory shall be subjected to municipal taxes according to G.S. 160A-58.10.
Section 3. The Mayor of the Town of Cary shall cause an accurate map of the newly annexed
territory together with a copy of this ordinance, duly certified, to be recorded in the Office of the
Register of Deeds of Wake County and in the Office of the Secretary of State of North Carolina.
October 30, 2014
Minute Book #180, Minute Book Page #74
Section 4. Pursuant of G.S. 160A-22, the Town Clerk is directed to update the Official Town Map
by drawing in the territory annexed, or setting out the boundaries in a written description, or
showing the current Town boundaries by a combination of these techniques. Such a map shall
also be delivered to the Wake County Board of Elections as required by G.S. 163-288.1
Section 5. Pursuant of G.S. 160A-23, the boundaries of Electoral District B are hereby revised to
account for and include the territory annexed, and the Official Town Map of Electoral Wards is
hereby amended to include the annexed territory in the said Electoral District.
Adopted on 10/30/2014
Nicholas presented report.
Weinbrecht opened the public hearing. No one spoke. Weinbrecht closed the
public hearing.
No action was taken at this meeting and this item will be placed on a future
agenda for Council action.
_________________________
5.3
Owner-Initiated Annexation Petition, 14-A-13, Triangle Brick
Co.; Louise Clayton
Request by the property owners to annex property located at the
Southeast corner of NC 540 and NC 55 HWY intersection, north of
Petty Farm Road; associated cases 14-SB-020 (Brickyard).
Proposed Council Action: Council may take action
Speaker: Wayne Nicholas
AN ORDINANCE ANNEXING LANDS CONTIGUOUS TO THE MUNICIPAL BOUNDARIES OF
THE TOWN OF CARY
WHEREAS, on 9/2/2014, the Town Council has been petitioned under G.S. 160A-31 to annex the
area described below:
Louise S. Clayton; Triangle Brick Co; Wake County Parcel Identification #0735591114,
0736501886, 0736405874, 0735595724; including 80.640000000000001 acres, plus
41.36 acres of adjacent right-of-way; which are Contiguous to the existing municipal
limits of the Town of Cary; and
WHEREAS, on 9/23/2014, the Town Clerk of the Town of Cary certified the sufficiency of said
Petition, the same being duly made after investigation; and
WHEREAS, on 9/23/2014, the Town Council of the Town of Cary ordered a public hearing on the
question of said annexation and Notice of a Public Hearing was published as required by law;
and
WHEREAS, the matter came for public hearing before the Town Council of the Town of Cary on
10/30/2014 at which time all persons opposed and all persons in favor of said annexation were
allowed to be heard; and
WHEREAS, the Petition above mentioned meets all the requirements of G.S. 160A-31.
October 30, 2014
Minute Book #180, Minute Book Page #75
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Cary, North Carolina
that:
Section 1. The area described in the petition and depicted on the map (which is on file in the
Planning Department), is hereby annexed to and made a part of the Town of Cary, effective on
10/30/2014 with a condition that the property owner connect to the Town of Cary sewer/water line
based upon the Town’s policy(ies) in place on the effective date of this ordinance.
LEGAL DESCRIPTION: Wake County Parcel Identification #0735591114, 0736501886,
0736405874, 0735595724
Section 2. That from and after the effective date of this ordinance, the territory and its citizens
and property shall be subject to all debts, laws, ordinances and regulations in force in the Town of
Cary, and shall be entitled to the same privileges and benefits as other parts of the municipality.
Said annexed territory shall be subjected to municipal taxes according to G.S. 160A-58.10.
Section 3. The Mayor of the Town of Cary shall cause an accurate map of the newly annexed
territory together with a copy of this ordinance, duly certified, to be recorded in the Office of the
Register of Deeds of Wake County and in the Office of the Secretary of State of North Carolina.
Section 4. Pursuant of G.S. 160A-22, the Town Clerk is directed to update the Official Town Map
by drawing in the territory annexed, or setting out the boundaries in a written description, or
showing the current Town boundaries by a combination of these techniques. Such a map shall
also be delivered to the Wake County Board of Elections as required by G.S. 163-288.1
Section 5. Pursuant of G.S. 160A-23, the boundaries of Electoral District A are hereby revised to
account for and include the territory annexed, and the Official Town Map of Electoral Wards is
hereby amended to include the annexed territory in the said Electoral District.
Adopted on 10/30/2014
Nicholas presented report.
Weinbrecht opened the public hearing. No one spoke. Weinbrecht closed the
public hearing.
No action was taken at this meeting and this item will be placed on a future
agenda for Council action.
_________________________
5.4
Comprehensive Plan Amendment 14-CPA-06, Orum Property
Summary: Request for two properties totaling 26.04 +/- acres
located on the north side of High House Road, approximately 1,400
feet east of the intersection with Davis Drive, and 500 feet west of
the intersection with Prestonwood Parkway. The property is
currently designated on Cary’s Land Use Plan as part of a mixeduse Community Activity Center (CAC), and with an underlying land
use designation of Low Density Residential (LDR). The applicant
proposes to amend the Land Use Plan by removing the two
properties from the mixed-use Community Activity Center;
October 30, 2014
Minute Book #180, Minute Book Page #76
associated case 14-REZ-29 (Item 5.5).
Proposed Council Action: Refer to Planning and Zoning.
Speaker: Scott Ramage
5.5
Rezoning 14-REZ-29 Orum Property
Summary: Request to amend the Town of Cary Official Zoning
Map by rezoning approximately 26.04 acres located at 1600 and
1720 High House Road from Residential 40 (R-40) to Transitional
Residential Conditional Use (TR-CU) with zoning conditions that
include limiting land use to detached dwellings with a maximum
density of 2.6 dwelling units per acre, and removing the subject
property from the Mixed Use Overlay District (Cornerstone
Community Activity Center); associated case 14-CPA-06 (Item 5.4).
Proposed Council Action: Refer to Planning and Zoning
Speaker: Mary Beerman
Items 5.4 and 5.5 were heard consecutively.
Ramage presented staff report for comprehensive plan amendment and
Beerman presented staff report for the rezoning request.
Glenda Toppe presented on behalf of the applicant.
Weinbrecht opened the public hearing.
John Shaw spoke as representative for Citizens for Cary’s Future Incorporated
and on his own behalf in support of the comprehensive plan amendment to
remove the site from the Cornerstone Community Activity Center.
Aaron Wilson spoke in support of the project for the low density. Expressed
concern with the traffic and requested the stub connecting Bridle Creek be
removed.
Weinbrecht closed the public hearing.
Robinson met with the applicant. Suggested the applicant include what will make
this a nice neighborhood in the form of conditions.
Bush met with the applicant. Plan to connect with a greenway to the
Prestonwood Country Club for pedestrians.
Weinbrecht stated for those who expressed concern about connectivity, it is
under review. Presently, if it is required, the applicant goes through a quasijudicial hearing to have it removed. For the rezoning, requested information on
how it compares to the surrounding neighborhoods.
October 30, 2014
Minute Book #180, Minute Book Page #77
ACTION: Referred to the Planning and Zoning Board.
_________________________
5.6
Rezoning 14-REZ-25 Creech Property
Summary: Request to amend the Town of Cary Official Zoning
Map by rezoning approximately 0.95 acres located at 1606 Kildaire
Farm Road from Residential 40 (R-40) to Office and Institutional
Conditional Use (OI-CI). Conditions proposed by the applicant
include limiting the building size to a maximum of 6,500 square
feet.
Proposed Council Action: Refer to Planning and Zoning
Speaker: Debra Grannan
Grannan presented report.
Glenda Toppe presented on behalf of the applicant.
Weinbrecht opened the public hearing.
Rose Creech, owner of the property, spoke in favor of request.
Austin Maack concerned with lighting and traffic.
Brian McHenry asked the following: if a traffic study is needed, if a traffic signal
will be placed at Glasgow and the height of the lighting.
Weinbrecht closed the public hearing.
Robinson suggested the applicant match the conditions to reflect what was done
to the adjacent parcels.
Grannan summarized the buffer requirements for this request.
Grannan stated the applicant offered the condition not to exceed 25 feet when 35
or 37 is the maximum with cut-off fixtures and 18 foot is the maximum for the
non-cut-off fixture.
Weinbrecht stated his understanding is this request does not put traffic on
Glasgow and does not change the [NCDOT] criteria to warrant a traffic signal.
Grannan stated yes.
Weinbrecht questioned if office is good for the entire block.
ACTION: Referred to the Planning and Zoning Board.
October 30, 2014
Minute Book #180, Minute Book Page #78
_________________________
5.7
Rezoning 14-REZ-26 Hanna Property
Summary: Request to amend the Town of Cary Official Zoning
Map by rezoning approximately 0.47 acres located at 1608 Kildaire
Farm Road from Residential 20 (R-20) to Office and Institutional
Conditional Use (O&U-CU). The conditions, proposed by the
applicant, include limiting the maximum building area to 5,000
square feet.
Proposed Council Action: Refer to Planning and Zoning
Speaker: Debra Grannan
Grannan presented report.
Donald Hanna presented as both owner and applicant for the property.
Weinbrecht opened the public hearing.
Brian McHenry concerned with parking and traffic.
Austin Maack concerned with property value and traffic.
Weinbrecht closed the public hearing.
Robinson stated applicant seems very willing to place conditions for this project.
Frantz pleased to hear the applicant is preserving the cemetery.
Yerha questioned if the cemetery could be a condition offered by the applicant.
Grannan stated there is a State mandated process for the relocation of graves.
She added the applicant may offer a condition of preserving space for the area.
