garner town council agenda, dec. 12, 2010

8/8/2019 Garner Town Council Agenda, Dec. 12, 2010

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Town of Garner

Town Council

December 21, 2010

The Garner Town Council will meet in regular session at 7:00 P.M.

on Tuesday, December 21, 2010 in the Town Council Meeting Room

Dinner will be served for Town Officials in the conference room at 6:15 pm

A CALL MEETING TO ORDER

B PLEDGE OF ALLEGIANCE Council Member Kennedy

C INVOCATION Council Member Kennedy

D ADOPTION OF AGENDA

E PRESENTATIONS

Recognition of Arnold Aiken, Town of Garners First Town Manager

F PETITIONS AND COMMENTS

This portion of the meeting is to receive comments from the

public on items not included in this agenda. Citizens should

sign up with the Town Clerk to speak prior to the start of the

meeting. The Council is interested in hearing your concerns, but

may not take action or deliberate on subject matter brought up

during the Petitions and Comments segment. Topics requiring

further investigation will be referred to the appropriate Townofficials or staff and may be scheduled for a future agenda.

G CONSENT

All items on the Consent Agenda are considered routine, to be

enacted by one motion with the adoption of the agenda and without

discussion. If a member of the governing body requests

discussion of an item, the item will be removed from the Consent

Agenda and considered separately.

1. Minutes from November 16, 2010 and November 30, 2010Action: Approval of Minutes

2. Wake County Tax Report, October 2010The Wake County Board of Commissioners has approved non-cash

rebates in the amount of $76,404.39 for taxes from 2004 to 2008.

These actions occurred in the period from October 1, 2010 to

October 31, 2010 and are presented for approval.

Action: Approval of Tax Releases

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3. Request to hold Public Hearing Inverness Subdivision (SUP-SB-10-01)

Inverness Subdivision, a 19.8 acre tract of land to be

located on the west side of Creech Road north of Creech

Road Elementary School was approved in August 2005. A new

owner purchased the property in 2007 and subsequently was

granted all construction plan approvals after the special

use permit had expired. The Town Attorney has concluded

that the best course of action would be for the project togo back through the special use permit review process

including a public hearing and notice to adjacent property

owners. In light of these circumstances, the project

engineer has requested an accelerated review process that

would set a public hearing date for January 18, 2011.

Action: Set Public Hearing

H OLD/NEW BUSINESS

1. UDO Text Amendment UDO-10-04 Regarding Procedures forReasonable AccommodationPresenter: Brad Bass, Planning Director

This amendment to the Unified Development Ordinance (UDO)

proposes changes to Section 3.17 regarding Special

Exceptions. The enclosed staff report provides details of

the proposed changes.

Action: Adopt Ordinance No. (2010) 3605

I COMMITTEE REPORTS

J MANAGER REPORTS

1. Star Tracker2. Financial Report as of November 30, 20103. Invested Funds4. Planning Commission Summary

K ATTORNEY REPORTS

L COUNCIL REPORTS

M ADJOURNMENT

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November 16, 2010

Town of GarnerTown Council MinutesNovember 16, 2010

The Garner Town Council met in regular session at 7:00 P.M. on Tuesday,

November 16, 2010 in the Town Council Meeting Room

CALL MEETING TO ORDER

PLEDGE OF ALLEGIANCE Mayor Pro Tem Behringer

INVOCATION Mayor Pro Tem Behringer

ADOPTION OF AGENDA As Presented

Motion By: Johns

Second: SingletonVote: Unanimous

PRESENTATIONS

2010 Visual Image Program Awards

Presenters: Elmo Vance, Planning Commission ChairMayor Ronnie Williams

Biscuitville received an Award for Existing Development

Golden State Foods received an Award for Industrial Development

United Methodist Conference received an Award for New Development

PETITIONS AND COMMENTS

Roland Beauchaine, 502 Easy Wind Lane, Village of Aversboro. Mr. Beauchaine

read a letter that he sent to the News and Observer opposing the proposed Red

Route of the 540 Expressway. He encouraged the Town to aggressively fight

this option and consider immediate legal action. He said he felt a lawsuitdemanding the option be removed from consideration as well as compensation

for damages already caused are appropriate. He commended the Town staff on

the documentary posted today.

Larry Whitaker, 109 Brittmore Court, Garner, NC. Mr. Whitaker expressed

concerns regarding the increased deer population in the Brittmore subdivision.

Last week he saw five in his yard of all sizes; his neighbors have the same

problem. The property backs up to Rand Road Elementary School and there is

about 100 yards of property all the way back to Honorable Court. The deer have

made paths and their home in these woods. He is concerned about the deer

population and said he feels they need to be thinned out. The other week one

had been hit on Rand Road and was on the shoulder. Last night on the way to a

neighbors house there was one running down the street. He has problems with

them eating his shrubs. He thanked the Council for their time.

Action: The Council referred this matter to the Law and Finance Committee

CONSENT

Minutes from October 26, 2010

Motion: Minutes Adopted

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November 16, 2010

Wake County Tax Report, September 2010

The Wake County Board of Commissioners has approved non-cash rebates in the amount

of $6,022.24 for taxes from 2004 to 2008. These actions occurred in the period

from September 1, 2010 to September 30, 2010 and are presented for approval.

Motion: Tax Releases Adopted

Ordinance Amending Fees for Solid Waste

This Ordinance amends the fees for the Towns solid waste and recycling

services by 4% effective October 1, 2010 in accordance with the contract.

The enclosed staff reports details the basis for the increase.

Motion: Adoption of Ordinance No. (2010) 3601

Resolution of Intent to Acquire an Easement for Construction of a Storm Water

Control Device

The Town Council approved the conversion of a retention pond on property owned

by YANAGI, LLC, known as Bryan Woods Apartments. This Resolution authorizes

the Town Attorney to acquire a sewer easement valued at $5,000.

