Garner Town Council Agenda, Nov. 16, 2010

Town of Garner
Town Council
November 16, 2010
The Garner Town Council will meet in regular session at 7:00 P.M. on
Tuesday, November 16, 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 – Mayor Pro Tem Behringer
C INVOCATION – Mayor Pro Tem Behringer
D ADOPTION OF AGENDA
E PRESENTATIONS
2010 Visual Image Program Awards

Presenters: Elmo Vance, Planning Commission Chair
Mayor Ronnie Williams
Biscuitville will receive an Award for Existing Development

Golden State Foods will receive an Award for Industrial Development
United Methodist Conference will receive an Award for New Development
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 Town officials 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 October 26, 2010
Action: Approval of Minutes
2. 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.
Action: Approval of Tax Releases
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3. Ordinance Amending Fees for Solid Waste
This Ordinance amends the fees for the Town’s 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.
Action: Adopt Ordinance No. (2010) 3601
4. 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.
Action: Adopt Resolution No. (2010) 2078
5. 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.
Action: Set Public Hearing for December 6, 2010
H PUBLIC HEARINGS
1. Public Hearing to Consider Whether to “Opt Out” of the Permit

Extension Act of 2010
Presenter: Brad Bass
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.
Action: Receive Public Comment; Consider Adoption of

Resolution (2010) 2079
I OLD/NEW BUSINESS
1. Discussion of the Undertaking a School Traffic Circulation

Study for the High School and two Middle Schools
Presenter: Brad Bass
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
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Plan Project, an additional cost of $7,988 will be needed for
the $12,988 estimated cost of the contract.
Action: As Deemed Appropriate
2. 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: Consider Nominations to GRA Board of Directors
3. Resolution Adopting the Town Council Ethics Policy

Presenter: Bill Anderson
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.
Action: Adopt Resolution No. (2010) 2080
4. Sale of 2007 Spartan Heavy Rescue Truck Squad #881

Presenter: Rodney Dickerson
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.
Action: Award Bid to Pumpkin Center VFD in the amount of

$335,000
J COMMITTEE REPORTS
K MANAGER REPORTS
1. Star Tracker
2. Building Permit Summary
3. Personnel Action October
4. Revenues and Expenses
5. Invested Funds
L ATTORNEY REPORTS
M COUNCIL REPORTS
N Closed Session pursuant to N.C.G.S. 143-318.11 (a) (3) to consult

with Council regarding Edge of Auburn et al v. Town of Garner et al,
Wake County Superior Court, case #07-CVS-020636.
O ADJOURNMENT
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Memorandum
To: Honorable Mayor and Town Council
From: Jenny Saldi
Date: November 10, 2010
Re: Visual Image Program Awards Presentation
At the September 13, 2010 meeting of the Planning Commission, Chairman Elmo Vance and
Members of the Commission were given a presentation of the Fall 2010 candidates for the Visual
Image Program. The Chairman and Members of the Commission then voted for the award
th
winners. The award winners will be presented with a plaque at the November 16 Town Council
meeting.
The Visual Image Program (VIP) was developed in the mid 1990’s to publicly recognize
developments with the community that significantly enhance the visual appearance of the Town
of Garner. At the height of development, there were enough noteworthy projects to award
winners once or twice a year. With the downturn in the economy, the last awards were given in
2008.
The program focuses on three categories: Existing Development, Industrial Development and
New Development. The winning projects were selected on the basis of meeting two or more of
the following criteria:
1. Creative architectural detailing
2. Exceptional landscape design and installation
3. Innovative siting of the building
4. Enhancement to the visual appeal of a Garner thoroughfare
The following projects were voted as the award winners:
Biscuitville will receive the VIP award for existing development. This restaurant located at the
corner of Anarron Court and Fayetteville Road was formerly Miami Subs. Biscuitville created a
completely different look with the existing building. Judicious removal and retention of existing
vegetation along with supplements of new vegetation meet current landscape regulations. The
“new” building, revamped landscaping and new freestanding sign all contribute to an updated
look enhancing the overall character of Fayetteville Road.
Golden State Foods will receive the VIP award for industrial development. Golden State Foods
is the latest addition to Greenfield North and is located at the end of the cul-du-sac. The complex
is very large; however, the site design does much to reduce the visual impact of the entire
property. The angle of the building, together with the screen walls, prevents one from seeing the
magnitude of the complex from North Greenfield Parkway. The majority of the truck docks and
service area are below grade of the adjacent highways; in addition, a buffer of existing vegetation,
supplemented with evergreen material, provides screening. The installation of healthy plant
material, larger than required, provides an immediate, positive, visual impact.
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United Methodist Conference will receive the VIP award for new development. This site in
Greenfield Business Park is the headquarters for Methodist churches in the eastern portion of the
state. The entrance into the site off Waterfield Ridge Place is a winding drive through existing
vegetation; the drive is enhanced with strategically placed new plant material. The design of the
site allowed a large percentage of the existing vegetation to be saved. The parking lot is broken
up by one large landscape island in which there is a mix of existing and new vegetation. The
plant material installed was larger than required by the ordinance. A storm water pond was
landscaped in such a manner that makes it an amenity. The architecture is visually interesting
and extra measures were taken to insure the screening of the roof mounted mechanical systems
blended with the building. Other details such as an overflow parking lot paved with pavers to
allow grass to grow through, a park bench and decorative lighting fixtures all create a unique site.
This project is LEED certified. The only drawback for the community is that visibility into the site
is limited due to existing vegetation; therefore, the site cannot contribute its positive image to US
70, a major corridor through the community.
The award winners will receive their plaques, in a joint presentation by Town Council and
the Planning Commission, in recognition of their contribution toward enhancing the visual
image of Garner. Chairman Vance will present each candidate and provide a brief
description of the project. Mayor Williams will then greet each recipient and present them
with a plaque. In addition, a distinctive image award sign shall be placed on the property
to provide public recognition to these contributors.
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Town of Garner
Town Council
Work Session Minutes
October 26, 2010 - 6:00 P.M.
The Garner Town Council met in a Wor k Session at 6:00 p.m. on Tuesday,
October 26, 2010 in the Town Hall C ouncil 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; Tony Chalk,
Assistant Town Engineer; Brad Bass, Planning Director; Jason Brown,
Enforcement Planner; Tony Beasley, Economic Development Director; Lin
Jones, Finance Director; John Hodges, GRA Executive Director and Rick
Mercier, PIO
CALL MEETING TO ORDER at 6:05 P.M.
DISCUSSION
Stormwater Retrofit Locations

Presenter: Tony Chalk, Assistant Town Engineer
Mr. Chalk said th e Town Attorney f elt updating the Town Council on
this matter would be beneficial prior to easement negotiations with
the property owners.
He said the Town has been co nstructing new stormw ater BMP’s and
retrofitting some existing sites in order to satisfy t he Town’s Water
Supply Watershed Protection Plan that was approved by the State in
2003. These BMP’s replaced a regional pond concept that was modified
due to regulatory changes.
The modified plan involved retrofitting or adding new BMP’s in the

areas that were developed with a regional pond concept. Dry detention
basins that were constructed as stormwater quality devices for flood
control provided the most likely sites for retrofitting. The dry
detention ponds at the Garner Towne Shopping Center were converted in
2007 and contact has been made with owners of the Timber Crossing
Shopping Center, Bryan Woods Apartments, Faith Alliance Church, Garner
Methodist Church, River Birch Town Homes, Victory Fellowship Church
and Lorraine Village. All of these had existing BMP’s on site. The
Town’s consultant, Russell Briggs, is nearing completion on the
designs for the retrofit of Garner United Methodist Church, Faith
Alliance Church and an open space area in the Heatherwoods
Subdivision. Mr. Briggs will also be proceeding with designs on the
other sites mentioned. Easements will need to be obtained from each of
the property owners prior to commencement of construction.
Even after constr ucting all of th ese projects, the re may still be
additional areas needed in order to meet the goals set forth in the
plan.
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The total amounts removed cannot be determined until final designs are
completed. There may be the need to obtain additional easements on
private properties , but hopefully an y remaining work w ill be small i n
scope and suitable sites on Town owned property can be utilized.
Mr. Chalk said Heatherwood s Subdivision has an open space area owned
by the Town of Ga rner. This open s pace can be used as a grass bio-
retention area. By using this open space, the Town does not have to
obtain any easemen ts. He said we ma y have to take so me trees out and
add a two foot retaining wall.
Mr. Kennedy s tated the Homeowner s Association sh ould be notified

before any changes occur. Mr. Chalk replied he would do so.
Action: Consideration of Timber Crossing S hopping Center ea sement

purchase agreement for November 1 agenda
Review of the 2009 Permit Extension Act Amendment

Presenter: Brad Bass, Planning Director
Mr. Bass explained that in August 2 010 the General A ssembly passed a
bill that amended the 2009 Permit Extension Act which extended the
time period by one additional year for the major d evelopment permits .
The 2010 amendment simply extended the suspended time period until
December 2013 (one year extension). Local governments have the option
to opt out by passing a Resolution by December 31.
Currently under t he 2009 State La w a project has a 2 year permit

extension from Garner’s UDO and up to a 3 year suspended period which
effectively extend s the life of the permit up to a f ive year period.
The 2010 amendment grants an additional year of t ime suspension which
results in a permit time period of up to 6 years.
Staff estimates that roughly one -third (9) of 28 affected projects

most likely will n ot be developed. M ost of the remaini ng projects ar e
fairly small scale with exception of the Jameson Place Subdivision (70
lots) and 2 offi ce/warehouse projects in Greenfield North Business
Park. Staff does not see any projects on the list that would pose any
significant concerns to us regarding (i.e. traffic impacts, community
appearance, impacts on neighborhoods).
The question befor e Council is whet her or not to opt out of the 2010
period time extension. In order for Council to opt o ut, it must adopt
a resolution stati ng the one -year e xtension and relat ed amendments in
the 2010 Act does not apply to de velopment approvals issued by th e
Town prior to Dece mber 31, 2010. Thi s action must be taken before the
end of the year.
No action is need ed from Council a t this time; howe ver if there is

interest by the Town Council to opt out, that decision must be made in
the next 60 days or so.
Mayor Williams as ked what is the advantage of waiting 60 days. Mr.

