October 14, 2010 Page 1 DRAFT Cary Town Council Thursday

Transcription

DRAFT
Cary Town Council
Thursday, October 14, 2010
6:30 PM
Council Chambers
316 N. Academy Street, Cary, N.C.
Present: Mayor Harold Weinbrecht, Mayor Pro Tem Julie Robison, Council Members Gale
Adcock, Don Frantz, Ervin Portman, Jennifer Robinson and Jack Smith
A. COMMENCEMENT
1.
Call to Order (Mayor Weinbrecht)
Mayor Weinbrecht called the meeting to order at 6:30 p.m.
_________________________
2.
Ceremonial Opening (Mrs. Adcock)
Mrs. Adcock provided the ceremonial opening.
_________________________
3. Adoption of agenda (Town Council)
ACTION: Mr. Smith moved to adopt the agenda. Mrs. Adcock provided the second; council
granted unanimous approval.
_________________________
B. CONSENT AGENDA
The council pulled consent agenda items B.3.e. (FY2011 Sidewalk Priority List), B.3.k. (Results of
Community Feedback for Cary Parkway and High House Road Traffic Operations) and B.3.o.
(Koka Booth Amphitheatre at Regency Park – Management Plan and Budget). Refer to item F for
discussion and action on these items.
1. Regular Consent Agenda (any regular consent agenda item pulled for discussion will be
discussed at the end of the old/new business portion of the agenda, which is item G on
this agenda)
a. Consideration of approval of the minutes of the regular town council meeting held on
September 30, 2010. (Town Council)
ACTION: Mrs. Adcock moved to approve the consent agenda as amended. Mrs. Robison
provided the second; council granted unanimous approval.
_________________________
b. Designation of Mayor Pro Tem Robison as Cary’s voting delegate at the NC League
of Municipalities Annual Business Meeting. (Mrs. Sue Rowland)
October 14, 2010
Page 1
_________________________
2. Land Development Consent Agenda (any land development consent agenda item pulled
for discussion will be discussed at the end of the land development discussion portion of
the agenda, which is item E on this agenda)
1. Rezoning 10-REZ-04
Current Zoning: Residential 40 (R-40)
Proposed Zoning: Residential Multi-Family Conditional Use (RMF-CU)
Acreage: 4.76 ±
Comprehensive Plan Consistency: In accordance with N.C.G.S. 160A-383, and
based upon the recommendations and detailed information developed by staff and/or
the Planning & Zoning Board contained in the case report, approval of this case by
the Cary Town Council will officially adopt the individual rezoning report as evidence
that consistency with the Comprehensive Plan has been thoroughly evaluated and
that this is a reasonable action to further the community’s public interest in carrying
out the Comprehensive Plan.
Planning and Zoning Board Recommendation: Unanimously voted to approve the
rezoning. The valid protest petition has been withdrawn.
Speaker: Ms. Debra Grannan
Proposed Council Action: Council may take action
Town of Cary, North Carolina
Rezoning Staff Report
10-REZ-04 Ferrell Property at Morrisville Parkway
Town Council Meeting
October 14, 2010
REQUEST
To amend the Town of Cary Official Zoning Map by rezoning approximately 4.76 acres located on
Morrisville Parkway, from Residential 40 (R-40) to Transitional Residential Conditional Use (TRCU) and by removing the subject property from the Mixed Use Overlay District.
NOTE: The purpose of the rezoning is to determine whether or not the land uses and densities
allowed in the proposed zoning district are appropriate for the site.
SUBJECT PROPERTY
Property Owner(s)
David S. Ferrell and Luanne F.
Adams
1600 Morrisville Carpenter Road
Cary, NC 27519
County Parcel
Number(s)
(10-digit)
Real Estate
ID(s)
Deeded Acreage
0745019227
0310473
4.76 ±
Total Area
4.76 ±
BACKGROUND INFORMATION
Applicant & Agent
Charles R. Smith, Withers and Ravenel, Inc
October 14, 2010
Page 2
General Location
Acreage
Schedule
Land Use Plan Designation
Existing Zoning District(s)
Existing Zoning Conditions
Proposed Zoning District(s)
Town Limits
Valid Protest Petition
Staff Contact
111 MacKenan Drive
Cary, NC 27511
(919) 469-3340
csmith@withersravenel.com
1950 Morrisville Parkway
4.76 ±
Public Hearing Planning & Zoning Board
Town Council
May 27, 2010
September 20, 2010
October 14, 2010
Medium Density Residential (MDR)
Residential 40 (R-40), within the Mixed Use Overlay District
None
Transitional Residential Conditional Use (TR-CU)
The subject property is located inside the Town of Cary corporate
limits.
No
Debra Grannan, Senior Planner
debra.grannan@townofcary.org
(919) 460-4980
PROJECT SUMMARY
At the Town Council Public Hearing the applicant requested that the subject property be rezoned
from Residential 40 (R-40) to Residential Multi-Family Conditional Use (RMF-CU). The current
request is to rezone the subject property from R-40 to Transitional Residential Conditional Use
(TR-CU). The proposed zoning conditions have also been expanded as indicated below:
Zoning Conditions Proposed at
Town Council Public Hearing
1. There shall be a maximum of 32 units
Current Proposed Zoning Conditions
2. Uses shall be limited to residential and
may only include townhomes, patio
homes, duplexes and semi-attached /
attached dwellings.
2. The width of any residential building unit shall be
a minimum of 20 feet.
1. There shall be a maximum of 20 residential units.
3. The minimum building size of any residential unit
shall be 1,500 heated square feet. Garages shall
not be included in this square footage.
4. If townhomes are developed, at least two thirds
(2/3) of the total units shall exceed the minimum
size of 1,500 square feet.
5. If townhomes are developed, a minimum of one
fourth (1/4) of the total townhome units shall be at
least 2,500 heated square feet. Garages are not
included in this square footage.
October 14, 2010
Page 3
Zoning Conditions Proposed at
Current Proposed Zoning Conditions
6. A minimum 10-foot undisturbed Type- A
vegetative buffer, with disturbances only as allowed
by the Land Development Ordinance, and an
additional 10-foot landscape strip will be provided
along the eastern property line. This 20-foot
planting area will meet the performance standards
laid out in the Town of Cary's Type A buffer
requirements. The closest construction activity will
be offset a minimum of 10 feet from the undisturbed
clearing limits. The landscape strip shall be placed
in commonly held open space owned by the
Homeowner’s Association.
7. The following will be added along the eastern
property line at the rear of 112 Lake Hickory Ct. (Pin
# 0745111373), 114 Lake Hickory Ct. (Pin #
0745111278), 116 Lake Hickory Ct. (Pin #
0745111274) and 118 Lake Hickory Ct. (Pin #
0745111261) in Lake Ridge Townhomes to further
supplement plant material in the 20-foot planting
area.
a. Eighteen (18) evergreen trees of a species which
commonly reaches a height of 20 feet at maturity
planted at an average of 10 feet on center and at a
minimum 5-foot planting height.
b. Nine (9) under story trees of a species that
commonly reaches a height of 20 feet at maturity
planted at an average of 20 feet on center and at a
minimum 8-foot planting height.
A minimum of two types of evergreen trees and two
types of under-story trees will be used to fulfill this
requirement.
8. There shall be a maximum height of two stories
for any townhome unit directly behind the existing
four Lake Ridge townhomes with the addresses and
Pin numbers listed in Condition #7 above.
9. All roofs on residential units shall be pitched.
10. All building square footages and calculations
shall be provided on the development plan showing
how zoning conditions are to be met.
11. The above conditions shall be noted on the
recorded plat.
SITE CHARACTERISTICS
Streams: As indicated on Town of Cary GIS maps, the subject property is impacted by a stream
buffer. Exact field determination of the buffer will be required during the site plan review process.
October 14, 2010
Page 4
Floodplain: As indicated on Town of Cary GIS maps, the subject property is impacted by a flood
plain along the western property line. Exact field determination of the buffer will be required
during the site plan review process.
Topography: Based on Cary’s GIS maps, there is a reduction in the elevation by approximately
20 feet between the area located adjacent to Morrisville Parkway and the rear of the subject
property.
CONSISTENCY WITH LAND DEVELOPMENT ORDINANCE
Density and Dimensional Standards
Existing Zoning District
Residential 40
(R40)
Maximum
Gross Density 1.08
(Units/acre)
Minimum Lot
Size
40,000
(Sq. ft.)
Minimum Lot
Width
(In feet)
With septic tank/well: 150
(160 for corner lot)
With public sewer: 125 (135
for corner lot)
Minimum
Front Yard
Setback
(feet)
From thoroughfare: 50
From collector: 30
From other streets: 20
Minimum
Side Yard
Setback
(feet)
With septic tank/well: 20
With public sewer: 15
Minimum
Rear Yard
Setback
(feet)
25
Proposed Zoning District Transitional
Residential Conditional Use
(TR-CU)
6 (LDO) 4.20 proposed1
6,000 for detached single-family dwellings
Detached single-family dwellings: 60
Patio dwellings: 20
Duplexes: 50
Subdivided attached, semi-attached and
townhouse developments: 20
All other uses: 70 (80 for corner lot)
From thoroughfare: 50
From collector: 30
From other streets: 18 when parking is provided
between the dwelling and the roadway or 10
feet when parking is not provided
Detached single-family: 0/3 minimum, 16
combined2
Subdivided attached, semi-attached,
townhomes, and patio dwellings - between
building groupings: 16
All other uses: 10
Duplexes subdivided attached, semi-attached,
townhouse units: The width of the roadway or
front and rear setbacks combined shall equal at
least 20 feet and any individual rear setback
shall be at least three feet.
Maximum
Building
35
35
Height
(feet)
1
Based on the proposed zoning condition that limits the number of dwelling units to 20, the
maximum density yield would be 4.20 dwelling units per acre.
2
A building setback of less than three feet may be permitted where firewalls are provided in
accordance with all applicable building code requirements and where it is permitted by the
zoning district.
October 14, 2010
Page 5
Landscape Buffer
According to Chapter 7 of the LDO, if the subject property is developed as townhomes or patio
dwellings, a 20-foot Type “B” (Semi-opaque) buffer is required between the property and the
following: the existing townhome development to the east of the site and the school and library
uses to the west of the site. If the subject property is developed with single-family detached
homes on lots 8,000 square feet or less, a 30-foot Type “A” (opaque) buffer is required in these
same locations. Because of the existing buffer in the Lake Ridge Townhome Development, the
applicant is only required to provide a 10-foot, Type-B buffer. The applicant has proposed a
zoning condition that exceeds this requirement.
Streetscape
According to Chapter 7 of the LDO, if developing the subject property for residential use, a 50foot Type “A” (opaque) buffer is required along Morrisville Carpenter Road that is classified as a
thoroughfare on Cary’s Comprehensive Transportation Plan.
Traffic
No Traffic Impact Analysis is required since the predicted trips for 20 dwelling units will be less
than the 50 peak hour trip threshold outlined in the LDO.
SUMMARY OF PROCESS AND ACTIONS TO DATE
Planning and Zoning Board Meeting (Public Hearing) – September 20, 2010
Staff noted that new and modified zoning conditions were submitted by the applicant following the
Town Council public hearing, and that these conditions had been reviewed by staff and were
found to be acceptable. Staff pointed out that a revision had been made to conditions proposed in
the staff report. After the report had been completed, the applicant proposed to clarify one of the
conditions and notified staff that they also proposed to place a landscape strip along the eastern
boundary of the subject property within common open space rather than in an easement located
on individual lots. Staff also reviewed the revised alignment of the proposed future greenway
being developed by the Parks Recreation and Cultural Resources staff.
The applicant spoke briefly about the efforts that had been made to work with the adjacent
property owners and the positive results. A representative of the Lake Ridge Townhome
Association spoke in support of the rezoning request and stated that the neighbors intended to
remove the current protest petitions. All protest petitions were withdrawn on October 4, 2010.
The Planning and Zoning Board asked for clarification on a few of the conditions. They
complimented the applicant, neighbors and staff for working toward a resolution of the previous
concern.
The Planning and Zoning Board voted 6-0 to forward a recommendation for approval to the Town
Council.
There have been no changes since the Planning and Zoning Board Meeting
On May 27, 2010 a public hearing was held on the initial request to rezone from R-40 to RMFCU. Staff presented the case and noted that there was a valid protest petition. Two adjacent
property owners expressed concern about the proposed density of future development and the
lack of compatibility to the adjacent Lakeridge Townhome community. The applicant and owner
spoke in support of the request and explained that they would continue to meet with adjacent
property owners to try to find zoning conditions that were mutually acceptable.
October 14, 2010
Page 6
A public hearing on a proposed amendment to the Comprehensive Land Use Plan was also
conducted on May 27, 2010.
The Town Council forwarded the rezoning request to the Planning and Zoning Board to follow the
outcome of the associated CPA request.
Notification
On May 11, 2010, the Planning Department mailed notification of a public hearing on the request
to property owners within 400 feet of the subject property. Notification consistent with General
Statutes was published in the Cary News on May 12 and 19, 2010. Notice of the public hearing
was posted on the subject property in accordance with LDO requirements.
Neighborhood Meeting
As indicated by the application, the applicant held a neighborhood meeting as required by the
LDO on Tuesday March 16, 2010 to present the request to adjacent property owners and
respond to questions.
Changes since the Town Council Public Hearing
The Comprehensive Plan Amendment case, 10-CPA-04, associated with the subject property
was approved by Town Council on August 11, 2010. This amendment removed the subject
property from a Neighborhood Activity Center and also amended the Land Use Plan Designation
from Low Density Residential (LDR) to Medium Density Residential (MDR).
The applicant revised their application to change the proposed zoning designation from
Residential Multi-family Conditional Use (RMF-CU) to Transitional Residential Conditional Use
(TR-CU). Several new proposed zoning conditions were also added that included reducing the
maximum number of dwelling units proposed from 32 to 20.
Data in this staff report regarding potential school impacts was updated to reflect the proposed
reduction in dwelling units.
Staff has participated in several discussions with adjacent property owners to explain the public
hearing process and how zoning conditions are enforced.
CRITERIA FOR CONSIDERATION IN REVIEWING REZONINGS
Section 3.4.1(E) of the Land Development Ordinance sets forth the following criteria that should
be considered in reviewing rezonings:
1. The proposed rezoning corrects an error or meets the challenge of some changing condition,
trend or fact;
2. The proposed rezoning is consistent with the Comprehensive Plan set forth in Section 1.3
(LDO);
3. The Town and other service providers will be able to provide sufficient public safety,
educational, recreational, transportation and utility facilities and services to the subject property
while maintaining sufficient levels of service to existing development;
4. The proposed rezoning is unlikely to have significant adverse impacts on the natural
environment, including air, water, noise, stormwater management, wildlife and vegetation;
5. The proposed rezoning will not have significant adverse impacts on property in the vicinity of
the subject tract; and
6. The proposed zoning classification is suitable for the subject property.
October 14, 2010
Page 7
COMPREHENSIVE PLAN SUMMARY
Comprehensive Plan Element
A. Land Use Plan
B. Parks, Recreation, and Cultural
Resources Facility Master Plan
C. Growth Management Plan
D. Affordable Housing Plan
E. Comprehensive Transportation Plan
F. Open Space and Historic Resources Plan
Consistent
Not Consistent
Not
Applicable






A. Land Use Plan
Long-range land use recommendations for the subject parcel are given by the town wide Land
Use Plan. The Land Use Plan designates the subject parcel as Medium Density Residential
(MDR), which typically includes single-family detached and attached dwellings at densities of
three to eight units per acre.
B. Parks & Greenways Master Plan
According to the Parks and Greenways Facilities Master Plan, a greenway trail is proposed along
the Urban Transition Buffer on the western side of the parcel. A recreation payment-in-lieu will be
required for residential development in accordance with the Land Development Ordinance. A 30’
wide Greenway Easement will be dedicated to the Town for future construction of a trail
connecting the existing Carpenter Village greenway to the north, across the creek along the
western property boundary, to the public trail by the Wake County library site. Credit towards
payment-in-lieu will be given for construction of a public 10’ wide asphalt trail on the adjacent tract
to the west (also owned by Mr. Ferrell) which will provide an immediate connection from the
Morrisville Parkway sidewalk to the Wake County Library and the existing public greenway trail on
that site.
These comments were reviewed and approved by the Parks, Recreation and Cultural Arts
Advisory Board at its June 2010 meeting, and by the Greenway Committee at its May 2010
meeting.
C. Growth Management Plan
The Growth Management Plan includes the following Guiding Principles that are relevant to this
case:
1. R1 Guiding Principle: Ensure that adequate infrastructure and services are available
concurrently with new development.
2. L1 Guiding Principle: Concentrate growth near existing and planned employment centers and
available and planned infrastructure to minimize costly service-area extensions.
3. L2 Guiding Principle: Ensure that future growth protects sensitive natural resources and
protects open space.
4. A1 Guiding Principle: Increase permitted densities in preferred growth areas to encourage
desired forms of development.
D. Affordable Housing Plan
The Affordable Housing Plan includes the following goals that are relevant to this case:
1. Provide for a full range of housing choices for all income groups, families of various sizes,
seniors, and persons with special challenges.
2. Facilitate the creation of a reasonable proportion of the Town of Cary’s housing as affordable
units through additional homeownership opportunities for individuals and families earning
October 14, 2010
Page 8
between 60 percent and 80 percent of area median income and affordable apartments for
individuals and families earning up to 60 percent of the area median income.
3. Encourage the location of high density housing within walking and convenient commuting
distance of employment, shopping, and other activities, or within a short walk of a bus or transit
stop, through "mixed use" developments, residences created on the upper floors of nonresidential
downtown buildings, and other creative strategies.
4. Assure a quality living environment and access to public amenities for all residents, present
and future, of the Town of Cary, regardless of income.
E. Comprehensive Transportation Plan
Morrisville Parkway is designated as a Major Thoroughfare.
Existing Section: N/A
Future Section: 4-lane median divided with 14-foot-wide outside lanes, 78 feet back to back, 100foot right-of-way
Sidewalks: Required on both sides
Bicycle Lanes: 14-foot- wide outside lane required
Status of Planned Improvements: Town improvement project in process
F. Open Space and Historic Resources Plan
According to the Open Space and Historic Resources Plan, the site has mixed upland hardwoods
on site. The site was not identified as a priority open space parcel proposed for conservation.
STAFF OBSERVATIONS
The proposed rezoning is consistent with the Comprehensive Plan and other applicable adopted
plans, policies and documents.
By proposing a 10-foot Type A buffer, plus a 10-foot landscape strip in Common Open Space
adjacent to the Lake Ridge development, the applicant exceeds Land Development Ordinance
requirements.
Long-term enforcement of the zoning conditions was staff’s primary concern when evaluating the
applicant’s proposal. While deemed enforceable, staff notes that cautious evaluation of plans,
plats and building permits will be required to ensure compliance.
OTHER REFERENCE INFORMATION
Schools
This information is
being provided for
your review;
however, the
Wake County
Board of
Education
controls capital
projects for school
capacities.
Assigned
Schools
Green
Hope
Elementary
Davis
Drive
Middle
Green
Hope High
School
20th Day
1
Enrollment
Permanent
Seating
Capacity
Average
Percent
Occupied
Projected
Range
of Additional
2
Students
807
1088
74%
1 to 9
1205
1188
101%
1 to 5
2006
2113
95%
1 to 4
Total Projected range of additional students2
3 to 18
1
Current Enrollment and Building Capacity is based on the 20th day of the school year for 20092010 as supplied by the Wake County Public School System. School assignment will be
October 14, 2010
Page 9
determined at the time of development.
2
The Projected Number of Additional Students is a rough approximation. The actual number of
students will vary depending on variables, such as the number of bedrooms, dwelling size, and
other factors. For example: a site with 20 two-bedroom townhomes could potentially yield four
additional students, while 20 single-family homes with greater than three-bedroom units could
potentially yield 16 students. The basis for making this calculation is based on multipliers
provided by Wake County Schools Office of Student Assignment. At rezoning, student yield can
not be accurately determined due to unknown variables.
APPLICANT’S JUSTIFICATION STATEMENT (Revised)
The following statements are provided by the applicant (shown below in italics) in response to the
criteria established in the application (shown below in bold) and do not necessarily represent the
views or opinions of the Town of Cary. Any statements as to the type, the quality, or the physical
features are at the direction of the applicant and may be formulated into a condition:
1. Any issues with the size of the tract?
Response: The physical characteristics go a long way in explaining the nature of this request.
We are first requesting that the site to be rezoned be removed from the Mixed Use Center
overlaying the intersection of Louis Stephens Road and Morrisville Parkway. The subject site is
separated from this intersection by a stream with 100-foot Town of Cary Urban Transition buffers.
This seems to be a more obvious definition of the boundary of the Mixed Use Center. As a result,
this site would then lie outside and adjacent to the Mixed Use Center and the boundaries of this
site are defined by the four lane divided Morrisville Parkway to the south, the stream and
associated open space to the west, and an existing townhome site, Lakeridge Townhomes, to the
east. We believe it is reasonable to suggest the proposed zoning should be consistent with the
adjacent townhome project and as a result the same zoning category, TR-CU, is being requested.
2. How is the request compatible with the comprehensive plan (i.e. Land Use,
Transportation, Open Space and Historic Resources)?
Response: As indicated in #1 above, the Land Use Plan designates this site as part of a Mixed
Use Center which typically includes non-residential uses and higher density residential uses to
support the non-residential. We have chosen to be more consistent with the adjacent use to the
east as opposed to these higher density uses. The Town Thoroughfare Plan includes Morrisville
Parkway, which fronts this site. This particular section of the roadway is presently under
construction with completion scheduled for the fall of 2010. A portion of this site will remain open
space as shown in the Open Space Plan with its stream buffers and floodplain area.
3. What are the benefits and detriments to the owner, neighbors and the community?
Response: Benefits: a) A land use is proposed that is consistent with the adjacent property to the
east. b) As a normal part of development, the area’s pedestrian connectivity will be enhanced
through the construction of sidewalks and trails that ultimately connect to the non-residential uses
of the Mixed Use Center, including the West Cary Public Library.
4. How are the allowable uses with the proposed rezoning compatible with, or how do they
relate to, the uses currently present on adjacent tracts?
Response: The only proposed use is residential. Townhomes are the most likely end use, but
patio homes and single family detached homes could also be contemplated as the market
dictates. This is the same use as on the adjacent parcel.