Motion: Adoption of Resolution No. (2010) 2078

Set Public Hearing on Unified Development Ordinance Regarding Fair Housing Act

Staff requests a public hearing be set on December 6, 2010 to receive public

input on a proposed amendment to the Unified Development Ordinance (UDO). The

amendment proposes changes to Section 3.17 regarding Special Exceptions.

Motion: Set Public Hearing for December 6, 2010

Motion By: Johns

Second: Singleton

Vote: Unanimous

END OF CONSENT

PUBLIC HEARINGS

Public Hearing to Consider Whether to Opt Out of the Permit Extension Act of2010

Presenter: Brad Bass, Planning Director

The 2009 Permit Extension Act was amended in 2010 by extending the suspended

time period for major development for one additional year. As allowed by the

2010 bill, a resolution may be adopted stating the one year extension and

related amendments in the 2010 Permit Extension Act does not apply to any Town

of Garner development approvals issued prior to December 31, 2010.

Mayor Williams opened the public hearing.

Mr. Bass reported in September 2009 staff presented to the Council that the

North Carolina General Assembly had adopted the Permit Extension Act of 2009

and advised Council of how that law impacted the permit approvals issued by

the Town of Garner. The original 2009 Act provided that the running of any

time period for an approved permit was suspended for the three (3) year time

period between January 2008 and through December 2010.

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November 16, 2010

At the October 26, 2010 Work Session staff advised Council that in August

2010 the General Assembly passed a bill that amended the 2009 Permit

Extension Act. The 2010 amendment simply extended the suspended time period

until December 2011 (a one year extension). The 2010 amendment grants an

additional year of time suspension which results in a permit time period of

up to 6 years. The bill also gave local governments the option to opt out of

the additional time extension. In order for a local unit of government to

opt out it must adopt a resolution prior to December 31, 2010 stating the

one-year extension and related amendments in the 2010 Act does not apply to

any development approvals issued by that unit of government. Individuals

associated with approved unexpired development permits (subdivision and site

plans) have been notified of this situation.

1) Fifteen approved CUP/SUP Site Plans where no building permits have been

issued as of this date.

3 approved in 2006 1 approved in 2009


6 approved in 2008

2) Fivesubdivisions approvals where there has been no construction.


1 approved in 2007

3) Four staff approved site plans where no building permits have issued

and three (3) pending (meaning plans submitted approvals not granted as

of this date).

1 approved in 2006

1 approved in 2007

2 approved in 2010

Staff estimates that roughly one-third (8) of 24 affected projects most

likely will not be developed. Most of the remaining projects are fairly

small scale with exception of the Jameson Place Subdivision (70 lots) and 2

office/warehouse projects in Greenfield North Business Park. Staff does not

see any projects on the list that would pose any significant concerns to us

(i.e. traffic impacts, community appearance, impacts on neighborhoods).

The basic question before Council is whether to opt out of the 2010 permit

time extension. After conducting the public hearing and receiving public

comments, Council will need to consider adoption of a resolution to opt out

of the 2010 Permit Extension Act. In order to opt out Council action must be

taken before December 31, 2010.

Tim Minton, Executive Vice President of the Home Builders Association of Wake

County and Raleigh urged the Council to not take action on the resolution. Hecommended the Planning Director and said his staff report was very comprehensive

and gave all of the projects in the area. He said the City of Raleigh chose to

take no action. The housing market is suffering now and to extend the deadline

will help members of the market get back on their feet.

Steve Smith, owner of White Oak Business Park, said he has a couple of

approved site plans and encouraged the Council to keep them open and

available; it helps to catch peoples interest when a permit is pre-approved.

Hearing no further comments; Mayor Williams closed the public hearing.

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November 16, 2010

Council Member Buck Kennedy said he feels opting out adds to economic issues

and suggested the Council take no action.

Council Member Singleton said his only concern was that this will cause us to

tie up sewer capacity. He has received a number of e-mails not to opt out.

Action: No Action Taken

OLD/NEW BUSINESS

Discussion of the Undertaking a School Traffic Circulation Study for the High

School and two Middle Schools


During adoption of the 2010 Transportation Plan, a request was made for

further analysis of the traffic and pedestrian circulation patterns and

necessary improvements that may be needed for the high school and two middle

schools. Because this additional study is out of the scope of the

Transportation Plan Project, an additional cost of $7,988 will be needed for

the $12,988 estimated cost of the contract. The Town Council adopted the new

2010 Garner Transportation Plan on October 4, 2010. During the course of

discussion regarding the Plan, Council Member Singleton expressed a desire to

have more study of the traffic and pedestrian circulation patterns and the

improvements that may be needed for the high school and the two middle schools

in Garner. This particular study is outside of the scope of the

Transportation Plan Project; therefore, if Council is interested in moving

forward on this matter it will need to formally authorize the study to be

undertaken and provide funding for it.

Scott Lane, our transportation plan consultant, has prepared a scope of work

regarding a School Traffic Circulation Study. The study will provide planning

level concepts for potential loading/unloading pattern changes, pavement

markings; signage; driveway configurations; parking facilities and related

issues for the Towns high school and two middle schools. The work product

will be a technical memorandum highlighting current conditions andrecommended actions needed to improve those conditions at each school. The

fee estimate provided by Mr. Lane to accomplish this task is $12,988.

Once the Transportation Plan Project is closed out we should have

approximately $5,000 of unused funding that could be applied to the new

study. The only remaining task with the Transportation Plan is the production

of an Executive Summary Poster. In order to complete the new study an

additional $7,988 must be authorized by the Town Council through a budget

amendment. Mr. Bass reported that he has not received a response to his

contact with WCPSS Facilities Design and Construction staff to see if they

would consider providing some funding assistance for the study.