ACTION: Referred to the Planning and Zoning Board.
_________________________
5.8
Rezoning 14-REZ-27 Morris Branch at Green Level Church
Road
Summary: Request to amend the Town of Cary Official Zoning
Map by rezoning approximately 10.0 acres located at 10700 Green
Level Church Road from Residential 40 (R-40) to Transitional
Residential Conditional Use (TR-CU), with zoning conditions to limit
residential density to a maximum of 4.5 dwelling units per acre.
Proposed Council Action: Refer to Planning and Zoning
Speaker: Mary Beerman
October 30, 2014
Minute Book #180, Minute Book Page #79
Withdrawn by the applicant.
_________________________
5.9
Rezoning 14-REZ-28 Wackena Road South
Summary: Request to amend the Town of Cary Official Zoning
Map by rezoning approximately 14.58 acres located on Wackena
Road from Residential 40 (R-40) to Residential 8 Conditional Use
(R8-CU).
Proposed Council Action: Refer to Planning and Zoning
Speaker: Debra Grannan
Grannan presented report.
Adele Sommerville presented as an owner and applicant.
Weinbrecht opened the public hearing.
Lynette Lewis supports this request.
Weinbrecht closed public hearing.
Robinson understands the request. Wake County does not have money
allocated for a middle school before 2019.
ACTION: Referred to the Planning and Zoning Board.
_________________________
6.
DISCUSSION ITEMS (any item pulled from the consent agenda [item 4 on
this agenda] will be discussed during this portion of the agenda)
6.1
Order to Demolish and Remove Dwelling – 210 Fox View Place
(PL15-004)
Summary: Town Council action is requested in a minimum housing
case involving a dwelling at 210 Fox View Place. The Minimum
Housing Officer has determined that the dwelling at this address is
dilapidated due to fire and has ordered the owner of the dwelling to
demolish and remove the dwelling. The property owner has failed
to comply with the Minimum Housing Officer’s order to remove and
demolish the dwelling within the timeframes provided. Under the
provisions of Chapter 8, Article V of the Cary Code of Ordinances,
entitled Minimum Housing Standards, the Town Council may order
the removal and demolition of the dwelling and to place a lien on
the property to recover the cost. Staff recommends adoption of an
October 30, 2014
Minute Book #180, Minute Book Page #80
ordinance ordering demolition and removal of the dilapidated
dwelling located at 210 Fox View Place.
Proposed Council Action: Council may take action
Speaker: Darrell Parnell
Discussion: Having received complaints about the condition of the dwelling at 210 Fox View
Place, the Town began a Minimum Housing investigation in accordance with Chapter 8, Article V,
of the Town of Cary Code of Ordinances, entitled “Minimum Housing Standards.” The Minimum
Housing Officer has conducted several field investigations, sent a Complaint Notice of Hearing
letter, and conducted Minimum Housing hearings as required by state law and town ordinance.
On August 7, 2014, the Minimum Housing Officer found the dwelling to be dilapidated and
ordered the dwelling at 210 Fox View Place to be demolished and removed by October 13, 2014.
A follow-up inspection on October 14, 2014, revealed that the dwelling had not been demolished
and removed; therefore, the property owner is now in violation of the Order. While the owner has
stated that they are working to find a contractor to demolish the dwelling, to date this has not
occurred. Due to the severe damage to the dilapidated dwelling, staff believes the dwelling should
be removed and demolished. To move forward, council action is needed to adopt an ordinance
ordering the Planning Department to demolish and remove the dwelling. Staff recommends that
the property owner be given fifteen (15) more days in which to remove and demolish the dwelling
or otherwise bring the structure into compliance with the Minimum Housing Standards; if the
dwelling is not removed and demolished within the additional time granted, the Minimum Housing
Officer would have authority to remove and demolish the structure. The cost of such demolition
and removal shall become a lien against the real property which shall be filed, have the same
priority, and be collected as the lien for special assessments. If any personal property, fixtures or
appurtenances are found in or attached to the dwelling, they shall be sold and all proceeds of the
sale shall be credited against the cost of the removal and demolition.
Fiscal Impact: Staff estimates demolition and removal will cost approximately $10,800. Funds
to cover the cost of the demolition are available in Project GG4005 AH-Minimum Housing
Demolition, Account 069-0000-514-7510. Upon council approval, staff will pursue estimates from
qualified demolition companies to determine the most cost effective provider. Reimbursement to
the Town will be secured by the lien and collected as a special assessment.
Staff Recommendations: Staff recommends adoption of an Ordinance../../../IPDrv/MINIMUM
HOUSING/Fox View demo doc/Fox View demo doc/1Demolition Council Ordinance.doc, ordering the
demolition and removal of the dwelling located at 210 Fox View Place. If the dwelling is not
demolished and removed by the property owner within 15 days, the Town will contract for
demolition and removal, and a lien will be placed against the real property upon which the costs
of demolition are incurred.
AN ORDINANCE ORDERING THE DEMOLITION AND REMOVAL OF A DWELLING
PURSUANT TO THE TOWN OF CARY CODE OF ORDINANCES AND NCGS § 160A-443(5)
WHEREAS, the Dwelling located at 210 Fox View Place, Cary, North Carolina 27511-7223 (the
“Dwelling”), and owned by US Bank National Association (“Owner”) was found by the Minimum
Housing Officer of the Town of Cary, after due notice and hearing, to be unfit for human
habitation in that it was dilapidated; and,
WHEREAS, the Minimum Housing Inspector issued an Order to remove or demolish the Dwelling
on this property on or before October 13, 2014, and such Order was served on the Owner and all
parties in interest, by certified mail, return receipt requested, on August 13, 2014, as required by
law; and,
WHEREAS, Town Staff provided written notice to the Owner concerning the adoption of this
Ordinance by certified mail, return receipt requested, on October 14, 2014; and,
October 30, 2014
Minute Book #180, Minute Book Page #81
WHEREAS, the Dwelling was unfit for human habitation under the provisions of Chapter 8, Article
V, of the Town of Cary Code of Ordinances, entitled “Minimum Housing Standards;” all of the
provisions of said Article have been complied with as a condition of the adoption of this
Ordinance; and the Owner has been given a reasonable opportunity to bring the Dwelling into
conformity with the Minimum Housing Standards.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Cary that:
Section 1. The recitals set forth above are incorporated herein by reference.
Section 2. The Owner of the property herein described is hereby ordered to demolish and
remove the Dwelling within fifteen days (15) days of the adoption of this Ordinance.
Section 3. If the Owner fails to comply with this Ordinance, the Planning Department of
the Town of Cary is hereby ordered and authorized to effectuate the purpose of Chapter 8, Article
V, of the Town of Cary Code of Ordinances with respect to the Dwelling by causing said Dwelling
to be demolished and removed in accordance with the requirements of N.C.G.S. § 160A-443.
The cost of removal and demolition of the Dwelling shall be a lien against the real property, which
lien shall be filed, have the same priority, and may be collected as a lien for special assessment
as provided in Article 10 of Chapter 160A.
Section 4. The property to which this Ordinance applies are known and described as 210
Fox View Place, Cary, North Carolina; PIN #0763030242; Real ID #0142597; and having a
property description of Lot 5035 Fox Chase Sub BM1985-00723; owner, US Bank National
Association, 4801 Frederica Street, Owensboro, Kentucky, 42301-7441.
Section 5. This Ordinance shall become effective upon adoption, and a copy hereof,
certified by the Town Clerk, shall be recorded in the office of the Register of Deeds of Wake
County, North Carolina, and shall be indexed in the name of the property owner(s) in the grantors
index, as provided by law.
Adopted and Effective: October 30, 2014
Smith presented staff report.
Weinbrecht questioned how long the property has been in this condition.
Smith stated the fire occurred on March 7, 2014.
Frantz supports request for public safety reasons.
ACTION:
Motion: Frantz moved to approve PL 15-004.
Second: Yerha
Vote: Unanimous
_________________________
6.2
Koka Booth Amphitheatre – Management Plan and Budget (PR15-05)
Summary: Attached is SMG’s proposed Management Plan and Budget for the
2015 season at Koka Booth Amphitheatre. Although the Town’s fiscal budget
calendar is from July to June, the Amphitheatre budget year is November to
October to more closely coincide with the performance season. The plan
includes SMG’s analysis of the current 2014 season as well as proposed plans
and budget for the upcoming 2015 season. It addresses each of the goals
October 30, 2014
Minute Book #180, Minute Book Page #82
Council has laid out for the facility. This staff report highlights the significant
issues covered in the report and recommends budgets for both the facility and for
Public Works support and projects as well as information on the status of several
Amphitheatre initiatives. In many ways this was the most successful
Amphitheatre season yet, as budget and attendance expectations were up in
almost every area. The Amphitheatre’s 2014 subsidy is expected to be
significantly less than was originally budgeted. Included in this year’s
Management Plan is a report from the Greater Raleigh Convention & Visitors
Bureau (GRCVB) illustrating the overall economic impact of the Amphitheatre’s
programming on the local economy. According to the GRCVB, since the facility
opened in 2001 the total direct local tax revenue return has been estimated at
almost $2 million, with a total spending impact in the local economy of $63
million.
Proposed Council Action: Council may take action
Speaker: Lyman Collins
2014 Overview: Over the past several years SMG has made a concerted effort to reduce the
operating deficit for the facility. Amphitheatre staff has continued to narrow the budget deficit for
the Amphitheatre and continued to improve on its financial performance.
 2004-2009 - From 2004 to 2009 the deficit declined each year and reached its lowest
level in the 2009 season at $82,212 (the approved budget deficit that season was
$222,437).