October 14, 2010
Page 10
ORDINANCE FOR CONSIDERATION
10-REZ-04 Ferrell Property at Morrisville Parkway
AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO
CHANGE THE ZONING OF APPROXIMATELY 4.76 ACRES LOCATED AT 1950 MORRISVILLE
PARKWAY BY REMOVING THE PROPERTY FROM THE MIXED USE OVERLAY DISTRICT
DESIGNATION AND BY REZONING FROM RESIDENTIAL 40 TO TRANSITIONAL
RESIDENTIAL CONDITIONAL USE (TR-CU)
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CARY:
Section 1: The Official Zoning Map is hereby amended by rezoning the area described as follows:
PARCEL & OWNER INFORMATION
Property Owner(s)
David S. Ferrell and Luanne F.
Adams
1600 Morrisville Carpenter Road
Cary, NC 27519
Total Acres
County Parcel
Number(s) 10 digit)
0745019227
Real Estate
ID(s)
0310473
Area ±
(Acres)
4.76 ±
4.76 ±
Section 2: That this Property is removed from the Mixed Use Overlay District designation and is
rezoned from Residential 40 (R-40) to Transitional Residential Conditional Use (TR-CU) subject
to the individualized development conditions set forth herein, and all the requirements of the Cary
Land Development Ordinance (LDO) and other applicable laws, standards, policies and
guidelines.
Section 3: The conditions proposed by the applicant and mutually approved by the Town for
promoting public health, safety and the general welfare are:
1. There shall be a maximum of 20 residential units.
2. The width of any residential building unit shall be a minimum of 20 feet.
3. The minimum building size of any residential unit shall be 1,500 heated square feet. Garages
shall not be included in this square footage.
4. If townhomes are developed, at least two thirds (2/3) of the total units shall exceed the
minimum size of 1,500 square feet.
5. If townhomes are developed, a minimum of one fourth (1/4) of the total townhome units shall
be at least 2,500 heated square feet. Garages are not included in this square footage.
6. A minimum 10-foot undisturbed, Type- A vegetative buffer, with disturbances only as allowed
by the Land Development Ordinance, and an additional 10-foot landscape strip will be
provided along the eastern property line. This 20-foot planting area will meet the performance
standards laid out in the Town of Cary's Type- A buffer requirements. The closest construction
activity will be offset a minimum of 10 feet from the undisturbed clearing limits. The landscape
strip shall be placed in commonly held open space owned by the Homeowner’s Association.
October 14, 2010
Page 11
7. The following will be added along the eastern property line at the rear of 112 Lake Hickory Ct.
(Pin # 0745111373,) 114 Lake Hickory Ct. (Pin # 0745111278,) 116 Lake Hickory Ct. (Pin #
0745111274) and 118 Lake Hickory Ct. (Pin # 0745111261) in Lake Ridge Townhomes to
further supplement plant material in the 20-foot planting area:
a. Eighteen (18) evergreen trees of a species which commonly reaches a height of 20 feet at
maturity planted at an average of 10 feet on center and at a minimum 5-foot planting
height.
b. Nine (9) under-story trees of a species that commonly reaches a height of 20 feet at
maturity planted at an average of 20 feet on center and installed at an 8-foot planting
height.
A minimum of two types of evergreen trees and two types of under-story trees will be used to
fulfill this requirement.
8. There shall be a maximum height of two stories for any townhome unit directly behind the
existing four Lake.
Ridge townhomes with the addresses and Pin numbers listed in Condition #7 above.
9. All roofs on residential units shall be pitched.
10 All building square footages and calculations shall be provided on the development plan
showing how zoning conditions are to be met.
11. The above conditions shall be noted on the recorded plat.
These conditions address conformance of the development and use of the Property to ordinances
and officially adopted plans and address impacts reasonably expected to be generated by the
development and use of the Property.
Section 4: This ordinance shall be effective on the date of adoption.
Adopted and effective: October 14, 2010
(Ordinance No. 0-2010-24 is also on file in the town clerk’s office.)
_________________________
3. Operations Committee, October 7, 2010 (any committee consent agenda item pulled for
discussion will be discussed at the end of the committee discussion portion of the
agenda, which is item F on this agenda) (Mr. Smith)
a. FY10 Developer Agreement Update and Annual Reimbursements (EN11-015)
Committee unanimously recommended the FY 2010 transportation development fee
reimbursement amounts totaling $194,446.08 be approved for distribution as detailed
in the staff report.
STAFF REPORT
October 14, 2010
Page 12
Operations Committee, October 7, 2010
FY10 Developer Agreement Update and Annual Reimbursements (EN11-015)
Consideration of reimbursements by the Town in accordance with the Transportation
Development Fee Ordinance and current developer agreements
Speaker: Mr. Tim Bailey
From: Tim Bailey, P.E., Director of Engineering
Prepared by: Belinda Adams, Engineering Administrative Services Supervisor
Approved by: Benjamin T. Shivar, Town Manager
Approved by: Michael J. Bajorek, Assistant Town Manager
Executive Summary
Cash reimbursements are dispersed on an annual basis according to the Transportation
Development Fee (TDF) Ordinance. During FY10, the Town collected $648,153.62 in TDF
revenue. Staff recommends that 30 percent, or $194,446.08, be designated for reimbursements
to developers.
Background
The Transportation Development Fee Ordinance includes a provision whereby developers may
enter into an agreement with the Town for right-of-way dedicated or roadway improvements along
thoroughfares. Fee credits and/or cash reimbursements are allowed with the agreements; this
staff report only addresses the cash reimbursements. Developer agreements only include rightof-way and improvements which exceed the Town’s collector street standards. The Town makes
cash reimbursements on an annual basis, prorating the reimbursement amount among all
outstanding Developer Agreements.
The Transportation Development Fee Ordinance stipulates that up to 30 percent of TDF’s
collected during a fiscal year be designated for developer agreement reimbursements. The Town
collected $648,153.62 in TDF’s between July 1, 2009 and June 30, 2010. Thirty percent, or
$194,446.08 may be designated for reimbursements. Each developer agreement expires ten
years after its execution, and the Town is not obligated to reimburse the remaining balance at that
time. Reimbursements for FY2010 would be in accordance with the following schedule:
Agreement
Fiscal Year
2002
2003
2004
2004
2004
2004
2004
Developer/Project/
Improvement
Viking Associates (Academy
Plaza)
Panther Creek - Raleigh Ltd
Partnership c/o East West
Partners Management Co.,
Inc. (Cary Park PUD)
Majewski Enterprises, Inc.
(Belmont Subdivision)
Crosspointe Church
Lowe's Home Centers, Inc.
(Lowe's of North Cary)
Stonecrest, LLC (Stonecrest)
1210 Trinity Way, LLC (Trinity
Way)
Current
Balance
Percent
of Total
Balance
Proposed FY2010
Reimbursement
$27,696.54
0.16%
$307.05
$854,765.66
4.87%
$9,476.19
$74,918.20
0.43%
$830.57
$78,853.40
0.45%
$874.19
$3,853.26
0.02%
$42.72
$129,343.70
0.74%
$1,433.94
$7,199.12
0.04%
$79.81
October 14, 2010
Page 13
Agreement
Fiscal Year
2004
2004
2005
2005
2005
2005
2005
2005
2005
2005
2006
2006
2006
2006
2006
2006
2006
2006
2006
2006
2006
Developer/Project/
Improvement
MD/CP - Harrison & Maynard,
LLC (Walgreens @
Northwoods)
WCWSR, LLC (Westbrook
Building)
American Soil and Mulch, Inc.
(NC55 Widening)
BB&T (Mayfair Plaza)
Centex Real Estate
Corporation (High House
Riggsbee PUD (Residential)
Stone Creek Village, LLC
(High House Riggsbee PUD
(Retail)
John Wieland Homes and
Neighborhoods of the
Carolinas, Inc. (Southbridge
PDD)
Macedonia United Methodist
Church
Drees Homes, Inc. (Trinity
Grove)
CRA Management, Inc.
(Maynard Crossing)
M&R Pet Doc, LLC
(Carpenter Animal Hospital)
W & W Partners, Inc.
(Churchill Estates)
Greyhawk LLC (Greyhawk
Subdivision)
Portrait Homes-NC, LLC
(Northwoods Crossing)
Waterford Stonewater, LLC
(Stonewater PUD Road
Improvements)
Sandler at Twin Lakes, LLC
(Twin Lakes PDD)
FF Development, L.P.
(Village at the Park
Apartments)
WCL Agape Investments,
LLC (Wedding Chapel of
Love)
D.R. Horton, Inc. (West Lake
Subdivision)
IPG Weycroft, LLC (Weycroft
Subdivision)
Shea Homes (Wrenn
Meadow Subdivision)
Current
Balance
Percent
of Total
Balance
Proposed FY2010
Reimbursement
$29,570.22
0.17%
$327.82
$32,148.93
0.18%
$356.41
$199,206.10
1.14%
$2,208.46
$53,615.13
0.31%
$594.39
$272,632.19
1.55%
$3,022.48
$168,370.19
0.96%
$1,866.60
$106,820.26
0.61%
$1,184.24
$173,490.63
0.99%
$1,923.37
$83,904.33
0.48%
$930.19
$181,612.61
1.04%
$2,013.41
$33,333.06
0.19%
$369.54
$59,799.72
0.34%
$662.96
$54,934.22
0.31%
$609.02
$187,072.02
1.07%
$2,073.94
$3,777,636.2
5
21.54%
$41,880.01
$49,610.75
0.28%
$550.00
$188,145.36
1.07%
$2,085.84
$102,063.43
0.58%
$1,131.51
$418,749.95
2.39%
$4,642.39
$114,828.52
0.65%
$1,273.02
$65,581.37
0.37%
$727.05
October 14, 2010
Page 14
Agreement
Fiscal Year
2007
2007
2007
2007
2007
2007
2007
2007
2007
2007
2008
2008
2008
2008
2008
2008
2008
2008
2008
2008
2009
2009
2009
2009
Developer/Project/
Improvement
Ardmore at Reedy Creek,
LLC (Ardmore at Reedy
Creek)
Baker Residential Limited
Partnership (Horton Property)
Crestview Associates of NC,
LLC (Old Apex Rd Center)
Derby Downs, LLC
(Copperleaf Subdivision)
Frank’s Farm (Stonebridge)
Gable Farms Ph 1
(Greystone)
Heritage Pines LLC
(Heritage Pines Subdivision
Louis Stephens Drive Ph 2 &
Ph 3)
Laurel Park Associates, LLC
(Laurel Park Subdivision)
Lincoln Harris @ Cary Park
The Pantry, Inc. (Pantry)
Aldi (N.C.) LLC (Aldi Food
Store
Cary Park Associates, LLC
Colonial Baptist Church of
Cary, Inc.
Highcroft Commons, LLC
(Glenjoy)
H&M Diversified Investments,
Inc. (Panther CreekMcCrimon Pkwy)
High House Office Center
Associates, LLC
M/I Homes of Raleigh, LLC
(Greystone (Ph 2)
Pulte Home Corporation
(McCrimmon at the Park)
Rhein Interests, LLC
(Waterford Estates)
Sandler at Amberly, LLC
(Amberly Roadway Ph 2&3)
KCD Coorsdale, LLC
(Coorsdale - Phases 2 & 3)
Fairview Center, LLC
(Fairview Shopping Center)
Parker & Orleans
Homebuilders, Inc. (Weldon
Ridge)
ParkRidge Estates, LLC
(Toscana-Ph 1)
Current
Balance
Percent
of Total
Balance
Proposed FY2010
Reimbursement
$68,262.60
0.39%
$756.78
$112,999.50
0.64%
$1,252.75
$11,149.84
0.06%
$123.61
$19,751.66
0.11%
$218.97
$614,729.52
3.50%
$6,815.08
$945,840.83
5.39%
$10,485.88
$812,370.04
4.63%
$9,006.18
$74,386.78
0.42%
$824.67
$294,816.81
$252,091.59
1.68%
1.44%
$3,268.43
$2,794.76
$163,246.77
0.94%
$1,809.80
$851,510.40
4.85%
$9,440.10
$61,908.42
0.35%
$686.34
$138,314.09
0.79%
$1,533.39
$1,250,832.0
8
7.13%
$13,867.10
$41,612.06
0.24%
$461.32
$522,820.59
2.98%
$5,796.15
$409,870.43
2.34%
$4,543.95
$264,386.24
1.51%
$2,931.07
$1,965,235.5
4
11.20%
$21,787.19
$88,080.17
0.50%
$976.48
$306,733.70
1.75%
$3,400.54
$263,761.16
1.50%
$2,924.14
$73,821.48
0.42%
$818.41
October 14, 2010
Page 15
Agreement
Fiscal Year
2009
2010
Developer/Project/
Improvement
Capital Associates
Management, LLC (Epic
Games)
Chatham Village
Current
Balance
$246,188.73
$154,834.46
Percent
of Total
Balance
1.40%
.0003
0.88%
100.0%
Proposed FY2010
Reimbursement
$2,729.32
.01
$1,716.54
$194,446.08
Fiscal Impact
There is no operating impact associated with the actions described within this staff report. All
approved FY2010 developer agreements will be funded with 30 percent of the TDF revenues
collected during FY2010. After the 30 percent, or $194,446.08, in reimbursements are paid as
proposed in the schedule above, net FY2010 TDF revenue will be $453,708.
Staff Recommendation
Staff recommends that the FY2010 TDF reimbursement amounts totaling $194,446.08 be
approved for distribution as detailed in the schedule above.
_________________________
b. Western Wake Freeway Utility Relocation Agreement Conflicts (EN11-025)
Committee unanimously recommended entering into the utility agreement with the
North Carolina Turnpike Authority (NTCA) and North Carolina Department of
Transportation (NCDOT) for the relocation of existing Town utilities associated with
the Western Wake Freeway Utility Relocation Agreement – Conflicts 35-47 (Jenks
Road north to Green Hope School Road).
STAFF REPORT
Western Wake Freeway Utility Relocation Agreement Conflicts (EN11-025)
Consideration of Western Wake Freeway Utility Relocation Agreement – Conflicts 35-47 (Jenks
Road north to Green Hope School Road)
Prepared by: Robert Hirt, P.E., Utility Engineer
Executive Summary
The North Carolina Turnpike Authority’s (NCTA) Design-Build Contractor is currently designing
roadway plans with direction from staff that include the modification of existing Town utilities. Staff
recommends entering into a utility relocation agreement with the NCTA and North Carolina
Department of Transportation (NCDOT) for the adjustment of existing utilities.
Background
October 14, 2010
Page 16
The NCTA has contracted with firms to design and build the Triangle Expressway. The Triangle
Expressway is comprised of the following two separate projects: The Western Wake Freeway;
which will connect the existing Outer Wake Expressway near NC-55 in RTP with the NC-55
Bypass near Holly Springs, and The Triangle Parkway; which extends from NC-147 near I-40
south to the existing Outer Wake Expressway.
The Town has five utility conflicts along the Western Wake Freeway between Green Hope School
Road and Jenks Road. The conflicting utilities consist of four existing waterlines and one
proposed waterline. All of these utility conflicts are along existing state maintained roadways.
Since the Western Wake Freeway will pass under the existing roads, bridges will be constructed
and the existing waterlines will need to be lowered and moved away from the proposed bridge
structures.
It’s the Town’s responsibility to relocate existing utility lines that are located within NCDOT owned
right-of-way at their request. Four of the five conflicts are in this category. Although the Town
could develop its own plans for relocating these utilities, we would duplicate much of the
preliminary engineering work already completed by the NCTA. Attempting to relocate the utilities
ourselves would open the Town to potential disputes if there were changes to the NCTA plans or
if the utility was still in conflict after being relocated.
One of the waterlines is located within a Town-owned easement. It will be the responsibility of the
NCTA to relocate and/or make improvements to the utility such that the utility is not adversely
impacted by the roadway project in this location. There will be no expense to the Town where the
Town has proven to have prior rights.
Discussion
The NCTA has submitted a three-party utility agreement (attached herein) for execution by the
Town (and NCDOT).
***************
UTILITY AGREEMENT
NORTH CAROLINA
WAKE COUNTY
DATE: August 12, 2010
NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
AND
NORTH CAROLINA TURNPIKE
AUTHORITY
AND
Project:
WBS Elements:
R-2635A, R-2635B, R-2635C
25520.5-TA1
TOWN OF CARY
THIS AGREEMENT is made and entered into on the last date executed below, by and between
the NORTH CAROLINA TURNPIKE AUTHORITY, an agency of the North Carolina Department
of Transportation, hereinafter referred to as the “NCTA”, the DEPARTMENT OF
TRANSPORTATION, an agency of the State of North Carolina, hereinafter referred to as the
“Department” and the TOWN OF CARY, hereinafter referred to as the “Municipality”;
October 14, 2010
Page 17
W I T N E S S E T H:
WHEREAS, the NCTA has prepared and adopted plans to make certain street and
highway improvements under Project R-2635A, R-2635B, & R-2635C, Wake County, said plans
consisting of the Western Wake Freeway from NC 55 at SR 1172 in Apex to NC 55 Near SR1630, Wake County; said project having a right-of-way width as shown on the project plans on file
with the NCTA office in Raleigh, North Carolina; and,
WHEREAS, the Municipality currently owns certain facilities with the Department’s rightof-way, in locations where some of the project construction and improvements will be made; and,
WHEREAS, the NCTA will initially acquire the necessary right-of-way for the project,
which right-of-way is intended to be deeded to the Department sometime after the completion of
the project; and,
WHEREAS, the parties hereto wish to enter into an agreement for certain utility work to be
performed by the NCTA’s Design-Build Team with full reimbursement by the Municipality for the
costs thereof as hereinafter set out.
NOW, THEREFORE, it is agreed as follows:
The NCTA shall place provisions in the Design-Build contract for Project R-2635A, R-2635B & R2635C, Wake County, for the Design-Build Team to adjust and relocate water lines, sanitary
sewer gravity lines and sanitary sewer force mains. Said work shall be accomplished in
accordance with the plan sheets attached hereto as Exhibit “A”, Scope of Work, including a
description of the conflicts attached hereto as Exhibit “B”, Exhibit “C” contains the Utility
Construction Criteria, dated January 30, 2008, cost estimate attached hereto as Exhibit “D” and
Exhibit “E” is the previously agreed upon Schedule of Values. In the event there is a conflict
between NCDOT Standard Specifications, or the Utility Construction Criteria, the more stringent
rules shall apply; and,
The NCTA, where necessitated by construction, will make vertical adjustments of two (2) feet or
less to existing manholes, meter boxes, and valve boxes at no expense to the Municipality; and,
The Design-Build Team will coordinate and obtain approvals and permits for the design and
construction with the Municipality, the NCTA and the Department. The Design-Build Team will
submit the appropriate number of design plans to the Municipality for review, approval, and
permitting. A ten (10) business day review period is expected of the Municipality. Upon final
design approval, the Design-Build Team will provide the Municipality with plans (one-½ size and
two-full size); and,
The Municipality will be provided the right to inspect, sample, test, and participate in the oversight
of the utility work covered by this Agreement; however, the Municipality shall provide all direction
for such work to the NCTA for communication to the Design-Build Team except when concerning
imminent potential harm to property, human health or safety; and,
The Design-Build Team will develop and provide As-Built Drawings as follows: One hard copy on
24”x36” mylar or vellum and one electronic AutoCAD version on CD with TIFF images of the
utility construction on each sheet. The As-Built Drawings will be provided prior to final payment for
all utility facilities designed and constructed as part of this Project and will be coordinately correct,
horizontal and vertical, and tied to the state coordinate system; and,
October 14, 2010
Page 18
The Design-Build Team will be responsible for making application and permitting water and sewer
lines with the Municipality, to include any application or permitting fees as well as submitting a
certification by a registered Professional Engineer to the Municipality’s Water & Sewer
Engineering Division certifying that the facilities have been installed in accordance with the
approved plans and specifications and in compliance with Section 36 of the City Code; and,
The existing utility facilities will remain in place and fully functioning until new or temporary
facilities are certified and accepted as complete by the Municipality. Service will be retained to all
fire hydrants during Project construction and the Fire Department with appropriate jurisdiction will
be notified prior to impacts to any existing fire hydrants; and,
The Design-Build Team will coordinate all installations, connections and interruptions of service
with the Municipality prior to any work occurring; and,
All materials used for the subject utility work will be new, including fire hydrants. Water mains and
appurtenances shall be NSF approved.
2. The Municipality shall be responsible for the estimated costs as shown on the attached
Exhibit “D”. The estimated cost to the Municipality is $1,925,338.00 as shown on the attached
Exhibit “D”. The NCTA shall be responsible for the estimated costs as shown on the attached
Exhibit “D” in the amount of $167,837.00. It is understood and recognized by all parties that this is
an estimated cost and is subject to change. The actual reimbursement amount will be based on
final as-built quantities and the agreed upon unit prices in the Schedule of Values attached hereto
as Exhibit “E”. The Municipality shall reimburse the NCTA for said costs as follows:
Upon completion of the utility work, reimbursement shall be made in three (3) annual principle
installments. The NCTA will invoice the Municipality one year from the date utility work begins.
The first payment up to the estimated amount of $1,925,338.00 will be due within sixty (60) days
of invoicing by the NCTA. The second and third installment payments shall be due at one (1) year
intervals on the same date as the first payment is due. The first and second payments will be
based on the NCTA’s estimated cost of the work. The third payment will be based on the
Schedule of Value unit prices and actual quantities used. The NCTA shall be responsible for
billing the Municipality at the appropriate time.
If the Municipality does not pay said invoice within sixty (60) days of the date of the invoice, the
NCTA shall charge a late payment penalty and interest on any unpaid balance due in accordance
with G.S. 147-86.23 and G.S. 105.241.21.
Any cost incurred due to additional utility work requested by the Municipality after award of the
construction contract, shall be solely the responsibility of the Municipality. The Municipality shall
reimburse the Department 100 percent of the additional utility cost, as established through
negotiations with the Design-Build Team, for which prices may differ from the Schedule of Values
adopted by the NCTA and the Municipality attached hereto as Exhibit “E”.
In the event the Municipality fails for any reason to pay the NCTA in accordance with the
provisions for payment hereinabove provided, North Carolina General Statute 136-41.3
authorizes the Department, to withhold so much of the Municipality share of funds allocated to
said Municipality by North Carolina General Statute, Section 136-41.1, until such time as the
NCTA has received payment in full.
Upon the satisfactory completion of the relocations and adjustments of the utility lines covered
under this Agreement, the Municipality shall assume normal maintenance operations to the said
October 14, 2010
Page 19
utility lines. The NCTA shall notify the Municipality in writing four (4) weeks in advance of any final
inspection. The Municipality will have the opportunity to participate in the final inspection and
provide a list to NCTA for items of work needing corrective action. Within two (2) weeks after the
highway project is complete and accepted, the Municipality shall release the Department and
NCTA from any and all claims for damages in connection with adjustments made to its utility
lines: and, further, the Municipality shall release the Department and Authority from any future
responsibility for the cost of maintenance to said utility lines. The NCTA will ensure that the
Municipality is provided a three (3) year warranty by the Design-Build Team against defects in
materials and workmanship, which warranty period shall begin upon completion and acceptance
of the utility work by the Municipality. It is understood by all parties that NCTA/NCDOT is not
providing any warranty for this work.