If Council wishes to move forward on the School Traffic Circulation Study at

this time it will need to authorize the Town Manager to enter into a contact

with Stantec Consulting Services, Inc. in the amount of $12,988.

Additionally, a budget amendment will need to be placed on the next Council

agenda to complete the funding for the study.

Council Member Singleton said he is familiar with the traffic situation at

both schools. He did not feel we should make sidewalk improvements until we

know if road improvements are required. Both schools are at capacity.

Action: Authorized Contract with Stantec Consulting for $12,988

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November 16, 2010

Motion By: Singleton

Second: Johns

Vote: Unanimous

Nominations for Members to the Garner Revitalization Association Board of

Directors

Presenter: Council Member Singleton

The Human Resources Committee, the Downtown Development Director and the

Garner Revitalization Association Board of Directors Chair met on November

1, 2010 and reviewed applications to fill two vacancies. The Committee

unanimously agreed to recommend Sherry Mitchell and John Lancaster.

Applications are included in the agenda.

Action: Nominated Sherry Mitchell and John Lancaster to Garner

Revitalization Association Board of Directors


Second: Johns

Vote: Unanimous

Resolution Adopting the Town Council Ethics Policy

Presenter: Bill Anderson, Town Attorney

Legislation adopted in 2009 requires local governing boards to adopt a

resolution or policy that contains a code of ethics to guide actions by the

governing board members in the performance of their official duties. Action

adopting a code of ethics must be taken by January 1, 2011.

Motion: Adoption of Resolution No. (2010) 2080

Motion By: Kennedy

Second: Singleton

Vote: Unanimous

Sale of 2007 Spartan Heavy Rescue Truck Squad #881

Presenter: Rodney Dickerson, Assistant Town Manager

On November 10, 2010, the Town received nine bids for the 2007 Spartan Heavy

Rescue Truck (Garner Rescue Truck #881). The highest bid was from Pumpkin

Center VFD in the amount of $335,000.

Council Member Kennedy asked how much is remaining on the pay-off. Mr.

Dickerson said the Town is getting $335,000 for the truck. The Town has made

one $1,300 payment that was overdue; the pay-off as of Thursday is just under

$317,000. Any overage will be put into the Towns contingency fund.

Motion: Award Bid to Pumpkin Center VFD in the amount of $335,000

By: Kennedy

Second: Singleton

Vote: Unanimous

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November 16, 2010

Petitions and Comments (continued)

In response to Mr. Beauchaine, there is a meeting scheduled tomorrow at the

Garner Historic Auditorium regarding the proposed red route of the 540

Triangle Expressway.

In response to Mr. Whitakers comments regarding the deer population, Council

Member Singleton said there is a deer problem all over the community; when he

rides home any night he will see half a dozen deer. It is hard to look at

thinning them out, this will require permission from the Wake County. Hesaid that last year, the Law and Finance Committee looked at bow hunting in

the Town limits, but there was a concern with safety. He suggested animal

control contact the Wildlife Commission for assistance. The problem will not

go away unless we thin them which is to kill them. We have already had

these discussions, but we may need to revisit the issue.

Council Member Johns said he actually saw two deer on Main Street, they are

all over the country.

Council Member Kennedy said they are an aggravation in trying to have halfway

decent yard. He said he did not know the answer, but did not mind asking it

to be put back on the table to see if something has happened to help the

cause. Mayor Pro Tem Behringer said she would like to see them pursue this

as well and have some research done to see if there is anything we can do.

Action: The Council referred the matter back to the Law and Finance

Committee and asked staff to keep in contact with Mr. Whitaker on

any meetings or updates.

COMMITTEE REPORTS

MANAGER REPORTS

1. Star Tracker2. Building Permit Summary3. Personnel Action October4. Revenues and Expenses5. Invested FundsATTORNEY REPORTS

Mr. Anderson reported that a Claim of Lien for tall grass at 1302 Park Avenue

and 128 Key Biscayne Court has been filed. There is a matter regarding junk

vehicles on Northview Street where a restraining order was filed several

years ago; they will appear in Superior Court on November 29 to show why they

should not be held in contempt of Court. Regarding Bainbridge assessments,

the Aikens will be making payments.

COUNCIL REPORTS

Mayor Pro Tem Behringer

She announced the Womans Club Christmas Tour on December 5. Theevent raises money for Garner Magnet Senior High Scholarships.

Council Member Johns

He reported that there appears to be too may dogs at 215 GriffinStreet, possibly 9 or 10.

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November 16, 2010

Council Member Singleton

He asked the status of the research on whether or not the line item forthe Station 3 building was paid more than one and the status of the EMS

audits. Mr. Watkins said John Stephenson with the Wake County

Auditors office has been authorized to assist staff with both of those

matters.

He asked for a final copy of the 2010 Fire Department audit, his was apreliminary draft. He requested someone from the audit firm attend anupcoming meeting to see what the issues are and what has been done to

make changes.

He asked if we have prepared for the overflow crowd anticipatedtomorrow night at the 540 meeting.

Council Member Kennedy

He asked that the Statement of Expenditures included in thisagenda be placed on the agenda for the November 30 work session.

Closed Session pursuant to N.C.G.S. 143-318.11 (a) (3)to consult with

Counsel regarding Edge of Auburn et al v. Town of Garner et al, Wake County

Superior Court; Case #07-CVS-020636.


Second: Johns

Vote: Unanimous

ADJOURNMENT: 10:00 PM

Respectfully Submitted

Judy Bass, Town Clerk

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November 30, 2010

Town of Garner

Town Council Work Session Minutes

November 30, 2010 - 6:00 P.M.