 2010 - While 2010 did not match the 2009 result, the budgeted deficit had been $210,067
with the final audited figure being $127,349.
 2011 - For 2011, the budgeted deficit of $199,846 was very close to the final audited
deficit of $198,757.
 2012 - For 2012, the Amphitheatre again performed significantly better than projected.
The budgeted deficit was $168,191 while the final audited operating deficit was $101,023.
 2013 – For 2013 the Amphitheatre continued performing significantly better than
projected. The budgeted deficit was $174,488, while the final audited operating deficit
was $150,596.
 2014 – As described below, the 2014 season saw almost every area of the Management
Plan perform significantly better than projected. While the budgeted deficit of $171,242
was similar to the 2013 budgeted deficit, current projections put the final figure at
$122,000, significantly better than the final 2013 subsidy.
For the upcoming 2015 season the Management Plan projects a significantly higher operating
deficit of $210,434. This increase is due to both SMG’s practice of recommending a conservative
budget approach, coupled with the North Carolina Symphony’s continued request for expanded
Summerfest support. Given the Amphitheatre’s demonstrated ability to perform better than
budget, it is not unreasonable to expect the final deficit to be significantly lower. This chart
illustrates the Amphitheatre’s financial trends. Note the chart includes the SMG operating deficit
along with capital expenditures and Public Works regular maintenance support and special
projects. Staff supports this conservative approach to budgeting, because as an outdoor venue,
there are a wide range of variables that can affect the financial performance (weather, availability
of touring acts, overall economic situation, other entertainment options in the region). As noted
above, 2014 is projected to perform significantly better than budgeted with almost every area of
revenue generation exceeding projections which resulted in significantly better revenue for the
venue. Several factors should be noted:

Promoted Concerts: The 2014 season marked the sixth year that the Amphitheatre has
contracted with Outback Concerts to be the facility’s preferred promoter. The agreement
October 30, 2014
Minute Book #180, Minute Book Page #83


called for Outback to promote a minimum of ten concerts. The minimum was met and actually
exceeded by one additional concert. For the 2014 season national promoted concerts
produced the most revenue in the Amphitheatre’s history, almost $400,000 and $90,000
above budget. All but three concerts generated more revenue than budget with the Jack
Johnson concert beating out last year’s Lumineers concert as the highest grossing concert
ever at the Amphitheatre. In addition, 2014 marked the first season ever that the
Amphitheatre hosted two sell-out shows: Jack Johnson and Darius Rucker. For 2015, in
honor of the Amphitheatre’s 15th season, SMG is planning to contract with Outback Concerts
for fifteen national acts to celebrate that milestone. Staff agrees that this is an appropriate
way to create excitement for such a significant season.
Summerfest: Summerfest with the North Carolina Symphony is the bedrock of the
Amphitheatre season and the impetus for the facility to exist in the first place. This season
marked the fourteenth Summerfest since the facility opened and the twenty-eighth
Summerfest in Cary. As outlined in last year’s Management Plan and in Staff Report PR1413, the Symphony significantly expanded Summerfest with additional Town support for
overall marketing efforts and other enhancements. Summerfest was expanded from seven
concerts to nine (plus July 4th) with two festival weekends and a special, stand alone concert
featuring the Von Trapp Singers. As indicated in Staff Report PR14-13, Symphony staff
along with SMG and Town staff evaluated the results of this expanded Summerfest. All
agreed that the expanded offerings were successful with an increase in attendance of 39%.
In addition, over 37% of the audience was new to the Symphony and to Summerfest.
As far as symphony revenue to the Amphitheatre, it was almost double the budget
projections, with $19,030 when $10,000 was budgeted. While not directly a part of
Summerfest, the Symphony also participated in the Josh Groban concert, bringing in even
more new patrons to the Amphitheatre. The Symphony has set a goal of increasing the
audience for 2015 to an average of 3,000 per concert (the average was 2,200 this year). As
outlined in Staff Report PR14-13, SMG asked the Greater Raleigh Convention & Visitors
Bureau to analyze the economic impact of the expanded Summerfest. While these numbers
are still preliminary and based on extrapolating attendance percentages based on overall
Amphitheatre attendance patterns, the GRCVB estimates that there were over 4,000
overnight visitors to Summerfest and overall visitor spending from patrons at Summerfest
was almost $950,000. This spending generated almost $5,000 in occupancy taxes; almost
$2,000 in food and beverage tax revenue; almost $19,000 in local sales tax revenue for a
total tax revenue generation of almost $26,000. Both SMG and Town staff believe the
expanded Summerfest was an enhancement and should be continued. The Symphony has
again requested additional support for Summerfest of $50,000. As outlined in the
Management Plan, SMG has incorporated that expenditure into the overall Summerfest
budget. Continuing its conservative approach to budgeting, SMG projects recovering
$10,000 of that expense leaving a deficit for Summerfest of $40,000. This expense has a
direct result on the overall Amphitheatre budget, and accounts for much of the increase in the
projected deficit for 2015. Symphony, SMG and Town staff are continuing to meet to discuss
other ways of offsetting the revenue loss, including shared sponsorship revenue, ticket
revenue sharing and other ways of revenue recovery. Both SMG and Town staff believe the
eventual Amphitheatre deficit will be less than projected but believe it is better to approach
overall spending considering a conservative outlook.
Additional programming:
o SMG continued to work with a variety of local cultural arts organizations as detailed in the
Management Plan. While none of these events are budgeted to produce revenue (the
organizations make up any facility expenses that may not be covered through ticket
sales), in general these events do end up producing small revenue streams for the
Amphitheatre. For the first time, the Amphitheatre partnered with North Carolina Opera
to present Opera in the Pines which generated an audience of almost 1,000 patrons with
many being first-time attendees at the Amphitheatre.
o In addition SMG continued the two small scale series that have become popular over the
last couple of seasons, the Hob Nob Jazz Series in the spring and Pickin’ in the Pines
Bluegrass Series in the fall. In 2014 SMG replaced the Wild Card Wednesday’s midOctober 30, 2014
Minute Book #180, Minute Book Page #84
o
o
o
summer series in July with a country themed series, Raisin’ a Ruckus. While all three
series proved popular and attracted good audiences for mid-week shows, only the jazz
series performed better than budget with the other two series, while covering basic costs,
did not meet budget expectations. Nevertheless, all three series are planned to continue
in 2015 and provide good opportunities for local artists to perform and use the facility
during mid-week in a small-scale, low risk way. Staff supports this approach.
Movies continued to be a popular program offering with the Movies by Moonlight Series
having its best season ever almost doubling its budgeted revenue. All but two movies
performed well above budget and particularly noting Frozen and The Lego Movie drawing
audiences that exceeded many concerts. Given the popularity of the movie series and to
bring movie ticket prices in line with prices at The Cary, SMG recommends increasing
regular Movies by Moonlight tickets from $3 to $5 (children under 12 will continue to
receive free admission). Staff supports this recommendation. In addition SMG continued
presenting a movie sing-a-long, repeating Grease from last season which continued to
show its popularity, exceeding its revenue projections. For next year, SMG recommends
continuing the sing-along-tradition perhaps rotating movies (depending on available
titles). Staff supports this approach.
Festivals also continue to be popular Amphitheatre programs. The Town sponsored
Diwali Festival has the second highest attendance for any Amphitheatre event (after the
July 4th celebration), with between 12,000 and 15,000 in attendance. Though budgeted
to break even, as noted in the Management Plan, it typically generates revenue for the
venue. In 2014 two other multicultural festivals were held at the Amphitheatre, the
Hispanic-themed La Ley returned after an absence of several years and a new event, the
Dragon Boat Festival, celebrated an ancient Chinese tradition in an especially colorful
and entertaining way. As in previous seasons three promoted festivals (including the new
Beer & Bacon) centered around food and drink. Overall festivals generated over $70,000
in revenue for the facility, and also exceeded budget projections by over $17,000.
Festivals will continue to be an important component of the Amphitheatre’s programming.
For the second year, a theatre company that specializes in dinner theatre was contracted
to present an audience-interactive dinner theatre with a murder/mystery theme. The
production was designed to involve the audience while enjoying dinner. It was presented
on the mainstage which could accommodate an audience of 120 at tables and chairs.
The actors interacted with the audience and involved them in solving the mystery. As was
the case last year, both evenings sold out quickly. This was a much lower cost theatre
event and has recovered its cost plus a small revenue surplus. This approach has
provided another opportunity to meet the goal of presenting theatrical performances and
may also serve as an entry point for building audiences for larger productions in the
future. The 2015 Management Plan calls for continuing this approach. Staff supports
this objective.
There were also other factors that should be noted for 2014 that have contributed to an overall
positive trend for the Amphitheatre:
 Concession Operations: The 2014 season marked the seventh year that Classic Sports
Catering has provided concession services to the Amphitheatre. Overall revenue from food
and beverage represents a major component of the facility revenue stream making up
approximately one-third of all revenue. As seen in the Management Plan, per capita spending
continued its positive trend, increasing in almost every category. In addition, as noted in the
Management Plan, the Picnic-in-the-Park service for patrons to pick up prepared food, more
than doubled its revenue when compared to 2013. There are no major changes anticipated
in food and beverage operations for 2015.
 Rentals: Rental revenue continued to be strong and represents an on-going reliable source
of revenue. As with other revenue streams at the Amphitheatre rental revenue has exceeded
its budget projections by 6%. For 2014 the Amphitheatre hosted nineteen rental events. In
addition there were three Town of Cary event uses. Together these events brought over
14,000 patrons to the facility.