Bass replied this will give Council more time to deliberate.
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Mr. Bass said by L aw a Public Hearing is not required, but he fe lt it
would be helpful.
Council Member Jo hns asked if the re will be a wor kload change on

staff. Mr. Bass r eplied the workloa d is manageable . T here will be no
more projects than we already have.
Council Member Ma rshburn said by o pting out it may spur on s ome of

these projects and the extension may help them pick up the business.
Council Member Ke nnedy said there is a fair amount of money already

invested in these projects, which would give some self motivation . He
said he does not feel that we should opt out.
Council Member Singleton said he sees no problem in opting out.
The Town Council a greed to schedule a Public Hearing i n order to hear

public feedback.
Mr. Bass said he w ill check the advertisement date deadlines to hold a
Public Hearing for the November 16th.
Action: Set a Public Hearing for November 16
Citizen Concerns Regarding Signs

Presenter: Brad Bass, Planning Director
Mr. Bass r ecognized Jason Brown, Enforcement Planner f or his diligence

in the long process on the sign information inquiries.
Mr. Bass explained the Planning Department received a complaint from a

citizen regarding fifteen (15) signs located throughout the community
in April 2010. Staff immediately began its investigation of the signs.
This in turn led to a series of communications b etween the Town’s
Enforcement Planner and the complai nant which led to more complaints
about signs being filed by t his individual. A mee ting with Town
Management, the Planning Department and the individu al who filed the
complaint was held recently to discuss these issues.
Findings
There are several different types of signs that are permitted regarding
the advertisement of real estate and for the advertisement of large
construction projects.
Directional Real Estate Signs (small) on the weekends without a permit.
Residential and Commercial Properties for Sale or Lease Sign on the

premise without a permit (4 square feet for residential and 32 square
feet for commercial).
Construction Identification Sign that names the project, developers,

contractors, and others associated with the construction, sale, or
lease of the property is allowed (temporary sign permit, limited to
one-year, with a renewable option).
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Signs must be removed within ten days after the final certificate of
occupancy has been issued. They are required to be on-premises with
no more than one such sign per site, and it may not exceed 32 square
feet in area or six feet in height. Such signs cannot be erected
prior to Town plan approval of the project identified.
Off-Site Subdivision Signs allowed on private property directing the

public to a subdivision or multifamily development with the property
owner’s permission. These signs are limited to one year through the
issuance of a temporary sign permit.
They cannot exceed 32 square feet in surface area, and can only display
the name of and direction to the development.
Issues
During the review of the sign complaints previously discussed staff

identified several issues we felt needed to be brought to the
Council’s attention for review and direction.
1. It appears that several off-premise subdivision signs were

installed without sign permits or their one year time period has
expired. Due to the depressed housing market, the development
community appears to be reluctant to take down signs that are in
violation. There are several options that can be considered to
address this situation.
Council can direct staff to suspend enforcement action on these types

of signs given the general condition of the current housing market and
address this matter again at a later date.
Another option for Council to consider is amending the UDO to allow

Off-Premise Subdivision Signs to be renewed beyond the current one
year time period. Staff would suggest guidelines be considered should
we move forward with a text amendment to allow this. As a starting
point, these types of signs could be renewed annually for a certain
period of time or until a certain percentage of lots have been
developed (built upon) whichever occurs first.
Recall that Garner is the only jurisdiction in Wake County that allows
this type of sign. Most all other communities, along with Garner as
well, allow the small off-premise real estate directional signs during
the weekend.
2. A second issue that may need Council review concerns clarifying the
renewal of on-site Construction Identification Signs. Currently
these signs are allowed for one year with a renewal option but
without any further guidance in the UDO. Staff has heard comments
from a few people about the length of time some of these types of
signs are allowed to remain. Historically, as long the project was
under construction or had remaining residential lots available, in
the case of a subdivision; staff has been accommodating in our
enforcement. There may be a need to consider some clarification
regarding the length of time such sign can remain on a site.
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Mr. Bass said if the Council believes further review of these matters
along the lines discussed above is warranted, then staff needs
consensus from Council to draft possible changes to the sign ordinance
for review at a future work session.
Mr. Bass said Garner is the only town that allows the off-site signs.
This has been in the Town Development Guidelines since 1984. The
issues are with posted signs running past one year allowance, not
getting a permit or their time has expired.
Mr. Bass said staff would need direction from Council before the
Planning Department takes any steps.
Mr. Bass said any changes will require a UDO text amendment. He said
staff has actively responded to the citizens requests.
Council Member Marshburn said there should be some flexibility on

larger signs.
Council Member Singleton said the off-premise signs should have some
conditions put on them. He said he does not want to extend the time
limits for signs. He would like the signs to be attractive and charge
the fee every two years.
Council Member Kennedy said with construction site identification

signs, naming the project, developer, contractors and others connected
with the construction, sale or lease of structures, and related
information he could support renewal of these signs or until a certain
percentage of lots have been developed. On off-premise directional
signs on private property directing the public to a subdivision or
multifamily development he would request a written letter from the
property owner.
Mr. Bass said the intent of the construction signs was to announce a
subdivision. He said it is possible to put some amount of build out
percentage and suggests 80% or more.
Council Member Singleton said maybe change the fee amount of the
permit from $25.00 to a higher amount.
Action: Make draft changes to sign ordinance, review at a future work

session.
REPORTS
ConAgra Re-Development Initiative Update

Presenter: Hardin Watkins, Town Manager
Tony Beasley, Economic Development Director
Mr. Watkins gave an update on ConAgra stating the progress and

upcoming tasks.
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Progress
Establish a Town staff team to gather information on possible partners

and facts related to the development and redevelopment of the property
and develop an action plan for property redevelopment. Team consist of
Tony Beasley, Rodn ey Dickerson, Frank Powell and Brad Bass, They have
been meeting once a week for about 8 weeks.
The plant has be en shown to thre e groups for eva luation of it s

potential reuse and or obstacles to reuse.
The Management team of Hardin W atkins, Tony Beasley an d Attorney Bill

Anderson has been researching best practices and the formation of
redevelopment commissions.
Hardin Watkins, Tony Beasley and B ill Anderson visited Lexington and
RTRP discussing pr ojects similar (in cluding Harnett Co unty) to ConAgra
to gain informati on on lessons lea rned and possible plans to mov ing
forward in redevelopment
The Management tea m received a presentation from Withe rs & Ravenel o n

the Phase II Envi ronmental studies being done by Con Agra on the sit e
and its results.
The Management team received a presentation from Withers & Ravenel

based on our contract through Wake County Economic Dev elopment on the
Wetlands, Historical, and Environmen tal and Land Use s tudy determining
the restricted and developmental areas available on site.
The Management team met with ConAgra corporate officials to receive

and discuss the 1 st draft of the Memorandum of Understanding for
receiving and reusing the property.
Two demolition fi rms have looked at the property and will provide
those options for our consideration. (Demolition costs are expected to
exceed $1 millions).
Upcoming Tasks
We would like a meeting with a local foods consultant to serve as

possible advisor to our team.
NC Center for Bio -Technology is sch eduled to tour th e plant in earl y

November.
There has been two tours of the pro perty to evaluate reuse options in
the biopharmaceutical industry are planned.
We will be meeting with Council liaisons (Jackie Johns and Ken

Marshburn have expressed previous interest) to discuss future steps
and bring them up to speed on the information regarding the propose d
redevelopment commission and citizen advisory group.
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We want to comple te and adopt an action plan that encompasses both
short term goals and lays groundwo rk for developing medium and l ong
range development goals.
Mr. Watkins said he would be glad to s chedule a tour to the ConAgr a

site for Council if they are interested.
Council Member Kennedy said the guidance of the redevelopment

commission can help the Town and potential applicants. He would like
information provided on what a redevelopment commission can do.
Attorney Anderson said he will talk about the ConAgra Agreement at the
November 1st Council meeting.
Action: Update Received
Garner Revitalization Association (GRA) Bi-Monthly Update

Presenter: John Hodges, Executive Director
Mr. Hodges gave a report to Council on the Garner Revitalization

Association (GRA) with regards to the Organization, Fund Raising,
Beautification and Real Estate/Investment.
He spoke about the 2009-2010 Statistics:

Public Investment of $325,650; Pri vate Investment of $111,720; 5 new
businesses; 8 jobs gained; 1 façade improvement; 2 building
renovations and 102 volunteer hours.
On the Organization:
There are two op enings on the Bo ard. The new Boa rd cand idates are
Sherry Mitchell and John Lancaster. A key directive fr om the Board i s
fundraising and volunteer recruitment.
On the Events and Marketing:

Music on Main Conc ert Series; Rotary Oyster -less Fest; a new Downtow n
E-Newsletter; Lig ht Up Main (wit h Parks & Recrea tion); Christmas
Parade and the Holiday Open House.
Mr. Hodges said G RA has moved the office and is now at 111 West Main
Street, Suite 200 in the Henry Bryan Building. The Boa rd meetings ar e
on the third Wednesday at 4:00 PM at the Pearl Street Building.
He said there is a breakfast on Thur sday, October 28 a t 8:00 AM at the

Auditorium with the Technical Assessment team.
Mr. Hodges said h e was unsuccessfu l with the Tiger II Grant and is
waiting on feedback from the grant submissions.
Mr. Watkins said we need to tip our hats to John on the Tiger II Grant
for all his hard work and promot ing our intent. Town Council al l
agreed.
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Economic Downturn Update
Presenter: Lin Jones, Finance Director
NATIONAL OUTLOOK
Wells Fargo Securities Economics Group, Monthly Outlook, October 13,

2010
• What you see is what you get

• No double dip or V shaped recovery
• Every economic recovery is a “new normal”
• Moderate economic growth will continue until after tax season in
early 2011
• Gains in consumer spending, equipment and software spending and
government spending will keep the economy moving forward
• Consumer spending will benefit over the next three quarters from
positive employment reports and rising real personal income
• Expectation is that housing starts have bottomed and will
increase steadily for the next four quarters
• Employment and income gains will support housing demand
• Commercial real estate will be a drag on the economy
• Depressed commercial real estate market reflects current high
vacancy rates and limited risk taking
• Expecting commercial real estate to break into the positive by
mid 2011
• Inventory rebuilding has stopped and will no longer boost
economic growth
• Net exports will reflect a modest positive
Bernanke Sees Case for ‘Further Action” with Too-Low Inflation,

Bloomberg.com, October 15, 2010
• Federal Reserve Chairman Ben Bernanke said additional monetary

stimulus may be warranted because inflation is too low and
unemployment is too high
• Central bank could expand asset purchases
• The central bank will act at its November 2-3 meeting
• Despite challenges, the Federal Reserve remains committed to
pursuing policies that promote the dual objectives of maximum
employment and price stability
• After two years of near-zero interest rates, the Fed’s September
statement is the first to say that too-low inflation would merit
looser monetary policy
• Consumer spending has been inhibited by the painfully slow
recovery in the labor market
Consumers Cut Credit Card Borrowing for 24th Month, WRAL.com, October
8, 2010
• Consumer borrowing fell again in August
• Consumers cut back on credit card use for the 24th consecutive
month
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• Borrowing by consumers declined by $3.3 billion in August
• The reduced use of credit by consumers is a drag on the recovery
• Banks have given up on collecting $42.5 billion in credit card
debt in the first half of 2010
• Banks have responded to loan losses by tightening lending
standards and reducing credit lines
• Households are expected to continue cutting back on borrowing as
long as incomes stay flat and jobs remain scarce
Payrolls Fall in September, Jobless Rate Stuck at 9.6%, ABCnew.go.com,