The Garner Town Council met in a Work Session at 6:00 p.m. on Tuesday,

November 30, 2010 in the Town Hall Council Meeting Room to discuss the

following:

Attending: Mayor Williams, Mayor Pro Tem Behringer, Council Members

Marshburn, Johns, Singleton and Kennedy

STAFF MEMBERS PRESENT: Hardin Watkins, Town Manager; Rodney Dickerson,

Assistant Town Manager; Bill Anderson, Town Attorney; Frank Powell, Town

Engineer; Brad Bass, Planning Director; Lin Jones, Finance Director; Sonya

Shaw, Parks & Recreation Director and Tony Beasley, Economic Development

Director

CALL MEETING TO ORDERat 6:05 P.M.

PLEDGE OF ALLEGIANCE Mayor Williams

INVOCATION Council Member Johns

DISCUSSION

Fire Department Bi-Monthly Update

Presenter: Matthew Poole, Fire Chief

Fire Chief Poole provided a power point presentation to Town Council which

showed the following:

Upcoming Events Board Structure Monthly Call Volume Station 4 Update Engine Replacement Schedule Status on Engine Four Maintenance History

Chief Poole introduced Fire Chief Frank Woods of the Hopkins Rural Fire

Department, Inc. Wake County Station 22. He explained how the engine

replacement schedule works.

Chief Poole explained the biggest necessity is to replace engine four.

Action: Fire Department Audit Review set for January 18, 2011 agenda

Peacock Pond BMP, Feasibility Report

Presenters: Frank Powell, Town Engineer

Doug Jewell, PE of Jewell Engineering Consultants

The Engineering Department has been investigating the possibility of using

the Peacock Pond located between NC 50 and Rand Mill Road, as a water

quality treatment best management practice (BMP). Initially the intent was

to potentially use this pond as a BMP for the regional Stormwater Retrofit

Program.

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November 30, 2010

Later there was interest in using this pond as a stormwater BMP for the

proposed downtown redevelopment. It was determined early on that there

might be some state and federal regulatory issues that could affect the

conversion of the pond into a water quality BMP. As such Jewell

Engineering was engaged to assist the Town with this effort. This effort

has been going on for several years and has involved numerous meetings and

conversations with DWQ and Army Corp of Engineers representatives. After

much investigation and discussion with the regulatory agencies it appears

that it will not be feasible to convert the Peacock Pond into a water

quality BMP.

Mr. Doug Jewell provided a power point presentation to Town Council which

showed the following:

Location of the Peacock Pond site Desired Uses Site Opportunities Site Challenges Regulatory Stumbling Blocks Potential Development Scenario Development Considerations

Action: Update Received

Proposed Sign Ordinance Change


The Planning Staff briefed the Town Council at their October work session

regarding complaints they have received regarding signs. The majority of

the concerns involved off-premise signs advertising residential

subdivisions and on-site signs advertising large construction projects.

Town Council directed staff to develop possible amendments to the UDO sign

regulations for further review and discussion.

Action: Set public hearing for January 3, 2011 on December 6, 2010

agenda

Review Statement of Expenditures for First Quarter

Presenter: Lin Jones, Finance Director


Fiscal Policy Guidelines


During their preparation of the Towns debt capacity study, Davenport &

Company stressed the importance of adopting fiscal policy guidelines.These guidelines will influence and guide the financial management

practice of the Town. Adhering to these policies is recognized as the

cornerstone of sound financial management. During conversations with the

bond rating agencies they also stressed the need for adopting fiscal

guidelines. They also inquired about the Towns policy and if it had been

adopted by the governing body.

Action: Place Fiscal Policy Guidelines on December 6, 2011 agenda for

adoption consideration

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November 30, 2010

Proposed Changes to Town Charter Giving Mayor the Right to Vote

Presenter: Ronnie S. Williams, Mayor


Proposed Changes for Street Lights to LED Lighting

Presenter: Ronnie S. Williams, Mayor

Action: Set for January 25, 2011 work session

REPORTS

Hardin Watkins reported the Habitat for Humanity home on Johnson Street is

under construction.

Action: Write a letter of support

Garner Historic Auditorium Focus Group Update

Presenter: Sonya Shaw, Parks & Recreation Director

Garner Parks and Recreation Department staff hosted several focus group

meetings, during the month of October 2010, in an effort to gather public

input concerning the future direction of Garner Historic Auditorium. Focus

groups included local citizens, auditorium event attendees, event

promoters, auditorium renters and user groups, programming partners,

downtown revitalization association, theater managers, consultants, and

the Parks and Recreation Advisory Committee.

Additional focus groups will be conducted to include more business owners,

seniors living at Old School Commons and local arts, music and drama

teachers in Garner area schools. These will be conducted in early

December 2010.

Background information on Garner Historic Auditorium was shared with each

focus group detailing the current Auditorium budget, staffing, and events,along with recent research gathered on area theatres.

As a result of focus group discussions, future recommendations were made

for moving programming forward at Garner Historic Auditorium. These

recommendations will hopefully establish the foundation for successful

programming.