It is further agreed that the following provisions shall apply regarding the utilities covered in this
Agreement.
A. The Municipality obligates itself to service and to maintain its facilities to be retained and
installed over and along the highway within the NCTA and the Department’s right-of-way limits in
accordance with the mandate of the North Carolina General Statutes and such other laws, rules,
and regulations as have been or may be validly enacted or adopted, now or hereafter.
If at any time post acceptance of the project, the NCTA and the Department shall require the
removal of, or changes in, the location of the encroaching facilities which are being relocated at
the Municipality’s expense, the Municipality binds itself, its successors and assigns, to promptly
remove or alter said facilities, in order to conform to the said requirement (if applicable per G.S.
136-27.1), without any cost to NCTA and the Department.
By Executive Order 24, issued by Governor Perdue, and N.C. G.S.§ 133-32, it is unlawful for any
vendor or contractor ( i.e. architect, bidder, contractor, construction manager, design professional,
engineer, landlord, offer or, seller, subcontractor, supplier, or vendor), to make gifts or to give
favors to any State employee of the Governor’s Cabinet Agencies (i.e., Administration,
Commerce, Correction, Crime Control and Public Safety, Cultural Resources, Environment and
Natural Resources, Health and Human Services, Juvenile Justice and Delinquency Prevention,
Revenue, Transportation, and the Office of the Governor).
IN WITNESS WHEREOF, this Agreement has been executed, in duplicate, the day and
year heretofore set out, on the part of the NCTA, the Department and the Municipality by authority
duly given.
***************
The agreement provides for the described utility conflicts to be designed, adjusted, and/or
relocated by the NCTA’s construction contractor as part of the roadway construction project. The
relocation plans will be subject to the Town’s review and approval and the Town will be able to
inspect, test, and provide oversight throughout construction.
See below for the breakdown of these conflicts.
Exhibit D – Cost Estimates
Town of Cary
Conflicts 35 - 47
Water & Sewer
Responsibility for Costs - Town of Cary
October 14, 2010
Page 20
Conflict 35: The Town has an existing 42-inch ductile iron water main along the north side of
Jenks Road – Y11 - crossing the centerline – L - at approximate station 369+53. The Town will
install a new tapping sleeve, valve, and thrust collar on each side of the right-of-way prior to this
water main relocation.
The Design-Build Team shall design and construct a 42-inch ductile iron pipe water main along
the new alignment of Jenks Road in a location that does not conflict with drainage or other
utilities. All 42-inch ductile iron pipe used in the water main relocation shall have restrained joints.
Conflict 36: The Town has an existing 30-inch ductile iron water main along the south side of
Jenks Road – Y11 - crossing the centerline – L - at approximate station 369+24. The Town will
install a new tapping sleeve, valve, and thrust collar on each side of the right-of-way prior to this
water main relocation.
the new alignment of Jenks Road in a location that does not conflict with drainage or other
utilities. All 30-inch ductile iron pipe used in the water main relocation shall have restrained joints.
Conflict 42: The Town has an existing 12-inch ductile iron water main along the north side of
Roberts Road – Y13 - crossing the centerline – L - at approximate station 418+37. This will be
installed prior to relocation with a tee and 2 valves on each side of the main lanes to facilitate
tying in the relocated water main.
the new alignment of Roberts Road in a location that does not conflict with drainage or other
utilities. The new 12-inch water main should connect to the 12-inch gate valves at both ends.
Conflict 43: Deleted
Conflict 44: The Town requests the installation of a 12-inch ductile iron pipe water main along
the north side of Green Level West Road – Y14 - crossing the centerline – L - at approximate
Station 476+90.
the new alignment of Green Level West Road in a location that does not conflict with drainage or
other utilities and connect to a future water main on the west side of – L, which is currently in the
preliminary design phase. The new water main shall have gate valves installed at each end.
Conflict 47: The Town has an existing 16-inch ductile iron pipe water main along the south side
of Green Hope School Road – Y15 - crossing the centerline – L - at approximate Station 549+12.
There is approximately one (1) hydrant along this water main. The water main can be temporarily
placed out of service in order to make connections to the new lines during which time the
Carpenter Fire Station Road water main (Conflict #52) shall remain fully functional. Any
temporary shutdown of this water main shall be coordinated with the Town of Cary Public Utilities.
The Design Build Team shall design and construct a 16 inch ductile water pipe water main along
the new alignment of Green Hope School Road in a location that does not conflict with drainage
or other utilities.
October 14, 2010
Page 21
Total to NCTA = $1,925,338.00
October 14, 2010
Page 22
Town of Cary Wet Utility Construction
Section C1
Conflict Number & Description
Unit
Quantity
Unit Cost
Amount
Comments
Conflict 35 - 42" Waterline
Std. Air Valve and Manhole
EA
2
$ 3,541.00
$
60" Steel Casing
LF
230
$ 2,100.00
$ 483,000.00
42" RJ DIP Waterline
LF
447
$
$ 223,500.00
500.00
7,082.00
$ 713,582.00
EA
2
$ 3,541.00
$
60" Steel Casing
LF
236
$ 2,100.00
$ 495,600.00
LF
536
$
$ 174,200.00
325.00
7,082.00
$ 676,882.00
Conflict 42 - 12 Waterline
20" Steel Casing
LF
242
$
100.00
$ 24,200.00
12" DIP Waterline
LF
488
$
130.00
$ 63,440.00
$ 87,640.00
Conflict 43 - 24" Sanitary Sewer Gravity Main
No Adjustment Required
EA
3
$ 3,541.00
$
10,623.00
October 14, 2010
Page 23
Town of Cary Wet Utility Construction
Section C1
Conflict Number & Description
Unit
Quantity
Unit Cost
Amount
20" Steel Casing
LF
542
$
100.00
$ 54,200.00
12" DIP Waterline
LF
3725
$
100.00
$ 372,500.00
12" Gate Valve
EA
2
$ 2,192.00
$
4,384.00
Blow off Assembly
EA
1
$ 2,000.00
$
2,000.00
Fire Hydrant Assembly
EA
1
$ 3,527.00
$
3,527.00
Comments
$ 447,234.00
Town of Cary Responsibility:
$1,925,338.00
EA
2
$ 3,541.00
$
7,082.00
26" Steel Casing
LF
258
$
175.00
$
45,150.00
LF
670
$
152.00
$ 101,840.00
8" DIP Waterline
164
$
45.00
$
7,380.00
6" Gate Valve
LF
EA
1
$
858.00
$
858.00
6" DIP Waterline
LF
50
$
40.00
$
2,000.00
Fire Hydrant Assembly
EA
1
$ 3,527.00
$
3,527.00
$ 167,837.00
NCTA Responsibility
Agreement Total
$
167,837.00
$2,093,175.00
October 14, 2010
Page 24
The Town shall be responsible for the actual costs of relocating the utilities based on the unit prices agreed upon in the schedule of values
attached below:
North Carolina Turnpike Authority
Triangle Expressway (R-2635 & U-4763B)
Utility Schedule of Values
Notes:
1. Pay Items are based on the 2006 NCDOT Standards and Specifications
2. Unit Prices for Water Lines includes fittings and blocking.
3. Unit Price for Sanitary Gravity Sewer is for all depths.
4. Recommended Municipal Agreement Unit Prices considered geological conditions and depths of
installation.
Bid Item
Number
Item
Type
Item
Section
Units
Item Description
1
2
3
4
5
6
7
8
9
10
11
U
U
U
U
U
U
U
U
U
U
U
5319000000-E
5325000000-E
5325200000-E
5325300000-E
5325600000-E
5325600000-E
5325800000-E
5326000000-E
5326200000-E
5326200000-E
5326600000-E
1505
1510
1510
1510
1510
1510
1510
1510
1510
1510
1510
CY
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
Class B Concrete for Encasing Utility
Lines
1" Water Line Service
2" Water Line
3" Water Line
6" Water Line (PVC)
6" Water Line (DIP)
8" Water Line (DIP)
10" Water Line (DIP)
12" Water Line (PVC)
12" Water Line (DIP)
16" Water Line (RJDIP)
Unit Price
Date:
June10,2009
Prepared by:
CBH/HTW
Comments
300.00
17.25
24.50
35.00
29.50
40.00
45.00
62.00
70.00
130.00
152.00
October 14, 2010
Page 25
Notes:
installation.
Bid Item
Number
Item
Type
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
Item
Section
Units
5327400000-E
5328000000-E
1510
1510
1510
1515
1515
1515
1515
1515
1515
1515
1515
1515
1515
1515
1515
LF
LF
LF
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
5536000000-E
5538000000-E
5540000000-E
5546000000-E
5558000000-E
5558600000-E
5571800000-E
5572000000-E
5572200000-E
5572400000-E
5572600000-E
5572800000-E
Item Description
42" Water Line (RJ DIP)
2" Valve
4" Valve
6" Valve
8" Valve
12" Valve
16" Valve
8" Tapping Valve
10" Tapping Valve
12" Tapping Valve
14" Tapping Valve
16" Tapping Valve
18" Tapping Valve
Unit Price
Date:
June10,2009
Prepared by:
CBH/HTW
Comments
250.00
325.00
500.00
454.00
792.00
858.00
1,219.00
2,192.00
5,425.00
2,042.83
4,500.00
7,210.00
10,500.00
15,000.00
30,000.00
October 14, 2010
Page 26
Notes:
installation.
Bid Item
Number
Item
Type
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
Item
Section
Units
5573400000-E
5574000000-E
5589200000-E
5606000000-E
5643100000-E
5648000000-E
5649000000-E
5666000000-E
5672000000-E
5678600000-E
5678800000-E
5679000000-E
1515
1515
1515
1515
1515
1515
1515
1515
1515
1515
1515
1515
1515
1515
1515
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
5679200000-E
Item Description
24" Tapping Valve
30" Tapping Valve
2" Air Release Valve
2" Blow-Off Assembly
3/4" Water Meter
Relocate Water Meter
Reconnect Water Meter
Fire Hydrant
Relocate Fire Hydrant
8" Line Stop
10" Line Stop
12" Line Stop
14" Line Stop
16" Line Stop
18" Line Stop
Unit Price
Date:
June10,2009
Prepared by:
CBH/HTW
Comments
50,000.00
76,350.00
4,017.00
2,000.00
1,158.00
1,027.00
2,155.00
3,527.00
2,443.00
8,000.00
10,000.00
12,000.00
16,000.00
18,000.00
24,000.00
October 14, 2010
Page 27
Notes:
installation.
Bid Item
Number
Item
Type
Item
Section
Units
Item Description
42
43
U
U
5679600000-E
5679800000-E
1515
1515
EA
EA
44
U
5689000000-E
1515
EA
45
46
47
48
U
U
U
U
5689000000-N
5691100000-E
5691300000-E
5691300000-E
1515
1520
1520
1520
EA
LF
LF
LF
49
50
51
52
53
54
U
U
U
U
U
U
5691300000-E
5691500000-E
5691500000-E
5691600000-E
5691600000-E
5691700000-E
1520
1520
1520
1520
1520
1520
LF
LF
LF
LF
LF
LF
24" Line Stop
30" Line Stop
Generic Utility Item - Air Release
Valve & Manhole
Generic Utility Item - Rebuild
Manhole
4" Sanitary Gravity Sewer
8" Sanitary Gravity Sewer (PVC)
8" Sanitary Gravity Sewer (DIP)
8" Sanitary Gravity Sewer (CL53 DIP
w/Lining)
Unit Price
Date:
June10,2009
Prepared by:
CBH/HTW
Comments
35,000.00
45,000.00
3,541.00
2,575.00
35.00
50.00
55.00
100.00
56.00
90.00
65.00
105.00
90.00
October 14, 2010
Page 28
Notes:
installation.
Bid Item
Number
Item
Type
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
Item
Section
Units
5691700000-E
5691900000-E
5691900000-E
1520
1520
1520
1520
1520
1520
1520
1520
1520
1520
1520
1520
1520
1520
1520
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
5692000000-E
5692000000-E
5709200000-E
5709300000-E
5709400000-E
5709500000-E
5709600000-E
Item Description
4" Force Main Sewer
6" Force Main Sewer
8" Force Main Sewer
10" Force Main Sewer
12" Force Main Sewer (PVC)
12" Force Main Sewer (DIP)
Unit Price
Date:
June10,2009
Prepared by:
CBH/HTW
Comments
175.00
130.00
202.00
155.00
215.00
180.00
250.00
16.00
20.75
24.50
61.33
47.50
56.00
64.25
95.00
October 14, 2010
Page 29
Notes:
installation.
Bid Item
Number
Item
Type
Item
Section
Units
70
71
72
73
U
U
U
U
5768000000-E
5775000000-E
5776000000-E
5777000000-E
1520
1525
1525
1525
EA
EA
EA
EA
74
75
76
77
78
79
80
81
82
83
U
U
U
U
U
U
U
U
U
U
5778000000-E
5781000000-E
5782000000-E
5783000000-E
5798000000-E
5798000000-E
5798000000-E
5800000000-E
5801000000-E
5802000000-E
1525
1525
1525
1525
1530
1530
1530
1530
1530
1530
EA
LF
LF
LF
LF
LF
LF
LF
LF
LF
Item Description
Sanitary Sewer Clean-Out
4' Dia. Utility Manhole
6' Dia. Utility Manhole w/ Intermed.
Landing
Utility Manhole Wall, 4' Dia.
Abandon 2" Utility Pipe
Unit Price
Date:
June10,2009
Prepared by:
CBH/HTW
Comments
1,190.00
1,700.00
4,700.00
6,600.00
10,000.00
162.50
370.80
500.00
3.00
4.00
5.00
7.50
9.75
9.00
October 14, 2010
Page 30
Notes:
installation.
Bid Item
Number
Item
Type
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
Item
Section
Units
5804000000-E
5805000000-E
5810000000-E
5811000000-E
5813000000-E
1530
1530
1530
1530
1530
1530
1530
1530
1530
1530
1540
1540
1540
1540
1540
LF
LF
LF
LF
LF
LF
LF
LF
EA
EA
LF
LF
LF
LF
LF
5814000000-E
5815500000-E
5816000000-E
5835700000-E
5835800000-E
5835900000-E
5836000000-E
5836200000-E
Item Description
Remove Fire Hydrant
Abandon Utility Manhole
16" Encasement Pipe
18" Encasement Pipe
20" Encasement Pipe
24" Encasement Pipe
30" Encasement Pipe
Unit Price
Date:
June10,2009
Prepared by:
CBH/HTW
Comments
11.50
13.00
25.50
29.00
50.00
93.00
150.00
200.00
633.00
745.00
60.00
70.00
100.00
110.00
215.00
October 14, 2010
Page 31
Notes:
installation.
Bid Item
Number
Item
Type
99
100
101
102
103
104
105
Item
Section
Units
Item Description
U
U
U
U
U
5836400000-E
1540
1540
1540
1540
1540
LF
LF
LF
LF
LF
U
U
5872310000-E
5872310000-E
1550
1550
LF
LF
36" Encasement Pipe
42" Encasement Pipe
48" Encasement Pipe
54" Encasement Pipe
60" Encasement Pipe
Trenchless Installation of 30" Not in
Soil
Trenchless Installation of 30" in Soil
Unit Price
Date:
June10,2009
Prepared by:
CBH/HTW
Comments
300.00
500.00
800.00
1,205.00
2,100.00
550.00
210.00
October 14, 2010
Page 32
***************
Fiscal Impact
Funding of $4.4 million exists within capital project WT1171 exists for these relocations and the
current project balance of $2.5 million is adequate to cover the remaining scope of work.
Short term personnel impacts include providing construction inspections by the Engineering
Department. All of the construction administration, inspection and operation and maintenance
requirements associated with this project can be provided by current Town staff with no additional
staffing or funding required.
Staff recommends entering into the utility agreement with the NCTA and NCDOT for the
relocation of existing Town utilities. Approval of the recommendation (by Council) is not a legally
binding acceptance of the agreement.
_________________________
c. 911 Fund Budget and Reporting Update (FN11-03)
Committee unanimously recommended recognition of notification that fund balance in
the 911 Special Revenue Fund was utilized to cover FY2010 unbudgeted expenses
in the amount of $56,878.
STAFF REPORT
911 Fund Budget and Reporting Update (FN11-03)
Notification to Council of 911 fund expenditure reporting levels made in FY2010
Speaker: Ms. Michelle Price
From: Karen Mills, Finance Director
Prepared by: Michelle Price, Controller
Executive Summary
During FY2010 the Town reported expenses within the 911 Special Revenue Fund (911 Fund)
that exceeded budget within this fund because expenses originally budgeted in the General Fund
(in the Police and Technology Services operating budget) were transferred to the 911 Fund
towards the end of the fiscal year to more accurately reflect all 911-related expenses in FY2010.
Staff is presenting this staff report to officially notify Council of this occurrence.
Background
There have been numerous changes over the years regarding the reporting and accounting for
911 funds, related to both wireline and wireless. The NC 911 Board (911 Board) is currently
reviewing and in the process of changing the distribution of funds to all qualified Public Safety
Answering Point (PSAP) units. The amount of 911 funds expended and reported in FY2010 will
impact the amount distributed to the Town in the future. In previous years, the Town has not
reported 100 percent of the qualifying expenses directly in the 911 Fund due to the administrative
burden. The unspent amount was allowed to be held for future eligible projects, such as the
computer aided dispatch (CAD) system replacement project that is currently underway. The 911
October 14, 2010
Page 33
Board is now interested in PSAP’s reporting all expenses and spending down this unspent
amount that has accumulated.
Discussion
In order to maximize expenses reported in FY2010, Town staff analyzed numerous qualifying
expense areas that were previously charged to the general fund and not reported on official
reports to the state and determined that there were percentages of larger expenses that are
considered eligible according to the 911 regulations. Although these expenses were appropriately
budgeted in the General Fund, they were not budgeted in the 911 Fund.
An example of these type expenses pertains to Technology Services positions. Although the
Town did not have a separate position completely dedicated to 911 fund eligible duties, there are
parts of several positions that are eligible to be covered by 911 funds. Certain positions were
analyzed and eligible percentages were calculated and applied to applicable personnel expenses.
These types of expenses were budgeted within the Technology Services division within the
General Fund, so they were not budgeted in the 911 Fund.
As a result of accounting for these expenses to the 911 Fund instead of the General Fund, 911
Fund expenditures are $56,878 over budget. As stated earlier, these expenses were
appropriately budgeted in the General Fund, but were not identified as 911 eligible expenditures
until after June 30, 2010. 911 funds can only be utilized for eligible expenditures. All transfers
made into the 911 fund have been thoroughly reviewed by staff and are considered eligible. Staff
felt it was necessary, and crucial to securing the future funding of 911 activities, to take these
actions in order to clearly communicate the actual 911 expense requirements of the Town to the
NC 911 Board.
Fiscal Impact
The General Fund fund balance increased $56,878 as a result of transferring expenses to the
911 Fund, but the 911 Fund fund balance, which is totally restricted for 911 eligible expenses,
decreased by this same amount. Although the FY2010 Comprehensive Annual Financial Report
is only in draft format at this time, the FY2010 NC 911 Board expenditure report has been
submitted and final numbers are not expected to change.
Based on staff’s review, the expenses budgeted in the 911 Fund for FY2011 should be adequate
to cover all eligible expenditures.
Staff recommends Council recognize having received the notification that fund balance in the 911
Special Revenue Fund was utilized to cover the unbudgeted $56,878 in FY2010.
_________________________
d. Proposed Amendments to Town Code of Ordinance (PD11-004)
Committee unanimously recommended amending Chapter 6 of the Town Code of
Ordinances to ensure conformance with changes to state law.
STAFF REPORT
Proposed Amendments to Town Code of Ordinance (PD11-004)
Consideration of amending Chapter 6 of the Town Code of Ordinances
Speakers: Mr. Chris Davis and Major David Wulff
October 14, 2010
Page 34
From: Patricia Bazemore, Chief of Police
Prepared by: Chris Davis, Police Support Services Manager
Executive Summary
Three session laws pertaining to animal control were enacted by the General Assembly in 2009:



Session Law 2009-304 assisting owners in recovering lost pets, relieving overcrowding at
animal shelters and facilitating adoptions
Session Law 2009-327 amending rabies law
Session Law 2009-344 regulating use of certain reptiles
Staff recommends updating the Town’s ordinances to conform to these new provisions.
Discussion
Based on the various changes to state law, staff reviewed Cary’s animal control ordinance to
ensure conformance. The changes are not substantive and include definitions of exotic or wild
animals, adding ferrets to the definition section, using microchip information to locate the owners
of lost/found pets, and clarifying that ferrets are not required to wear the metallic inoculation tag.
Ordinance Amendment
Town of Cary, NC
An Ordinance Amendment of the Town of Cary, North Carolina amending Chapter 6 or the Cary
Code of Ordinances, Animals, as follows.
ARTICLE I. IN GENERAL
Sec. 6-3. Definitions.
Exotic or wild animal means any animal which is not usually and customarily kept as a pet or
domestic animal. A hybrid of any such animal, regardless of genetic percentages, shall be
deemed exotic or wild. Examples of exotic or wild animals include, but are not limited to, any
animal for which a federal or state permit or license is required, and such animals as lions, tigers,
wild cats, wolves, bears, apes, monkeys and raccoons. Also included in this definition are
dangerous reptiles such as alligators and poisonous reptiles and any constricting snake greater
than four feet in length or 20 pounds in weight. Included in this definition are venomous
reptiles, large constricting snakes, alligators, or crocodilians.
Ferret means a domestic mammal of the genus, species, and subspecies Musteal
putorious furo.
ARTICLE II. ADMINISTRATION AND ENFORCEMENT
Sec. 6-27.
(2)
General responsibilities of unit; personal liability of municipal officers,
agents, employees.
Canvassing the town, including dwellings, businesses and institutions in the town as
necessary and practical, for the purpose of ascertaining that all dogs and cats in the
town are duly licensed and adequately inoculated against rabies, and for the purpose of
ascertaining compliance with this chapter and state statutes. In addition, employees
may scan the animal and utilize any information that may be available through a
microchip to locate the owner of the animal, if possible.
October 14, 2010
Page 35
Article III. VIOLATIONS
Sec. 6-73.
Rabies inoculation tags for dogs and cats.
Dogs shall wear rabies vaccination tags at all times, as required by N.C.G.S. 130A190(a). Cats and ferrets are not required to wear the metallic inoculation rabies inoculation
tags, but the owner of a cat or ferret shall maintain the tag or the rabies vaccination certificate as
written evidence to prove the cat or ferret has a current rabies inoculation and shall produce
such tag or certificate as requested by animal control and as otherwise required by law.