October 8, 2010
• Payrolls fell in September by 95,000 jobs because of layoffs by
government
• The unemployment rate remained stuck at 9.6%
• Jobless rate has topped 9.5% for 14 straight months
• This is the longest stretch since the 1930’s
• Nationwide, local governments cut 76,000 jobs last month, most of
them in education
• Represents the largest cut by local governments in 28 years
• Unemployment numbers suggest consumers are going to continue to
reduce spending
• Possible results of reduced consumer spending
o Retailers will be discounting heavily
o Sales will not be much better than last year
NORTH CAROLINA OUTLOOK
North Carolina’s Unemployment Rate at 9.6 Percent, Employment Security

Commission of North Carolina, October 22, 2010
• North Carolina’s unemployment rate decreased to 9.6 percent in

September
• The rate was 9.7 percent in August
• First month since March 2008 that N.C.’s unemployment rate has
not exceeded the national rate
• Government employment had the largest increase (+9,600)
• Manufacturing employment had the largest decrease (-3,800)
• Since September 2009, non-farm employment has increased by 49,300
jobs
WAKE COUNTY OUTLOOK

Wake County employment numbers will not be available until October
29th, 2010.
TOWN OF GARNER OUTLOOK
Property tax collections
Property tax collections (not including vehicle taxes) through

September 30, 2010 and 2009.
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Y/E Y/E
6/30/11 6/30/10
Total collections $1,183,311 $1,274,622
Collection percentage 8.74% 9.39%
Property tax values billed through September 30, compared to prior

year
Y/E 6/30/11 Y/E 6/30/10
Real Property 2,518,737,975 2,520,944,268

Personal Property 242,601,976 247,561,933
Public Service Property 75,237,723 77,711,846
Vehicles 85,033,226 91,726,095
Total 2,921,610,900 2,937,944,142
Actual decrease in values billed .55%
Budgeted decrease in values billed .84%
Property tax values billed through September 30 compared to budget
Actual Budget
Real Property 2,518,737,975 2,500,000,000

Personal Property 242,601,976 220,000,000
Public Service Property 75,237,723 72,000,000
Vehicles 85,033,226 190,000,000
Total 2,921,610,900 2,982,000,000
Sales and Use Tax Revenue
Sales and use tax revenues representing one month’s collections were
as follows:
Collections Year Ending June 30, 2011 $371,229

Collections Year Ending June 30, 2010 351,597
Increase in collections $19,632
Percentage increase 5.58%
Sales tax collections to date and budget to date are as follows:
Collections to date $371,229

Budget to date 310,584
Collections to date over budget $

60,645
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Break
Installation of a Utility Bore Crossing on Proposed Timber Drive on

the Bobby Fowler Property
Presenter: Hardin Watkins, Town Manager
Mr. Watkins spoke about the utility sleeve at Timber Drive with
regards to Bobby Fowler and the Town of Garner. The proposal was for
the Town to pay the utility sleeve up front and Mr. Fowler to pay the
Town of Garner back upon the sale of the property not to exceed
$20,000. Staff recommended a draft agreement be done by the Town
Attorney and brought back to Council for review at a future date.
Action: Attorney Anderson to proceed with a draft agreement,

Council to review at a future meeting
Closed Session pursuant to N.C.G.S. 143-318.11 (a) (3) to consult with

Council regarding Edge of Auburn et al v. Town of Garner et al, Wake
County Superior Court, case #07-CVS- 020636 and prospective litigation
involving collection of an outstanding balance on the Bainbridge
assessment tax.
Motion: Singleton
Second: Johns
Vote: Unanimous
The Council returned to Regular Session
Motion: Marshburn
Second: Singleton
Vote: Unanimous
Mayor Williams reminded Council of the upcoming events.
• Oct 29 Goblins in the Park at Lake Benson

• Oct 30 James King Band at the Auditorium
• Oct 31 Spooks and Saints Concert at the Auditorium
There being no further business the meeting was adjourned.
Adjournment: 9:42 PM
Motion: Singleton
Second: Behringer
Vote: Unanimous
Respectfully Submitted
Catherine Reynolds, Deputy Town Clerk
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TOWN OF GARNER
PUBLIC WORKS DEPT.
MEMORANDUM
TO: Hardin Watkins

Town Manager
FROM: Paul Cox

Public Works Director
DATE: October 28, 2010
RE: Consumer Price Index Adjustment for Solid Waste Contract
Per stipulations in the Solid Waste and Recycling Contracts, All Star Waste Services, LLC, has requested
that fees be adjusted to reflect the change in the Consumer Price Index (CPI). In accordance with the
Detailed Specifications of the Solid Waste Contract between the Town of Garner and All Star Waste
Services, LLC, rates for solid waste services will increase by 4.0% effective October 1, 2010. The increase
is based on the seasonally unadjusted Consumer Price Index for “Water and Sewer and Trash Collections”,
for all Urban Consumers, published by the United States Department of Labor, Bureau of Labor Statistics
shown in Table 1.
Table 1: CPI for all Urban Users, Water and Sewer and Trash Collections
Year Jan. Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. Avg.
2009 157.275 157.638 158.052 158.698 159.517 159.831 161.403 163.136 163.429 164.591 164.962 165.204 147.974
2010 166.857 168.078 168.521 169.116 169.825 169.745 171.156 172.491 172.833 169.847
As the contract stipulates, the base index is the average of the six monthly indices with the first month of
said base index beginning eighteen months prior to the affected contract year. Table 2 shows these figures:
Table 2: Base Index

Year Apr. May June July Aug. Sept. Avg.
2009 158.698 159.517 159.831 161.403 163.136 163.429 161.002
The contract continues, “the rates applied to the affected contract year shall be increased or decreased by a
percentage amount equal to the percentage change from the aforementioned base index to the average of
the first nine monthly indices for the year preceding the affected contract year, calculated to the nearest tenth
of a percent.
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No adjustment based on CPI changes shall exceed a 10 percent increase or decrease from the rates paid
to the contractor in the previous year. Table 3 shows the average of the nine month index:
Table 3: Nine Month Index

Year Oct. Nov. Dec. Year Jan. Feb. March April May June Average
2009 164.591 164.962 165.204 2010 166.857 168.078 168.521 169.116 169.825 169.745 167.433
The percentage change from the base index average (161.002) to the average of the nine month index
(167.433) is 3.99%. As prescribed by the contract, this 3.99% figure must be rounded to the nearest tenth,
thus the solid waste and recycling rates will reflect 4.0% increase. Table 4 reflects the changes in unit charges:
Table 4: Solid Waste and Recycling Rates

SERVICE OLD UNIT NEW UNIT
PRICE PRICE
Residential Garbage $8.23 $8.56
Yard Waste $4.76 $4.95
Residential Garbage (2nd Unit) $8.25 $8.58
Residential Recycling $1.85 $1.92
Office Paper Recycling $99.75 $103.74
Trash in excess of 6 yards $35.00 $36.40
Yard Waste in excess of 6 yards $15.00 $15.60
Bulky Waste in excess of 60 pounds per item $35.00 $36.40
The new rates will be reflected in the monthly invoice that we receive from All Star Waste Services, LLC.
Accordingly, the Town’s fees will need to be amended to reflect new unit prices.
CC: Rodney Dickerson-Assistant Town Manager

Judy Bass-Town Clerk
PEC/dh
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ORDINANCE NO. (2010) 3601
AN ORDINANCE AMENDING THE FEES AND CHARGES ORDINANCE OF

THE TOWN OF GARNER REGARDING SPECIAL
RESIDENTIAL REFUSE COLLECTION
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF GARNER:
Section One. That Section 3. Public Works, Article 2. Special

Residential Refuse Collection as contained in Ordinance No. (1996)
2742 Comprehensive Fees and Charges be amended as follows:
Article 2. SPECIAL RESIDENTIAL REFUSE COLLECTION CHARGES
SERVICE OLD UNIT NEW UNIT

PRICE PRICE
Trash in excess of 6 yards $35.00 $36.40
Yard Waste in excess of 6 yards $15.00 $15.60
Bulky Waste in excess of 60 $35.00 $36.40
pounds per item
Section Two. That this ordinance shall become effective upon

adoption.
Section Three. That any ordinance or portion thereof in conflict

with this ordinance is hereby repealed.
Duly adopted this 16th day of November 2010.
______________________________
Mayor
Attest: ________________________
Town Clerk
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RESOLUTION NO. (2010) 2078
A RESOLUTION OF INTENT TO ACQUIRE AN EASEMENT IN REAL PROPERTY

NEEDED FOR THE CONSTRUCTION OF A STORM WATER CONTROL DEVICE
WHEREAS, the Town Council of the Town of Garner has

approved the conversion of a retention pond on property owned by
YANAGI, LLC, said property known as Bryan Woods Apartments, and
the assumption of maintenance responsibility of said facility in
compliance with N.C. Division of Water Quality progress and
requirements; and
WHEREAS, it has determined that it is necessary in the

public interest to acquire certain interests in real property
owned by the person listed below by negotiated purchase if
possible, or by eminent domain if necessary, for the purposes
set forth below, and the Town Council hereby resolves to acquire
the foregoing sewer easement by negotiated purchase if possible,
or by eminent domain if necessary, as follows:
1. Property Address: 905 Bryan Pl.
To acquire a permanent easement consisting of 12,642 square

feet, more or less, located on the property identified as
905 Bryan Place, also identified as PIN # 17113333703 in
Map Book 1985 Page 02081 and Deed Book 12653 Page 1033 to
allow the conversion of the present storm water detention
pond to a retention pond, including access from the cul-de-
sac on Bryan Place as shown on the plan sheet by RWK, PA,
dated July 21, 2006, on file at the Garner Town Hall:
PIN # 1711333703
Owner: YANAGI, LLC
Value: $5,000.00
THIS RESOLUTION passed and adopted this 16th day of

November, 2010.
_____________________________
Ronnie S. Williams
Mayor
ATTEST: _______________________
Town Clerk
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M E M O R A N D U M
TO: The Hon. Mayor and Council
FROM: William E. Anderson, Town Attorney
DATE: November 16, 2010
RE: UDO Amendment for Special Exception procedure for

reasonable accommodation under Federal Fair Housing Act
_________________________________________________________________
The Federal Fair Housing Act makes it unlawful for anyone

“... to discriminate 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 such
dwelling, because of a handicap...” and defines discrimination as
including “...a refusal to make reasonable accommodations in
rules, policies, practices or services, when such accommodations
may be necessary to afford such person equal opportunities to use
and enjoy a dwelling.”
The scope of the law extends to landlords, rental agents

brokers and local governments. Going back to early 2009, before
the Oxford House lawsuit was filed, we were engaged in
conversations with the United States Department of Justice about
an appropriate procedure to have reasonable accommodations
handled by the Board of Adjustment as a Special Exception.
Adopting an ordinance providing a mechanism for a hearing whereby
a disabled or handicapped person requests such an accommodation
is a critical part of the resolution of the existing lawsuit. It
is also a reasonable procedure to have adopted even without a
lawsuit, as having some means of making a reasonable
accommodation for someone, sometime in the future is inherent in
living under this law. That is, since the law requires that
people have a right to request reasonable accommodation, then a
Special Exception is an appropriate way to handle that.
The Oxford House matter arose under the “Disabled or