Focus Group Attendees:

Dana Stephenson; Helen Phillips; Lillie Sanders;

Tim Stevens; Cheryl Ward; Tammy Kennedy; Doris Allen; Shaffy Booth; James

Booth; Lisa Stanley; Tom Browne; Martha Browne; Aleisha Sanyika; Harold

Garner; Mark Hensley; Evan Barnette; John Norris; Scott Honeycutt; Beth

Honeycutt; Frances Stanley; Wren Peele; Stephen Whetle; Marti Hall; Sarah

Preston; Cary P&R; Noelle Scott; Sara Heiser; Cabarras County Arts Council& Davis Theater; Stephen Barefoot; Thalian Hall, Wilmington; Jamie Katz,

PineCone; Renee Anderson, Halle Cultural Arts Center; Ray Jordan, Sampson

County Agri-Expo Center; Heidi Stump, The Clayton Center; John Hodges; Tom

Giroux; Eleanor Oakley and Ginny Zehr of United Arts Council of

Raleigh/Wake; Lyman Collins, Town of Cary; Neal Padgett; Faye Gardner;

Carol Schriber; Amaka Flynn; Derek Nunn; Rochester White; Nathan Cottrell;

Jack Mixell; Kim Cattani; Gra Singleton; Cherry Gay and Sonya Shaw


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November 30, 2010

Ms. Shaw informed the Town Council a concert is planned at the Historic

Auditorium on New Years Eve that will run until 12:15 A.M. This will

require authorization of the Town Council to waive Section 4.5 of the Town

Special Events Policy which requires sound systems to conclude by 11:00

P.M. and waive Section 11-15 of the Garner Town Code that prohibits sound

systems after 10:00 P.M.

Action: Set for December 6, 2010 agenda

Waive Special Events Policy Requirements and Noise Requirements of

Section 11-15 of the Town Code

ConAgra Redevelopment Initiative Update

Presenter: Tony Beasley, Economic Development Director

Mr. Beasley reported to Town Council on the progress and upcoming tasks

for the Con Agra site.

Since the last update on October 26, 2010, three groups have toured thefacilities and grounds for evaluation of its potential reuse and/or

obstacles to reuse.

Progress

Withers & Ravenel (based on our contract through Wake County EconomicDevelopment on the wetlands, historical, environmental and land-use

study determining the restricted and developmental areas available on

site) have completed surveying of streams and wetlands and will be

applying to the Army Corps of Engineering and NC DENR for

Jurisdictional Determination with a five-year expiration date.

Attorney Bill Anderson has been continuing his research regarding theformation of a Development Corporation.

Continuing to work with ConAgra on MOU with Attorney Bill Anderson. Beginning to meet with other food manufacturers to discuss options for

the facility and their views on the meat production market as

background information for our evaluation group.

The Remedial Investigation Work Plan (RIWP) has been submitted to theNC DENR and work has begun.

Continuing to work with ConAgra officials and Withers & Ravenel to gainaccess agreements for monitoring wells as part of the RIWP.

Complete tours for remaining Council Members and Mayor.Upcoming Tasks

Meet with Bill Bullock from the NC Center for Bio-Technology to discusshis analysis of the plant and the infrastructure on site and its

potential demand in the Bio-Pharm areas.

Continue meeting with Council liaisons (Jackie Johns and Ken Marshburn)to keep them briefed on developments and information as it is gathered.

Complete action plan that encompasses the Towns short-term goals andlays groundwork for developing medium- and long-range development

goals.

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November 30, 2010

RIWP should be completed by the spring of 2011 and the RemedialInvestigation Report (RIR) will be completed, at which time ConAgra

will develop a Remedial Action Plan (RAP) to be approved by the State

in the summer of 2011.


Economic Downturn Update



Mayor Williams reminded Town Council of the upcoming events:

Ribbon Cutting for Fire Station 4, Dec 1 at 1:00pm Light Up Main, Dec 3 from 6:00-8:00pm Christmas Parade, Dec 4 at 10:00am Broadway Voices at Auditorium, Dec 5 at 8:00pm Raleigh Concert Band at Auditorium, Dec 5 at 8:00pm Tour of Homes, Dec 5 from 1:00-5:00pm

There being no further business the meeting was adjourned.

Adjournment: 10:18 PM

Motion By: Marshburn

Second: Singleton

Vote: Unanimous

Respectfully Submitted

Catherine Reynolds, Deputy Town Clerk

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1

MEMORANDUM

TO: Hardin WatkinsTown Manager

FROM: Brad Bass, AICPDirector of Planning

DATE: December 15, 2010

SUBJECT: Request for Public Hearing DateInverness Subdivision

Background

Inverness Subdivision (SUP-SB-05-02) was approved by the Town Garner in August 2005.The proposed subdivision is located on the west side of Creech Road north of Creech RoadElementary School. The 19.8 acre tract is zoned R-9 and was approved to have 43 lots.To date no work activity has commenced on the site regarding this project, so thereforeaccording to applicable provisions of the UDO Special Use Permit SUP-SB-05-02 expired inAugust 2007. A new owner purchased the property in 2007 and subsequently was grantedconstruction plan approvals for utilities, streets, site grading and storm water improvementsby the Towns Engineering Department, Raleigh and Wake County after the special usepermit had expired. The Planning Department was contacted recently by the projectengineering for a letter of compliance in order for Wake County to formally issue a soil anderosion permit for the project. At that time we discovered the special use permit hadexpired in August 2007. Staff immediately contacted the Town Attorney for an opinion

regarding whether or not, based on the actions of the various agencies involved and theexpenditures by the owner to produce detailed construction plans, the project could beconsidered vested and deemed not to have expired. After some time, including discussionwith staff at the UNC School of Government, the Town Attorney concluded that the bestcourse of action would be for the project to go back through the special use permit reviewprocess with the Town including a public hearing and notice to adjacent property owners

.

In light of these circumstances, the project engineer representing the owner has requestedthe Council for an accelerated review process that would set a public hearing date forJanuary 18, 2011 (see attached). If granted, the Planning Commission would review thematter at its January 10, 2011 meeting and Council would conduct a public hearing onJanuary 18, 2011 and act on the special use permit request at that time.

Action

Staff understands the applicant will submit the same plans that were approved in 2005. Wedo not anticipate any significant issues with the re-submittal based on the previous approval.Therefore, staff recommends Council grant the request and set a public hearing for January18, 2011 to consider the special use permit for Inverness Subdivision.