October 30, 2014
Minute Book #180, Minute Book Page #85


Ancillary revenue: Ancillary income is generated from Amphitheatre services: ticket rebates,
lawn chair rentals, preferred parking, ATM service charges/merchandise and facility
maintenance fees. Income is up in every category, which is to be expected given the increase
in attendance this year. Changes made in both parking operations and ticket services
instituted in previous years continue to contribute to both positive patron experiences
(numerous parking attendants and lower ticketing service charges) as well as positive
revenue trends.
Sponsorship & season ticket revenue: These two revenue sources also saw significant
increases in 2014 with sponsorship revenue up 22% and season ticket revenue more than
doubling the 2013 numbers. Increases in these areas are especially significant as they are
indicators of how both the public and the business community regard the Amphitheatre and
its programming.
Sound levels considerations: For the 2014 season there was a definite decline in sound
complaints from eleven complaints concerning five concerts in 2013 to six complaints concerning
four concerts this year. SMG continued using the Grozier system to measure db levels. This
season SMG fully implemented the recommendations in the sound study completed in 2013.
Staff measured both dbA levels (which measure higher frequencies typical of vocal sound) and
dbC levels (which measures lower frequencies typical of bass sounds). Staff did not find any
correlation between the two measurements and the overall level of complaints. As recommended
in the study, when staff did receive calls from neighbors with complaints they were asked a series
of questions to see if there was a predominate type of complaint. Given the small number of calls
(only five of the complaints were by telephone, with the other by email the next day), staff was not
able to determine any one area of specific concern. Only one concert, Darius Rucker, requested
to use 98 dbA (up to three requests were authorized by Council). There were two complaints, for
this concert. Unlike last year when two bands were fined for exceeding sound levels, there were
no bands that were fined this year. Overall, sound did not appear to be a major concern for 2014.
SMG does not recommend any changes to our sound practices for 2015 and staff agrees with
this approach.
Other Items
 Responses to Concerns from Event Customer Service Surveys: As noted in the
Management Plan the three top areas of suggested improvements at the Amphitheatre
were related to parking, venue overcrowding and artist visibility during concerts. SMG
addressed each issue:
o Parking: Concerns centered around distance to parking lots, inconvenience and
confusion regarding parking. SMG will evaluate incorporating more volunteers in
parking lots, improving signage and considering adding additional shuttles. At
high attendance events parking will always be something of an issue given that
once attendance goes beyond 3,000 more distant parking lots must be used.
Nevertheless, staff supports SMG’s commitment to evaluate the situation and
look for proactive solutions.
o Venue Overcrowding: Although the Amphitheatre architects established capacity
at 7,000 when the venue first opened, since that time there have been a series of
encroachments, including BMPs to address drainage concerns and additional
concession kiosks to serve large crowds. Patrons who attend heavily sold shows
are crowded into tight spaces and the Amphitheatre’s practice of allowing patrons
to spread out must be restricted. Reducing capacity has the potential of both
affecting revenue and also impacting artists’ availability. SMG recommends
studying those impacts during the winter and if a change in capacity seems
warranted, would bring a recommendation regarding capacity back to Council for
approval. Staff supports that approach and will work with SMG on this concern.
o Artist Visibility: When audiences are large and spread to the out edges of the
lawn and into the pine straw, it is more difficult to see the artists on stage. For
several concerts SMG persuaded the artists and the promoter to allow video
October 30, 2014
Minute Book #180, Minute Book Page #86
screens, though this cannot be guaranteed both because it is an expense that is
charged back to the promoter and some artists do not want to be exposed to
video close-ups. Nevertheless, SMG recommends continuing working with
artists and the promoter to encourage the use of these screens whenever
possible. Staff supports this approach.

Information for the GRCVB Economic Impact Analysis: In anticipation of the
Amphitheatre’s fifteenth season, it seemed to be an appropriate time to work with the
GRCVB to produce and economic impact study of each of the fourteen Amphitheatre
seasons. A summary of that study in included as part of the Management Plan. The
GRCVB used ticket data collected by the box office to analyze where patrons were
coming from to attend events. The study shows that there were more than 1.5 million
visits to Amphitheatre events since opening in 2001. Those visitors generated over $63
million in spending in Wake County which resulted in almost $2 million in local tax
revenue.
FY14 Budget Requests:
Capital Equipment: In the 2014 Management Plan there were four major capital equipment
requests, all related to replacement of items that had reached the end of their useful service: 1)
replacement of the movie screen and frame; 2) replacement of tents used for catering services
and for the sound mix position; 3) replacement tables for the Crescent seating area; 4)
replacement of banquet tables used for various capacities throughout the facility. The budget for
these items was $53,500 with final expenditures coming in under budget at $44,829. For 2015
SMG has requested and staff is recommending $50,000 for capital equipment as detailed below:
 Box Office poster box replacement & signage: The current poster boxes leak and are
difficult to maintain. Additional professional signage is also requested for the information
windows at the box office: $15,000
 Radio upgrade: With the expanded parking lot options along Regency Parkway, existing
radios do not reach all areas. This upgrade will allow for better staff communication during
events which affects patron safety as well as comfort: $15,000
 Supports for the lawn pole mounted speakers: Currently the speakers that are on poles in
the middle of the lawn are held in place by cables that are worn out and not stable. This
situation poses a safety concern as well as concern for speaker damage should any fall. A
permanent solution is recommended to build small platforms on each pole to support these
speakers: $20,000. Total for Capital Equipment: $50,000
Operations and Maintenance Budget: Based on a review of past years operations and
maintenance costs Facilities Management recommends a budget of $163,375..
Special Projects: This area has both a number of projects previously approved but not
completed as well as a series of new projects for which SMG and staff are requesting approval.
Funds Carried Forward for Projects Initiated in Prior Year:
 Backstage Lighting: Additional lighting is needed both at the backstage and the service
gate area to assist with patron and staff safety during evening event times. These two areas
are currently under lit and difficult to maneuver if patrons are not familiar with the area.
$14,000.
 Glass Panels: Maintenance repairs are necessary to insure the glass panels above the
stage are safe and watertight. $8,000.
 Joint Sealing Granite: This will include re-setting and maintenance of several granite
walkway areas as these areas have become trip hazards to patrons. $4,500.

HVAC improvements: During the past summer seasons Facilities Management
has confirmed the presence of mold in the basement of the stage area at Booth
Amphitheater. The mold issues have been caused by an inability of the mechanical system
to properly dehumidify the air. Facilities has employed portable dehumidifiers to improve the
October 30, 2014
Minute Book #180, Minute Book Page #87
situation but humidity continues to be a problem. An additional issue with the existing HVAC
units is location. The units are located directly over the house audio system. During the high
humidity summer season condensation drips from these units onto the amplifier rack.
Consultation with mechanical contractors indicates the best solution to be updating and
relocating the HVAC units. The new units would have reheat capability which is a strategy
we have successfully employed at other facilities. $46,555. Subtotal for Special Projects
Carried Over: $73,055
New Projects:
 Armor Decking Event Flooring: This item is requested to prevent turf damage during
major festivals. This flooring would be placed on the lawn under the large tents used for
some events to prevent wear and tear on the turf itself. By protecting the turf, staff
anticipates longer turf life with less of a need for frequent replacement as has occurred
over the last few years. $29,000
 Low Retaining Wall to Improve Drainage: Currently there is a large area at the edge of
the turf on the lake side of the lawn that does not drain properly and creates an area that
is unusable during events. Staff proposes placing a small retaining wall with a drain in
front to mitigate this problem. $21,000.
 Walkway paving Extension: At the end of the granite walkways on the lake side of the
seating area there are significant bare spots that cannot support turf. Staff recommends
extending the paving in these areas. $14,000.
 Implementation of ADA Requirements: Transportation & Facilities Department has
been conducting evaluations at various facilities to determine compliance with the
Americans with Disabilities Act. This funding is requested to address the most significant
findings from that study at the Amphitheatre. Findings will be prioritized and it is likely
that there will be additional funding requests in future years: $50,000.
 Crescent Decking Replacement: The wood decking on the Crescent is original to the
Amphitheatre and is over fourteen years old. Similar to the stage decking replacement
completed last year, staff is recommending using the same material which was installed
on the stage. While it has a higher upfront cost, it has a significantly longer life span.
Because of the extensive work that needs to be accomplished, staff does not believe it
can be completed in a single season so this request is for half of the replacement work
with the remaining half to be request for the 2016 budget. $115,000.
 Pallet Shelving: Shelving is requested for the Amphitheatre storage building to free up
floor space. $2,200.
 Sod Replacement: There are areas of the lawn that are in need to sod replacement. The
Armor Decking should mitigate this need in future years. $10,000. Subtotal for New
Special Projects: $241,200. Total Public Works Special Projects: $314,255
Future Capital Projects: There are potential capital construction needs to be considered for
future years. The sound and lighting systems are aging, and, coupled with changes in technology,
will required replacement. There also remains the need for staff offices at the Amphitheatre.
Currently the administrative office for the Amphitheatre is at Herb Young Community Center. It
would provide for a more efficient operation if staff were on site and in turn potentially open up a
revenue generating area for the community center. Staff is not recommending pursuing these
changes now, but is including them in a long-term analysis of Amphitheatre operations for future
consideration.
Summary: SMG’s 2015 Management Plan and Budget forecasts an operating deficit of
$210,434. This represents a conservative approach given the potential for weather impacts, the
nature of next year’s touring market, other entertainment options in the region, and other
variables inherent in operating an outdoor performing arts facility.