Fiscal Impact
N/A
Staff recommends amending Chapter 6 of the Code of Ordinances as shown.
(Ordinance No. 2010-Code-08 is on file in the town clerk’s office.)
_________________________
e. FY 2011 Sidewalk Priority List (PL11-019)
Committee unanimously recommended that Projects 1 through 8 of the FY 2011
Sidewalk Priority List be designed and constructed with the $500,000 budgeted for
FY 2011 and that Project 9 not be included.
Council pulled this item from the consent agenda for discussion. Refer to Item F.1. in these
minutes.
_________________________
f.
Fit Community Recognition and Signage Resolution (PR11-08)
Committee unanimously recommended that the Town of Cary’s designation as a
Gold Level Fit Community as designated by the North Carolina Health and Wellness
Trust Fund be recognized with the installation of updated highway signage by
NCDOT at specific locations throughout town.
STAFF REPORT
Fit Community Recognition and Signage Resolution (PR11-08)
Consideration of adoption of a resolution to recognize the Town of Cary as a Gold Level Fit
Community and approval of installation of Fit Community signs
Speaker: Mr. Dwayne Jones
From: Danny Hopkins, Director, PRCR
Prepared by: Dwayne Jones, Recreation Manager
Approved by: Mike Bajorek, Assistant Town Manager
Executive Summary
October 14, 2010
Page 36
Staff is requesting consideration of adopting a resolution to recognize the Town of Cary as a Fit
Community in order to replace existing Fit Community signs with the new Gold Level designation
signs.
Background
In February 2010, Council approved staff’s request to submit an application to be re-designated
as a Fit Community. “Fit Community”, a designation and grants program, is administered by the
North Carolina Health and Wellness Trust Fund. The program recognizes and rewards municipal
and county efforts in promoting physical activity, healthy eating and lifestyles, along with tobaccofree programs, policies, environments. The designation is a public acknowledgement of the
town's livability and commitment to improving the quality of life for its residents. The Town of Cary
is one of only two communities in North Carolina to have attained the Gold-level Fit Community
status. Cary was the first municipality in Wake County to receive the designation in 2007.
“Fit Community” designees receive highway signage and a plaque to enhance civic pride within
the community. Twelve Fit Community signs were approved to be installed in 2007 by the
NCDOT. The signs will be replaced with updated information to represent the Gold-Level status
designation. The 48 inch x 6 inch signs are placed in the same locations as the Bicycle Friendly
signs. An example of the sign is not available at this time but will be similar to the current sign
attached herein.
October 14, 2010
Page 37
October 14, 2010
Page 38
Fit Community Sign Locations
Kildaire Farm Road approaching 1010 (1 sign)
Penny Road at the intersection with 1010 (1 sign)
Chapel Hill Road approaching Cary from east and west (2 signs)
Cary Towne Boulevard freeway exit towards Maynard Road (1 sign)
North Harrison Avenue approaching Weston Parkway (1 sign)
Aviation Parkway near Lake Crabtree (1 sign)
Walnut Street approaching Dillard Drive (1 sign)
Green Level West Road approaching Highway 55 (1 sign)
Old Apex Road approaching Cary Parkway (1 sign)
Highway 55, approaching Cary from north and south (2 signs)
Fiscal Impact
There is no budget impact for the installation of these signs as they will be installed by existing
Town of Cary staff.
Staff recommends Council recognize the Town of Cary’s designation as a Gold Level Fit
Community as designated by the North Carolina Health and Wellness Trust Fund and installation
of updated highway signage by the North Carolina Department of Transportation at the locations
identified above.
GOLD LEVEL FIT COMMUNITY RESOLUTION
WHEREAS, The Town of Cary was recently designated a Fit Community, a designation
recognizing North Carolina communities that have excelled in promoting healthy lifestyles among
their residents in areas of physical activity, healthy eating in schools and community, and tobacco
prevention efforts with youth; and
WHEREAS, the Fit Community designation is a public acknowledgement of the town’s
livability and commitment to improving the quality of life for its residents; and
WHEREAS, North Carolina Health and Wellness Trust Fund created the Fit Community,
a statewide initiative to combat obesity and overweight, program to reward communities for
supporting healthy lifestyles through healthy eating, physical activity and tobacco free living
through policy and community infrastructure; and
WHEREAS, Fit Together designated Cary as a Gold-Level Fit Community, one of the first
two in the state; and
WHEREAS, A benefit of designation is posting of Fit Community sign panels to be
installed at “Welcome to Cary” or “Cary Town Limit” signs located on state-maintained roads that
will be provided by Fit Community and approved by the local division of the Department of
Transportation for installation by the Town of Cary
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
CARY THAT:
Gold-Level Fit Community sign panels are authorized to be installed at “Welcome to Cary” or
“Cary Town Limit” signs located on state maintained roads.
Adopted by the Town of Cary Town Council on the 14th day of October, 2010.
October 14, 2010
Page 39
(Resolution No. 2010-43 is also on file in the town clerk’s office.)
_________________________
g. Recognition of REI Grant for Hemlock Bluffs Nature Preserve (PR11-12)
Committee unanimously recommended recognizing grant revenue of $20,000 from
REI and the corresponding $20,000 expenditure appropriation in the PRCR operating
budget for replacing trail edgers and making boardwalk improvements on trails at the
Hemlock Bluffs Nature Preserve.
STAFF REPORT
Recognition of REI Grant for Hemlock Bluffs Nature Preserve (PR11-12)
Consideration of recognizing grant revenue from REI to perform trail and boardwalk improvement
projects at Hemlock Bluffs Nature Preserve
Speaker: Mr. Dwayne Jones
From: Danny Hopkins, PRCR Director
Prepared by: Dwayne Jones, Recreation Manager
Executive Summary
Staff recommends accepting a $20,000 grant donation from REI in support of replacing trail
edger’s and boardwalk improvements on trails at Hemlock Bluffs Nature Preserve.
Discussion
In June 2010, in collaboration with the Friends of Hemlock Bluffs, staff submitted a grant request
to REI for $3,500 to implement a Volunteer Workday project in conjunction with National Trails
Day. The project included replacing failed materials on the boardwalk that runs parallel to Swift
Creek. Grant administrators contacted staff in late June 2010 and recommended staff develop a
revised proposal that would implement additional volunteer projects throughout the year. Staff
submitted a revised grant application that included three projects totaling $30,000. The revised
proposal included additional work on the boardwalk, replacement of trail edgers along the
footpaths within Hemlock Bluffs and a creek bank restoration project. In August 2010 staff was
notified that the Town was awarded $20,000 from REI to implement Volunteer Workday projects
to include boardwalk repairs/improvements and replacement of trail edgers.
Fiscal Impact
There are no matching funds required for this grant.
Staff recommends Council recognize $20,000 in grant revenue from REI and the corresponding
$20,000 expenditure appropriation in the PRCR operating budget for replacing trail edger’s and
making boardwalk improvements on trails at the Hemlock Bluffs Nature Preserve.
_________________________
October 14, 2010
Page 40
h. Budget Adjustment: NC Recreational Trails Program Grant Award for
Construction of NC 55 Multi-Use Trail (PR11-13)
Committee unanimously recommended acceptance of $75,000 in Recreational Trails
Program funding for the NC 55 Trail Connection – Batchelor Tunnel project, to be
budgeted within the PR1118 construction/grant restricted account for expenditure.
The Town’s 25 percent match of $25,000 has been satisfied through already
appropriated Town funding within PR1118.
STAFF REPORT
Budget Adjustment: NC Recreational Trails Program Grant Award for Construction of NC
55 Multi-Use Trail (PR11-13)
Consideration of a budget adjustment to recognize revenues from the state of North Carolina for
construction of the NC 55 Multi-Use Trail
Speaker: Mr. Danny Hopkins
From: Danny Hopkins, Parks, Recreation and Cultural Resources Director
Prepared by: Sandi Bailey, Parks Planner
Executive Summary
Staff recommends Council approve and recognize a $75,000 grant from the North Carolina
Department of Parks and Recreation as a result of a grant award from the Recreational Trails
Program. The award is for construction of approximately ½ mile of multi-use trail along NC
Highway 55, to assist with an existing Town of Cary capital improvement project (PR1118).
Background
The NC 55 Multi-Use Trail Project includes constructing several segments of multi-use trail along
the east side NC Highway 55. When completed, this multi-use trail will be approximately one mile
in length and will connect to the pedestrian underpasses for both the White Oak Greenway and
the Batchelor Branch Greenways that currently exist under NC 55. Completion of this project will
provide over eight miles of continuous trail, providing pedestrian access to numerous schools,
parks, shopping areas, office complexes and neighborhoods. Application for this grant was
approved by Council on January 28, 2010.
The total grant project amount is $100,000 with 75 percent or $75,000 provided by the state and
25 percent or $25,000 provided by the Town. The Town’s match amount of $25,000 is satisfied
with already appropriated funding within the PR1118 project. No additional Town appropriation is
required.
Fiscal Impact
Operating: Annual maintenance costs will be included in the Public Works Buildings and Grounds
Operating Budget for maintaining this portion of the NC 55 Multi-Use Trail.
Funding: $565,000 has been appropriated to date to the PR1118 NC 55 Trail Connection –
Batchelor Tunnel project. Encumbrances/expenditures total $65,345 leaving an available balance
of $499,655. $405,000 of the funding to date is funded by general capital reserve fund
unrestricted revenue. This Town appropriation exceeds the $25,000 matching requirement of the
Recreation Trails Program grant discussed in this staff report. Accepting the $75,000
Recreational Trails Program grant will increase PR1118 total appropriations to $640,000 and
bring the available project balance to $574,655.
October 14, 2010
Page 41
PR1118 also includes an STP-DA Grant awarded in April, 2010 in the amount of $160,000. This
funding is programmed by Capital Area Metropolitan Planning Organization (CAMPO) and
administered by NCDOT. Due to a permitting issue related to the proposed alignment, PRCR was
not able to meet the deadline for authorization. CAMPO recently notified the Town that the
$160,000 would be reprogrammed for other projects but that it would still be eligible for future
funding in January 2011. Since the notification, the greenway alignment has been changed
resulting in a more cost effective solution. Staff is continuing to work toward completion of the
design and obtaining all needed approvals from NCDOT to position the project for potential
reprogramming of STP-DA funding by CAMPO. Staff will return to Council with the status of this
grant in early calendar year 2011.
Staff recommends Council accept $75,000 in Recreational Trails Program funding for the PR1118
NC 55 Trail Connection – Batchelor Tunnel project. The $75,000 should be budgeted within the
PR1118 construction/grant restricted account for expenditure. The Town’s 25% match of $25,000
is satisfied through already appropriated Town funding within PR1118.
_________________________
i.
Budget Adjustment: NC Adopt-A-Trail Grant Award for Signage on the
American Tobacco Trail (PR11-14)
Committee unanimously recommended accepting grant revenue $5,000 in Adopt-Atrail grant funding for the PR 1113 – American Tobacco Trail capital improvement
project from the State of North Carolina for purchase and installation of signs along
the American Tobacco Trail, to be budgeted within the construction/grant restricted
account within PR1113 for expenditure.
STAFF REPORT
Budget Adjustment: NC Adopt-A-Trail Grant Award for Signage on the American Tobacco
Trail (PR11-14)
Consideration of recognizing grant revenue from the state of North Carolina for purchase and
installation of signs along the American Tobacco Trail
Speaker: Mr. Doug McRainey
Prepared by: Doug McRainey, Parks Planning Manager & Sandi Bailey, Parks Planner
Executive Summary
The purpose of this staff report is to request Council approval to accept and recognize a $5,000
grant from the North Carolina Department of Parks and Recreation as a result of a grant award
from the Adopt-A-Trail Grant Program. The award is for purchase and installation of informational
signs along the Town of Cary-managed section of the American Tobacco Trail. Staff recommends
acceptance of the award and approval of the associated expenditure authority.
Background
The American Tobacco Trail Signage Project will fund the fabrication and installation of
informational/directional signs along the recently completed 4.67-mile stretch of the American
Tobacco Trail (ATT) located within Chatham County, and currently managed by the Town of
October 14, 2010
Page 42
Cary. This segment of the ATT is the central section of the 23-mile long recreational rail-trail
which traverses urban, suburban, and rural landscapes. Providing appropriate signage along the
trail is critical to provide way-finding for new trail users as well as branding the location of this
regionally significant trail for motorists crossing the trail on a daily basis.
All of the proposed signs will be both informational and directional. They will include maps of the
trail and identifying markers for users. Wake County has already developed signs for the Wake
County portion of the trail. The signs proposed for the Chatham County section of trail will be
similar in nature and design to the already existing Wake County signs. Although there is not a
current cost estimate for the installation of the signs, it is expected to be more than the Adopt-ATrail amount of $5,000. The difference of the cost to install the signs will be covered within the
remaining project balance. Since the project was 100 percent originally funded with a SAFETEA
LU grant from NCDOT, the signs will be fabricated and installed at no cost to the Town.
Application for this grant was approved by Council on January 28, 2010 as PR10-19.
Fiscal Impact
There is no matching requirement associated with this grant award.
Operating: Annual maintenance costs will be included in the Public Works Buildings and Grounds
Operating Budget for maintaining this portion of the American Tobacco Trail.
Funding: A total of $2,391,960 has been appropriated to date to the PR1113 American Tobacco
Trail Project. Encumbrances/expenditures total $1,983,540 leaving an available balance of
$408,420. The actions requested in this staff report will increase the overall project by $5,000 and
increase the remaining balance by $5,000.
Staff recommends that Council accept $5,000 in Adopt-A-trail grant funding for the PR 1113 –
American Tobacco Trail capital improvement project. These funds will increase the overall project
budget and remaining balance by $5,000 and the funds should be budgeted within the
construction/grant restricted account within PR1113 for expenditure.
_________________________
j.
Status Update on Odor Control Improvements (PWUT11-03)
Committee unanimously recommended recognition of the update from staff on the
current status of odor, noise and nuisance mitigation efforts at NCWRF and SCWRF
and approval of budget adjustments to reduce project budgets as follows:
 Reducing SW1112 South Cary Water Reclamation Facility Odor Control project
appropriations by $5,237,439 decreasing SW1112 unissued revenue bond
appropriations from $6,494,962 to $1,257,523.
 Reducing SW1102 North Cary Water Reclamation Facility Odor Control project
appropriations by $3,453,040 decreasing SW1102 unissued revenue bond
STAFF REPORT
Status Update on Odor Control Improvements (PWUT11-03)
Update to Council on the current status of odor, noise and nuisance mitigation efforts at NCWRF
and SCWRF and consideration of budget adjustments to reduce project budgets
October 14, 2010
Page 43
Speaker: Mr. Jamie Revels
From: Stephen J. Brown, P.E., Director of Public Works and Utilities
Prepared by: Jamie Revels, P.E., Utilities Director
Executive Summary
Staff is providing an update to Council on odor control and aesthetic nuisance mitigation projects
and initiatives that have either been completed or remain underway at Cary’s two water
reclamation facilities. Staff further requests Council consideration of reducing appropriations of
capital funding allocated to projects SW1112 and SW1102 for odor control projects at both water
reclamation facilities.
Background
During the last 10 years, residential and commercial development has become more prevalent
around Cary’s water reclamation facilities, expanding close to the property boundary at South
Cary Water Reclamation Facility, (SCWRF); while North Cary Water Reclamation Facility,
(NCWRF) borders I-40 and shares a property line with commercial development. The new
development has placed great pressure on both facilities to blend with their respective
communities and adapt quickly to changing demographics in much closer proximity. While both
facilities operated extremely well in moderate to low density suburban environs, changes were
required to blend with more densely populated communities. Changing community dynamics
compelled the implementation of numerous improvements, which have dramatically reduced or
eliminated odor, noise, and other aesthetic impacts to the communities surrounding both of
Cary’s water reclamation facilities.
Many improvements have been made at both facilities since 2004, including implementation of
several capital upgrades and reviewing all aspects of program management and operations. The
largest single program management initiative was changing Cary’s biosolids processing approach
from traditional land application to thermal biosolids drying. This comprehensive program change
allowed Cary’s utility staff to greatly minimize offsite odor potential by substantially reducing
onsite biosolids inventories, reducing biosolids storage time, reducing solids concentrations and
improving aeration characteristics. At the same time, the biosolids drying initiative offset other
sizeable capital upgrades, such as aerated holding tank covers, scrubbers and additional aerated
biosolids storage capacity that would have been required to sustain the former land application
program. Other enhancements such as improved scrubbers, better aeration systems, sound
barriers, light mitigation, chemical application dosing improvements, facilities management
enhancements, and grounds maintenance improvements have all dramatically reduced
noticeable impacts of these facilities on surrounding communities. A more complete description of
odor control and aesthetic nuisance mitigation measures implemented to date has been attached
herein.
***************
ATTACHMENT A: Detailed Information on Odor Control and Aesthetic Nuisance Mitigation
Measures Implemented at NCWRF and SCWRF.
North Cary Water Reclamation Facility
In the late winter and early spring of 2004, the North Cary Water Reclamation Facility (NCWRF)
became the source of considerable off-site odor complaints when a severe mechanical
malfunction of an aeration system interrupted the normal biosolids treatment process. This was
primarily caused by a large backlog of concentrated liquid biosolids that had accumulated in
storage tanks due to prolonged wet weather that hindered the Town’s ability to land apply on
farmland. Up to that time, land application was the Town’s primary means of biosolids disposal.
The accumulated biosolids following three months of concentrated storage during wet and cold
October 14, 2010
Page 44
winter weather conditions quickly became odorous resulting in numerous odor complaints from
the plant’s neighbors. In response, the Town temporarily abandoned land application and
undertook emergency measures, including rental of additional treatment equipment and
contracting with biosolids vendors to quickly reduce on-site inventory. The emergency operation
gradually diminished offsite odor potential and allowed the mechanical malfunction to be repaired.
The Town also commissioned engineering consultants, CDM, to conduct and prepare an Odor
Identification and Abatement Study for the NCWRF (ref: EN04-084, May 13, 2004 Town Council
minutes). This study identified odor sources on the plant site and recommended operational and
capital improvements to prevent another occurrence of off-site odors. The report was completed
in August 2004. A companion study was also completed in February 2005 by CDM for the South
Cary Water Reclamation Facility. Each of these studies recommended operational changes and
capital improvements for odor control systems at each plant. The bulk of the recommended
improvements were associated with covering and scrubbing long term biosolids storage facilities.
Capital funding was provided beginning in FY2005 for design and construction of odor control
improvements. Another recommendation focused on minimizing solids concentrations and
keeping all stored biosolids well aerated to prevent odor formation by not concentrating above
three percent solids concentration. This was exceptionally challenging under the former land
application program because there wasn’t sufficient aerated tank storage to prevent concentrating
the biosolids as required to meet long term storage requirements.
In November 2005, the Town completed construction of a Thermal Biosolids Dryer at SCWRF.
The Town had been evaluating alternative biosolids treatment methods since the mid 1990’s to
address expanding capacity, changing environmental regulations and increasing difficulty
securing sufficient farmland for land application. Several engineering and environmental
consultants helped the Town determine and confirm that thermal drying would be the most
economical and environmentally responsible long-term method of disposal. This evaluation was
crucial considering Cary’s position in a rapidly developing region, which further extended the
distance to many suitable land application sites up to 60-miles.
The dryer fundamentally changed the Town’s biosolids treatment program. The dryer permits
very rapid treatment of biosolids and their subsequent removal from our sites in contrast to land
application disposal which stores liquid biosolids onsite at higher concentrations for 25-50 days or
longer to meet minimum regulatory requirements for disposal. Biosolids are now removed from
the NCWRF every week, taken to the SCWRF, where they are blended with SCWRF biosolids
and thermally dried into pellets for beneficial reuse as high-quality fertilizer. The thermal drying
process produces the highest quality final product, classified as “Class A - Exceptional Quality” by
EPA. This classification has virtually no restrictions on end use or human contact. The dryer
permits us to completely treat and dispose of biosolids now in as little as seven days. This time
advantage greatly reduces the potential for odorous conditions to develop by reducing biosolids
inventories to about one-third of what was required to sustain land application. Where we once
had large aerated digesters holding material for over a month, we now have small tanks that only
hold material for a few days. We now produce a much higher quality final product for less money
and with much less risk of offending surrounding neighborhoods. A significant result of the
change in biosolids treatment is that the Town has not needed to expend much of the originally
anticipated capital funding for odor control.
The NCWRF staff first installed biofilters at the plant pump station in 2000 and the biofilters have
worked very well since that time, but they do require routine maintenance to change out media for
maximum performance. A portion of the current odor control funding has been utilized to provide
a new biofiltration system at the wastewater splitter box structure, which is relatively close to I-40
on the plant site. This new odor control system has been operational since April and removes
over 98 percent of odor compounds at this station within the plant. Other smaller improvements
include dumpster covers, headworks odor scrubbers and ensuring biosolids are consistently
stored under aerobic conditions.
October 14, 2010
Page 45
At this time, the NCWRF is operating free of odor, noise and aesthetic nuisance issues. The
Town has not received any odor complaints attributed to NCWRF in over five years. The primary
cause of odor during 2004 was storage of liquid biosolids awaiting land application. While land
application, which required extensive periods of biosolids storage, was the permitted biosolids
option prior to 2005, the biosolids dryer approach has substantially reduced odor potential at both
facilities. The thermal drying approach facilitated operational improvements that have contributed
to substantial reductions in odor potential.
South Cary Water Reclamation Facility
Historically, the SCWRF has been in a much more rural environment than NCWRF. However,
that all changed during the early 2000’s with development of large tracts of land surrounding
SCWRF, which formed the Park at West Lake community developed under Wake County
planning standards. By 2004, homes were being constructed in very close proximity to the
headworks of SCWRF, where wastewater first enters the plant and typically where the most
intense odors are observed. Presently, development of single family homes has encircled the
northern perimeter of the plant site and infill development is continuing throughout the community.
During 2004, SCWRF was encountering some of the same issues with long term biosolids
storage that were prevalent at NCWRF during the same time. A long wet winter season escalated
onsite biosolids inventories and increased the potential for odors caused by concentrating liquid
biosolids for long term storage. The biosolids dryer, which was constructed at SCWRF in 2005
accompanied by improved biosolids aeration (completed in early 2008) mitigated the impacts of
extended biosolids storage and dramatically reduced the volume and concentration of biosolids
managed onsite essentially eliminating offsite odor that originates from the aerated biosolids
holding tanks.