Please advise if you have questions. h:\pla-02\myfiles\inverness_ph_request.doc

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From: [email protected]

To: Brad Bass

Subject: Inverness

Date: Wednesday, December 15, 2010 9:50:57 AM

Mr. Brad Bass

Planning Director

Planning Department Town of Garner

P.O. Box 446 Garner, NC 27529

Re: Inverness Subdivision

Dear Mr. Bass,

This Subdivision was originally approved in 2005. In April of 2006, Mr. Grissom, the owner at the

time, subdivided the property into two tracts that reflected the areas of approval. Mr. Grissom started

the construction approval process. In the summer/fall of 2007 Mr. Grissom began the process of selling

the project to the new owners. They continued the construction approval process over the next year.

Just before the new owner, Mr. Coblentz, purchased in December of 2007, the preliminary expired.

Since the property had been subdivided and construction approvals were being obtained the subject did

not come up.Since his purchase in December of 2007, Mr. Coblentz has applied and paid for construction approvals

from the Town for Stormwater, Grading and Utility permits. These permits also include reviews from

Wake County, The City of Raleigh and NCDOT. Recently the issue has come up as to whether or not

the preliminary is still valid. Our construction permits will expire on January 29th if we do not begin

construction. The Town attorney and staff believe the quickest way to get on solid ground would be to

have the preliminary go back through for reapproval. This can only be done in time if the review and

approval are expedited. We request this be the case. Mr. Coblentz has spent thousands of dollars on

construction approvals and would like to see his investment preserved.

Thank you for your time and help in this matter.

Michael L. Stewart, P.E.

STEWART-PROCTOR, PLLCENGINNERING AND SURVEYING

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MEMORANDUM

TO: Hardin WatkinsTown Manager

FROM: Brad Bass, AICPDirector of Planning

DATE: December 14, 2010

SUBJECT: Unified Development Ordinance Text Amendment RegardingReasonable Accommodation under the Federal Fair Housing Act

Background

The Town Council conducted a public hearing on December 6, 2010 to review a textamendment to the Unified Development Ordinance (UDO) regarding the above notedmatter. After conducting the hearing it was referred to the Planning Commission forits review and recommendation. The Commission reviewed the text amendment attheir December 13th

meeting and recommended approval as submitted.

The proposed amendment would establish procedures for individuals seeking areasonable accommodation from the Town that is consistent with the Federal FairHousing Act. The Federal Fair Housing Act makes it unlawful for anyone ... todiscriminate against any person in the terms, conditions or privileges of sale or rental

of a dwelling, or in the provision of services or facilities in connection with suchdwelling, because of a handicap... and defines discrimination as including ...arefusal to make reasonable accommodations in rules, policies, practices or services,when such accommodations may be necessary to afford such person equalopportunities to use and enjoy a dwelling. The scope of the law extends tolandlords, rental agents, brokers and local governments

.

Summary of the Proposed Text Amendment

1. Creates a new section entitled 3.17 Special Exceptions; and2. Authorizes the Board of Adjustment to review requests for special

accommodation and grant a special exception from UDO requirementsprimarily as it relates to disabled or handicapped homes; and

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3. Requires a formal application to be filed which follows the same proceduresthat are used for variances (quasi-judicial public hearing, notice to adjacentproperty owners, sign posted on property, legal advertisement of thehearing, etc.); and

4.

Establishes the following approval criteria the Board of Adjustment must use inorder to grant a special exception:

(a) "Reasonable. An accommodation will be determined to be reasonable if itwould not undermine the legitimate purposes and effects of existing zoningregulations and the benefits that the accommodation would provide to thehandicapped, and if it will not impose significant financial and administrativeburdens upon the Town and/or constitute a substantial or fundamentalalteration of the Town's ordinance provisions); and

(b) "Necessary." An accommodation will be determined to be necessary if itwould provide direct or meaningful therapeutic amelioration of the affects of

the particular disability or handicap), and would afford handicapped ordisabled persons equal opportunity to enjoy and use housing in residentialdistricts in the Town.

Recommendation

A copy of the ordinance amending the Unified Development Ordinance is enclosedfor the Town Councils review and adoption consideration. There were no publiccomments made at the public hearing or at the Planning Commission meetingregarding the amendment. The Planning Commission, the Town Attorney and staff

believe the text amendment is necessary in order to be consistent with the FederalFair Housing Act, therefore we recommend approval of the request as submitted.

Should you have questions, please advise.

h:\shared planning files\udo amendments\2010\udo-10-04\councilmemo_12-21-10.doc

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1

ORDINANCE NO. (2010) 3605

AN ORDINANCE TO AMEND ORDINANCE NO. (2003) 3250 ENTITLED THE GARNER

UNIFIED DEVELOPMENT ORDINANCE FOR THE TOWN OF GARNER AND ITS

EXTRATERRITORIAL JURISDICTION

Section One.That a new Section 3.17, Special Exceptions be established asfollows:

3.17. Special exceptions.

A. Applicability. The Board of Adjustment is authorized to grant special exceptionsfor the special circumstances set forth in this section to allow for a reasonableaccommodation under the Federal Fair Housing Act.

B. Application. An application for a special exception under this section shall be

submitted to the Board of Adjustment by filing a copy of the application with thePlanning Director. No filing fee shall be required for such application.

C. Approval process. The procedures set forth in Section 3.15.C for variances shallapply to Staff Review and Report, Public Hearing Notice and Action of the Board ofAdjustment.