Fiscal Impact: SMG continues to provide the majority of staffing and other resources necessary
to program and operate the Koka Booth Amphitheatre. The “SMG Projected Deficit” itemized
October 30, 2014
Minute Book #180, Minute Book Page #88
herein reflects the amount that SMG costs are expected to exceed Amphitheatre revenues as
outlined in the line item SMG budget included below:
Staff Recommendations:
1. Approval of SMG’s Management Plan and Budget for the 2015 season.
2. Recognize the potential risks inherent in Amphitheatre promoted concerts and other special
events and authorize including such events as outlined in the 2015 Management Plan.
3. Authorize staff to continue working with the NC Symphony on plans to expand Summerfest
2015 and recognize that $50,000 in additional support has been incorporated into SMG’s
2015 Management Plan and Budget.
4. Approval of reducing the Amphitheatre budget at October 31, 2014 for the first four months
of the Town’s fiscal year 2015 to equal Amphitheatre expenses for the same time period to
the General Fund Balance which is currently expected to be $258,006.
5. Appropriate the $258,006 from the General Fund Balance and add the remaining balance
needed of $25,058 from the General Fund Fund Balance to the respective Amphitheatre
accounts along with the $455,000 that was included in the FY 2015 adopted operating budget
necessary to execute the 2015 Amphitheatre season as outlined in the table above totaling
$738,064. Since these number reflect estimates to complete the year, it is understood that
these respective amounts can be adjusted to correspond with the actual amounts remaining
at the end of October 2014 related to the Amphitheatre operations.
6. Recognize a reimbursement of $477,630 from the General Fund Amphitheatre division to the
General Fund’s Facilities Management division for the 2015 season support ($163,375
support + $314,255 special projects).
Collins presented staff report.
Based on question on how Koka Booth Amphitheater is doing in relation to area
competition, Collins stated the concerts are well attended.
Based on the question on the frequency of renewing the contract, Collins stated
that can be reviewed.
ACTION:
Motion: Frantz moved to approve the staff recommendations for PR 15-05.
Second: Bush
Vote: Unanimous
_________________________
6.3
Consideration of Regional Branding Design for C-Tran Fixed
Route Vehicles (TF15-025)
Summary: For the past two years, staff has participated in a
Transit Stakeholders Committee exploring the option of moving
toward a regional branding design for all urban transit systems in
the Triangle area (C-Tran, Chapel Hill Transit, Raleigh’s Capital
Area Transit (CAT), Durham Area Transit Authority (DATA), and
Triangle Transit. The primary purpose of this study was to
determine if transit customers in the region would benefit from
having a more unified brand that tied our services together in a
more visible manner, and if so, then prepare a final design for
consideration for local elected officials or transit board members.
October 30, 2014
Minute Book #180, Minute Book Page #89
Staff recommends Council approval of the new “Go Cary” brand
with the modification of changing the dominant color from green to
our current C-Tran blue for all newly purchased buses for the
Town’s transit system fixed route services beginning in October
2016. Staff will come back to Council at a later date for an approval
on the final Door to Door services design. Staff further
recommends Council approval of an expenditure of $2,000 to assist
in the development of a regional graphics standards manual for the
new regional brand. For the two new buses funded in FY15, staff
recommends that these buses be painted to reflect our existing
color and brand to avoid any confusion to our customers.
Proposed Council Action: Council may take action
Speaker: Ray Boylston
Background: Through a competitive bid process led by Triangle Transit and stakeholders, Clean
Design, a local marketing and graphic design consulting firm was hired by local providers to
develop a new brand for fixed route transit services in the Triangle area. A statistical analysis
firm, FGI Research, was also selected and completed nearly a thousand citizen telephone
surveys region wide. University transit systems opted not to be part of this project at this time. In
July 2014, a final preferred design was selected by the stakeholders represented by area
systems. Since that time, the Triangle Transit Board of Trustees, DATA and the Raleigh Transit
Authority (RTA) and the City of Raleigh City Council have approved the new regional brand for
urban transit systems in the Triangle. Staff expects that Chapel Hill Transit will likely make a final
decision by January 2015.
Discussion: The regional branding study consisted of a Phase I and Phase II. Phase I consisted
of a collection of survey information to gauge current views of existing system brands from
citizens throughout the Triangle to see if a new regional brand was worth pursuing. Phase II
consisted of the development of a final design for systems to consider to adopt. After the
information was compiled, presentations were made to key staff from each of the transit partner
organizations for review and consideration. The transit stakeholder group reconvened and
unanimously agreed to move forward to Phase II of the study. One of the key challenges was to
see if a brand name and design that demonstrated a more unified connection between the
systems but at the same time, allowed for local system identity could be found. The stakeholder
group agreed to a final design that met these criteria, however Cary representatives stated that
the Town desired to have the final design incorporate Cary’s current C-Tran blue color as the
dominant color on the bus instead of the proposed green. The final regional brand report and
design did not reflect the Town’s request for this change due to limited project funds. Staff has
provided Council with illustrations of the current C-Tran design, the proposed regional brand
design and the staff recommended regional brand design for the Town’s fixed route transit
system depicted on the future larger buses to be implemented in October 2016. Although the
recommended design is not depicted in the illustration provided for the smaller fixed route buses
operated by the Town, they would have the same design just on a smaller scale. To avoid
confusion with two different brands or alterations to our existing brand on the road at the same
time and marketing challenges, staff recommends that the new brand be implemented at the time
when our new private provider contract begins in October 1, 2016. In addition, staff estimates
that it would cost about $6,000 per vehicles or $72,000 for the existing fixed route fleet if the
Council opted to proceed now with changing our brand. There would also be additional costs for
driver uniforms, web site updates, and all other marketing materials. In preparation for the
unveiling of the new regional brand, transit staff will work closely with the Public Information
Office to ensure that all other printed and web-based materials adhere to the new brand. Triangle
Transit has recently informed staff that they are currently planning on a follow up study to hire a
marketing consultant to develop comprehensive graphic standards manual for the new brand
October 30, 2014
Minute Book #180, Minute Book Page #90
concept that staff can utilize in our marketing efforts. Staff will participate in this study and
recommends utilizing existing FY15 budgeted operating funds to contribute $2,000 for this
initiative that has a total estimated cost of $14,000. In regard to the Town’s Door to Door system,
the Transit Stakeholders Committee did not make definitive plans regarding the system’s
American’s With Disabilities Act (ADA) related paratransit or Door to Door service vehicles as it
was not in the study’s scope of work. Staff will continue to work with local transit systems over
the next six months to develop a strategy for our paratransit fleet brands. Staff will come back to
Council for their approval of a final recommendation for our Door to Door vehicles. It is the intent
of staff to recommend a paratransit brand that utilizes key components of the new brand yet
distinguishing them from the fixed route vehicles by alternating established brand colors to
differentiate the two types of transit services that the Town provides. Over that past few years,
staff has experienced some complaints from fixed route passengers waiting at bus stops stating
that the fixed route bus passed and left them only to determine that it was a Door to Door vehicle
that has the identical branding of our fixed route buses - only shorter in length. In regard to the
two new larger transit buses approved by Council for FY15, and after staff’s review of minor
alternatives to our existing brand and color scheme, staff recommends that these buses be
painted to reflect our existing brand to avoid any confusion to our customers. These options are
provided as Council asked staff to look at other color schemes. Final specifications for the two
new larger buses will be finalized and ordered soon. Painting and decal work specifications will
be sent to the bus manufacturer for these two buses following Council’s decision. Although
originally anticipated by staff to arrive in January 2015, the two buses are expected to arrive later
due to the increased demands for these buses from the manufacturer in the past few months.
Based on correspondence with the bus manufacturer, staff anticipates that the new buses are
expected to be delivered in the winter of 2016.
Fiscal Impact: Since the cost of the new brand will be incorporated into the specifications in the
upcoming new contract to begin in FY17 for the operation and maintenance of our service,
additional costs for the painting and decaling of the buses is expected to cost between $2,000
and $4,000 more than our existing brand per vehicle due to the additional labor costs associated
with a more complex design that will use more expensive decaling. These costs will be included
in the new contractor’s fully allocated cost per revenue hour as has been done in the past.
Similar to all other contract costs, forty percent (40%) of these costs are eligible for
reimbursement to the Town from the Federal Transit Administration (FTA). Staff anticipates that
some additional costs and increased staff time will be required for the updating of the new Go
Cary web site and other marketing materials and they will be included in a future recommended
budget.
Staff Recommendation: Staff recommends Council approval of the existing C-Tran brand for the
two new buses expected to arrive in the fall of 2015. Staff also recommends Council approval of
the new “Go Cary” brand with the modification of changing the dominant color from green to our
current C-Tran blue effective October 2016 for all of the Town’s transit system fixed route
services with staff coming back to Council at a later date for an approval on the final Door to Door
services brand design. Staff further recommends Council approval of an expenditure of $2,000 to
assist in the development of a regional graphics standards manual for the new regional brand.
For the two new buses funded in FY15, staff recommends that these buses be painted to reflect
our existing color and brand to avoid any confusion to our customers.
Boylston presented staff report.
Robinson wished slides were available as a visual for the audience and Council
to compare the full fleet and the compliment of colors.
Bush stated the meeting was an exercise to review the colors and the branding
will be methodical.
October 30, 2014
Minute Book #180, Minute Book Page #91
Robinson stated the blue with the green triangles differentiates from the Duke
blue with the blue triangles. Conveys to riders this is a network of fleets and one
can transfer within the fleet for transportation and the branding promotes
regionalism.
Yerha found the report confusing and questioned the cost to the Town.