Once the stored biosolids odor was mitigated, other odors were more noticeable particularly in
the headworks area of the plant, which was much closer and more localized to a smaller group of
adjacent homeowners. Through a series of capital upgrades, the entire headworks area was
covered and scrubbed. During construction, temporary scrubbers and misters were utilized in
addition to improving the chemical dosing program to minimize odor formation before reaching
the plant. This effort culminated with the startup of a new two-stage headworks odor scrubber
during the late summer of 2009. Since startup of the new scrubber, headworks odor problems
have been nearly eliminated. Further improvements are currently underway at the headworks
area to better seal and contain odors from above ground equipment that removes screenings and
grit from wastewater as it enters the plant. Once the equipment upgrades have been completed,
the new equipment will be connected with the new headworks scrubber to further reinforce odor
removal at this area of the plant.
During the same time, noise and other aesthetic nuisance impacts were being addressed in a
continuing effort of adapting to changing conditions on the northern perimeter of the plant site. By
2007, a large storm water detention pond associated with the new neighborhood had been sited
directly on the northwest perimeter of the plant site, which removed an already sparsely
populated tree buffer and opened a substantial line of sight directly into the plant. This action had
the immediate impact of creating light spillover into the community. With the line of sight open to
the plant and most of the tree buffer removed, the net effect was increased community exposure
to noise, dust and truck traffic. Several measures were taken to mitigate these impacts including:
rerouting all truck traffic away from gravel access roads and directly onto paved roads interior to
the plant, providing opaque curtains to cover visible windows at higher elevations in the dryer
building, and turning off and redirecting plant security lights to project light inward toward the
interior of the plant site. These operating changes created an immediate benefit to the community
with very little cost impact.
Noise impacts, although more challenging to mitigate, were also given special consideration. An
especially challenging element of mitigating noise impacts is that sound waves travel up and over
boundaries and can be extended to much greater distances based on atmospheric weather
conditions. Noise mitigation efforts were targeted specifically to blower locations, which have
October 14, 2010
Page 46
been found to be the largest noise sources within the plant. The plant staff began noise mitigation
work by testing noise sources and subsequently implementing a proactive approach of
constructing noise enclosures at sensitive locations. Typically, the enclosures sought to absorb
sound waves with mineral wool or other insulation, or redirect sound away from the community by
focusing noise interior to the plant. This approach worked well for reducing noise originating from
building enclosed equipment. For outdoor equipment, sound walls were constructed to
substantially reduce noise carrying offsite. In one especially sensitive location where outdoor
pumps and blowers were sited adjacent to aerated biosolids holding tanks, a 14-foot high sound
absorbing wall was constructed to enclose blower and equipment noise. This wall was completed
by May 2009. Since that time, noise from the aerated holding tanks has been substantially
reduced. Further improvements in this area include the construction of a buried air header to
redirect aeration to an enclosed blower assembly inside a sound attenuated building. This
improvement made another significant reduction in noise from this area of the site and was
completed in July 2010. There have also been numerous noise enclosures built by plant
maintenance staff that has been installed around outdoor blowers and pumps at the headworks
area, silo storage, effluent filters, scum digester and effluent filters.
In a continuing effort to blend with the community, the SCWRF plant staff has also undertaken
several initiatives to soften the appearance of the facility. Just last fall, PWUT staff from Facilities
Management conducted a major tree and shrub planting on the northern perimeter of Town
property at SCWRF to reestablish an opaque buffer around the site. The plant entrance has been
landscaped and the plant sign has been improved with updated features and enhanced
landscapes surrounding this area. Entrance features to the administration building have been
repaired and other Town infrastructure outside the fence line has been repaired and restored to
new condition. This initiative to improve the plant appearance has been received favorably by our
neighbors and further improvements are planned for this fall.
When the dryer facility was first constructed in 2004 and 2005, it was designed without an exterior
odor scrubbing system. As development continued to build around SCWRF, chemical based odor
control methods were utilized to reduce odor from the drying facility. In 2009, an odor
characterization study was initiated with engineering consultants, Brown & Caldwell, to determine
the best long term methods to address intermittent odors from the dryer facility. The study
recommended pilot trials of a carbon scrubbing system enhanced with permanganate to treat air
and water vapor from the dryer facility. The carbon scrubbing system has been recently installed
at the dryer building and is now operational at SCWRF. This upgrade has worked extremely well
since it has been operational and has nearly eliminated all odor from the dryer complex.
With the dryer facility odor scrubber and all remaining headworks upgrades underway, major
capital improvements are nearing completion. Future operations will focus on improving current
methods of odor, noise and aesthetic nuisance mitigation and continuing to improve odor
containment and sealing. The collection system chemical dosing program has been dramatically
improved and that program will be sustained in the future to inhibit odor formation in the collection
system. Further improvements are planned for the landscape buffer along the northern perimeter
until an opaque buffer emerges.
Summary
Following is a summary of the odor control improvements and other efforts to address aesthetic
concerns that have been completed at the Town’s two WRF’s:
NCWRF
 Dramatically reduced on-site inventory of biosolids to approximately 1/3 of the volume
required during the land application program.
 Significantly reduced solids concentration to ensure effective aeration.
 Maintaining lower-strength blend of biosolids in holding tanks to prevent formation of odors
that may result from higher-strength material.
October 14, 2010
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





Considerable field investigations to identify hard-to-isolate individual odor and noise sources
so they can be addressed effectively.
Additional electronic instrumentation and computerized process controls to allow staff to best
optimize treatment processes.
Odor scrubber at influent pump station.
Odor scrubber at plant headworks.
Dumpster enclosures.
New biofiltration scrubber at influent splitter box.
SCWRF
 Covered and sealed headworks structures.
 Constructed redundant two-stage advanced-media odor scrubbers at the portions of the plant
in closest proximity to residential development.
 Considerable field investigations to identify hard-to-isolate individual odor and noise sources
so they can be addressed effectively.
 Additional electronic instrumentation and computerized process controls to allow staff to best
optimize treatment processes.
 Improving seals, covers, etc. to thoroughly contain odor for treatment.
 Constructed buried air header to utilize alternate blower capacity for reduced noise.
 Providing an odor scrubber and containment at influent splitter box structure.
 Eliminated large trucks from traveling on gravel access road to eliminate dust concerns.
 Rerouted all plant traffic to paved roads interior to the site for noise and dust control.
 Enhanced on-site landscaping and vegetation to replace visual screening lost to
development.
 Constructed noise enclosures at sensitive locations to lessen blower noise.
 Reduced light emissions by shielding or turning off non-essential lighting at night.
 Constructed noise absorbing wall technology for noise reduction.
 Changed operating schedules for noise and odor reduction.
 Improved chemical feeds to the collection system for enhanced odor control.
 Increased frequency of waste screenings and grit removal.
 Improved headworks screening conveyance odor containment.
 Provided covered dumpsters.
 Provided sealed containment of grit.
 Constructed carbon scrubber for drying facility.
Conclusions
The change to biosolids drying prevented the need for additional aerated sludge storage, tanks
covers and odor scrubbers at NCWRF in the digester area by removing a substantial odor
potential from our operations. Expensive covering of existing aerated holding tanks and odor
scrubbers at SCWRF was avoided because biosolids have been blended and contained in an
improved aerated holding facility allowing biosolids to remain at suitable concentrations with
enhanced aeration technology to prevent odor formation. Beyond the change to biosolids drying
there have been numerous capital improvements, operating enhancements and program
management opportunities that have collectively targeted multiple sources of odor, noise and
aesthetic nuisance conditions. The vision for odor, noise, and aesthetic nuisance mitigation has
focused on plant wide improvements to improve the entire facility. The collective sum of many
small process oriented improvements, station by station, have been more effective than large
magnitude capital upgrades, covers, scrubbers, etc. that may benefit one unit process at great
cost while not mitigating odor in other areas. To date, great strides have been made in
substantially improving conditions surrounding the WRF’s and more work is planned in the near
future.
The Town’s current odor and aesthetic nuisance control strategy is to control off-site detection of
odor, light and noise all of the time so that odor doesn’t get offsite except during unusual or
October 14, 2010
Page 48
emergency circumstances, such as major storms and unusual weather events. Many other
communities across the nation have struggled with development approaching treatment works
that were once located in isolated rural areas. Cary effectively and efficiently has met these
challenges at its NCWRF and SCWRF. Our organization and operational culture has adapted to
take complaints seriously and vigorously investigate and solve any issues that may arise.
Sufficient capital funding has been provided to make necessary facility improvements. Remaining
capital improvements will be relatively small in scale as we finalize treatment of any remaining
sources of odor, noise or other nuisance conditions.
The proposed Western Wake WRF has been designed with these lessons learned in mind. The
proposed biosolids treatment process reflects the success of our existing thermal drying process,
including extensive odor and noise control practices with backup systems. Aesthetic
considerations as stringent or greater have been incorporated into design plans and will be
operational and fully functional from the onset of plant operations.
***************
The utility operations staff members at both facilities recognize the importance of aesthetic
nuisance prevention to the overall success of these facilities. Accordingly, aesthetic nuisance
mitigation is among the very highest priorities on par with fundamental performance goals
required by State-issued operating permits. To achieve high standards expected by our
neighbors, improvements are still underway at both facilities to meet aggressive goals of no
detectable offsite odor, noise or nuisance impacts except during unusual and severe weather
conditions and/or emergency operating circumstances. The operations staff constantly monitors
conditions at these facilities with extended monitoring well into their respective communities to
prevent these impacts every single day. Cary’s utility operations staff has set very high goals for
these facilities and strives each day to blend seamlessly with their surrounding neighbors.
Fiscal Impact
Operating: There are no operating impacts associated with this particular staff report. The
operating expenses associated with the capital infrastructure discussed in this staff report are
already addressed in the Town’s existing annual operating budget.
Funding: Two capital projects were established for odor control improvements at both water
reclamation facilities. $8,568,298 has been appropriated to the SW1112 South Cary Water
Reclamation Facility Odor Control project. Since that time, $2,380,859 has been encumbered
and/or expended leaving an available balance of $6,187,439. There are approximately $950,000
of remaining upgrades required to complete the South Cary Water Reclamation Facility’s current
odor control and aesthetic nuisance mitigation plan. Staff recommends reducing SW1112’s
budget by $5,237,439 resulting in an available project balance of $950,000. The $5,237,439
being eliminated from this project will reduce SW1112’s unissued revenue bond appropriations
from $6,494,962 to $1,257,523.
$5,486,000 has been appropriated to the SW1102 North Cary Water Reclamation Facility - Odor
Control project. $182,960 has been encumbered and/or expended leaving an available balance of
$5,303,040. There are approximately $1,850,000 of remaining upgrades required to complete the
North Cary Water Reclamation Facility’s long range odor control and aesthetic nuisance
mitigation plan. Staff recommends reducing SW1102’s budget by $3,453,040 resulting in an
available project balance of $1,850,000. The $3,453,040 being eliminated from this project will
reduce SW1102’s unissued revenue bond appropriations from $5,296,418 to $1,843,378.
Staff recommends:
October 14, 2010
Page 49
1. Reducing SW1112 South Cary Water Reclamation Facility Odor Control project
appropriations by $5,237,439. This will decrease SW1112’s unissued revenue bond
2. Reducing SW1102 North Cary Water Reclamation Facility Odor Control project
appropriations by $3,453,040. This will decrease SW1102’s unissued revenue bond
_________________________
k. Results of Community Feedback for Cary Parkway and High House Road
Traffic Operations (EN11-022)
Committee unanimously recommended that this be tabled and considered by council
at a work session during the FY2012 budget review process in conjunction with
proposed changes to related ordinances and major road construction and
development projects in the area that might impact the intersection further.
minutes.
_________________________
l.
Triangle Expressway Southeast Connector (EN11-024)
Committee unanimously recommended that staff forward Town of Cary comments to
the NCTA regarding the proposed NC 540 Triangle Expressway Southeast Extension
study with the additional comment that the Town would like to see a bypass for US
54 as part of the extension.
STAFF REPORT
Triangle Expressway Southeast Connector (EN11-024)
Consideration of forwarding comments to the North Carolina Turnpike Authority regarding the
proposed NC 540 Triangle Expressway Southeast Extension study
Speaker: Mr. Todd Delk
Prepared by: Todd B. Delk, P.E., Engineer
Executive Summary
The North Carolina Turnpike Authority (NCTA), a division of the North Carolina Department of
Transportation (NCDOT) has requested that the Town of Cary provide comments to them
identifying potential concerns related to the proposed NC 540 Triangle Expressway Southeast
Extension study. The NCTA will consider these comments during the environmental impact study
(EIS) process. Staff recommends submitting comments to NCTA by the October 23, 2010
deadline.
Background
The North Carolina Turnpike Authority continues to move forward with planning, environmental,
and engineering studies for the proposed NC 540 Triangle Expressway Southeast Extension.
October 14, 2010
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This project combines to form the southern and eastern portions of the Outer Loop around
Raleigh and surrounding communities, completing the Outer Loop (map is attached herein).
October 14, 2010
Page 51
Construction of the Triangle Expressway Southeast Connector is currently planned to be
completed in phases. Phase I is between NC 55 in Apex and Interstate 40 near the Johnston
County Line. Phase II continues the project at I-40 and ends at the US 64/US 264 Bypass in
Knightdale (map is attached herein).
The NCTA is preparing an environmental impact statement (EIS) for the Triangle Expressway
Southeast Extension project in accordance with the National Environmental Policy Act (NEPA).
The EIS will consider alternatives that include improving existing roadways, alternatives that
involve building a new location facility and various non-highway alternatives. The draft EIS is
anticipated to be completed in 2012, and the final is to be completed with a record of decision in
2013.
Staff reported to Council on the first round of public workshops at the March 10, 2010 Town
Council meeting (see EN10-046A) and developed comments identifying potential concerns that
should be considered by the NCTA during the study process. Based on Council direction, the
Mayor sent a letter with comments to the NCTA (attached to an incorporated herein as Exhibit A)
on March 17, 2010 addressing the Town’s concerns on the project.
Since the workshops in early 2010, NCTA has developed the purpose and need statement for the
project, highlighting the need to:



improve mobility for the movement of people and goods,
increase transportation options for efficient local and through travel in the Triangle region,
and
improve existing and projected poor levels of service (LOS).
Based on the identified transportation needs, the purpose of the proposed project is to improve
transportation mobility in the study area and enhance connectivity between rapidly growing
October 14, 2010
Page 52
communities south and east of Raleigh and major employment centers within the Triangle Region
in order to provide additional high-speed, safe and efficient regional transportation infrastructure
for both local commuter trips and regional interstate and intrastate travel. A more detailed
summary of the purpose and need statement is provided in the NCTA reported attached to and
incorporated herein as Exhibit B, along with the presentation provided to the NC Capital Area
Metropolitan Planning Organization (CAMPO) at its September 2, 2010 Technical Advisory
Committee (TAC) meeting.
NCTA has also developed a number of alternatives for consideration as part of the EIS process.
A qualitative first screening was performed to determine if the following alternative concepts met
the defined purpose and need:







No Build
Mass Transit / Multi-Modal
Transportation System Management (TSM) (includes activities which maximize the efficiency
of the present transportation system)
Travel Demand Management (TDM) (includes measures and activities that change traveler
behavior
Improvements to Existing Roadways (arterial widening and freeway upgrades)
New Location Roadways
New Location / Improve Existing Roadways Hybrids
The screening determined only the Improved Existing Roadways (Freeway Upgrades), New
Location Highways, and New Location / Improve Existing Roadways Hybrid alternatives would
meet the requirements outlined and would be moved forward in the process.
NCTA has developed 11 alternative alignments as shown below.
October 14, 2010
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Improve Existing Alternative
October 14, 2010
Page 54
Hybrid New Location/Improve Existing Alternative
The nine New Location corridors (refer to Index Map, Map 1, Map 2, and Map 3 attached herein)
have been evaluated to estimate preliminary impacts based on available GIS data, information
from previous studies, and recent site visits.
October 14, 2010
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Index Map
Map 1
October 14, 2010
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Map 2
October 14, 2010
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Map 3
Discussion
A public workshop was held by the NCTA on September 22, 2010 at Holly Springs High School
as one of three area workshops. NCTA will host additional open houses at later stages in the
project to receive citizen concerns, as well as mail a newsletter to persons who own property
within the study area as they did for this series of workshops. NCTA has also set up a project
hotline and a project blog at http://southeastextension.blogspot.com, in addition to holding small
group meetings with stakeholders.
The NCTA is seeking input from local representatives and municipalities on the project Purpose
and Need Statement and on which alternatives to carry forward as Detailed Study Alternatives in
the Draft EIS. Written comments are due to the NCTA on October 23, 2010.
Continued cooperation and involvement with the NCTA throughout the life of this project is
critical. In addition to the comments identified in the March 2010 letter from the Mayor, staff has
identified the following comment on the Purpose and Need Statement for the NC 540 Triangle
Expressway Southeast Extension project:

The NCTA should develop a more concise and specific Purpose and Need Statement
outlining the specific elements that the alternatives will be designed to meet.
Staff has reviewed the preliminary alignments for the new location corridors and finds them
reasonable and feasible alternatives for additional study and refinement.
Fiscal Impact
None.
Staff recommends submitting the above referenced Town of Cary comments to the North
Carolina Turnpike Authority and requests feedback from Council if they have additional
comments to send to NCTA by the October 23, 2010 deadline.
October 14, 2010
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The estimated impacts are outlined in Table 1 attached herein with each alternative identified by
its color alignment (west to east) on the attached maps.
October 14, 2010
Page 59
October 14, 2010
Page 60
_________________________
m. WakeMed Soccer Park Improvements (PR11-09)
Committee unanimously recommended authorization to reprogram the $265,877
project balance within the PR1141 Soccer Park –FY 2009 project to support design
services associated with new team facilities and additional seating at the WakeMed
Soccer Park.
STAFF REPORT
WakeMed Soccer Park Improvements (PR11-09)
Consideration of reprogramming existing capital funding to complete improvements at WakeMed
Soccer Park
From: Danny P. Hopkins, Director, PRCR
Prepared by: Doug McRainey, Parks Planning Manager and Paul Kuhn, Senior Parks Planner
Executive Summary
The purpose of this staff report is to obtain approval to reprogram existing capital funding in the
PR1141 Soccer Park – FY2009 project for design services associated with planned seating and
facility expansions at the WakeMed Soccer Park.
Background
The WakeMed Soccer Park is a 158-acre athletic complex located in east Cary. The park is
comprised of a total of eight fields. The 7,000 seat WakeMed Stadium anchors this facility with
locker rooms for teams and officials, concessions, restroom facilities, a press box, two luxury
suites and two training rooms. Adjacent to the WakeMed stadium is the smaller lighted Koka
Booth Stadium which has permanent seating for 500 and shares many of the WakeMed Stadium
amenities. The park also has five full size fields and a half field for training and youth matches. A
cross country course encircles the park and hosts many local, regional, and national events
throughout the year, some with as many as 2,500 runners. In 2004, the Town of Cary assumed
management and operational responsibilities for the park.
In September 2008 the Town of Cary was selected as one of six cities across the U.S. as an
inaugural member of the NCAA’s Championship City “Pilot Program”. The other five cities
selected for the program are Cleveland, Indianapolis, St. Louis, San Diego and San Antonio.
The Championship City pilot program features multiple host opportunities of NCAA Division I, II
and III men’s and women’s championships. The centerpiece of the Championship City pilot
program is a long-term agreement between the NCAA and each host city to bring a wide array of
championships and ancillary events to the six geographical areas over the course of several
years. A critical component of the Town’s involvement in the NCAA Championship City program
is retaining the College Cup Soccer Championships.
Since 2005, the estimated economic impact on the region from hosting these events is
approximately $12 million. In an effort to continue being a host city, the Town recently submitted a
bid for the NCAA College Cup for 2011, 2012 & 2013.
October 14, 2010
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Discussion
In 2009, the Wake County Board of Commissioners and City of Raleigh Council pledged
$10 million in interlocal occupancy tax funds to the Town of Cary. The approved $10 million is to
help fund capital improvement projects at the Town’s three athletic venues (WakeMed Soccer
Park, USA Baseball and the Cary Tennis Park). $5.8 million of the $10 million has been allotted to
WakeMed Soccer Park for stadium additions, field enhancements and seating improvements.
These projects are considered the highest priority out of all Town of Cary projects receiving this
interlocal funding.
The proposed Wake Med Soccer Park projects were selected based on meetings held with
officials from the NCAA and the RailHawks professional soccer team. The top priorities for the
soccer park are a new video board, seating expansion and new team facilities at WakeMed
Stadium.
The NCAA has requested confirmation that these improvements will be completed at WakeMed
Stadium during the time period of the bid so the Town could qualify for consideration for future
events. Both the NCAA and the ACC are major repeat user groups that hold their championships
at the WakeMed Soccer Park. The ACC held both their women’s and men’s soccer
championships at the park during 2003-2005 and since then has been alternating either the
women’s or the men’s championship at the park.
The NCAA has held Division 1 championships at the park each year since 2003. The men’s
championships were held in 2005, 2007 and 2009. The women’s championships were held in
2003, 2004, 2006 and 2008 and will continue in 2010. Both groups stated that they return to
WakeMed Soccer Park because of the quality of both the stadium field and the practice fields.
Events that these groups host typically need many multi-purpose areas. In the past, tents have
been utilized to meet this need, but NCAA and ACC officials feel that at a minimum the WakeMed
Stadium should have four locker rooms. The NCAA and ACC representatives expressed that
while the temporary press box constructed for events on Field 2 was adequate, the tents used as
locker room/changing facilities were not. Temporary changing facilities were set up in portable
tents, but their location required players to travel through the stands to reach the fields. Currently,
the existing stadium features two full locker rooms, team room and a meeting room without
lockers or showers that is currently used as office space by the RailHawks. This space currently
works fine when only two teams are playing. However, additional space is needed when multiple
games are played and/or tournaments are held.
These proposed improvements for WakeMed Stadium are also identified in the draft update to the
WakeMed Soccer Park’s Master Plan that the PRCR Department is currently finalizing. This
18-month planning effort has included focus group meetings with the public and user groups. The
Master Plan Update will soon be submitted to Council for its review.
Staff recommends proceeding with the planning for WakeMed Stadium improvements.
Specifically, this includes initiating design for both the new team facilities and the seating
expansion at the north end of WakeMed Stadium by an additional 3,000 seats.
Seating Expansion
Increasing the stadium capacity from 7,000 seats to 10,000 seats will help attract and retain the
NCAA Championships which occur each fall. The north end zone is where this can occur without
negative impacts to other areas. Whereas the ultimate capacity for the WakeMed Stadium is
recommended to increase to 15,000 seats, increasing the capacity of the stadium to 10,000 in the
short term will help in keeping Cary’s bid proposals competitive with the growing number of other
communities that are in the process of constructing larger stadiums. In addition, by expanding to
10,000 seats the Town will increase the number of games/events to bid on which also require a
minimum of 10,000 seats as shown below.