D. Approval criteria. The Board of Adjustment shall grant a special exception to anyprovision of this ordinance as a reasonable accommodation under the Federal FairHousing Act if the Board finds by the greater weight of the evidence that theproposed special exception is:

(i) "Reasonable." An accommodation will be determined to be reasonable if it wouldnot undermine the legitimate purposes and effects of existing zoning regulations andthe benefits that the accommodation would provide to the handicapped, and if it willnot impose significant financial and administrative burdens upon the Town and/orconstitute a substantial or fundamental alteration of the Town's ordinance provisions);and

(ii) "Necessary." An accommodation will be determined to be necessary if it wouldprovide direct or meaningful therapeutic amelioration of the affects of the particulardisability or handicap), and would afford handicapped or disabled persons equal

opportunity to enjoy and use housing in residential districts in the Town.

Section Two. All ordinances or portions thereof in conflict with this ordinanceare hereby repealed.

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Duly adopted this 21 st

day of December, 2010.

____________________________

Ronnie S. Williams, Mayor

ATTEST:__________________________Judy Bass, Town Clerk

APPROVED AS TO FORM:______________________________William E. Anderson, Town Attorney

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TOWN OF GARNER

MEMORANDUM

To: Hardin Watkins

Town Manager

From: Lin Jones

Finance Director

Date: December 15, 2010

Subject: Financial Report as of November 30, 2010

Attached is the Statement of Revenues and Expenditures for the period July1, 2010 throughNovember 30, 2010.

The report indicates several departments where year to date expenditures exceed 5/12ths or

41.7% of their annual budget. I have included an analysis, by division, of expenses that explain

the overages. Items that contributed to the overage were:

1. Major one time expenditures. These include equipment, insurance premiums andcontracts

2. Additional payroll. We have paid 11 of 26 payrolls. This is 42.3% of the total payrolls3. Additional salaries including benefit payout in the inspection department for employees

included in the Reduction in Force policy

4.

Contracts from the prior year. Additional monies will be budgeted for these amounts.

If you have questions please let me know.

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Over

(Under) Percentage Actual

Budget Actual Budget of Budget Prior Year

REVENUES

Ad valorem taxes 14,287,500 5,193,611 (9,093,889) 36.4% 5,432,619

Other taxes and licenses 3,867,000 789,773 (3,077,227) 20.4% 722,813Intergovernmental revenues 2,611,560 1,117,199 (1,494,361) 42.8% 1,089,148

Permits and fees 838,500 379,916 (458,584) 45.3% 402,060

Sales and services 328,200 155,858 (172,342) 47.5% 143,142

Investment earnings 27,000 9,800 (17,200) 36.3% 16,859

Other revenues 205,121 137,818 (67,303) 67.2% 132,951

Sale of capital assets 342,500 335,000 (7,500) 97.8% 29,004

Proceeds from issuance of debt 380,892 324,891 (56,001) 85.3% 0

Transfers in 251,000 0 (251,000) 0.0% 0

Appropriated fund balance 16,000 0 (16,000) 0.0% 0

Total Revenues 23,155,273 8,443,866 (14,711,407) 36.5% 7,968,596

EXPENDITURES

Governing body 686,932 559,645 (127,287) 81.5% 170,814

Administration 1,433,470 590,927 (842,543) 41.2% 647,220

Finance 812,070 373,034 (439,036) 45.9% 342,700

Economic development 370,296 144,967 (225,329) 39.1% 142,048

Economic incentives 158,500 0 (158,500) 0.0% 0

Planning 640,844 276,813 (364,031) 43.2% 339,900

Inspections 744,734 344,570 (400,164) 46.3% 333,391

Engineering 504,188 282,729 (221,459) 56.1% 198,012

Information Technology 966,031 340,989 (625,042) 35.3% 284,842

Police 6,675,427 2,854,238 (3,821,189) 42.8% 2,804,066

Fire services 1,395,000 601,978 (793,022) 43.2% 268,633

Rescue services 135,285 67,643 (67,642) 50.0% 135,143

Public works 5,377,408 2,128,068 (3,249,340) 39.6% 2,644,459

Parks and recreation 1,694,968 665,734 (1,029,234) 39.3% 654,798Debt service 1,213,990 385,877 (828,113) 31.8% 80,053

Transfers out 0 0 0 0.0% 0

Contingency 346,130 0 (346,130) 0.0% 0

Total expenditures 23,155,273 9,617,212 (13,538,061) 41.5% 9,046,079

Revenues over Expenditures 0 (1,173,346) (1,173,346) (1,077,483)

Highlighted Differences

Administration expenditures include one time payment for workers compensation.

Finance expenditures include one time payments for contract services

Planning expenditures include expenses related to Garner Road Overlay of $70,900

Inspections expenditures include payments for employees included in the Reduction in Force policy

Engineering expenses include payments for the Highway 50 sewer system of $79,100.

Town of Garner

Statement of Revenues and Expenditures

For the Period July 1, 2010 Through November 30, 2010

FOR INTERNAL USE ONLY

Governing Body expenditures include annual dues to Triangle J and NC League of Municipalities of $25,587, one time

payments to subsidized programs of $59,500 and purchase of Rescue Squad heavy rescue truck of $324,891

Fire service expenditures represent change in funding method from prior year.