Boylston stated the recommendation is to begin the new branding when the new
management and operations contract begins in October 2016. The estimated
cost is $4,800 more per bus than the existing brand because of the multi-color
and triangles on the rear of the bus and there is an additional cost for the fixed
route vehicles. Total amount will be spread out over the life of the contract and
the Town will be able to off-set with a 40% reimbursement from the federal transit
administration.
Yerha likes the C-Tran name. Appreciated the advantages mentioned by Council
Member Robinson. Does not want to spend money on changing the name when
the money could be spent for Sunday hours or expanding the routes.
Frantz agreed with Council Member Yerha. Does not see how this helps the
Cary brand. Expressed concern that regionalism would compromise the trust of
our C-Tran brand.
Smith stated Cary is known for being green and “Go Cary” is reflective of a transit
system. Cost is a concern.
Robinson moved to adopt the recommendation by the staff within the report.
Bush seconded.
Bush questioned if the Town receives any funding from TTA for being a part of
this brand.
Boylston stated it has the potential to position the Town for state funding and not
aware of any known risks. Added the transit services do work with each other.
Robinson moved to amend her motion to delete the color aspect and adopt
staff’s recommendation that two buses for this fall be C-Tran buses and after that
the “go triangle” brand and her second motion would be about the color.
Bush amended her second.
Frantz stated as the Town gets new buses, the new buses would be painted the
new brand.
October 30, 2014
Minute Book #180, Minute Book Page #92
Boylston stated the staff report indicates the two new buses arriving late fall 2015
would be consistent with the current C-Tran logo and beginning October 2016
would be the new brand.
ACTION:
Motion: Robinson moved to amend her motion to delete the color aspect
and adopt staff’s recommendation that two buses for the fall be C-Tran
buses and after that the “go triangle” brand and her second motion would
be about the color.
Second: Bush
Vote: Frantz and Yerha voted “no”. All other members voted “aye”. Motion
carried by majority vote.
Robinson referred to report with illustrations with base color being either green or
blue.
Based on question by Council on how to distinguish a Cary bus from the other
buses, Boylston stated no route numbers are duplicated. Minor decaling could
be on the front or rotate the signage between the route number and “Go Cary.”
ACTION:
Motion: Bush moved to go forward with the recommended blue with the
green graphics for “Go Cary” to match our C-Tran.
Second: Robinson
Vote: Frantz and Smith voted “no”. All other members voted “aye”. Motion
carried by majority vote.
Boylston stated Council action for the participation in the partnership for funding
in the next phase for the graphics design manual is requested.
ACTION:
Motion: Robinson moved to participate in the partnership for funding in the
next phase for the graphics design manual.
Second: Bush
Vote: Frantz and Yerha voted “no”. All other members voted “aye”. Motion
carried by majority vote.
_________________________
6.4
Recommendations from the North Harrison Avenue Grade
Separation Feasibility Study (TF15-030)
Summary: The Town participated with the Capital Area
Metropolitan Planning Organization (CAMPO), the North Carolina
Department of Transportation (NCDOT) Rail Division, Triangle
Transit, and the North Carolina Railroad (NCRR) Company to fund
the North Harrison Ave. Grade Separation Study. The purpose of
October 30, 2014
Minute Book #180, Minute Book Page #93
the study was to explore options along the North Harrison Ave.
corridor in anticipation of increased delays for vehicles as train
traffic continues to increase. Staff recommends that the Town
Council accept the report for review but does not recommend
adopting the recommendations at this time. Individual
recommendations will be brought back to Council by staff for action
as needed.
Proposed Council Action: No action is required at this time.
Speaker: Laura Cove
Background: With the development of the draft Wake County Transit Plan, the City of Raleigh
and the Towns of Cary and Morrisville stressed the importance of looking at how any new rail
service would affect their communities. Increased service may impact traffic travelling through
communities along the rail corridor due to anticipated delays at crossings and potential crossing
closures. Based on these concerns, the NC Capital Area Metropolitan Planning Organization
(CAMPO) committed to collaborate with, and help fund studies in the three communities. As a
result, the Town has been coordinating with CAMPO, NC Department of Transportation (NCDOT)
Rail Division, Triangle Transit, and the NC Railroad Company (NCRR) to complete a feasibility
study to investigate the costs and impacts of a proposed grade separation of Harrison Avenue
over the NCRR corridor. The study includes accommodations for proposed rail transit and
connectivity for pedestrians and bicycles both through the corridor and to station areas and
platforms. The objectives of the study were to:
 Maintain connectivity in Downtown Cary across the NCRR and CSXT rail corridors to
ensure community mobility, livability, and economic vitality while enhancing safety for all
transportation system users;
 Determine the feasibility of a grade-separated roadway bridge for North Harrison Avenue
over the NCRR rail corridor in Downtown Cary through the development of functional
design plans and the evaluation of traffic and community impacts as well as right-of-way
constraints; and
 Evaluate traffic impacts of such a facility to the Downtown Cary street network.
Discussion: Staff developed an inter local agreement with the project participants listed above
defining the project scope and funding to explore the feasibility of building a grade separated
crossing over the rail tracks in downtown Cary. The Norfolk Southern and CSX tracks are
currently used for freight and passenger trains. Tables 1 and 2 below summarize the existing and
proposed future train traffic on these tracks:
Table 1
Train Name
Piedmont
Piedmont
Carolinian
Carolinian
Silver Star
Silver Star
Train Number
73 and 75
74 and 76
79
80
91
92
Direction
Southbound
Northbound
Southbound
Northbound
Southbound
Northbound
Track
Norfolk Southern
Norfolk Southern
Norfolk Southern
Norfolk Southern
CSX
CSX
Time
6:57 am and 11:57 am
2:53 pm and 8:08 pm
5:03 PM
10:02 AM
9:27 AM
8:15 AM
Table 2
Mode
Amtrak
Freight
Light Rail
Commuter Rail
Totals
CSX
Existing
2
2-4
0
0
2-6
Future
2
2-6
0
0
2-8
NCRR
Existing
6
4-6
0
0
4-12
Future
12
8-16
144
30
8-202
October 30, 2014
Minute Book #180, Minute Book Page #94
Two preliminary concepts were developed and presented to the public for comment at a February
4, 2014 workshop. Alternative 1 proposed bridging over the NCRR corridor only. Alternative 2
would bridge over both the NCRR and CSX corridors. Following the public meeting, a third
alternative was developed based on public input which proposed realigning the CSX railroad
tracks to be within the NCRR corridor through the N. Harrison Avenue crossing. After further
study, Alternative 1 was selected as the preferred long-term alternative for the following reasons:
 Reduced crossing delays
 Least amount of impacts to local businesses
 Relative low construction cost compared to other alternatives
 Retains existing street connectivity
 Retains current C-tran operations
 No impact to CSX operations
Alternative 2 was found to be too impactful to local businesses, traffic and the overall character of
downtown. In order to bridge both sets of tracks, the Chatham St. intersection with Harrison Ave.
would need to be raised approximately 10 feet from its current location. In addition, the majority of
existing and future rail traffic is expected to be in the Norfolk Southern/NCRR corridor, not along
the CSX rail line. The third alternative included substantial impacts to existing businesses and
residents and would require significant relocations. CSX was also unwilling to discuss at the
feasibility stage and would require at least 25% design plans to comment. Functional designs for
the preferred alternative were developed and presented to stakeholders and to the public at an
August 5, 2014 meeting. To date, no funding is currently available for this project. The Town will
continue to work with study participants as it pursues additional planning and implementation
funds at the direction of Town Council. The full draft report is available for review. As funds
become available, the following steps are recommended in the report:
Short-Term (2015-2020): The study recommends the Town, NCDOT, NCRR, Amtrak, and CSX
work to identify potential operational improvements to passenger rail services to minimize
crossing closures and times. These changes could be implemented as part of a long-term grade
separation solution. The operational improvements determined to be most feasible are:
 Extend platforms.
 Adjust stopped train positions.
 Move gate actuators (crossing gate detectors).
 Improve rail/traffic signal coordination.
Mid-Term (2020-2025): The study recommends the Town and the other rail participants study
options to expand or add to the Cary Depot as rail and bus passengers reach the Depot’s existing
capacity. This solution could be implemented as part of a long-term grade separation project,
although the potential benefits of relocating rail or bus activities should be fully studied before a
final long-term solution is selected. Early ideas include:
 Relocate Amtrak and/or bus activities to the west side of Harrison Avenue in a new
Depot facility and construct new platforms west of Harrison Avenue to minimize
crossing closures.
 ·Relocate Amtrak and/or bus activities to the east side of Academy Street, which would
allow a longer platform to be built and reduce crossing closures.
Long-Term (2025+)
 The preferred long-term solution is a grade separation of Harrison Avenue over the
NCRR/NS
railroad corridor. This project is listed in the 2040 Metropolitan Transportation Plan for the
Capital Area Metropolitan Planning Organization (CAMPO) (Project A642, scheduled for 2030).
October 30, 2014
Minute Book #180, Minute Book Page #95
Fiscal Impact: Staff anticipates no fiscal impact from receiving this report. Individual
recommendations may have associated costs. That information will be provided as the individual
recommendations are brought back to Council.
Staff Recommendation: Staff recommends that the Town Council accept the report for review
but does not recommend adopting the recommendations at this time. Individual recommendations
will be brought back to Council by staff for action as needed.
Cove presented staff report.
ACTION:
Motion: Frantz moved to accept the report.