October 14, 2010
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New Team Facilities
It is recommended that a new, two-story building be constructed in the southwest corner of
WakeMed Stadium. The lower level would include two team rooms and would provide access
directly onto the Koka Booth and WakeMed Stadium field. The upper level (which would access
directly onto the WakeMed Stadium plaza) would include multipurpose space that can be used for
large events as well as for regular programming/rentals by the Town of Cary. (Refer to Exhibit C
which is attached to and incorporated herein.)
Below is a listing of the next steps, associated costs and schedule to complete the stadium
expansion project:
October 14, 2010
Page 63
Required
Funding
Task
Design (Schematics for
stadium expansion and
design development of
new team facility)
Team Facilities
$265,877
$1,500,000
Stadium Expansion
$900,000
Total
Source of Funding
Schedule
PR1141 (Current balance
= $265,877)
Design to be
completed by August
2011. Project will be
bid in September
2011.
Construction funding for
the team facilities and
stadium expansion will be
made a priority during the
FY 2012 capital
improvements budget
process.
Construction expected
to begin Jan. 2012
with a completion date
of Oct. 2012.
$2,665,877
Fiscal Impact
Operating Impact
Staff analysis of the potential economic impact of these facility improvements indicates that the
Town of Cary could expect approximately $200,000 of additional net revenue per year. The
annual regional economic impact is estimated at approximately $1 million per year.
Funding
To fund the design of the team facilities and stadium expansion, staff is requesting Council
approval to reprogram existing remaining balance within the PR1141 Soccer Park – FY2009
project. PR1141 was to fund the construction of a second concession facility within WakeMed
Stadium. $585,000 has been appropriated to date to PR1141. Expenditures/encumbrances to
date total $319,122 leaving an available balance of $265,877 which is sufficient to cover both the
schematic and design development phases for the stadium seat expansion and team facility.
The Town completed construction of the first concession facility in March of 2010. While
additional concession facilities are recommended in the near future, this recently completed
concessions facility will cover concession needs within the stadium for the short term.
The cost to construct the stadium expansion ($900,000) and the team facility ($1,500,000) is
estimated to total $2.4 million and will need to be considered during the FY2012 capital budget
process.
It is important to note that $5.8 million in occupancy tax funding has been approved jointly by the
Wake County Board of Commissioners and City of Raleigh Council for the WakeMed Soccer Park
stadium and team facility expansion projects. However, while immediate facility needs exist at the
WakeMed Soccer Park, the Town is not scheduled to begin receiving the approved occupancy
tax funding until January 1, 2013. The stream of expected payments is summarized in the
following schedule. These funds will be incorporated as received into future respective capital
programming.
Funds to be
Disbursed to Town
on Jan 1
Amount
2013
400,000
2014
1,000,000
October 14, 2010
Page 64
Funds to be
Disbursed to Town
on Jan 1
Amount
2015
1,000,000
2016
1,300,000
2017
1,700,000
2018
2,600,000
2019
2,000,000
TOTAL
10,000,000
Staff Recommendation: Staff requests Council authorization to reprogram the $265,877 project
balance within the PR1141 Soccer Park –FY2009 project to support design services associated
with new team facilities and additional seating at the WakeMed Soccer Park.
_________________________
n. Donation of National Veterans Freedom Park (PR11-10)
Committee unanimously recommended accepting the donation of the National
Veterans Freedom Park to the Town of Cary as follows:
 Council approves in principal the acceptance of the 11-acre Veteran’s Freedom
Park property from the Veteran’s Freedom Park Foundation and the proposed
Veteran’s Freedom Park Monument from SAS Institute.
 Council approves in principal the scope of the site plan to include a 15-car
parking lot constructed of gravel as well as waiving the road improvements and
utility line extensions for the Veteran’s Freedom Park project.
 Council authorizes staff to negotiate with SAS and the Veteran’s Freedom Park
Foundation on the proposed transfer of the Veteran’s Freedom Park site to the
Town of Cary with the understating that any future plans or improvements to the
site be for the purpose of furthering the park as a memorial to veterans, with staff
to return to Council with the agreement for review and approval.
 Council agrees to provide capital funding for site improvements on the Veteran’s
Freedom Park, with staff to return to Council with a detailed listing of those costs.
STAFF REPORT
Donation of National Veterans Freedom Park (PR11-10)
Consideration of accepting conditions for the donation of the National Veterans Freedom Park
(NVFP) to the Town of Cary
From: Danny P. Hopkins, Director, PRCR
Prepared by: Doug McRainey, Parks Planning Manager, PRCR
Executive Summary
October 14, 2010
Page 65
This staff report outlines the issues involved with accepting the donation of the NVFP property
from the NVFP Foundation and the proposed NVFP Monument from SAS Institute. Staff seeks
direction from Council on whether to develop a formal agreement between SAS and the NVFP
Foundation on the proposed transfer of the NVFP Park and monument to the Town of Cary.
Background
Several years ago, SAS Institute deeded eleven acres of property located at the northwest corner
of Harrison and Cary Parkway to the NVFP Foundation. The intent of this land transfer was to
provide an impetus for the Foundation to raise funds and to ensure the area would remain open
space. Once funds were raised and the structures built, it was the Foundation’s hope to transfer
the eleven acres to the Town of Cary to create a park.
To achieve this goal, SAS Institute has proposed that in return for the Town of Cary accepting
and agreeing to designate the eleven acres as a Town of Cary park, SAS Institute would provide
funding for the design and construction of a monument within the park.
Discussion
On February 11, 2010 Council directed staff to investigate the requirements and costs associated
with this proposal. SAS is proposing to construct a 120-foot monument (see below) in the shape
of a spire. The monument will be constructed of white granite that will be quarried from Bethel,
Vermont, famous for its granite. The granite will then be cut and finished in Mt. Airy, North
Carolina.
October 14, 2010
Page 66
In addition to the monument, SAS is proposing the following:
 SAS has indicated that they would like to formally submit a site plan by the end of October
with the intention to begin construction of the monument by the spring of 2011.
 SAS has agreed to cover the cost of design and construction of the monument. This
includes funding the stormwater drainage design necessary to handle the runoff from the
monument.
October 14, 2010
Page 67



SAS has requested that any development costs above and beyond those associated with
the construction of the monument be covered by the Town of Cary. (i.e., road
improvements, sidewalks, utility line extensions, landscaping, etc.)
Public Input: Several public meetings will be held as part of the process to complete the site
plan. SAS will coordinate these meetings with PRCR staff. Because the spire is considered
public art, the project will need to be reviewed by the Public Art Advisory Board. Included in
this review will be details of the monument’s plaza elements, lighting concepts and
maintenance requirements for the spire. Other meetings that will be scheduled include:
- Meetings with Veteran’s Groups
- Beechtree HOA Meeting
Upon completion of construction (December 2011), both the spire and 11-acre park site will
be donated to the Town. The property is currently owned by the NVFP Foundation. Staff is
currently reviewing the ownership transfer sequence between SAS, the NVFP Foundation
and the Town of Cary. The legal department of SAS is consulting with the Town’s Real
Estate Division on the most appropriate sequence and strategy of ownership transfer.
The next steps in the process include the following:
 If Council agrees in principle on the transfer of the monument and park site to the Town,
SAS will proceed to submit a site plan to the Town.
 Based on the Town’s review of that site plan, staff will return to Council with a detailed list of
development issues and costs.
 Staff will begin negotiations with SAS and the NVFP Foundation on a formal agreement that
will be submitted to Council for review.
Fiscal Impact
Operating Impact: Costs associated with reviewing the proposed site plan and developing the
formal agreement can be covered by existing operating budgets.
Funding
Currently there is no capital funding approved for the National Veterans Freedom Park. Staff will
resubmit a staff report to Council with a more detailed list of potential costs.
Staff recommends that council authorize staff to negotiate with SAS and the NVFP Foundation on
the proposed transfer of the park site and monument to the Town of Cary with the understanding
that any future plans or improvements to the site be for the purpose of furthering the park as a
memorial to veterans. Staff will return to Council with the formal agreement between the Town,
SAS Institute and the NCFP Foundation as well as a list of the issues and associated costs
related to the development of the site.
_________________________
o. Koka Booth Amphitheatre at Regency Park – Management Plan and Budget
(PR11-11)
Committee unanimously recommended of approval of the management plan and
budget for the 2011 season to manage Booth Amphitheatre as follows:
(1) Approval of SMG’s Management Plan and Budget for the 2011 season;
(2) Recognition of the potential risks inherent in Amphitheatre promoted concerts
and authorization to include such concerts in the 2011 Management Plan;
(3) Authorization of staff to work with SMG on taking the parking operation in house;
(4) Approval of staff recommendations outlined in the staff report regarding the
sound levels, curfew and signage;
October 14, 2010
Page 68
(5) Approval of reducing the Amphitheatre division budget at October 31, 2010 for
the first four months of the Town’s fiscal year 2011 to equal Amphitheatre
division expenses for the same time period and returning the remaining cash flow
balance to the General Fund Fund Balance which is currently expected to be
$600,725;
(6) Appropriation of the $600,725 from the General Fund Fund Balance and addition
of the remaining $60,968 from the General Fund Fund Balance to the respective
Amphitheatre accounts along with the $455,000 included in the FY 2011 adopted
operating budget necessary to execute the 2011 Amphitheatre season as
outlined in the staff report totaling $1,116,693. Since these numbers reflect
estimates to complete the year, it is understood that these respective amounts
can be adjusted to correspond with the actual amounts remaining at the end of
October 2010 related to the Amphitheatre operations; and,
(7) Recognition of a reimbursement of $356,847 from the General Fund
Amphitheatre division to the General Fund Facilities Management division for the
2011 season support ($168,947 support + $187,900 special projects).
minutes.
_________________________
C. RECOGNITIONS, REPORTS, AND PRESENTATIONS
1. Recognition of the Cary Kildaire Farm Rotary for their $10,000 donation to the Town of
Cary for C-Tran bus shelters. (Mr. Ray Boylston)
Mr. Boylston introduced Richard Steadman and other Cary/Kildaire Rotarians, and thanked them
for their contribution towards the C-Tran bus stop shelter. Mr. Steadman presented the $10,000
check to the Town of Cary.
_________________________
2. Recognition of County Meath, Ireland County Manager Tom Dowling. (Mr. Jack Smith)
Mr. Smith introduced Mr. and Mrs. Dowling.
_________________________
D. PUBLIC SPEAKS OUT (one hour time limit)
No one spoke.
_________________________
E. LAND DEVELOPMENT DISCUSSION ITEMS (any item pulled from the land development
consent agenda for discussion [item B.2. on this agenda] will be discussed during this portion
of the agenda)
N/A
_________________________
F. COMMITTEE REPORTS (discussion items)
October 14, 2010
Page 69
Operations Committee, October 7, 2010 (any item pulled from the committee consent agenda
for discussion [agenda item B.3.] will be discussed during this portion of the agenda)
(Mr. Smith)
1. FY2011 Sidewalk Priority List (PL11-019)
Committee unanimously recommended that Projects 1 through 8 of the FY2011
Sidewalk Priority List be designed and constructed with the $500,000 budgeted for
FY 2011 and that Project 9 not be included.
STAFF REPORT
FY2011 Sidewalk Priority List (PL11-019)
Consideration of the FY 2011 Sidewalk Priority List to be completed with this year’s funding
Speaker: Mr. William Hartye
From: Jeffery G. Ulma, AICP, Planning Director and Tim Bailey, PE, Engineering Director
Prepared by: William A. Hartye, Planner II
Executive Summary
Staff has compiled and ranked new and previously submitted sidewalk requests over the past two
years to provide a list of prioritized projects. Staff recommends council approve the FY2011
Sidewalk Priority List to move forward with project survey, design and construction.
Background
For the fourteenth year, staff has rated sidewalk projects requested by citizens based on
established criteria. The list includes sidewalk project requests carried over from previous years,
new requests from citizens within the last two years and staff-identified needs. A petition is
required for all sidewalk requests on residential roads. The petition must have signatures of
support from at least 70 percent of all residents directly affected by the proposed sidewalk
project.
The adopted FY2011 Street Capital Improvements Budget includes $500,000 for sidewalk
construction.
The following projects are being recommended by staff for construction based on pre-design
construction estimates. These projects will help to improve pedestrian safety and mobility
throughout the Town by providing connections to existing sidewalks, access to Town of Cary
parks and greenways, schools, pedestrian corridors to shopping centers and missing links in the
Town’s sidewalk network. Staff has conducted some preliminary review of each proposed project
and has identified potential impacts of each. Staff recommends the following sidewalk projects for
approval:
October 14, 2010
Page 70
FY 11 Sidewalk Request List
Project 1 – NC Highway 55 from Turner Creek Road to Catlin Drive
 Potential Impacts: Utility strip reduction in some locations: Minimal
October 14, 2010
Page 71
Project 2 – Kildaire Farm Road – missing gap between Medcon Court and SE Maynard Road
 Potential Impacts: Minimal
October 14, 2010
Page 72
Project 3 – Green Level West Road from Capistrane Drive to existing sidewalk
October 14, 2010
Page 73
Project 4 – James Jackson Avenue from Triangle Trade Drive to existing sidewalk
October 14, 2010
Page 74
Project 5 – Castle Hayne Drive from Park Village Drive to White Oak Creek Greenway
October 14, 2010
Page 75
Project 6 – Kildaire Farm Road from Queensferry Road to Glasgow Road
 Potential Impacts: Utilities relocation, potential street light relocation,
landscaping, right-of-way acquisition, grading, tree removal
October 14, 2010
Page 76
Project 7 – Kingswood Drive from Harrison Avenue to existing sidewalk
 Potential Impacts: Utilities relocation, landscaping, right-of-way acquisition,
grading, tree removal
October 14, 2010
Page 77
Project 8 – Queensferry Road (Phase III) from Dunedin Court to Govan Lane
 Potential Impacts: Utilities relocation, landscaping, right-of-way acquisition,
grading, tree removal
October 14, 2010
Page 78
Staff recommends that Project 9 be removed from consideration based on expected construction
difficulties. Sidewalk already exists on the north side of the street.
Project 9 – MacArthur Drive from SW Cary Parkway to Waldo Rood Blvd.
 Potential Impacts: Major impacts to existing gateways, landscaping, trees,
utilities and drainage. Staff will work with petitioner to discuss potential
alternatives to address concerns without constructing a sidewalk.
Fiscal Impact
The FY2011 Capital Budget included $500,000 for the Sidewalk Request Program (Project
ST1196).
Staff recommends that Projects 1 through 8 be designed and constructed with the $500,000
budgeted for FY2011 and that Project 9 not be included.
Mrs. Adcock stated the project that was not funded was in District D. She asked Mr. Hartye of the
planning staff to explain more about this unfunded project.
Mr. Hartye said staff recommends removal of this project from the priority list due to significant
construction obstacles along the requested segment (as outlined herein). While each of the
obstacles are common for sidewalk installation projects on existing streets, the combination of all
of these issues on a residential collector street presents a uniquely challenging situation. With
that in mind, staff would like to work with the petitioner and neighborhood representatives to
discuss potential alternatives to address the safety concerns noted in the petition.
October 14, 2010
Page 79
Mrs. Adcock stated she and staff will meet with the petitioner and hopefully the Homeowner’s
Association’s President to discuss things that can be done to improve safety in this area until
these complex issues can be resolved and sidewalks can be installed.
ACTION: Mrs. Adcock moved to approve Projects 1-8 per staff and committee’s
recommendation. Mr. Portman provided the second; council granted unanimous approval.
_________________________
2. Results of Community Feedback for Cary Parkway and High House Road
Traffic Operations (EN11-022)
Committee unanimously recommended that this be tabled and considered by council
at a work session during the FY2012 budget review process in conjunction with
proposed changes to related ordinances and major road construction and
development projects in the area that might impact the intersection further.
STAFF REPORT
Results of Community Feedback for Cary Parkway and High House Road Traffic
Operations (EN11-022)
Presentation of feedback received by Staff from citizens pertaining to the traffic operations of the
Cary Parkway and High House Road intersection
From: Tim Bailey, PE, Director of Engineering
Prepared by: David Spencer, PE, Traffic Engineer
Executive Summary
At the request of Council, staff advertised to the public asking for their opinions on the traffic
congestion and operations of the Cary Parkway and High House Road intersection, the current
level of safety for all roadway users, the previous traffic study alternatives identified for this
intersection and any other suggestions on possible improvements. Responses were received
using a designated Town e-mail address (intersections@townofcary.org), an on-line survey, and
written correspondence. Staff received over 400 completed on-line surveys, over 60 e-mails, and
one written response. The results of the on-line survey are detailed in the 127-page report that is
attached to and incorporated herein as Exhibit D. The e-mail responses closely resemble the
survey responses. Staff seeks Council guidance on the next steps to address traffic operations
and safety at this intersection.
Background
Previously, the intersection of Cary Parkway and High House Road was analyzed by Staff and a
traffic engineering consultant to determine if traffic operations required future improvements and,
if so, what improvements might be possible. The result of study showed increased levels of delay
at the intersection and recommended that improvements be performed at this intersection to
reduce congestion.
At the January 14, 2010 Town Council meeting, Council voted to remove from consideration the
single quadrant intersection design alternative due to growing concerns from the public. To gain
additional insight from the public in the planning of the long term design for this critical
intersection, Council asked staff to engage the public to receive broad feedback on the
intersection.
October 14, 2010
Page 80
Discussion
Attached to this staff report is a survey results report that illustrates the outcome of the Town
sponsored survey on this intersection. The survey included questions on the current level of
operation of the intersection for all roadway users and also asked about possible future
improvements. Several questions included opportunities to provide open ended feedback. Over
400 surveys were completed with most participants providing additional feedback and contact
information.
Over 60 e-mails were sent to the ‘intersections@townofcary.org’ e-mail address. The e-mail
responses closely resembled the results of the survey.
In reviewing the comments received from both the e-mails and the survey, some common themes
developed. Many citizens encouraged the in-depth review of a roundabout. Many responders felt
the current level of congestion was acceptable while others felt that if improvements need to be
made, the Town should simply widen the intersection. Those who felt congestion was a concern
at this intersection stated that they thought it was isolated to the peak traffic hours in the morning
and afternoon. Additionally, there were many comments made that asked for alternate routes in
the area to be improved such as NC 54 and NC 55. Many responders were concerned with safety
at the intersection for both motorists and pedestrians/cyclists. Finally, there were several
suggestions for providing right-turn lanes for all approaches.
A full review of the comments provided by citizens will show significantly more recommendations
and suggestions but the items listed above comprise a brief summary of common themes found
in their responses.
Fiscal Impact
This staff report is to provide the results of a survey and outreach effort conducted by staff to
Council. There is no direct fiscal impact for this staff report. The fiscal impact of any specific
alternative(s) chosen for further review by the Council will be provided when reporting back to
Council with respective details.
Staff seeks Council guidance on the next steps to address traffic operations and safety at this
intersection.
Mrs. Adcock agrees with the committee’s recommendation. She stated for clarification that the
single quadrant intersection option is not under consideration. She said citizens are concerned
this project will increase cut-through traffic in the adjacent neighborhoods. She stated they want
the Town to keep in mind the future plans for I-540 while making its decision for this intersection.
She said they also want council to keep in mind the increase in traffic that may occur as the new
developments in this area are fully built. She stated this council would never seek, nor ask staff to
seek, a solution that would shift a problem from one area to another, particularly through
residential areas.
ACTION: Mrs. Adcock moved to approve committee’s recommendation to take this to a
budget work session in the spring. Mrs. Robison provided the second.
Mrs. Robison suggested establishing a citizen task force to help with this issue. Mrs. Adcock
supports this idea.
ACTION: Mayor Weinbrecht called for a vote on the motion. Council granted unanimous
approval.
_________________________
October 14, 2010
Page 81
3. Koka Booth Amphitheatre at Regency Park – Management Plan and Budget
(PR11-11)
Committee unanimously recommended of approval of the management plan and
budget for the 2011 season to manage Booth Amphitheatre as follows:
(1) Approval of SMG’s Management Plan and Budget for the 2011 season;
(2) Recognition of the potential risks inherent in Amphitheatre promoted concerts
and authorization to include such concerts in the 2011 Management Plan;
(3) Authorization of staff to work with SMG on taking the parking operation in house;
(4) Approval of staff recommendations outlined in the staff report regarding the
sound levels, curfew and signage;
(5) Approval of reducing the Amphitheatre division budget at October 31, 2010 for
the first four months of the Town’s fiscal year 2011 to equal Amphitheatre
division expenses for the same time period and returning the remaining cash flow
balance to the General Fund Fund Balance which is currently expected to be
$600,725;
(6) Appropriation of the $600,725 from the General Fund Fund Balance and addition
of the remaining $60,968 from the General Fund Fund Balance to the respective
Amphitheatre accounts along with the $455,000 included in the FY 2011 adopted
operating budget necessary to execute the 2011 Amphitheatre season as
outlined in the staff report totaling $1,116,693. Since these numbers reflect
estimates to complete the year, it is understood that these respective amounts
can be adjusted to correspond with the actual amounts remaining at the end of
October 2010 related to the Amphitheatre operations; and,
(7) Recognition of a reimbursement of $356,847 from the General Fund
Amphitheatre division to the General Fund Facilities Management division for the
2011 season support ($168,947 support + $187,900 special projects).
STAFF REPORT
Koka Booth Amphitheatre at Regency Park – Management Plan and Budget (PR11-11)
Consideration of approval of the management plan and budget for the 2011 season to manage
Booth Amphitheatre
Speaker: Mr. Lyman Collins
Prepared by: Lyman Collins, Cultural Arts Manager
Executive Summary
Attached herein is the SMG’s proposed Management Plan and Budget for the 2011 season at the
Koka Booth Amphitheatre at Regency Park. Although the budget year for the Town is July –
June, the Amphitheatre budget year is November – October to more closely coincide with the
performance season. The plan includes SMG’s analysis of the current 2010 season as well as
proposed plans for the upcoming 2011 season. It addresses each of the Council adopted goals
for the facility. This staff report highlights the significant issues covered in the report and
recommends budgets for both the facility and for Public Works support and projects as well as
information on the status of several Amphitheatre initiatives.
***************
2010 Review
(November 2009 – October 2010)
October 14, 2010
Page 82
2011 Annual Management Plan
(November 2010 – October 2011)
Introduction:
SMG, the world leader in venue management, has partnered with the Town of Cary and Booth
Amphitheatre since the facility opened in 2001. In July of 2010, SMG was awarded a two-year
extension on the management contract for the Town of Cary’s Booth Amphitheatre spanning
years 2011 and 2012.