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FUND BALANCE AS OF JUNE 30, 2010 13,897,468

REVENUES TO DATE 8,443,866

EXPENDITURES TO DATE (9,617,212)

DECREASE IN FUND BALANCE (1,173,346)

FUND BALANCE

RESERVED FUND BALANCE 2,000,000

APPROPRIATED FUND BALANCE 16,000

FUND BALANCE AVAILABLE FOR APPROPRIATION 10,708,122 12,724,122

TOWN OF GARNER

FUND BALANCE ANALYSIS

AS OF NOVEMBER 30, 2010

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Carry Over Adjusted Items Identified Budget After Items

Budget Purchase Orders Budget In Budget Identified Items Expended to Date In Ex

Town of Garner

Analysis of Budget to Actual Expenditures

July 1, 2010 through November 30, 2010

Outdoor Adventure 181,723 181,723 64,582

181,723 - 181,723 - 181,723 64,582

Program Partners 164,680 164,680 - 164,680 61,065

Total Parks and Recreation 1,694,968 20,603 1,715,571 (43,028) 1,672,543 665,734

Economic Incentives 158,500 158,500 158,500

Fire Services 1,395,000 1,395,000 1,395,000 601,978

Rescue Services 135,285 135,285 135,285 67,643

Debt Service 1,213,990 1,213,990 1,213,990 385,877

Contingency 346,130 346,130 346,130 -

Total All Departments 23,155,273 461,087 23,616,360 (781,396) 22,834,964 9,617,212

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TOWN OF GARNER

MEMORANDUMTo: Hardin Watkins

Town Manager

From: Lin JonesFinance Director

Date: December 13, 2010

Subject: Investment Report for November 30, 2010

General Fund investments have increased by $1,841,729 since October 31, 2010.General Fund Investments increased $1,027,222 during the same period last year. Totalinvestments for all funds increased $1,208,246 in October.

Interest rates at the North Carolina Capital Management Trust were .13% for November

which represents a .01% increase from October. Interest rates for the past year are indicated inthe following chart:

Total investments compared to the prior year are illustrated in the following chart:

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TOWN OF GARNER, NORTH CAROLINA

INVESTED FUNDS AS OF NOVEMBER 30, 2010

Beginning

Balance Change Reason

10 General Fund 11,409,071.28 1,841,728.52 1,792.47 Interest

1,495,928.00 (To) From Operatio

339,221.63 Sales and Use Tax

4,786.42 Solid Waste Tax

20 Street & Sidewalk Improvements 5,700.86 0.56 0.56 Interest

20 Park Development Reserve 903,592.94 88.42 88.42 Interest

20 Regional Retention Reserve 683,966.31 66.93 66.93 Interest

20 Stormwater Infrastructure Res 378,592.56 37.05 37.05 Interest

20 Lake Benson Park 150,256.72 14.70 14.70 Interest

20 Park Equipment 37,903.44 3.71 3.71 Interest

20 Community Center 56,277.12 5.51 5.51 Interest

20 Water & Sewer Improvements 356,445.36 34.88 34.88 Interest

20 Water & Sewer Capacity 342,846.08 33.55 33.55 Interest

20 Greenways 80,098.76 7.84 7.84 Interest

20 Future Capital Projects 2,509,530.65 245.56 245.56 Interest

50 White Deer Park 164,319.52 16.10 16.10 Interest

54 Timber Drive 2,500,074.94 244.63 244.63 Interest

55 Vandora/Buffalo Roundabout 350,010.49 34.24 34.24 Interest

Totals 19,928,687.03 1,842,562.20

Invested funds:

North Carolina Capital Management Trust

North State Bank Money Market Account

North Carolina Capital Management Trust - unexpended bond proceeds

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TOWN OF GARNERPLANNING COMMISSION

SUMMARYMonday, December 13, 2010

1. UDO Text Amendment Request:UDO-10-04, Article 3 The Town of Garner Planning Department is requesting atext amendment to the Town of Garner Unified Development Ordinance regarding aproposed change to establish procedures regarding requests for reasonableaccommodation under the Fair Housing Act within the Town of Garner and itsplanning jurisdiction.

ACTION: Commission recommended approval ofUDO Text Amendment requestUDO-10-04, Article 3as presented by the Staff by a unanimous vote (7-0).

2. General Use Rezoning Request:

Z-10-01 GFR Properties, LLC is requesting a change in the current zoning Office& Institutional (O&I) to Multi-family 2 (MF-2) general use. The site is located onPoole Drive and can be further identified as Wake County PIN 1710 37 4934.

ACTION: Commission recommended approval ofGeneral Use Rezoning requestZ-10-01 GFR Properties, LLCas presented by Staff by a unanimous vote (7-0).

3. Conditional Use Rezoning & Conditional Use Site Plan Request:CUD-Z-10-02 and CUP-SP-10-04 125 Timber Drive, Timber Drive OfficeBuilding, LLC is requesting a change in the current zoning Service Business (SB C-4) to Service Business (SB C-160) to allow religious operation. A companionconditional use site plan modification to the existing building to allow a religiousoperation is accompanying this rezoning request. The site is located at 125 TimberDrive and can be further identified as Wake County PIN 1710 64 9747. Thefollowing condition is associated with this project:

1. The hours of operation for both the office building and the religious operationare to be clearly noted on the site plan.

ACTION: Commission recommended approval ofConditional Use Rezoningrequest CUD-Z-10-02 Service Business (SB) (C-160)as presented by Staff by aunanimous vote (7-0).

ACTION: Commission recommended approval ofConditional Use Site PlanrequestCUP-SP-10-04 125 Timber Drive with one (1) conditionas presented byStaff by a unanimous vote (7-0).

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4. Reports from the Director:Mr. Bass welcomed Mr. Medlin to the Planning Commission.

Mr. Bass reported that the Town Council approved both the Transportation andStreetscape Plans.

Mr. Bass reported that the Town Council presented the VIP Awards to the nomineesat their November 16, 2010 meeting.

Mr. Bass thanked the Commission for their work this year and wished everyone aMerry Christmas.

5. Reports from the Commission:Ms. Barat inquired about the Inspection Station on US 70 and was it permitted tohave the number of vehicles and signage that is at the location.

Ms. Hutchison inquired if there were any updates about the proposed Red Route bythe Transit Authority.

Mr. Hunnicutt inquired about the truck stop situation at Jones Sausage Road.

AdjournmentHaving no further matters to discuss, the meeting was adjourned at 8:18 p.m.

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