Second: Bush
Vote: Unanimous
_________________________
6.5
Yates Store Road Extension through the Montvale Subdivision
(TF15-031)
Summary: Glennjan, LLC is developing the Montvale Subdivision,
Phases 1 & 2 (14-SB-003, 14-SB-005) and are required to extend
Yates Store Road through the development. In February 2014, the
Council approved the proposed Yates Store Road alignment and
grade-separated crossing of the American Tobacco Trail (ATT)
proposed for the Montvale subdivision and confirmed that it met the
intent of the Comprehensive Transportation Plan (CTP). Glennjan,
LLC is requesting that the Town participate in the construction of
the off-site improvements associated with the extension of Yates
Store Road to E. Ferrell Road, which consist primarily of building
the offsite portion of Yates Store Road, the ATT pedestrian culvert,
minor re-alignment of the ATT trail, and the vertical re-alignment of
E. Ferrell Road. Staff recommends that Council approve the
appropriation of $500,000 of vehicle license fee fund balance within
the general capital reserve toward the cost of completing the offsite improvement. Staff further recommends that the Montvale
Subdivision be allowed to provide an alternative two-lane curb and
gutter cross section for Yates Store Road, instead of a 4-lane
median divided roadway, as prescribed in the CTP. The developer
will be entirely responsible for all other obligations, as defined in the
discussion section of the staff report.
Proposed Council Action: Council may take action
Speaker: Jerry Jensen
Background: At the February 27, 2014 Council meeting, the Council approved the proposed
Yates Store Road alignment and grade-separated crossing of the American Tobacco Trail (ATT)
proposed for the Montvale Subdivision and confirmed that it met the intent of the Comprehensive
Transportation Plan (CTP). Additionally, the Council directed staff to develop an agreement(s)
with NCDOT and the developer based on the conditions above and approved the Town Manager
October 30, 2014
Minute Book #180, Minute Book Page #96
to enter into the agreement(s). The agreement is nearly complete and will be moving toward
execution by all signing parties. Construction plans for the Montvale Subdivision, Phases 1 & 2
(14-SB-003, 14-SB-005) have been filed with the Town and the projects are currently under
review by the town staff. The plans filed by the developer, Glennjan, LLC (Glennjan) include the
extension of Yates Stores Road and a proposed grade separation crossing with the ATT. The
alignment of the roadway is located near the original CTP alignment east of E. Ferrell Road just
south of the Wake/Chatham county line and takes advantage of vertical and horizontal separation
between E. Ferrell Road and the American Tobacco Trail. The specific design includes a
pedestrian culvert for the ATT and involves improvements to E. Ferrell Road that includes raising
the road as necessary to achieve proper vertical clearances for the ATT culvert crossing. The
design plans show construction of two-lanes for the extension of Yates Store Road from its
current terminus south of Elan Hall Road (in the Weldon Ridge development) to E. Ferrell Road.
The developer is also dedicating the full CTP right-of-way width of 100-feet. The two travel lanes
will be offset in the right-of-way to facilitate a future 4-lane median divided roadway that may be
needed in the long term. The developer is proposing to construct the road with curb & gutter,
despite the CTP recommending the roadway be constructed as a rural cross section with grass
shoulders and swales. Glennjan is requesting that the town participate in the construction of the
off-site improvements, which consist primarily of construction of the off-site portion of Yates Store
Road extension, the ATT pedestrian culvert, minor re-alignment of the ATT trail, and the vertical
re-alignment of E. Ferrell Road. Participation on the Town’s behalf would include a lump sum
payment of $500,000 toward the construction costs for the project. In addition, the developer is
seeking to enter into a developer agreement for right-of-way reimbursement above and beyond a
collector roadway for the onsite portion of Yates Store Road.
Discussion: Glennjan is seeking participation by the Town for the off-site improvements
because the construction will cost the developer significantly more than the required on-site CTP
obligations. The developer’s engineer has provided cost estimates that show that the actual
construction cost for the entire project is estimated to be $1.622M and the actual onsite CTP road
costs are $1.062M. The cost differential of the two cost estimates is $560,000, which is the
amount above and beyond what would be normally required for CTP onsite improvements. This
differential cost is the basis for this request. The actual amount requested for participation is
$500,000. Town staff recommends that the Town participate in the project, as defined by the
responsibilities of each party below:
Developer Obligations
1. Dedicate 100-feet of right-of-way for Yates Store Road consistent with the CTP.
2. Construct two-lanes with curb and gutter of Yates Store Road off-set in the right-ofway from its current terminus at Elan Hall Road to E. Ferrell Road, and provide
separate left turn lanes at entrances to the Montvale development.
3. Grade the entire right-of-way width in accordance with the CTP standard described
as a 4-lane, median divided street in order to avoid any future disturbance of
streetscape or hardscape in the future.
4. Build the ATT pedestrian culvert, re-align the ATT trail, and re-align E. Ferrell Road.
5. Publicly bid all construction associated with the extension of Yates Store Road.
6. Provide a complete turn-key approach for the project including absorbing all
associated costs that may include design, permitting, construction, construction
management, right-of-way or easement acquisition, etc.
7. Responsible for seeking a developer agreement with the Town for on-site right-ofway dedication, in accordance with the Town LDO, policies and procedures.
Town Obligation
1. The sole responsibility of the Town is to provide a lump sum contribution payment of
$500,000 to the developer, to be paid after substantial completion of the entire
project in accordance with Town and NCDOT Standards and Specifications, and the
road and the ATT pedestrian culvert are open for safe vehicular and pedestrian
travel.
October 30, 2014
Minute Book #180, Minute Book Page #97
Staff supports the Town’s financial participation in the project as it will:
1. Provide for the logical extension of our thoroughfare network;
2. Create greater connectivity of roads in the area;
3. Facilitate quicker construction of the ATT grade separation that may not otherwise be
realized for many years;
4. Secure the agreement for the crossing of the ATT; and
5. Will be much more economical for the Town to contribute to this project now, rather
than waiting for years to do a standalone project at significantly higher costs to the
Town.
Staff also supports allowing the developer to construct Yates Store Road as an alternative twolane section in lieu of the full CTP widening, consisting of a 4-lane median divided street. The
two-lane section will serve the traffic volume needs now and for many years into the future, and a
two lane crossing of the ATT will be less costly initially than a 4-lane crossing.
Fiscal Impact: Operating: It is the staff’s expectation that Yates Store Road will become an
NCDOT state-maintained roadway at some point in the future; however, it is unlikely that the state
would maintain the ATT pedestrian culvert; therefore, the anticipated annual cost of maintaining
the culvert is $500. Funding: No funds have been budgeted to date for the work presented in this
staff report. Staff recommends Council appropriate $500,000 of vehicle license fee fund balance
within the general capital reserve fund to support a one-time, lump sum contribution to the
developer for the off-site improvements discussed above. If approved, these funds should be
budgeted within the construction account of a new Transportation project.
Staff Recommendation: Staff recommends that Council appropriate $500,000 of vehicle license
fee fund balance as the Town’s contribution toward the specific off-site road improvements
outlined in this staff report for the Montvale subdivision. These funds should be budgeted within
the construction account of a new Transportation project for expenditure. Staff further
recommends that the Montvale Subdivision be allowed to provide an alternative two-lane curb
and gutter extension of Yates Store Road, instead of a 4-lane median divided roadway, as
prescribed in the CTP. The developer will be entirely responsible for all other obligations, as
defined in the discussion section of the staff report.
Jensen presented staff report.
Bush stated the current requirement is to build four lanes without curb and gutter
and questioned the recommendation for two lanes with curb and gutter. Jensen
stated in the existing terminus, traffic volumes indicate two-lanes are sufficient.
Imagine Cary is an opportunity to review needs. Developer wishes to do curb
and gutter
Robinson questioned if there will be sidewalk. Jensen stated sidewalk is on one
side and a street side trail on the other side and it will connect to the American
Tobacco Trail.
Bush questioned if the lanes are extra wide for bikes. Jensen stated the twolanes would have a bike provision on one-side.
Robinson questioned asking the developer to make two 14-foot lanes.
October 30, 2014
Minute Book #180, Minute Book Page #98
Bush questioned the proposed width. Jensen stated the proposed width is 26
feet of total pavement, for two 13 foot lanes. Two additional feet making this 28
feet can be in the recommendation.
Frantz questioned what the $500,000 is going toward. Jensen stated the
developer’s property line ends at the American Tobacco Trail and the Town’s
participation would defray costs for building the extension of Yates Store Road
for the American Tobacco Trail to East Ferrell Road which is about 150 feet and
includes the pedestrian culvert for grade separation and improvements for the
vertical clearance over the culvert. Added these are off-site improvements.
ACTION:
Motion: Robinson moved to support the financial participation of $500,000
by the Town and to support a two-lane section with curb and gutter and
that the two-lane section and two 14 foot wide lanes.
Second: Bush
Vote: Unanimous
_________________________
6.6
Academy Street Improvements – Street Lighting Options
(TF15-034)
Summary: During the September 22, 2014, Work Session, Council
reviewed several updates to the Academy Street Improvements
Project and requested more information associated with street
lighting options. To date, staff has reviewed two street lighting
options for the ST1238 Academy Street Improvements Project.
Option A is based upon the Town purchasing our own LED street
lighting fixtures and Option B assumes that the Town would lease
LED street lighting fixtures from Duke Energy Progress (DEP).
Staff recommends Council approve Option B, leasing street lighting
fixtures from DEP for the Academy Street Improvements Project.