The Booth Amphitheatre SMG team oversees all venue bookings and operations. SMG’s contract
administrator for Booth Amphitheatre is the Town of Cary’s Cultural Arts Manager and together a
comprehensive management plan is created every year for the Amphitheatre.
The Amphitheatre management goals, adopted by Town Council in 2001, are as follows:
1. Provide performances by nationally acclaimed artists.
2. Continue to offer, develop and expand opportunities with the North Carolina Symphony
Orchestra.
3. Develop a Summer Theatre program specifically designed for the Amphitheatre.
4. Develop partnerships for performances with quality local, regional and statewide performing
arts organizations.
5. Develop festivals that provide community participation and help establish a community
identity.
6. Develop a rental program for the use of the Amphitheatre space that does not compete with
performance times.
7. Provide cooperative opportunities with the Amphitheatre “neighbors”.
8. Provide revenues that more than offset the operating costs.
In 2010 SMG made concentrated efforts to address each of these goals. This report is divided
into two sections which include first, a review of the 2010 season and second, our plan to
approach these goals during 2011.
In reading the management plan please note that revenue numbers are “net” revenue figures and
include expenses and revenue from tickets, concessions, rent and ancillaries. Attendance figures
referenced in this report reflect both the “drop” and “paid” ticket counts. Drop counts assist in
determining the actual number of guests visiting the facility to include paid tickets and patrons
with complimentary tickets. The paid counts reflect only the number of tickets that have been sold
for an event. Several events may have higher ticket sales than drop counts as patrons might
purchase a ticket for an event but for some reason not attend the event. SMG uses the drop
count to account for the total annual attendance.
2010 REVIEW
Goal # 1: Provide performances by nationally acclaimed artists
SMG has had a preferred promoter booking contract for Booth Amphitheatre since the 2002
season. The preferred promoter from 2002–2008 was House of Blues Concerts, which operated
under the Live Nation corporate umbrella for the last two years of the agreement. After the 2008
event season, SMG issued a request for a proposal for national promoters and recommended to
the Town of Cary a new promoter partnership with the Nashville, TN based promoter Outback
Concerts. Outback Concerts is now completing their second full season with Booth Amphitheatre,
and for the second year in a row they have met their contractual agreement of providing a
minimum of ten nationally acclaimed artists.
SMG structured the 2010 booking agreement in a manner that included Outback Concerts
assuming 100% of the financial risk on each concert. A required number of ten concerts are
included in the contract to ensure that the Amphitheatre is active and that the public has a variety
October 14, 2010
Page 83
of events to attend. If the number of concerts is not met, Outback Concerts will incur financial
penalties imposed by the Amphitheatre. Financial penalties include a $10,000 per show fee if the
10-show quota is not met. If Outback Concerts exceeds the requested number of events, then the
Amphitheatre will provide a reduced rental fee and an increase in ancillary revenue percentage
back to Outback Concerts for each event beyond the contracted ten shows.
In 2010, Outback Concerts confirmed eleven concerts (one more than their contracted ten) and
as of this report, an attendance figure of 38,459 has been documented after hosting their eleven
events. Outback has made efforts to confirm a variety of events for the Amphitheatre to include
country, rock and eclectic artists.
SMG also worked with local promoters interested in bringing national talent to the Amphitheatre
during the 2010 event season. For a second year, Booth Amphitheatre was contracted to work
with the Rock & Roll Hall of Fame organizers to produce the Rock & Roll Hall of Fame Benefit
concert. This event had been scheduled to perform in the fall of 2009. However, due to slow ticket
sales the event was postponed to May of 2010. In 2009 SMG allocated funding to support this
Town sponsored event. These funds were then carried over to the 2010 event date.
In addition to Outback’s concerts and local promoter concerts, SMG budgeted to produce three
concerts for the Amphitheatre. This money is only used if our Preferred Promoter demonstrates a
struggle to produce their contracted amount of shows or if the Amphitheatre does not have
enough variety in programming. SMG elected to risk a small portion of these budgeted funds on
the Rock & Roll Hall of Fame concert as the Preferred Promoter did produce a season of variety
and interest to the public.
By working with both Outback Concerts and local promoters, SMG was able to confirm a total of
twelve nationally acclaimed concerts in 2010. Attendance for Booth Amphitheatre concerts is
down 8% and revenue has dropped 7% compared to figures reported in the 2009 management
report. We are still performing better than the national trends, which by trade magazines such as
Pollstar, are indicating a 15% drop in revenue/attendance for the concert industry compared to
2009 figures.
2010 Nationally Acclaimed Artist Events Chart:
EVENT NAME
PAID
TOTAL
ATTENDANCE ATTENDANCE
(PAID+COMP)
Rock & Roll Hall
of Fame Concert
My Morning
Jacket
John Prine
Phoenix
Styx-ForeignerKansas
Counting Crows
Sheryl Crow
REO
Speedwagon-Pat
Benatar
Garrison Keillor &
Prairie Home
2010 EVENT
GENERATED
NET REVENUE
1,280
1,161
-$8,164
4,436
4,351
$46,713
2010 VENUE
BUDGETED
NET
REVENUE
$5,000
2010
VARIANCE
-$13,164
$17,238
2,890
2,992
2,955
3,052
$36,375
$29,841
$29,475
$19,160
$29,475
3,302
2,960
$38,113
$29,475
1,886
4,244
2,116
4,375
$21,528
$43,494
$29,475
$29,475
2,379
2,527
$30,866
$29,475
$17,215
$366
$8,638
-$7,947
$14,019
$1,391
$3,840
3,223
3,279
$23,000
$19,160
October 14, 2010
Page 84
EVENT NAME
Foxy Anniversary
Show
Crosby-StillsNash
PAID
ATTENDANCE
TOTAL
ATTENDANCE
(PAID+COMP)
2010 VENUE
BUDGETED
NET
REVENUE
$16,500
$29,475
projected
$29,475
projected
$337,216
projected
$19,160
2010
VARIANCE
-$2,660
1,910
2,367
3,820
6,779
3,876
6,601
Lady Antebellum
Projected Totals
2010 EVENT
GENERATED
NET REVENUE
39,141
39,620
$0
$29,475
$0
$29,475
$298,280
$38,936
Goal # 2: Continue to offer, develop and expand opportunities with the North Carolina
Symphony
SMG continued to work closely with the North Carolina Symphony to increase attendance and
ticket revenue for the entire Summerfest Series. The 2010 agreement between the Amphitheatre
and the Symphony was designed to increase revenue streams and decrease the financial risk for
the venue associated with producing this seven show series. The Symphony agreement included
a payment of $5,000 per show by the Symphony, used to help offset Amphitheatre expenses
associated with presenting four Summerfest events. The additional three Summerfest events
reflected a co-promotional agreement from the Amphitheatre that included the venue assisting
with talent fee costs and sharing in ticket revenue. Also in the 2010 budget SMG recommended
budgeting the Symphony series at a loss, which recognized the fact that the Amphitheatre
consistently subsidizes Symphony performances.
In addition to the NCS Summerfest events in 2010, the Symphony performed for the annual 4th of
July Celebration. This event is free to the public and is sponsored by the Town of Cary.
The chart below outlines the attendance and revenue results from each Summerfest event.
Attendance figures for the 2010 Summerfest series (excluding 4th of July) were down 36%
compared to Summerfest attendance figures in 2009. SMG and Symphony representatives
believe a few reasons for the decline in attendance include an evening of rain for the Beethoven
concert and the lack of star power this season compared to the 2009 season, which included a
Video Game Symphony, Michael Feinstein and The Red Clay Ramblers.
October 14, 2010
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2010 North Carolina Symphony Summerfest Event Chart:
EVENT NAME
TOTAL ATTENDANCE
2010
(PAID + COMPS +
GENERATED
KIDS)
NET REVENUE
Play with the Pros
Red, White & Blue
Tiempo Libre
Celebrating 10
seasons
Ahn Trio
Wizard of Oz
Beethoven
TOTAL
4th of July
2010
BUDGETED
NET
REVENUE
2010 VARIANCE
1040
1303
1420
$738
$1,639
($5,378)
breakeven
breakeven
($2,500)
$738
$1,639
($2,878)
2152
1435
3651
890
11891
12,334
$385
($5,134)
$606
$255
($6,889)
breakeven
breakeven
($2,500)
($2,500)
breakeven
($7,500)
breakeven
$385
($2,634)
$3,106
$255
$611
$0
Goal # 3: Develop a Summer Theatre program specifically designed for the Amphitheatre
The development of summer theatre has been a goal for the Amphitheatre since it opened and
there have been several limited theatre related offerings (Broadway Rocks, Cirque USA -White,
Peking Acrobats etc.), but no consistent programming.
To address the goal for Theatre, SMG and the Town of Cary Cultural Arts Division organized a
team of local theatre professionals (producer, director, costume designer, set designer and
actors) to produce a rendition of William Shakespeare’s, Twelfth Night. The event was held over
the course of three event nights and attendance doubled each night with an audience of 1630
patrons. Since this was the first time the Amphitheatre had collaborated to produce a local theatre
production, and an audience and awareness of different programming elements takes time to
build, SMG budgeted this first year event at a financial loss. As a first year event, SMG incurred
start up costs such as set materials, costumes and props that the venue now owns and can use
at future events. Although a strong marketing campaign and public relation effort (live interview
on NPR’s The State of Things) was implemented to support this first year endeavor the event was
not able to meet budgeted projections. However, results from the customer service surveys
collected after the event demonstrate 82 percent of respondents recommending outdoor theatre
options for Booth Amphitheatre
2010 Theatre Chart:
EVENT NAME
Shakespeare's
12th Night
PAID
ATTENDANC
E
TOTAL
ATTENDANCE
(PAID +
COMPS)
2010
GENERATE
D NET
REVENUE
2010 BUDGETED
NET REVENUE
2010
Variance
1200
1630
($34,997)
($10,000)
($24,997)
Start up costs for set materials, costumes & props - $7,500
Goal # 4: Develop partnerships for performances with quality local, regional and statewide
performing arts organizations
SMG continued to foster its relationships with area performing arts organizations during the 2010
event season. Groups such as the Concert Singers of Cary and The Cary Town Band collaborate
to produce both free and ticketed concerts. These events are in partnership with the Town’s
PRCR Department and are budgeted to breakeven. They have historically demonstrated a small
October 14, 2010
Page 86
profit but in the event they are in a loss position, the non-profit group reimburses the
Amphitheatre for expenses not recovered from sponsorships or ticket sales.
2010 Outside Performing Arts Organization Events:
EVENT NAME
PAID
TOTAL
ATTENDANCE
ATTENDANCE
(PAID + COMPS)
American Celebration
- Concert Singers of
Cary & Triangle Wind
Ensemble
TOTAL
332
332
461
461
2010
GENERATED
NET
REVENUE
2010
BUDGETED
NET
REVENUE
$1,087
$1,087
breakeven
$1,087.00
Goal # 5: Develop festivals that provide community participation and help establish a
community identity
SMG has developed and/or booked several community festivals since the opening of Booth
Amphitheatre. Festivals in 2010 include, The Great Grapes! Wine and Music Festival, BeerBourbon-BBQ Festival (2 days), The Soul Picnic, La Ley and Triangle Uncorked. These festivals
are “rentals” where the Amphitheatre receives a rental fee and expense reimbursement. In
addition there are Town of Cary sponsored festival to include Diwali and Eid where the rental fee
is waived but the non-profit groups are responsible for all event-operating costs.
The Great Grapes! Wine and Music Festival featuring all North Carolina wines was held in April
2010 and again proved to be a successful endeavor for the Amphitheatre with 5,000 in
attendance. The promoter for the Great Grapes event also produces the Beer–Bourbon-BBQ
Festival, which recognized an attendance of 5,000 as well.
The Soul Picnic was another festival held at the venue for the second consecutive year. The
festival featured Rhythm & Blues artists and specialty foods. The La Ley Festival, sponsored by
the Curtis Media La Ley radio station, returned again in 2010. La Ley rents the venue for the day
to promote Hispanic musicians and specialty foods to 5,000 patrons.
The Amphitheatre has scheduled a second wine festival, Triangle Uncorked, in September of
2010. This wine festival features wines from around the world and all event proceeds after
expenses are donated to the Frankie Lemmon Foundation and the North Raleigh Rotary Club.
The annual Diwali Festival, India’s Festival of Lights Celebration and The N.C. Eid Festival will
return this October. The Town of Cary sponsors both of these events and the financial goal
includes producing enough revenue on their own to cover the expenses incurred by the
Amphitheatre. Diwali organizers are celebrating their tenth year and have opted to produce two
separate events at the Amphitheatre in 2010, an Indian Dance night and an Indian movie night.
The Town of Cary will also sponsor these two new events.
2010 Community Festivals Chart
EVENT
PAID
TOTAL
NAME
ATTENDANCE
ATTENDANCE
(PAID +
COMPS)
Great
2656 (KBA
5,000
Grapes
single tixs)
Wine &
Music
Festival
Soul Picnic
1,401
1,730
2010
GENERATED
NET REVENUE
VARIANCE
$16,241
2010
BUDGETED
NET
REVENUE
$10,000
$19,695
$10,000
$9,695
$6,241
October 14, 2010
Page 87
EVENT
NAME
Beer,
Bourbon &
BBQ - 2
days
La Ley
Triangle
Uncorked
Town of
Cary
Sponsored
Uses
Diwali
Festival
NC Eid
Festival
Total
PAID
ATTENDANCE
TOTAL
ATTENDANCE
(PAID +
COMPS)
5,000
2010
GENERATED
NET REVENUE
VARIANCE
$18,296
2010
BUDGETED
NET
REVENUE
$10,000
3,203
2000 projected
4,384
2200 projected
$16,154
$5,000 projected
$10,000
$10,000
$6,154
($5,000)
projected
500 projected
12,000 projected
$5,000 projected
breakeven
500 projected
1,000 projected
breakeven
projected
breakeven
11,248 projected
31,314 projected
$83,086 projected
$50,000
$5,000
projected
breakeven
projected
$30,386
projected
988 (KBA single
tixs)
$8,296
Goal # 6: Develop a rental program for the use of the Amphitheatre space that does not
compete with performance times
There are several areas of the Amphitheatre available for companies and private citizens to rent
depending on the size of the group and their needs. During the 2010 season, the Amphitheatre
received many rental inquires from local community citizens, non-profit and for-profit
organizations. Rental dates are coordinated for days when a concert or festival has not been
previously confirmed. Rental rates remained flat for 2010 for both the for-profit & non-profit
bookings. The rental rate of the entire venue is $5,000 (non-profit/Cary resident rate is $3,000)
and the Crescent area rental rate is $3,000 ($1500 non-profit/Cary resident rate). SMG also
created a smaller space and rental fee for groups of 100 or less, the Backstage Patio. Groups
interested in a small space and usage of the lake greenway (fundraising walks) are able to take
advantage of this new rental space and its affordability.
The Town of Cary uses the Amphitheatre for groups such as the Chamber of Commerce - Honor
a Teacher program, Cary Road Race and Pony Softball Opening Ceremonies. These events and
are sponsored by the Town and the rent of the Amphitheatre may be waived.
2010 Rental Plan recap
EVENT NAME
OHF Walk
USO
Crosspointe
Apex
Tour de Cure
Wedding
Extreme Networks
Lutheran Church
ATTENDANCE
2010 NET
GENERATED
REVENUE
100
331
3100
$934
$2,222
$8,716
canceled-rain
500
150
200
600
$1,145
$2,528
$2,516
$2,256
$3,962
October 14, 2010
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EVENT NAME
ATTENDANCE
2010 NET
GENERATED
REVENUE
Lifetime Fitness
Dick Hoyt
Maripolooza
Boundary Walk
Wag-n-Walk
Memory Walk
TOWN OF CARY SPONSORED
USES
150
381
500 projected
200 projected
200 projected
500 projected
$481
$2,613
$1500 projected
$750 projected
$750 projected
$1500 projected
1100
breakeven
250
canceled-rain
400
500 projected
500 projected
$150
$443
breakeven
breakeven
breakeven
2010 Budget
5,000
$20,000
2010 Actuals
9,662 projected
$32,466 projected
Cary Road Race
Cary Chamber – Honor a
Teacher
Pony Softball
TOC Volunteer Picnic
Garba Dance Night
Indian Movie Night
Goal # 7: Provide cooperative opportunities with the Amphitheatre “neighbors”
SMG continued to incorporate the Amphitheatre Advisory Committee into the 2010 season
activities. This committee assists in promoting the Amphitheatre as a viable cultural and
entertainment facility to Town of Cary citizens as well as merchants, vendors and performers.
The committee consists of nine Appointed Members, four Town Staff Department liaisons, five Atlarge members and one Committee Chairperson. The appointed member positions include a
representative from the Cary Chamber, Raleigh Convention and Visitors Bureau, Spectrum
Properties (management company that oversees the business buildings around the
Amphitheatre), Town of Cary Cultural Arts Committee, Neighborhood Associations from the three
residential areas surrounding the venue, the North Carolina Symphony and Teen Council. The
Town Staff include a representative from Cary Police, Public Works, PRCR and the Amphitheatre
General Manager. The at-large positions are open to citizens who apply annually for committee
membership. The committee meets once a month and provides feedback to SMG and Town staff
regarding the types of events the Amphitheatre should host, ideas on how to improve operational
policies and aids in marketing events coming to the Amphitheatre. Committee members are also
active at each event by working the Guest Services Booth and driving the Courtesy Shuttle. They
are on hand to answer patron questions about the Amphitheatre and Town. They also spearhead
our lawn chair rental program, which raises money for the PRCR scholarship program.
The 2010 Amphitheatre Committee Members Include:
Sally Chapman – Spectrum Properties, Jim Bearrows – Regency Park Estates, Charissa Todd–
Greater Raleigh CVB, Mercedes Auger – TOC Cultural Arts Committee, Jody Rentz – Regency
Hills, Roy Gemberling – Lions Gate, Megan Moraites – Cary Chamber, Sue Guenther – North
Carolina Symphony, Monica Neal – At-Large, Sarah Johnson – At Large, Cathy Cosens – AtLarge, David Currens – At-Large, Barbara Shepherd – At-Large, Cary Teen Council
Representative, Amphitheatre General Manager, Town of Cary Staff from the Parks, Recreation
and Cultural Resources Department, Public Works and Police. The committee has an additional 7
people that attend meetings and serve as volunteers.
October 14, 2010
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The advisory committee also helps structure the neighbor card program that allows both
residential and business neighbors to attend select Amphitheatre events for free or with a
discount. The card registration took place at the box office and 589 neighbor cards were
distributed with 500 to business neighbors and 89 to residential neighbors.
Movies By Moonlight Series
The outdoor movie series continues to be a popular event to attend. WakeMed is the series
sponsor for the fourth year. Movie rates are kids twelve and under free and $3 for adults. All
patrons are allowed to bring in their own picnic items. A portion of each paid ticket (.75 cents) has
been slated to go back to WakeMed and their Just For Kids Kampaign.
2010 Movies By Moonlight Chart:
EVENT
PAID
NAME
ATTENDANCE
498
581
2010
GENERATED
NET
REVENUE
$954
1043
1250
$2,599
$750
$1,849
724
1316
$1,559
$750
$809
912
431
1015
551
$2,419
$887
$750
$750
$1,669
$137
785
279
330
canceled due to
rain
471
214
845
355
441
canceled due to
rain
607
502
$2,010
$377
$601
($447)
$750
$750
$750
$750
$1,260
($373)
($149)
($1,197)
$649
$2
$750
$750
($101)
($748)
5687
7463
$11,610
$7,500
$3,360
.75 Per Paid Ticket to WakeMed "Just For Kids"
Donation
Net Movie Night Revenue
$4,265
$7,345
Sherlock
Holmes
The Blind
Side
Cloudy
Meatballs
Casablanca
Christmas
Vacation
Dirty Dancing
The Sting
2012
Taming of the
Shrew
New Moon
Monsters vs.
Aliens
Total
TOTAL
ATTENDANCE
(PAID + COMP)
2010
BUDGETED
NET
REVENUE
$750
VARIANCE
$204
SMG is bringing back the fall movie festival, “A Reel-ly Scary Cary”, for a second year this
October. In 2009 the series attracted 1367 patrons and SMG budgeted the series to breakeven
however the series reported a loss of $7408 in 2009. SMG elected to host the series again and
has already secured a sponsor for the 2010 films. Several props that were purchased in 2009 can
also be used this year so fewer expenses are expected with the 2010 series. The film festival will
take place during the last week of October and features classic and current suspense thrillers.
The series is modeled after the summer movie series with a ticket price of $3/adults and kids
twelve and under free. Patrons will also be allowed to bring in their own picnic dinners.
Sound Levels at Amphitheatre
Since the Amphitheatre started hosting national acts with amplified sound systems, sound levels
and their impact on nearby residents have been a concern for both SMG and Town Staff. In
response to concerns expressed by residents living in the nearby neighborhoods, SMG initiated a
October 14, 2010
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sound study in the fall of 2003. The study investigated how sound was traveling to this
subdivision and measures available to mitigate the sound effect.
WJHW, a sound consultant company based in Texas, evaluated the Amphitheatre sound system,
measured sound levels coming from the main stage and the impact on the closest residential
community, Lions Gate. The consultants helped SMG establish a sound level of 92 dba 80 feet
from the stage that would meet the Town Sound Level ordinance at the closest residential
property line. The sound consultant also recommended the use of a sound measuring device,
Grozier, which monitors the sound levels and provides second by second readings, minute
averages and 5-minute averages. Based on Council direction at the work session in October
2009, the measurement policy dropped from a 10-minute average to a 5-minute average to
determine if an artist has exceeded the venue sound level policy of 92dba.
Per consultation and upon the recommendation of sound level experts, SMG also purchased and
hung industrial style theatre drapes on the back Crescent concrete walls to deter the sound from
bouncing off these walls and into the neighborhoods. A handheld sound-measuring device was
also purchased for staff to use when periodically measuring levels in the neighborhoods. SMG
also works with the touring sound technicians to hang their speaker cabinets from a height that
will minimize the sound traveling outside of the venue.
Also as part of the 2009 Council work session, SMG was approved to undertake a pilot program
to increase the 92 dba to 95 dba for three events upon request of the promoter. These three
events had to be on a Friday or Saturday night. In 2010 two events exercised this sound level
increase, My Morning Jacket and Phoenix.
SMG continues to send weekly updates to the three adjacent neighborhoods informing them of
event load-in times, sound checks, set-time and expected attendance so that they will know when
the Amphitheatre will be active.