Handicapped Home” section of our ordinance. The other types of
group homes which are allowed under the UDO are controlled under
specific State regulations which specify exactly how many
residents and care-givers there may be, so we do not anticipate
any future significant effect of such a Special Exception
opportunity except in the Disabled or Handicapped context.
A draft of what the ordinance amendment will likely end up

looking like is attached for your information.
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Draft
ORDINANCE NO. (2010) 3576
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 as follows:
3.17. Special exceptions.
A. Applicability. The Board of Adjustment is authorized to grant

special exceptions for the special circumstances set forth in this
section to allow for a reasonable accommodation 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 the Planning Director. No filing fee shall be
required for such application.
C. Approval process. The procedures set forth in Section 3.15.C for

variances shall apply to Staff Review and Report, Public Hearing
Notice and Action of the Board of Adjustment.
D. Approval criteria. The Board of Adjustment shall grant a special

exception to any provision of this ordinance as a reasonable
accommodation under the Federal Fair Housing Act if the Board finds by
the greater weight of the evidence that the proposed special exception
is:
(i) "Reasonable. " An accommodation will be determined to be

reasonable if it would not undermine the legitimate purposes and
effects of existing zoning regulations and the benefits that the
accommodation would provide to the handicapped, and if it will not
impose significant financial and administrative burdens upon the Town
and/or constitute a substantial or fundamental alteration of the
Town's ordinance provisions);and
(ii) "Necessary." An accommodation will be determined to be

necessary if it would provide direct or meaningful therapeutic
amelioration of the affects of the particular disability 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 ordinance are hereby repealed.
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Draft
Duly adopted this 16th day of November, 2010.
____________________________
Ronnie S. Williams, Mayor
ATTEST:__________________________
Judy Bass, Town Clerk
APPROVED AS TO FORM:_________________________
William E. Anderson
Town Attorney
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MEMORANDUM
TO: Hardin Watkins

Town Manager
FROM: Brad Bass, AICP

Director of Planning
SUBJECT: Public Hearing to Consider Opting Out of the 2010 Permit

Extension Act
Background
In September 2009 staff reported to the Town Council that the North Carolina General
Assembly had adopted the Permit Extension Act of 2009. We 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.
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. The Council directed staff to advertise a public hearing for November 16,
2010 at which time it will consider adopting a resolution to opt out of the 2010 Permit
Extension Act. Staff also provided notice to individuals associated with approved unexpired
development permits (subdivision and site plans).
Survey of Wake County jurisdictions that responded to our inquiry revealed the following:
Holly Springs (not opting out)

Cary (going to Council in November; staff recommending opting out)
Fuquay-Varina (still under review)
Apex (not opting out)
Knightdale (still under review; staff recommending opting out)
Rolesville (Board likely will not opt out)
Wendell (has opted out)
Raleigh (public hearing scheduled for 11/16/2010)
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Attachment One is a list of projects currently on file with the Town of Garner that have been
approved but are not under construction at this time. Review of the list reveals the
following.
1) Fifteen (15) 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) Five (5) subdivisions approvals where there has been no construction.

1 approved in 2007
3) Four (4) 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).
Action
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 the attached resolution to opt out of the 2010 Permit Extension Act.
In order to opt out Council action must be taken before December 31, 2010.
Please advise if you have questions.
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ATTACHMENT ONE
CUP/SUP SITE PLANS
APPROVAL ORIGINAL NEW EXPANDED
PERMIT PROJECT NAME LOCATION USE DATE EXPIRATION EXPIRATION STATUS EXPIRATION
LOT 15 WHITE OAK BUS. 6/5/2006
CUP-SP-06-04 SIGMA II PARK INDUSTRIAL 6/5/2008 6/5/2011 INACTIVE 6/5/2012
WHITE OAK RD & SALT
SUP-SP-06-07 BELLA SERA @ WHITE OAK HILL RD RESIDENTIAL 10/2/2006 10/2/2008 10/2/2011 INACTIVE 10/2/2012
LOT 4 GARNER VILLAGE
CUP-SP-06-12 LOT 4 GARNER VILLAGE CT COURT FLEX SPACE 2/5/2007 2/5/2009 3/5/2012 INACTIVE 3/5/2013
LOT 22 - TINSTEEL
CUP-SP-07-23 LOT 22- WHITE OAK BUS PK COURT COMMERCIAL 9/4/2007 9/4/2009 8/4/2012 INACTIVE 8/4/2013
TIMBER DR/DAN MILLER
CUP-SP-07-22 TIMBER PLACE DR COMMERCIAL 10/16/2007 10/16/2009 9/16/2012 INACTIVE 9/16/2013
SUP-SP-07-08 WHITE OAK S/C PH2 TIMBER DRIVE EAST COMMERCIAL 12/3/2007 12/3/2009 11/3/2012 INACTIVE 12/3/2013
CUP-SP-07-35 WHITE OAK BUS PK LOT 20 TINSTEEL COURT INDUSTRIAL 1/7/2008 1/7/2010 1/1/2013 INACTIVE 1/1/2014
CUP-SP-08-01-M RITE AID PHARMACY 1509-1511 BENSON RD COMMERCIAL 3/3/2008 3/3/2010 1/1/2013 INACTIVE 1/1/2014
CUP-SP-08-15 TCG PRINTING JUNCTION BLVD FLEX SPACE 7/7/2008 7/7/2010 1/1/2013 INACTIVE 1/1/2014
RUPERT RD & GARNER
SUP-SP-08-06 DJ STORAGE STATION INDUSTRIAL 8/4/2008 8/4/2010 1/1/2013 INACTIVE 1/1/2014
CUP-SP-08-17 ALL PRO AUTO/COLLISION 1130 US 70 INDUSTRIAL 8/4/2008 8/4/2010 1/1/2013 INACTIVE
3800& 3870 JUNCTION
CUP-SP-08-22-M DUTY TIRE BLVD INDUSTRIAL 10/8/2008 10/8/2010 1/1/2013 INACTIVE 1/1/2014
BRICKSTEEL DR
CUP-SP-09-08 WHITE OAK BUS PK LOT 23 TINSTEEL CT INDUSTRIAL 8/3/2009 8/3/2011 1/1/2013 INACTIVE 1/1/2014
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ATTACHMENT ONE
CUP/SUP SITE PLANS
CUP-SP-09-18-M BURNS & SCALO 135 SIGMA DRIVE INDUSTRIAL 11/3/2009 11/3/2011 1/1/2013 INACTIVE 1/1/2014
SUP-SP-10-01 PROJECT F 4200 WATERFIELD DRIVE COMMERCIAL 3/16/2010 3/16/2012 1/1/2013 INACTIVE 1/1/2014
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ATTACHMENT ONE
SUBDIVISION PERMITS
APPROVAL ORIGINAL NEW
PERMIT PROJECT NAME LOCATION LOTS DATE EXPIRATION EXPIRATION STATUS
ACKERMAN RD &
CUP-SB-06-01 WHITE OAK FARMS HEBRON CHURCH 195 4/3/2006 4/3/2008 4/3/2011 INACTIVE 4/3/2012
SUP-SB-07-01 CURTISS ROAD PROPERTY END OF CURTISS DRIVE 11 7/2/2007 7/2/2009 6/2/2012 INACTIVE 7/2/2013
CUP-SB-08-01 JAMESON PLACE MAXWELL DRIVE 70 7/7/2008 7/7/2010 1/1/2013 INACTIVE 1/1/2014
RAND ROAD & BRANDON
CUP-SB-08-03-M CREEKSIDE VILLAGE MILL CIR 97 12/7/2006 12/7/2008 12/7/2011 INACTIVE 12/7/2012
CUP-SB-08-04 NEW RAND ROAD SUB 601 NEW RAND ROAD 41 11/3/2008 11/3/2010 1/1/2013 INACTIVE 1/1/2014
STAFF SITE PLANS

1000 NORTH
SP-06-20 1000 GREENFIELD N OFFICE / WAREHOUSE GREENFIELD PKWY 12/15/2006 12/15/2008 12/15/2011 NO BP 12/15/2012
1100 N GREENFIELD
SP-07-02 1100 GREENFIELD N OFFICE / WAREHOUSE PKWY 5/18/2007 5/18/2009 4/18/2012 NO BP 4/18/2013
1431 MECHANICAL
SP-09-01-M WATCO MECHANICAL HVAC CONTRACTOR BLVD PENDING INACTIVE
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ATTACHMENT ONE
STAFF SITE PLANS
WAREHOUSE -
OMAR CONSTRUCTION CONSTRUCTION
SP-10-004 COMPANY LLC COMPANY 411 LOOP ROAD PENDING
KINGDOM HALL OF
SP-10-005 JEHOVAH’S WITNESSES CHURCH 10413 TEN TEN ROAD 10/22/2010 10/22/2012 1/1/2013 No BP 1/1/2014
RUPERT RD & GARNER

SP-10-008 CUTTING EDGE FLEX SPACE BUILDING STATION BLVD 8/25/2010 8/25/2012 1/1/2013 No BP 1/1/2014
SP-10-011 SULLIVAN CONSTRUCTION OFFICE / WAREHOUSE 2001 W GARNER ROAD PENDING
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RESOLUTION OPTING OUT OF THE PERMIT EXTENSION

ACT OF 2009, AS AMENDED IN 2010, PERTAINING TO THE SUPENSION OF TIME
EXPIRATION OF CERTAIN DEVELOPMENT APPROVALS
WHEREAS, on July 30, 2009, the North Carolina General Assembly

ratified Senate Bill 831 (SB831), known as the Permit Extension Act of
2009; and
WHEREAS, the Permit Extension Act of 2009 provided that certain

development approvals that were valid during the period of January 1,
2008 through December 31, 2010 would have the expiration of the
development approval suspended during that same time period; and
WHEREAS, on July 10, 2010 the North Carolina General Assembly ratified
House Bill 683 (HB683) which amended the Permit Extension Act of 2009;
and
WHEREAS, the 2010 amendment further suspends the expiration date of

certain development approvals one additional year until December 31,
2011; and
WHEREAS, Section 4.1 of House Bill 683 allows a unit of local

government to “opt out” of this additional one time extension by the
adoption of a resolution; and
WHEREAS, the terms and conditions of Senate Bill 831, initially

ratified as the Permit Extension Act of 2009 remain in full force and
effect;
NOW, THEREFORE, BE IT RESOLVED THAT the Garner Town Council hereby

declares its intent, as allowed by House Bill 683, to “opt out” of the
provisions thereof such that House Bill 683 shall not apply development
approvals issued by or within the jurisdiction of the Town of Garner,
and that the terms of Senate Bill 831, the Permit Extension Act of 2009,
as it relates to the suspension of development approvals shall continue
to apply.
THIS RESOLUTION passed and adopted this 16th day of November, 2010.
_____________________________
Ronnie S. Williams, Mayor
ATTEST: _______________________
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Item I-1
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MEMORANDUM
TO: Hardin Watkins