Proposed Council Action: Council may take action
Speaker: Kyle Hubert
Background: During 2013, Council approved changing the Town’s standard street lighting
fixture to LED and implementing a project with DEP to replace all Town leased street lighting
fixtures with LED replacement fixtures. DEP continues to expand LED street lighting options
available and is working out details with the Utilities Commission to have the rate approved for a
decorative LED street light fixture similar in appearance to our current downtown decorative
fixture by the end of this year.
Discussion: To date staff has reviewed two street lighting options for the Academy Street
Improvements Project. Option A includes the Town purchasing our own LED street lighting
fixtures and Option B includes the Town leasing LED street lighting fixtures from DEP as we
currently do. In addition, Option A provides more flexibility in street lighting specifications and
programming while Option B provides lower installation costs and DEP maintaining the street
lights. Both options have been designed to provide the recommended minimum average
maintained foot candles of 0.7 and a maximum uniformity ratio (average/minimum) of 6:1 as
October 30, 2014
Minute Book #180, Minute Book Page #99
recommended by AASHTO for a local street with both residential and commercial properties.
During the September 22, 2014 Work Session, Staff presented an estimated 10-year breakeven
point for leased street lighting compared with Town purchased street lighting. This was
calculated by dividing the $6,500 initial purchase and installation of a single Town owned fixture
by the $45 monthly cost for leasing a single fixture from DEP. The cost analysis below shows a
longer breakeven point based on the actual street lighting design for both options and fewer
fixtures being required for the Option B street lighting design.
The chart below includes a comparison of both options with additional detail below the chart:
Approximate Installation
Costs
Approximate Annual Costs
Maintenance and
Replacement Responsibility
Street Light Life Expectancy
Initial Lumens per Fixture
(light output)
Lighting Distribution
Average Maintained
Luminance
@ 4000K (Foot Candles)
Roadway Uniformity Ratio
(Average / Minimum)
Color Temperature in Kelvin
(K)
Option A (Purchase
Option B (Lease)
$567,500 for 85 street lights
including 20A power receptacles
integrated into the base of half
the street light poles and
associated infrastructure.
$6,500 (includes cost of
electricity but does not include
maintenance or replacement
costs)
$40,000 for eight 50A
pedestal power receptacles
and associated infrastructure
supporting 49 street lights.
Town
(Approximate Fixture Cost:
$2,000) (Approximate Pole Cost:
$1000)
Fixture: 15 years
Pole:
30 years
3,100
$25,000 (based upon annual
electricity costs and
maintenance and
replacement per DEP lease
agreement
DEP
Fixture: 15 years
Pole:
30 years
5,675
Type V with Controlled
Downward Distribution
Roadway = 1.0fc
Type V with Controlled
Downward Distribution
Roadway = 0.9fc
Roadway = 1.9:1fc
Roadway = 2.5:1
4000K
(Also available in 3000K)
4000K
(Not available in 3000K)
Fixture Quantity and Light Output: The quantity of fixtures varies between Option A and B is
mostly due to the difference in light output (Lumens). Option A includes 3,100 lumens and Option
B includes 5,675 lumens. Staff recommends Option B because it requires fewer fixtures while
meeting recommended lighting requirements.
Color Temperature: The Color Temperature specified for both Option A and Option B are
4000K. The lower color temperatures are warmer but less efficient and the higher color
temperatures are cooler with improved color rendering and efficiency. The 4000K specified
provides a good balance of warmness and efficiency and can be compared with other color
temperatures in the graph below. For reference, high pressure sodium light fixtures are around
3000K and metal halide fixtures are around 4000K.
Festival Coordination: Previous discussions with Option A included placing 20A receptacles in
the base of every other streetlight pole. Through working with PRCR and Events staff, it was
determined that more flexibility for festivals could be provided with 50A receptacles in fewer
October 30, 2014
Minute Book #180, Minute Book Page #100
locations. 50A receptacles can be located in the base of streetlight poles with Option A. Under
Option B, DEP prohibits the use of receptacles mounted low on their poles (they do allow holiday
receptacles mounted high on their poles). However, the 50A receptacles can be provided in
black pedestals approximately 18” above the sidewalk. These pedestals locations have been
coordinated with PRCR staff and proposed to be located near black metal benches to help mask
their appearance.
Simple Cost Analysis: Option A is estimated to cost $527,500 ($567,500 – $40,000) more to
implement than Option B due to the upfront cost of purchasing the fixtures and associated
infrastructure installation. Option A is estimated to cost $18,500 ($25,000 –$6,500) less in annual
street light billing costs compared to Option B but does not address maintenance and
replacement needs. Based on the differences in implementation costs and annual street light
billing costs, it would take approximately 25 years for the annual savings of Option A to equal the
upfront cost of implementing Option B. This cost analysis does not take into consideration any
maintenance or replacement costs that the Town would incur under Option A
Fiscal Impact: Operating: Currently, the Town leases the street lighting fixtures along Academy
Street at an annual cost of $5,600. Option A will result in an estimated annual cost of $6,500 and
Option B will result in an estimated annual cost of $25,000 for the operation of decorative light
fixtures along Academy Street. Funding: A total of $8,000,000 has been appropriated to the
ST1238 DT – Streetscape Improvements along Academy and Dry project for streetscape work
including the installation of decorative light fixtures. Expenditures/encumbrances to date total
$1,064,697 leaving an available balance of $6,935,303. The estimated installation cost of Option
A is $567,500, while the estimated installation cost of Option B is $40,000.
Staff Recommendation: Staff recommends Council approve Option B which involves the
installation of leased Duke Energy Progress street lighting fixtures for the Academy Street
Improvements Project.
Hubert presented the staff report.
Based on question by Council on the number of black electric boxes, Hubert
stated there would be 11 on Academy Street. Clarified the black electric boxes
would be linked to a panel board. Life expectancy of the LED fixture is 15 to 20
years and the poles are twice that.
ACTION:
Motion: Frantz moved to approve staff recommendations.
Second: Yerha
Vote: Unanimous
_________________________
6.7
Council Initiated Request: Review of Noise Ordinance
Consideration to request staff to review and clarify the noise
ordinance for the hours of operation, noise measurement, and
noise duration for golf courses.
Proposed Council Action: Council may support or deny the request
Speakers: Mayor Weinbrecht and Council Member Frantz
October 30, 2014
Minute Book #180, Minute Book Page #101
From: Don Frantz [mailto:frantzautomotive@hotmail.com]
Sent: Tuesday, October 14, 2014 12:03 PM
To: Harold Weinbrecht; Town Council
Cc: Ben Shivar; Mike Bajorek; Sherry Scoggins
Subject: RE: PINK SLIP: Noise Ordinance on Golf Courses
I'm cool with it - I'll second your request, Chief.
Don Frantz
Cary Town Council
District B
919-612-6870
don.frantz@townofcary.org
From: Harold.Weinbrecht@townofcary.org
To: Town.Council@townofcary.org
CC: Ben.Shivar@townofcary.org; Mike.Bajorek@townofcary.org;
Sherry.Scoggins@townofcary.org
Subject: PINK SLIP: Noise Ordinance on Golf Courses
Date: Tue, 14 Oct 2014 14:58:25 +0000
Council,
Our noise ordinance currently allows hours of operation starting at 7 AM. There is an exception
for golf courses starting a 6 AM. That exception allows golf courses to maintain "greens". Some
people interpret that to mean putting greens and some people, including the US Golf Association,
believe that means any area of play (tee to green). In addition, the noise measurement is for 60
decibels. Some believe that is over a 60 second period and some believe that is a single reading.
I have been approached by the club managers of MacGregor, Prestonwood, and Lochmere to
clarify the ordinance. Their preference would be to have the ordinance clarified to state that
maintenance on the course would begin at 6 AM and that sound is measured over 60 seconds.
They go on to say that without this they would have to delay tee times which would significantly
delay play and ultimately impact revenue.
I would like to pink slip this item and ask staff to review the noise ordinance for this issue and
come back with recommendations.
I will need a second to pink slip this for our October 30th meeting.
Thanks,
Harold Weinbrecht
Mayor
Town of Cary
PO Box 8005
Cary, North Carolina 27512-8005
919-469-4011
harold.weinbrecht@townofcary.org
"In executing the duties of my present important station, I can promise nothing but purity of
intentions, and, in carrying these into effect, fidelity, and diligence." - George Washington
Please note that e-mail sent to and from this address is subject to the North Carolina Public
Records Law and may be disclosed to third parties including the media.
October 30, 2014
Minute Book #180, Minute Book Page #102
Weinbrecht received a request from the area golf courses - MacGregor Downs,
Prestonwood and Lochmere – to review our Town noise ordinance. The noise
ordinance has an exception for golf courses between April and September to
maintain greens starting at 6 AM rather than 7 AM. The request is to define
greens and clarify the decibel readings. Recommends staff come back with
options defining greens and reading of decibels, hold a public hearing for citizen
input and then Council make a decision.
Frantz supports a review of the noise ordinance.
Smith agrees with reviewing the noise ordinance and with finding a way to
balance the needs of the citizens and the golf course management.
Godwin stated the ordinance as written has worked from an enforcement
standpoint for many years. Defining greens and how to measure the decibels
would address the issues the police department is receiving.
ACTION:
Motion: Weinbrecht moved to direct staff to come back with a clarification
of the existing ordinance in forms of options so that the public and Council
can weigh in on it on how to clarify this noise ordinance exception for golf
courses.
Second: Frantz
Vote: Unanimous
_________________________
7.
CLOSED SESSION
No closed session was held.
_________________________
8.
ADJOURNMENT
ACTION:
Motion: Bush moved to adjourn at 9:46 PM.
Second: Frantz
Vote: Unanimous
October 30, 2014
Minute Book #180, Minute Book Page #103