Town Manager
FROM: Brad Bass, AICP

Director of Planning
SUBJECT: School Traffic Circulation Study
Background
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. He requested this matter
be placed on a future Council agenda for consideration. This particular study is
outside of the scope of the Transportation Plan Project that was just completed.
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.
Findings
I requested Scott Lane, our transportation plan consultant, to prepare a scope of work
regarding a School Traffic Circulation Study (see attached). 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 Town’s high school and two middle schools. The work product will be a technical
memorandum highlighting current conditions and recommended 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. I have contacted WCPSS Facilities
Design and Construction staff to see if they would consider providing some funding
assistance for the study. As of this date I have not been able to speak directly with
their staff.
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Options
1. 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.
2. Delay taking action on this matter and review this item as part the new
FY 2011-12 Budget which would delay the development of the study until
after July 1, 2011.
3. Other action as deemed appropriate by Council.
Please advise if you have questions.
H:\PLA-02\MyFiles\School_TrafficStudy_memo.doc
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Stantec Consulting Services Inc.
801 Jones Franklin Road Suite 300
Raleigh NC 27606
Tel: (919) 851-6866
Fax: (919) 851-7024
November 9, 2010
Town of Garner Planning Department

900 7th Ave., P.O. Box 446
Garner, NC 27529
Attention: Brad Bass, AICP, Planning Director

Reference: Revised Scope and Fee Estimate for School Traffic Circulation Study
Dear Mr. Bass (Brad):
Pursuant to our most recent conversation, I am attaching a revised sample scope of services and fee
estimate for conducting a school traffic circulation study. I have downgraded the cost somewhat to account for
a slightly lower level of effort associated with the two middle schools. I am going to assume that your staff can
assist with the logistics of setting up meetings with the school and NCDOT officials as called for in the scope
of work.
Please let me know if you have any additional questions.
Sincerely,
STANTEC CONSULTING SERVICES INC.
Scott Lane, AICP

Senior Transportation Planner
Tel: (919) 865-7587
Fax: (919) 851-7024
Scott.Lane@stantec.com
Attachment: Scope of Services and Fee Estimate
c. Paul Koch, PE, Stantec Consulting Services Inc.
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SCOPE OF SERVICES
The following is the Scope of Services for conducting the Garner School Traffic Circulation Study. In advance
of the Notice to Proceed, the Consultant recommends that the Town notify the Wake County Public School
System and School Principals of the nature of the study.
1.0 FIELD REVIEW

1.1 Prepare Base Mapping. The Consultant will prepare a basemap using readily available (Wake
County) Orthophotography and NCDOT and NC OneMap data files. The maps will show the location
of each of three schools, pedestrian facilities, pavement markings, signage, and relevant geometry
within one-quarter mile of the school.
1.2 Prepare Field Notes. The Consultant will conduct a morning and afternoon loading field review to
collect geometric, signal, signage, and pavement marking information at the high school and two
middle schools. Conditions during peak loading/unloading times will be noted for the high school; only
the morning period will be studied for the middle schools. The Consultant will also coordinate with
each school’s administrative staff during these field visits (note: recommend notification from Town of
Garner be sent to each school prior to these field reviews).
1.3 Review Conditions with Staff. The Consultant will review the existing conditions and problems at each
school and in the vicinity, focusing on automobile and bus activity as well as pedestrian and cycling
accommodations/connectivity to surrounding neighborhoods.
2.0 DEVELOP RECOMMENDATIONS

2.1 Develop Preliminary List of Recommendations. The Consultant will prepare and map preliminary
recommendations with any available options grouped into logical categories of capital expense.
2.2 Review Recommendations with Staff. The recommended actions will be reviewed with the Town of
Garner planning and engineering staff, as well as any interested Town Council and Planning Board
members. Adjustments to the recommendations will be made prior to conducting a meeting with
external agencies (Task 2.3).
2.3 Review Recommendations with Staff, NCDOT, and Wake County Public School System (WCPSS).
The Consultant will prepare a summary of the recommendations in print and mapped on display size
(min. 36” x 36”) posters. Comments and recommended adjustments will be noted at this meeting. The
meeting logistics will be undertaken by Town of Garner staff.
3.0 PREPARE FINAL REPORT

3.1 Adjustments to Draft Report. Final, planning-level cost estimates and conclusory comments will be
added to the initial reporting document to produce a final Plan for reception by the Town Council.
Final color mapping of the study areas/sites will be included as well, highlighting the recommended
actions in priority order. Deliverables include: Map of study area w/recommendations; summary of
existing conditions/issues; recommended solutions (including roadway and walkway involving
signage, pavement markings, geometrical changes; and procedural/policy modifications) with
planning-level, unit-driven cost estimates; meetings with schools officials, NCDOT, and Town staff
and Council as listed. The report will be provided in hard copy format (10 color copies) and digital
format that includes all data and mapping derived from the project.
3.2 Presentation to Town Council. The Consultant will make one (1) presentation to the Garner Town
Council addressing all three schools, including a final MS-PowerPoint slide deck and five (5) paper
and (1) digital copy of the full reports.
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COST ESTIMATE
The following is the proposed man-hour and cost estimate that Stantec would require to complete the
aforementioned scope of services. Additional meetings would incur additional charges at the same billing
rates as those shown in this figure.
PROJECT DESCRIPTION: Small Area Safety and Access Plan 11.3.2010

PREPARED BY: Stantec Consulting J. Scott Lane
Senior Traffic
Project Manager Engineer I TASK TOTAL
Engineer
TASK TASK DESCRIPTION
NO. S. Lane, AICP T. Graves, PE B. Schilleman, P.Eng.
1.0 FIELD REVIEW 0.25 0.75 4.50 5.50

1.1 Prepare Base Mapping 1.75 1.75
1.2 Prepare Field Notes 2.00 2.00
1.3 Review Conditions with Staff 0.25 0.75 0.75 1.75
2.0 DEVELEOP RECOMMENDATIONS 0.75 1.00 3.25 5.00
2.1 Develop Preliminary Recommendations 0.25 0.50 1.50 2.25
2.2 Review Recommendations with Staff 0.25 0.75 1.00
2.3 Review Recommendations with Staff, NCDOT, and WCPSS 0.25 0.50 1.00 1.75
3.0 PREPARE FINAL REPORT 1.00 0.25 1.75 3.00
3.1 Adjustments to Draft Report 0.25 0.25 1.00 1.50
3.2 Presentation to Town Council 0.75 0.75 1.50
TOTAL WORKDAYS/CATEGORY: 2.00 2.00 9.50 13.50
RATES PER DAY: $1,240.00 $1,112.00 $872.00
LOADED LABOR COSTS: $2,480.00 $2,224.00 $8,284.00
DIRECT EXPENSES: $0.00
TOTAL PROJECT COSTS: $12,988.00
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RESOLUTION ADOPTING A CODE OF ETHICS FOR THE
GARNER TOWN COUNCIL
Whereas, the proper operation of democratic government requires that public official be independent,
impartial and responsible to the people; and
Whereas, government decisions and policy must be made in proper channels of the governmental
structure; and
Whereas, the public office must not be used for personal gain; and
Whereas, the public must have confidence in the integrity of its government; and in recognition of
these goals,
BE IT HEREBY RESOLVED by the Town Council of the Town of Garner, North Carolina that the
following is adopted:
CODE OF ETHICS
FOR THE GARNER MAYOR AND TOWN COUNCIL
The stability and proper operation of democratic representative government depends upon the
continuing consent of the governed, upon the public confidence in the integrity of the government and
upon responsible exercise of the trust conferred by the people. Government decisions and policy must
be made and implemented through proper channels and processes of the governmental structure. The
purpose of this code is to establish guidelines for ethical standards of conduct for the Mayor and Town
Council and all references herein to the Town Council shall be understood to include the Mayor. It
should not be considered a substitute for the law or a Town Council member's best judgment.
Town Council members must be able to act in a manner to maintain their integrity and
independence, yet must be responsive to the interests and needs of those they represent. Town Council
members serve in an important advocacy capacity in meeting the needs of their citizens and should
recognize the legitimacy of this role as well as the intrinsic importance of this function to the proper
functioning of representative government. At the same time, Town Council members must, at times,
act in an adjudicatory or administrative capacity and must, when doing so, act in a fair and impartial
manner. Town Council members must know how to distinguish these roles and when each role is
appropriate and they must act accordingly. Town Council members must be aware of their obligation
to conform their behavior to standards of ethical conduct that warrant the trust of their constituents.
Each Town Council member must find within his or her own conscience the touchstone on which to
determine appropriate conduct.
Section One
A Town Council Member Shall Obey the Law
Town Council members shall support the Constitution of the United States, the Constitution of
North Carolina and the laws enacted by the Congress of the United States and the General Assembly
pursuant thereto. Members specifically acknowledge and agree to comply with the requirements of
NCGS §14-234 entitled “Public officers or employees benefiting from public contracts; exceptions.”
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Section Two
A Town Council Member Should Uphold the Integrity and

Independence of His or Her Office
Town Council members should demonstrate the highest standards of personal integrity,
truthfulness, honesty and fortitude in all their public activities in order to inspire public confidence and
trust in town government. Town Council members should participate in establishing, maintaining, and
enforcing, and should themselves observe, high standards of conduct so that the integrity and
independence of their office may be preserved. The provisions of this Code should be construed and
applied to further these objectives.
Section Three
A Town Council Member Should Avoid Impropriety and the

Appearance of Impropriety in All His or Her Activities
It is essential that town government attract those citizens best qualified and willing to serve.
Town Council members have legitimate interests-economic, professional and vocational-of a private
nature. Town Council members should not be denied, and should not deny to other Town Council
members or citizens, the opportunity to acquire, retain and pursue private interests, economic or
otherwise, except when conflicts with their responsibility to the public cannot be avoided. Town
Council members must exercise their best judgment to determine when this is the case.
Town Council members should respect and comply with the law and should conduct
themselves at all times in a manner that promotes public confidence in the integrity of the office of
Town Council and of town government.
Town Council members should not allow family, social, or other relationships to unduly
influence their conduct or judgment and should not lend the prestige of the office of Town Council to
advance the private interests of others; nor should they conveyor permit others to convey the
impression that they are in a special position to influence them. Town Council members shall not grant
any special consideration, treatment or advantage to any citizen beyond that which is available to every
other citizen.
The Mayor or any member of the Town Council who has an interest in any official act or action
before the Council shall publicly disclose on the record of the Council the nature and extent of such
interest and shall withdraw from any consideration of the matter if excused by the Council pursuant to
NCGS §160A-75.
Section Four
A Town Council Member Should Perform the Duties of the

Office Diligently
Town Council members should, while performing the duties of the office as prescribed by law,
give precedence to these duties over other activities. In the performance of these duties, the following
standards should apply:
A. Legislative Responsibilities
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1. Town Council members should actively pursue policy goals they believe to be in the best
interests of their constituents within the parameters of orderly decision-making, rules of the
Town Council and open government.
2. Town Council members should respect the legitimacy of the goals and interests of other Town
Council members and should respect the rights of others to pursue goals and policies different
from their own.
B. Adjudicative Responsibilities
1. Town Council members should be faithful to the general and local laws pertaining to the office
and strive for professional competence in them. They should be unswayed by partisan interests,
public clamor, or fear of criticism.
2. Town Council members should demand and contribute to the maintenance of order and
decorum in proceedings before the Town Council.
3. Town Council members should be honest, patient, dignified and courteous to those with whom
they deal in their official capacity, and should require similar conduct of their staff and others
subject to their direction and control.
4. Town Council members should accord to every person who is legally interested in a proceeding
before the Council full right to be heard according to law.
5. Town Council members should dispose promptly of the business of the town for which they are
responsible.
C. Administrative Responsibilities
1. Town Council members should clearly distinguish legislative, adjudicatory and administrative
responsibilities and should refrain from inappropriate interference in the impartial
administration of town affairs by town employees. Town Council members should diligently
discharge those administrative responsibilities that are appropriate, should maintain
professional competence in the administration of these duties and should facilitate the diligent
discharge of the administrative responsibilities of fellow Town Council members and other
town officials.
2. Town Council members should conserve the resources of the town in their charge. They should
employ town equipment property, funds and personnel only in legally permissible pursuits and
in a manner that exemplifies excellent stewardship.
3. Town Council members should require town employees subject to their direction and control to
observe the standards of fidelity and diligence that apply to Town Council members as well as
those appropriate for employees.
4. Town Council members who become aware of improper conduct by a town employee should
promptly inform the Town Manager, or, in the case of a Town employee who reports directly to
the Council, initiate appropriate disciplinary measures.
5. Town Council members should not employ or recommend the appointment of unnecessary
employees and should exercise the power of employment only on the basis of merit, avoid
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favoritism and refrain from illegal discrimination and nepotism. They should not approve
compensation of employees beyond the fair value of services rendered.
Section Five
A Town Council Member Should Conduct the Affairs of the
Town Council in an Open and Public Manner
Town Council members should be aware of the letter and intent of the State's Open Meetings
Law, should conduct the affairs of the Town Council consistent with the letter and spirit of that law
and consistent with the need to inspire and maintain public confidence in the integrity and fairness of
town government and the office of Town Council. Consistent with this goal of preserving public trust,
Town Council members should be aware of the need for discretion in deliberations when the lack of
discretion would pose a threat to the resources of the town, to the reputation of current or potential
town employees, to orderly and responsible decision making, to the integrity of other governmental
processes or to other legitimate interests of the town.
Section Six
A Town Council Member Should Regulate His or Her Extra

Governmental Activities to Minimize the Risk of Conflict with
His or Her Official Duties
1. Town Council members should inform themselves concerning campaign finance, conflict of
interest and other appropriate state and federal laws and should scrupulously comply with the
provisions of such laws.
2. Town Council members should refrain from financial and business dealings that tend to reflect
adversely on the Council or on town government or to interfere with the proper performance of
official duties.
3. Town Council members should manage their personal financial interests to minimize the
number of cases in which they must abstain from voting on matters coming before the Council.
4. Information acquired by Town Council members in their official capacity should not be used or
disclosed in financial dealings or for any other purpose not related to official duties.
Section Seven
A Town Council Member Should Refrain from Political Activity

Inappropriate to His or Her Office
1. Town Council members have a civic responsibility to support good government by every
available means, to continue to inform and educate the citizenry about the affairs and processes
of town government, and to make themselves available to citizens of the town so that they may
ascertain and respond to the needs of the community. In doing so, Town Council members may
and should join or affiliate with civic organizations whether partisan or non-partisan, may and
should attend political meetings, may and should advocate and support the principles or
policies of civic or political organizations consistent with the Constitution and laws of the
United States and North Carolina.
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2. Candidates for the office of Town Council, including incumbents:

A. Should inform themselves concerning the laws of this state with regard to campaigns and
relevant disclosure requirements and should scrupulously comply with the provisions of such
laws;
B. Should maintain the dignity appropriate to the office, and should encourage members of their
families to adhere to the same standards of political conduct that apply to Town Council;
C. Should not make pledges or promises of conduct in office that they will not or cannot perform
or would be illegal if it were performed;
D. Should not misrepresent their identity, qualifications present position, or other fact; and
E. Should avoid pledges or promises of conduct in office other than the faithful and impartial
performance of the duties of the office.
BE IT FURTHER RESOLVED that:
1. A violation of this Code of Ethics may subject a Mayor/Council to a censure Resolution by the
Garner Town Council; however, no such censure resolution shall be adopted until the person alleged to
have committed the violation has been given notice of the alleged violation and provided with the
opportunity to appear before the Council and be heard regarding the allegation.
2. When a Mayor/Council has a question as to the applicability of this code to a particular

situation, he or she may apply, orally or in writing, to the Town Attorney for advisory guidance. Upon
receipt of a request for advisory guidance and based only upon the information given to the Town
Attorney, the Town Attorney will provide advisory guidance to the Mayor/Council. In the Town
Attorney’s discretion, he may retain outside legal counsel to advise him in connection with any request
for advisory guidance. In no event will the Town Attorney’s advisory guidance excuse a
Mayor/Council from complying with the Code of Ethics or other applicable law.
Adopted this 16th day of November, 2010.
__________________________________
Ronnie S, Williams, Mayor
ATTEST:
_________________________________
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Permits Issued From 10/01/2010 To 10/31/2010

Commercial Total Permits 19 Total Cost $275,290.00
Permit #: 2100691 Inside Town Linits Yes
Issue date: 10/4/2010 Census tract: PIN#: 1711-24-4459
Lot#: Subdivision: N/A Total cost: $2,600.00
PropAddress: 100 VANDORA SPRINGS ROAD
Owner's BODDIE NOELL ENTERPRISES Owner's Phone: 252-937-2800
Contractor Contractor's Phone:

Type of Improvement: Electrical Proposed Use RESTAURANT
PropAddress: 1400 TIMBER DRIVE EAST
Owner's REX HEALTHCARE Owner's Phone: 919-828-1515
Contractor CUSTOM CRAFT PAINTING & WALLCOV Contractor's Phone: 919303-4420

Type of Improvement: Alteration Proposed Use BUSINESS/OFFICE
Issue date: 10/5/2010 Census tract: PIN#:
Lot#: Subdivision: N/A Total cost: $400.00
PropAddress: 800 BENSON ROAD SUITE 50
Owner's SLEEPWORK Owner's Phone:

Type of Improvement: Electrical Proposed Use BUSINESS/OFFICE
PropAddress: 1337 WEST GARNER ROAD
Owner's JAMES CARROLL Owner's Phone: 919-207-2000

Type of Improvement: Electrical Proposed Use CHANGE OF SERVICE
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PropAddress: 156 ANNARON COURT
Owner's TRM Owner's Phone: 919-779-0776

Type of Improvement: Electrical Proposed Use BUSINESS/OFFICE
PropAddress: 255 SHENSTONE BLVD.
Owner's B.J. Owner's Phone: 919-661-3781

Type of Improvement: Plumbing Proposed Use GAS HOT WATER HEATER
PropAddress: 6301 JONES SAUSAGE ROAD
Owner's WAKE COUNTY PUBLIC SCHOOLS Owner's Phone: 919-856-8285
Contractor WAKE COUNTY BOARD OF EDUCATION Contractor's Phone: 856-8285

Type of Improvement: Plumbing Proposed Use PLUMBING
PropAddress: 1301 FIFTH AVENUE
Owner's WACHOVIA BANK Owner's Phone:

Contractor COOKE & ASSOCIATES Contractor's Phone: 252-756-7383
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PropAddress: 1473 BENSON ROAD
Owner's STATE EMPLOYEES CREDIT UNION Owner's Phone: 919-329-6215

Type of Improvement: Electrical Proposed Use COMMERCIAL SIGN
PropAddress: 1450 GARNER STATION BLVD.
Owner's NORTH-SOUTH STATION LLC Owner's Phone:

Owner's GOODWIN ENTERPRISES Owner's Phone: 1-865-692-1242

PropAddress: 1549 US HIGHWAY 70 WEST
Owner's Z.A. SNEEDONH & SONS Owner's Phone: 910-538-5137

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PropAddress: 803 MORRIS DRIVE
Owner's MORRIS & ASSOCIATES Owner's Phone: 919-852-9235

Type of Improvement: Mechanical Proposed Use SPACE HEATER
PropAddress: 110 EAST MAIN STREET
Owner's PATRICK BYRD Owner's Phone: 919-740-3155
Contractor OWNER Contractor's Phone:

Permit #: 2100780 Inside Town Linits No
Lot#: Subdivision: BREEZEWAY SOUTH Total cost: $801.00
PropAddress: 255 SHENSTONE BLVD
Owner's BJ'S WHOLESALE CLUB Owner's Phone: 919-661-3781

PropAddress: 820 PURSER DRIVE
Owner's CITY OF RALEIGH Owner's Phone: 919-996-3030
Contractor SBC CONTRACTING, INC Contractor's Phone: 919-426-7650

Type of Improvement: New Building Proposed Use OTHER
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PropAddress: 305 EAST GARNER ROAD
Owner's CHADWICK APTS, INC Owner's Phone: 919-772-5430

Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME
PropAddress: 305 EAST GARNER ROAD
Owner's CHADWICK APARTMENTS Owner's Phone: 919-772-5430

PropAddress: 1406 MANAGEMENT WAY
Owner's POWERTRAIN PRODUCTS Owner's Phone: 919-662-5426

Type of Improvement: Electrical Proposed Use STORAGE/WAREHOUSE
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Residential Total Permits 62 Total Cost $734,271.55
PropAddress: 104 TARPLEY WAY
Owner's DAVID MARTINEZ Owner's Phone:

Contractor CARY RECONSTRUCTION Contractor's Phone: 919-467-5517
Type of Improvement: Repair Proposed Use SINGLE FAMILY DWELLIN
Lot#: 87 Subdivision: VANDORA PINES Total cost: $4,000.00
PropAddress: 104 BROOKSHADE CIRCLE
Owner's ROBERT DEATON Owner's Phone: 919-662-4240

Type of Improvement: New Building Proposed Use RESIDENTIAL STORAGE
Lot#: Subdivision: EAGLE RIDGE Total cost: $8,000.00
PropAddress: 501 COMPETITION ROAD
Owner's DAVID CAMPBELL Owner's Phone:

Contractor BRETT TAYLOR Contractor's Phone: 919-427-2058
Type of Improvement: Addition Proposed Use SINGLE FAMILY DWELLIN
PropAddress: 918 POWELL DRIVE
Owner's MAXIME M. HALL, JR. Owner's Phone: 919-210-0471

Type of Improvement: New Building Proposed Use RESIDENTIAL STORAGE
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Lot#: Subdivision: EAGLE RIDGE Total cost: $400.00
PropAddress: 315 CHALLENGE ROAD
Owner's KHALIL SMITH Owner's Phone: 919-561-0509

Type of Improvement: Alteration Proposed Use SINGLE FAMILY DWELLIN
Lot#: Subdivision: HEATHER HILLS Total cost: $9,800.00
PropAddress: 1013 CLAYMORE DR
Owner's DEBRA C. PEARSALL Owner's Phone: 919-773-1822

Lot#: Subdivision: INDIAN CREEK Total cost: $50.00
PropAddress: 1016 INDIAN CREEK TRAIL
Owner's JAMES CRUM Owner's Phone: 919-900-8907

Type of Improvement: Addition Proposed Use DECK
PropAddress: 1303 PINEWINDS DRIVE UNIT 105
Owner's DRUCKER & FALK Owner's Phone:

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Lot#: Subdivision: WATER OAKS Total cost: $7,782.55
PropAddress: 838 OAKWATER DRIVE
Owner's DON SEARLES Owner's Phone: 919-215-9428

PropAddress: 108 PURVIS ST
Owner's PAM COLEMAN Owner's Phone: 919-634-7029

Lot#: Subdivision: GREENBRIER Total cost: $1,500.00
PropAddress: 3608 VESTA DRIVE
Owner's MARY NOOE Owner's Phone:

PropAddress: 901 TIMBER DRIVE
Owner's DANE SAMBRICK Owner's Phone: 919-602-0678
Contractor STONE DEVELOPMENT Contractor's Phone: 919-602-0678

Type of Improvement: Repair Proposed Use SINGLE FAMILY DWELLIN
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Lot#: 44 Subdivision: PINEWINDS Total cost: $4,500.00
PropAddress: 321 BENTPINE DRIVE
Owner's JESSICA ROBINSON Owner's Phone: 919-815-2518

PropAddress: 1307 KELLY ROAD
Owner's CONNIE WREN Owner's Phone: 919-772-4219

Lot#: 100 Subdivision: LAKEMOOR Total cost: $6,750.00
PropAddress: 2208 DUNGIVEN COURT
Owner's MARY MATTHEWS Owner's Phone: 919-661-4986

Lot#: Subdivision: BROWNSTONE VILLAGE Total cost: $4,800.00
PropAddress: 105 TROTTINGTON COURT
Owner's AMY DAVIS Owner's Phone: 919-515-6271

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Lot#: 329 Subdivision: GREENBRIER Total cost: $2,000.00
PropAddress: 4912 CINDY DRIVE
Owner's MARVA WHITTINGTON Owner's Phone: 919-772-6091

Type of Improvement: Plumbing Proposed Use SEWER SERVICE
Lot#: 12 Subdivision: TIFFANY WOODS Total cost: $10,773.00
PropAddress: 305 TIFFANY CIRCLE
Owner's CHUCK HEINDEL Owner's Phone: 919-772-5218
Contractor QUALITY RENOVATIONS Contractor's Phone: 919-369-7467

Type of Improvement: Addition Proposed Use DECK
PropAddress: 412 LOOP ROAD
Owner's JERRY PHIPS Owner's Phone:

PropAddress: 100 PINEWAY STREET
Owner's H. J. & JOYCE HARRIS Owner's Phone: 919-772-7202

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Lot#: Subdivision: STAUNTON MEADOWS Total cost: $4,200.00
PropAddress: 114 STEFI COURT
Owner's DAVID DARROW Owner's Phone: 919-302-4124

Lot#: Subdivision: AUTUMN OAKS Total cost: $300.00
PropAddress: 170 WHITE DEER TRAIL
Owner's MARGARET WILLIFORD Owner's Phone: 919-772-8826

Type of Improvement: Mechanical Proposed Use GAS FUEL LINE
PropAddress: 8116 FASHION LANE
Owner's HASSAN BATES Owner's Phone: 919-400-0931

Type of Improvement: Electrical Proposed Use SINGLE FAMILY DWELLIN
PropAddress: 105 BUGENFIELD COURT
Owner's WILLIAM STONE Owner's Phone: 919-341-1608

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PropAddress: 1513 BECKWORTH COURT
Owner's JASON PENNINGTON Owner's Phone: 919-539-5128

Type of Improvement: Mechanical Proposed Use TANKLESS HOT WATER HE
PropAddress: 2204 SHADY BIRCH LANE
Owner's MIKE WEAVER Owner's Phone: 919-662-5184
Contractor FRED REYNOLDS Contractor's Phone: 919-779-7137

PropAddress: 2332 DREYFUS COURT
Owner's JIM & ANNE BELL Owner's Phone: 919-779-4844

Type of Improvement: Plumbing Proposed Use TANKLESS HOT WATER HE
Lot#: Subdivision: EAGLE RIDGE Total cost: $6,000.00
PropAddress: 201 CHALLENGE ROAD
Owner's BRIAN URBAN Owner's Phone: 919-521-2657
Contractor CAROLINA TAPPING SERVICE Contractor's Phone: 550-2585

Type of Improvement: Plumbing Proposed Use IRRIGATION
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Lot#: 323 Subdivision: EAGLE RIDGE Total cost: $375,000.00
PropAddress: 119 ST. MELLION STREET
Owner's JOHN JOHNSON Owner's Phone: 919-422-3331
Contractor JOHN C. JOHNSON III Contractor's Phone: 919-422-3331

Type of Improvement: New Building Proposed Use SINGLE FAMILY DWELLIN
Owner's CHARLIE JOHNSON Owner's Phone: 919-828-8065

PropAddress: 105 HIDDENWOOD COURT
Owner's MICHELLE FRENCH Owner's Phone: 919-413-7009

Lot#: 28 Subdivision: EAGLE RIDGE Total cost: $3,950.00
PropAddress: 419 SEASTONE STREET
Owner's JOHN HOCHMUTH Owner's Phone: 919-327-2326

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Lot#: 18 Subdivision: WATER OAKS Total cost: $6,790.00
PropAddress: 708 OAK LANTERN COURT
Owner's DELLA BYRD Owner's Phone: 919-772-1072

PropAddress: 1508 N. GLENEAGLE DRIVE
Owner's ARTHUR & KIM TOWNSEND Owner's Phone: 919-961-5825

Type of Improvement: Electrical Proposed Use PLUMBING
Lot#: 55 Subdivision: HEATHER WOODS Total cost: $10,370.00
PropAddress: 515 KIMLOCH DRIVE
Owner's EDWARD JENKINS Owner's Phone: 919-661-0028

PropAddress: 534 DYNAMIC DRIVE
Owner's JAMES LEACH Owner's Phone: 919-772-6164

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PropAddress: 835 THOMPSON ROAD
Owner's MR. SPENCE Owner's Phone: 919-349-8009

Type of Improvement: Plumbing Proposed Use GAS FUEL LINE
Lot#: 138 Subdivision: WOODLANDS Total cost: $3,600.00
PropAddress: 2000 FORD GATES DRIVE
Owner's JACK BRITT Owner's Phone: 919-810-6870

Type of Improvement: Mechanical Proposed Use TANKLESS HOT WATER HE
PropAddress: 5001 OLD STAGE ROAD
Owner's RACHEL BLALOCK Owner's Phone:

Contractor HICKS UTILITIES Contractor's Phone: 919-772-3002
Type of Improvement: Plumbing Proposed Use WATER SERVICE
PropAddress: 1401 PINEWINDS DR UNIT 207
Owner's DRUKER & FALK Owner's Phone: 919-876-7300

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PropAddress: 131 WESTON ROAD
Owner's LILLIE MARSHBURN Owner's Phone: 919-772-3869

PropAddress: 215 GRIFFIN STREET
Owner's VANESSA RODRIGUEZ Owner's Phone: 919-662-1195

Type of Improvement: Addition Proposed Use RESIDENTIAL STORAGE
Lot#: 50 Subdivision: HILLANDALE Total cost: $6,656.00
PropAddress: 717 HILLANDALE LANE
Owner's JOE SHIPP Owner's Phone: 919-772-6957

PropAddress: 412 PENNY STREET
Owner's WINSTON GATTIS PERRY Owner's Phone: 919-539-8871

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Lot#: Subdivision: DUNHAVEN Total cost: $15,000.00
PropAddress: 2703 DUNHAVEN DR
Owner's LARRY LANGDON Owner's Phone: 919-772-2311

PropAddress: 801 SUNNY LANE
Owner's STEVEN CAPPELSON Owner's Phone: 919-802-1375

PropAddress: 1625 KENBROOK DRIVE
Owner's PATRICIA HALL Owner's Phone: 919-772-8504

Lot#: Subdivision: LAKEMOOR Total cost: $4,900.00
PropAddress: 2336 DREYFUS COURT
Owner's JAMES DODSON Owner's Phone: 919-772-5669

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Lot#: Subdivision: LYNNSHIRE Total cost: $1,224.00
PropAddress: 100 PENRITE COURT
Owner's GLENN MUNFORD Owner's Phone: 919-801-6245

Type of Improvement: Electrical Proposed Use ELECTRIC HOT WATER HE
Lot#: Subdivision: DUNHAVEN Total cost: $15,000.00
PropAddress: 2703 DUNHAVEN DRIVE
Owner's LARRY LANGDON Owner's Phone: 919-772-2311

Lot#: Subdivision: HEATHER WOODS Total cost: $6,650.00
PropAddress: 400 GRAIL PLACE
Owner's FRANK PAGE Owner's Phone: 919-779-9571

PropAddress: 713 TOPLEAF COURT
Owner's MARC OKNER Owner's Phone: 919-526-5637

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PropAddress: 701 ELMWOOD DRIVE
Owner's WOODROW & DEBORAH RAGAN Owner's Phone: 919-772-2033

PropAddress: 201 CARROLL DRIVE
Owner's ROBERT STANCIL Owner's Phone: 919-772-7783

Type of Improvement: Mechanical Proposed Use SPACE HEATER
PropAddress: 1201 POPLAR AVE
Owner's PAT BEAMAN Owner's Phone: 919-612-2874

PropAddress: 312 WHITHORNE DRIVE
Owner's BART McCLAIN Owner's Phone: 919-772-2212

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Lot#: Subdivision: BREEZEWAY SOUTH Total cost: $5,000.00
PropAddress: 109 MEADOW OAK LANE
Owner's S & D BUILDERS Owner's Phone: 919-779-1533
Contractor SITE CONSTRUCTION SERVICES, LLC Contractor's Phone:

Type of Improvement: Plumbing Proposed Use IRRIGATION
Lot#: 227 Subdivision: GREENBRIER Total cost: $3,475.00
PropAddress: 4401 SUSAN DRIVE
Owner's JULIAN & AIMEE KING Owner's Phone: 919-334-8303

Lot#: 8 Subdivision: INWOOD FOREST Total cost: $10,000.00
PropAddress: 4849 INWOOD ROAD
Owner's FOUR OAKS BANK Owner's Phone:

Contractor JON STEWART Contractor's Phone: 919-795-7009
Lot#: Subdivision: KIMBER WOODS Total cost: $6,800.00
PropAddress: 637 WESTWOOD DRIVE
Owner's LARRELL FREEMAN Owner's Phone: 919-779-2001

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Lot#: 22 Subdivision: EDGEBROOK Total cost: $2,050.00
PropAddress: 1306 EDGEBROOK DRIVE
Owner's JIMMY STANLEY Owner's Phone: 919-772-5526

Lot#: Subdivision: BREEZEWAY Total cost: $300.00
PropAddress: 121 LUXORWIND DRIVE
Owner's DOUGLAS BENDER Owner's Phone:

Type of Improvement: Mechanical Proposed Use GAS FUEL LINE
Total Number of Permits on Repor 81

Total Construction Value $1,009,561.55
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Item K-3
1 of 1
TOWN of GARNER PERSONNEL REPORT - October 2010

Turnover Rate 2009 - 4.5%
New Employees Name Department Position Title Hire Date

Full-time or Rick Mercier Econ Dev. Public Information Officer 10/18/2010
Part-time
Separated Employees Name Department Position Title Hire Date Separation Date New Employer
Full-time or Tara Gallagher Parks & Rec Special Events Coordinator 2/14/2007 10/29/2010 NC DENR - State Parks
Part-time
Page 76
Item K-4
1 of 2
Town of Garner
Statement of Revenues and Expenditures
For the Period July 1, 2010 Through October 31, 2010
FOR INTERNAL USE ONLY

Over
(Under) Percentage Actual
Budget Actual Budget of Budget Prior Year
REVENUES
Ad valorem taxes 14,287,500 1,783,531 (12,503,969) 12.5% 2,033,689
Other taxes and licenses 3,867,000 427,068 (3,439,932) 11.0% 408,702
Intergovernmental revenues 2,611,560 1,113,244 (1,498,316) 42.6% 1,089,148
Permits and fees 838,500 311,099 (527,401) 37.1% 311,699
Sales and services 328,200 132,061 (196,139) 40.2% 118,685
Investment earnings 27,000 6,264 (20,736) 23.2% 14,326
Other revenues 205,121 134,172 (70,949) 65.4% 124,373
Sale of capital assets 7,500 0 (7,500) 0.0% 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% 37,291
Appropriated fund balance 0 0 0 0.0% 0
Total Revenues 22,804,273 4,232,330 (18,571,943) 18.6% 4,166,917
EXPENDITURES
Governing body 670,932 459,575 (211,357) 68.5% 154,644
Administration 1,433,470 525,636 (907,834) 36.7% 570,559
Finance 812,070 283,512 (528,558) 34.9% 278,086
Economic development 370,296 126,537 (243,759) 34.2% 123,725
Economic incentivizes 158,500 0 (158,500) 0.0% 0
Planning 632,344 233,411 (398,933) 36.9% 273,323
Inspections 744,734 290,671 (454,063) 39.0% 275,225
Engineering 504,188 242,346 (261,842) 48.1% 163,834
Information Technology 966,031 295,691 (670,340) 30.6% 234,040
Police 6,675,427 2,368,127 (4,307,300) 35.5% 2,311,899
Fire services 1,395,000 485,909 (909,091) 34.8% 228,072
Rescue services 135,285 67,643 (67,642) 50.0% 135,143
Public works 5,377,498 1,708,067 (3,669,431) 31.8% 2,034,765
Parks and recreation 1,694,968 568,353 (1,126,615) 33.5% 540,322
Debt service 897,028 64,957 (832,071) 7.2% 70,228
Transfers out 0 0 0 0.0% 0
Contingency 336,502 0 (336,502) 0.0% 0
Total expenditures 22,804,273 7,720,435 (15,083,838) 33.9% 7,393,865
Revenues over Expenditures 0 (3,488,105) (3,488,105) (3,226,948)
Highlighted Differences
Governing Body expendituers include annual dues to Triangle J and NC League of Municipalities of $25,587, one time
payments to subsidized programs of $52,300 and purchase of Rescue Squad heavy rescue truck of $324,891
Administration expenditures include one time payment for workers compensation.
Engineering expenses include payments for the Highway 50 sewer system.
Fire service expenditues represent change in funding method from prior year.
Page 77
Item K-4
2 of 2
TOWN OF GARNER
FUND BALANCE ANALYSIS
AS OF OCTOBER 31, 2010
FUND BALANCE AS OF JUNE 30, 2010 13,079,203
REVENUES TO DATE 4,232,330
EXPENDITURES TO DATE (7,720,435)
DECREASE IN FUND BALANCE (3,488,105)
FUND BALANCE AS OF SEPTEMBER 30, 2010

RESERVED FUND BALANCE 1,500,000
APPROPRIATED FUND BALANCE 0
FUND BALANCE AVAILABLE FOR APPROPRIATION 8,091,098 9,591,098
Page 78
TOWN OF GARNER, NORTH CAROLINA Item K-5
INVESTED FUNDS AS OF OCTOBER 31, 2010 1 of 1
Beginning Ending
Balance Change Reason Balance
10 General Fund 9,063,184.62 2,345,886.66 1,743.33 Interest 11,409,071.28

(1,062,786.00) (To) From Operations
371,229.33 Sales and Use Tax
3,035,700.00 Tsf from White Deer Park
20 Street & Sidewalk Improvements 5,700.20 0.66 0.66 Interest 5,700.86
20 Park Development Reserve 903,488.88 104.06 104.06 Interest 903,592.94
20 Regional Retention Reserve 683,887.54 78.77 78.77 Interest 683,966.31
20 Stormwater Infrastructure Res 378,548.96 43.60 43.60 Interest 378,592.56
20 Lake Benson Park 150,239.42 17.30 17.30 Interest 150,256.72
20 Park Equipment 37,899.07 4.37 4.37 Interest 37,903.44
20 Community Center 56,270.64 6.48 6.48 Interest 56,277.12
20 Water & Sewer Improvements 356,404.31 41.05 41.05 Interest 356,445.36
20 Timber Drive 2,509,241.64 (2,509,241.64) (2,509,241.64) Tsf to Future Cap Projects 0.00
20 Water & Sewer Capacity 342,806.58 39.50 39.50 Interest 342,846.08
20 Greenways 80,089.53 9.23 9.23 Interest 80,098.76
20 Future Capital Projects 0.00 2,509,530.65 289.01 Interest 2,509,530.65

2,509,241.64 Tsf from Timber Drive
50 White Deer Park 0.00 164,319.52 19.52 Interest 164,319.52
3,200,000.00 Bond Proceeds
(3,035,700.00) Tsf to General Fund
54 Timber Drive 0.00 2,500,074.94 74.94 Interest 2,500,074.94
2,500,000.00 Bond Proceeds
55 Vandora/Buffalo Roundabout 0.00 350,010.49 10.49 Interest 350,010.49
350,000.00 Bond Proceeds
Totals 14,567,761.39 5,360,925.64 19,928,687.03
Invested funds:
North Carolina Capital Management Trust 15,355,397.06
North State Bank Money Market Account 1,558,885.02
North Carolina Capital Management Trust - unexpended bond proceeds 3,014,404.95
-------------------------
Total 19,928,687.03
Page 79

Garner Town Council Agenda, Nov. 16, 2010

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Garner Town Council Agenda, Nov. 16, 2010

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Town of Garner

A CALL MEETING TO ORDER

B PLEDGE OF ALLEGIANCE – Mayor Pro Tem Behringer

C INVOCATION – Mayor Pro Tem Behringer

2010 Visual Image Program Awards

Biscuitville will receive an Award for Existing Development

F PETITIONS AND COMMENTS

This portion of the meeting is to receive comments from the public

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

1. Minutes from October 26, 2010

Action: Approval of Minutes

2. Wake County Tax Report, September 2010

Action: Approval of Tax Releases

Action: Adopt Ordinance No. (2010) 3601

4. Resolution of Intent to Acquire an Easement for Construction

The Town Council approved the conversion of a retention pond

Action: Adopt Resolution No. (2010) 2078

5. Set Public Hearing on Unified Development Ordinance Regarding

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

Action: Set Public Hearing for December 6, 2010

1. Public Hearing to Consider Whether to “Opt Out” of the Permit

The 2009 Permit Extension Act was amended in 2010 by extending

Action: Receive Public Comment; Consider Adoption of

1. Discussion of the Undertaking a School Traffic Circulation

During adoption of the 2010 Transportation Plan, a request was

Action: As Deemed Appropriate

2. Nominations for Members to the Garner Revitalization

The Human Resources Committee, the Downtown Development

Action: Consider Nominations to GRA Board of Directors

3. Resolution Adopting the Town Council Ethics Policy

Legislation adopted in 2009 requires local governing boards to

Action: Adopt Resolution No. (2010) 2080

4. Sale of 2007 Spartan Heavy Rescue Truck Squad #881

Action: Award Bid to Pumpkin Center VFD in the amount of

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

From: Jenny Saldi

Date: November 10, 2010

Re: Visual Image Program Awards Presentation

The following projects were voted as the award winners:

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

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

CALL MEETING TO ORDER at 6:05 P.M.

Stormwater Retrofit Locations

The modified plan involved retrofitting or adding new BMP’s in the

Mr. Kennedy s tated the Homeowner s Association sh ould be notified

Action: Consideration of Timber Crossing S hopping Center ea sement

Review of the 2009 Permit Extension Act Amendment

Currently under t he 2009 State La w a project has a 2 year permit

Staff estimates that roughly one -third (9) of 28 affected projects

No action is need ed from Council a t this time; howe ver if there is

Mayor Williams as ked what is the advantage of waiting 60 days. Mr.

Council Member Jo hns asked if the re will be a wor kload change on

Council Member Ma rshburn said by o pting out it may spur on s ome of

Council Member Ke nnedy said there is a fair amount of money already

Council Member Singleton said he sees no problem in opting out.

The Town Council a greed to schedule a Public Hearing i n order to hear

Action: Set a Public Hearing for November 16

Citizen Concerns Regarding Signs

Mr. Bass r ecognized Jason Brown, Enforcement Planner f or his diligence

Mr. Bass explained the Planning Department received a complaint from a

Directional Real Estate Signs (small) on the weekends without a permit.

Residential and Commercial Properties for Sale or Lease Sign on the