As a result of the continued sound mitigation efforts in 2010 very few complaints were received
from neighboring residents. SMG and the Town of Cary Cultural Arts Manager both received a
sound complaint associated with the Phoenix concert from a resident who resides off Kildaire
Farm Road. SMG also heard from a neighboring resident in Regency Hills regarding the vocal
levels at the Foxy Anniversary Show being too loud. The Cary Police also received a sound
complaint from a residential area off Kildaire Farm road the night of the Lady Antebellum concert.
In addition, one Lion’s Gate resident raised a concern about sound for Sunday morning events
(though Amphitheatre policy prohibits amplified sound prior to 9:30am daily). The event in
question was canceled due to rain.
Sound level complaints from the National Touring Acts were expressed to SMG by artist
management teams at all of the Rock shows in 2010. Each Tour Manager and Sound Engineer
verbally express their dissatisfaction with the db level stating it is too low for a rock act to adhere
to effectively. Per their feedback, the low venue sound level deters their ability to artistically
perform the show their fans are expecting. With the financial penalties at stake for not adhering to
the sound policy, the sound engineers keep the volume low, which oftentimes brings complaints
from the patrons inside the venue.
As of this report, SMG has had to institute fines at four events during the 2010 event season.
Summary of Event Audio Level Averages – 2010 Season
Date
Show/Event
April 30
My Morning Jacket
May 1
Rock Hall of Fame
May 17
John Prine & OCMS
May 16
Lutheran Church
Avg Decibel Reading
95.6
93.4
89.9
74.8
October 14, 2010
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Date
May 129
June 5
June 9
June11
June12
June19
June26
July 7
July 10
July 15
July 17
July 31
August 6
August 7
August 8
August 15
September 2
September 11
September 18
Show/Event
Play with the Pros
NCS – Red-White & Blue
Styx, Foreigner & Kansas
Phoenix
NCS – Tiempo Libre
NCS – Celebrating 10 seasons
NCS – Ahn Trio
NCS
NCS – Wizard of Oz
Counting Crows
NCS – Beethoven
Soul Picnic
Beer, Bourbon & BBQ
Beer, Bourbon & BBQ
La Ley Festival
Sheryl Crow
REO/Pat Benatar
Garrison Keillor
FOXY Radio Show
Avg Decibel Reading
70.6
71.5
92.5
94.1
72.0
71.5
72.5
75.5
86.0
91.7
76.5
93.5
83.0
87.2
82.5
92.6
98.0
82.6
92.4
To address the ongoing sound level challenges at Booth Amphitheatre, SMG scheduled an
assessment visit with Richard Cann of the Grozier sound monitoring company during the 2010
season. He attended the REO Speedwagon/Pat Benatar concert to evaluate our current sound
level policy, equipment we are using to measure sound and strategies we can implement to find a
better balance between meeting the needs of the artists, fans and neighborhoods. Mr. Cann
reported that Booth Amphitheatre’s sound limit is one of the strictest in the country, proving for
some artists such as REO Speedwagon to be severely restrictive to their customary concerts.
Similarly, the audiences attending these concerts find the sound levels disappointingly low.
Nevertheless, the neighbors at times find that concerts are excessively intrusive to their activities,
giving rise to significant conflict.
Mr. Cann made recommendations on a new measuring microphone placement. He
recommended removing the microphone from the mix area located 80 feet from the stage and
placing it on the Crescent. This will allow the front of house sound engineer the freedom to
properly mix the show. The measurements at the Crescent would reflect a more consistent
measurement of sound emissions at all times. He also recommended that SMG complete a
questionnaire when neighboring residents call with sound complaints so that we may better
understand what is affecting them such as too much bass. There are measures SMGcan take
with the sound engineers if we find that it is the low-end bass that is a nuisance to the neighbors.
Goal # 8: Provide revenues that more than offset the operating costs
During the management contract of Booth Amphitheatre, SMG has continued with several
revenue generating and expense reduction efforts (food & beverage sales, season tickets,
sponsorships, preferred parking fees and lawn chair rentals) to improve bottom line results.
Due to the popularity of the season ticket “Mini Pack” program, SMG launched the sales of this
offering in the fall of 2009. The mini pack allows the patrons to pick and choose the shows they
want to attend. So as to not affect the overall attendance capacity at each show, SMG only
allowed a limited number of these packages to be sold. These packages sold out prior to the
beginning of the season. Three packages were offered: a 10 pack, 20 pack and 30 pack. The
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mini packs ranged in cost from $250 to $600 and include preferred parking options and access to
the VIP cafe. SMG was also successful in selling a few of the Crescent tables on a seasonal
basis.
SMG continues to pitch the venue programming vision and branding opportunities associated
with the Amphitheatre by working with companies such as Pepsi, Harris Wholesale (Budweiser),
Rex Healthcare, Barefoot Wine and WakeMed to enter into sponsorship contracts with the venue.
2010 sponsorship revenue generated $97,500, down just $1,000 from 2009, with all but one
previous sponsor renewing at their existing commitments or with a slight reduction. In light of the
country’s current economic position, SMG was gratified to retain the majority of partners at some
sponsorship level and even add in a few new clients.
Additional Revenue Sources:
Preferred Parking – SMG continued to offer a preferred parking lot located directly outside the
main entrance for patrons interested in parking up front for a fee. If patrons want to park up front
they can pay $10 to do so, otherwise they can park for free in other areas surrounding the
Amphitheatre. SMG did institute a $5 per car parking fee for the Great Grapes and Beer, Bourbon
& BBQ fest, as the parking fee was not included in the ticket. SMG will also impose this fee at the
Diwali Festival in October in hopes of raising more revenue to offset event expenses.
SMG also continued with the lawn chair rental program in 2010. The lawn chairs, sponsored by
Rex Healthcare, were available at each show for a rental fee of $5. A dollar from each rental fee
is dedicated to the Parks, Recreation and Cultural Resources scholarship fund and $1100 is
projected for this fund in 2010.
Additional revenue sources for the Amphitheatre include Ticketmaster rebates, ATM service fees,
merchandise sales and facility maintenance fees.
Ancillaries
Ticketmaster Rebates *
2010 Gross Projections (these numbers include
promoter revenue)
$91,157
Lawn Chair Revenue
$4,840
Preferred Parking
$28,170
ATM Service
Charges/Merchandise *
$29,416
Facility Maintenance Fees *
Total
$166,067
$320,010 Projected Gross Revenue
$190,930 Projected Net Venue Revenue
* These revenue sources are shared with the promoters
In addition to addressing each of the Amphitheatre management goals, SMG focuses on other
areas of venue operations to include venue branding, customer service, food and beverage sales
and capital improvements.
Venue Branding:
Booth Amphitheatre celebrated its 10th season during the summer of 2010. SMG commemorated
this milestone by creating a 10th season logo used on all advertising and by passing out
commemorative items to the first 100 people to come through the doors at each event. Items
included a koozie, bag and/or frisbee. SMG continued to work with local media groups to
consistently increase public awareness of the venue and our 10 seasons in the market. Media
relationships in 2010 included a partnership with WRAL-FM (Mix 101.5), Clear Channel Radio
(G105, 93.9, and 100.7), Curtis Media Group, The Independent Weekly, The Cary News, The
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News & Observer, Cary Citizen.com, Twitter and Face Book. In addition to media outlets within
the Triangle, Outback Concerts utilized several outer markets such as Wilmington, Morehead
City, Greensboro and Winston-Salem to advertise their concerts. The SMG staff members were
fortunate to have four college interns (UNC-Chapel Hill, UNCW and Mississippi State) this
summer that helped blanket the Triangle with flyers, posters and ticket promotions in an effort to
promote the Amphitheatre’s season.
The Amphitheatre e-newsletter continues to offer an extensive marketing element for venue
events. SMG staff uses this weekly e-newsletter as a tool to inform the public of events coming to
the Amphitheatre. The e-newsletter features information on ticket prices, sponsors, Amphitheatre
policies, ticket discounts, etc. Patrons find the e-newsletter user friendly as they can click on a
direct link to purchase tickets to events. Patrons of the Amphitheatre can sign up via the website
(www.BoothAmphitheatre.com) to receive this newsletter. The Amphitheatre has almost 50,000
e-newsletter subscribers at this time, which is an increase of 10,000 from 2009.
Customer Service Efforts:
SMG continued to survey patrons that attend ticketed events through our on-line surveys. These
surveys are specifically designed to solicit feedback on operations of the venue to include parking
service, event staff, box office procedures, sound quality, pricing, food/beverage options, etc.
Response rates are affected by demographics (age, gender, etc). SMG is able to send a survey
to attendees after each show but only to patrons whose email addresses we have captures.
Show
R&R Hall of Fame
My Morning Jacket
John Prine/OCMS
Styx-Foreigner-Kansas
Phoenix
Counting Crows
Soul Picnic
Sheryl Crow/Colbie Caillat
12th Night
REO/Benatar
Garrison Keillor
Surveys Sent
187
1671
718
724
1068
562
152
1026
138
602
868
Surveys Returned
45
286
136
172
154
117
39
226
62
185
256
Response Rate
24%
17%
19%
24%
14%
21%
26%
22%
45%
31%
29%
SMG has compiled all of the customer service feedback and made notes on the three items we
continue to be praised for and need to improve upon.
Top 3 things people like best about Booth Amphitheatre:
1) Friendliness of staff members.
2) The venue atmosphere and the relaxing environment and beautiful scenery. It is clean and
intimate.
3) Liked having the survey for feedback/Good communication via emails and website.
Top 3 areas of improvement suggested by patrons:
1) Sound policy – patrons commented negatively on the low volume inside the venue.
2) Curfew – patrons commented on what they think is an early end time for concerts during the
week (10:00 p.m.).
3) Directional Signage to find the venue in coming to an event and directional signage to the
highways when leaving an event.
October 14, 2010
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SMG plans to institute the following measures to improve on the three areas of concern issued by
our patrons throughout the 2010 event season.
To address the ongoing sound level challenges at Booth Amphitheatre, SMG would also like the
Council to expand the dba level of 95 dba from three weekend night events to all events. This
increase in sound level will enable the Amphitheatre to remain competitive in the concert industry
and in a region where there is now another outdoor Amphitheatre similar in size and scope to
Booth Amphitheatre competing for events.
SMG would like the Council to also extend the curfew time on Sunday through Thursday to
10:30p.m. instead of 10:00p.m. In surveying other area outdoor venues such as Time Warner
Cable Pavilion, Downtown Raleigh Amphitheatre and the NC Museum of Art, their curfews range
from 10:30pm -11:00p.m. each day of the week. By extending the curfew the Amphitheatre can
open gates one hour later, which allow patrons more time to get from work to the events. This
extra time would also assist in emptying the venue parking lots from area business tenants before
concert traffic descends upon the lots.
SMG also recommends temporary signage be placed at roadways at the conclusion of each
event with the Highway number and an arrow to steer people in the correct direction at the end of
each event.
Food and Beverage Operations
As in 2009, SMG contracted with locally owned Food & Beverage Operator, Classic Sports
Catering, to manage all concession operations at Booth Amphitheatre for the 2010 event season.
The Amphitheatre’s current food/beverage policy includes allowing patrons to bring in picnics for
all Symphony events, movie nights and select festivals/concerts. While attending most concerts
patrons are not allowed to bring in their own picnics. These food policies affect event revenue
however SMG does not recommend that these policies change at this time.
The food/beverage agreement with Classic Sports Catering includes the Amphitheatre obtaining
a minimum of 25 percent of revenue without Amphitheatre operational risk on food/beverage
revenue at each event. As of July 31, 2010, Booth Amphitheatre has recognized $390,264 in
gross sales from food/beverage sales for the season.
During the event season SMG and Classic Sports Catering meet weekly to discuss the menu
offerings at the Amphitheatre. Our mutual goal is to provide a wide variety of items, increase the
points of sale and increase the service time so that patrons can enjoy the main stage activity they
have come to see. The concession buildings have received various upgrades since the
Amphitheater opened in 2001. The Cobblestone Courtyard was upgraded in 2003 and this
season is the first complete season the Crescent building has been operating with its upgrade.
These upgrades include the use of equipment in each building such as pizza ovens, flat top grill,
coolers, fryers, etc. Below is a copy of the 2010 menu at Booth Amphitheatre that demonstrates
the full use of the buildings and equipment. New to the menu this year are specialty sandwiches
made with Great Harvest Bread, Chubby’s, Chick-fil-A sandwiches and specialty desserts.
If patrons can’t find anything to their liking on the venue menu, they can still visit our Picnic in the
Park partner’s websites to pre-order their picnic dinners. These dinners are then delivered to the
venue for patrons to pick up at the event. In 2010 the picnic-in-the-park partners included Chickfil-A, Jimmy V’s, Dickey’s BBQ and WholeFoods. Sales from our Picnic in the Park vendors are
$6,430 to date.
SMG elected to turn the Pine Needle Pub area into a designated smoking area. Classic Sports
Catering, capitalized on these efforts by promoting a variety of beverage sales to this crowd. They
feature micro-brews, domestic beers and on special occasion a variety of wines. These
October 14, 2010
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concession offerings together with a small stage featuring acoustic acts have added another
interactive area for our patrons to enjoy.
SMG receives a percentage of net revenue (after taxes) from both Classic Sports Catering and
3rd party vendors (i.e. Lumpy’s Ice Cream) at each event. The chart below outlines the “per head”
spending trend in food and beverage since 2008 for each event series.
2008–2010 Per Cap Comparison Chart
EVENT CATEGORY
2008
GROSS
PER
CAP
Community Events
(patrons can bring in
their own picnics)
Festivals (patrons
were not permitted
to bring picnics
Concerts (patrons
were not permitted
to bring picnics)
Rentals (patrons
were not permitted
to bring picnics)
Movies (patrons can
bring in their own
picnics
Symphony (patrons
can bring in their
own picnics)
2008
VENUE
SHARE
OF PER
CAP
2009
GROSS
PER
CAP
2009
VENUE
SHARE
OF PER
CAP
2010
Projections
2010
Projections
GROSS PER
CAP
VENUE
SHARE OF
PER CAP
$1.47
$0.27
$1.74
$0.25
2.61
0.46
$5.83
$1.33
$5.43
$1.20
3.59
0.74**
$13.88
$4.19
$12.97
$3.51
15.63
4.44
$3.38
$0.63
$2.40
$0.41
2.42
0.54
$1.42
$0.30
$1.63
$0.32
2.16
0.35
$1.32
$0.29
$1.78
$0.31
2.09
0.35
* revenue numbers do not include private catering
** the reason for drop in revenue is directly related to decrease in festivals from 2009 to 2010 and
inclement weather at the Soul Picnic
Capital Equipment Expenditures
The following is a list of capital equipment items approved for SMG to purchase for the 2010
event season.
2010 Approved Capital Item
Stage Barricade
Production Equipment – lights
and speakers
Phone System Upgrade
Portable Work Lights
TOTALS
Description
100 feet
2010 Budget
$12,000
$20,000
2010 Actual Costs
$0
$10,000 projected
Phone equipment
for HYCC office &
KBA
$25,000
2
$15,000
$72,000
$25,000
$0
$35,000 projected
Stage Barricade – Barricade railing is typically set up in front of the stage to separate the artist
from the fans. The barricade prohibits fans from accessing the stage and is an extra element of
security for the artist. SMG either rents or borrows this equipment from other venues an average
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of seven times a season at a cost of $1,500 per event. SMG elected to not purchase this item in
2010, as adequate storage was not available during non-event days. Cost = $0
th
Production Equipment – as the Amphitheatre entered its 10 year of operation it was necessary
to upgrade and replace various lights and sound fixtures throughout the venue. The need for
these repairs is due to the normal wear and tear caused by weather exposure at an outdoor
facility. Cost = $10,000 projected to be spent.
Phone System Upgrade – SMG needed to upgrade the venue and Herb Young Community
Center office phone systems. These systems were not included in the phone system upgrade the
Town of Cary conducted in 2010, as they are primarily managed by an outside source (SMG).
Cost = $25,000
Portable Work lights – at the conclusion of each event SMG found that exit way lights are not
sufficient in assisting patrons back to their vehicles. Portable work lights are required to assist
with this need and can be transported to different areas of the venue or even other Town of Cary
events if needed. Public Works elected to purchase these items as they could use them at other
Town sponsored events such as Lazy Daze and at the WakeMed soccer park.
2010 Booth Amphitheatre Financial Overview:
The 2010 approved indirect operating expense budget was $816,877. This included full-time
employee salaries, seasonal/contracted employee wages, operations, production services,
postage, stationary, marketing, utilities, insurance, uniforms, signage and licenses. As of August
31st, 2010 the actual 2010 indirect operating expenses are forecasted to be $756,928. SMG
monitors the monthly cash flow and expenses and reduces expenditures throughout the season
when possible.
A combined effort of reducing the indirect operating expenses and maximizing revenue streams
from concerts, rentals, season tickets, sponsorships and miscellaneous ancillary accounts has
resulted in the Amphitheatre projecting a loss of ($156,184) compared to the SMG budgeted
Amphitheatre loss of ($210.067) An audit performed by an outside auditor is planned for
December of 2010 and the actual Amphitheatre profit & loss statement will be provided to the
Town of Cary at that time.
2008 Actuals
2009 Actuals
2010 Projections
148,221
134,176
116,455
64 events PLUS 38 days of
Tinsel Town
60 (no Tinsel Town)
66
$98,000 + $29,350 for
Tinsel Town
$98,500
$97,500
Season Ticket Revenue
$37,927
$41,767
$68,633
Lawn Chair Rentals
$8,868
$8,883
$4,456
Preferred Parking
$20,390
$33,680
$25,900
Trade Services Value
$75,000
$50,000
$50,000
$38,655 *
$54,295
$49,390
# of rentals
22
21
18
# of festivals
9
11
8
48 (Includes 38 days of
Tinsel Town)
10
8
Attendance
# of total events
Sponsorship Revenue
Ticket Rebates
# of community events
October 14, 2010
Page 97
2008 Actuals
2009 Actuals
2010 Projections
14
16
13
Food & Beverage
Revenue
$133,074
$137,194
$167,750
Facility Fee Revenue
$155,323*
$105,881
$90,097
Other ancillary income
(atm, merchandise)
$21,283
$29,869
$20,000
Profit/(Loss)
*Downside protection
provided to promoter
($198,830) was the
budgeted loss and ($172,
937) was the audited loss
($222,437) was the
budgeted loss, ($82, 212)
was the audited loss
($210, 067) is the
budgeted loss;
($156,184) is the
projected loss)
# of National Acts
(includes outside
promoter, Symphony and
TOC events
In summary, SMG is projecting an 8% decline in attendance as compared to 2009 figures and a
financial loss of ($156,184) in revenue for Booth Amphitheatre. Despite fewer event attendees
this season, SMG has been able to make budget adjustments so that the Amphitheatre budget
will be met. SMG attributes the decline in attendance and venue revenue to a sluggish economy
and poor weather at several events (Pony Softball, Beethoven Summerfest Concert and three
movie nights).
To account for current Amphitheatre concert industry trends, the economy and the potential for
negative weather impacts, SMG has developed a comprehensive plan for programming, revenue
and expenses for 2001. The action plan is listed below.
2011 Booth Amphitheatre Action Plan
Goal # 1: Provide performances by nationally acclaimed artists
SMG is currently discussing renewal options with concert promoter Outback Concerts for the
2011 and 2012 event season. SMG will work to secure a guaranteed number of events and
structure the financial terms to include the Amphitheatre absorbing zero risk in producing each
event.
SMG is also recommending that the Amphitheatre budget continue to include funding to copromote concerts/events in 2011. The goal for these budgeted events is to further enhance the
programming offered by the Amphitheatre to Town of Cary citizens. This money will only be at
risk if SMG determines the venue does not have enough variety or number of shows scheduled
for the season.
2011 Performances by Nationally Acclaimed Artist Budget:
Event Type
6 Rock Shows by
Outside Promoter
5 Middle of the Road
Shows
3 TOC Concerts
Projected 2011
Attendance
Projected 2011 Venue
Net Revenue
3,000 per show
$33,375 per show
2,500 per show
2,000 per show
$25,000 per show
$5,000 per show
October 14, 2010
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Event Type
Totals
Projected 2011
Attendance
36,500
Projected 2011 Venue
Net Revenue
$339,650
Goal # 2: Continue to offer, develop and expand opportunities with the North Carolina
Symphony
The Symphony has been forthcoming with SMG and the Town of Cary’s Cultural Arts Manager
about the financial strain the orchestra experienced in 2009 and again in 2010. The Symphony
has also notified both SMG and the Town of Cary that they will have a new CEO for the 2011
event season. Despite the economic challenges the Symphony experienced in 2010 and a new
management leader, they have notified SMG that the seven Summerfest shows and the annual
4th of July celebration will return again in 2011. SMG will continue to budget conservatively with
projected attendance comparable to 2010 numbers and the overall series demonstrating a
financial loss.
As part of our annual partnership, SMG would again recommend the Amphitheatre continue to
partner with the North Carolina Symphony on producing, at least two events with guest artists.
SMG also recommends that $25,000 be budgeted to support these guest artists verses the
$30,000 that was earmarked in 2010. These added funds assist the Symphony in providing artists
that may attract a wider audience to the Summerfest Series however with the decrease in
attendance in 2010, SMG recommends a reduced financial risk in the talent fee category.
2011 Symphony Planned Events
PROJECTED EVENTS
5 Summerfest Concerts
2 Guest Artist Summerfest Concerts
2011 PROJECTED
ATTENDANCE
1,500 per event
2011 PROJECTED NET
REVENUE
$1,000 per show
2,175 per event
4th of July – free to the public
10,000
($3,500) loss per show; ($7,000)
total
Breakeven
TOTALS
13,675
($2,000.00)
Goal # 3: Develop a Summer Theatre program specifically designed for the Amphitheatre.
Upon review of the customer service survey results for the 2010 theatrical production of
Shakespeare’s 12th Night, it is evident that that there is community interest in outdoor live theatre
events. Recommendations were made on staging, ticket pricing and future plays/musicals that
patrons would like to see at the Amphitheatre. SMG recommends that the Amphitheatre host
another outdoor theatre production in 2011 and again work with local theatre developers and
actors. The addition of a 4th show to a three-show run may also assist in a theatre series
increasing its profitability. In hosting a theatre event in 2010, the Amphitheatre now owns several
set items, props and costumes that may be used in a theatre event in 2011. Despite owning items
that can help reduce future start up costs, SMG does recommend budgeting a theatre event at a
loss, although less than the 2010 recognized loss.
2011 Theatrical Planned Event:
PROJECTED EVENTS
1 Outdoor Theatre
Production (4
performances)
TOTALS
2011 PROJECTED
ATTENDANCE
750 per performance
2011 PROJECTED NET REVENUE
3,000
($20,000)
($20,000) for the show run
October 14, 2010
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Goal # 4: Develop partnerships for performances with quality local, regional and statewide
performing arts organizations
SMG will again reach out to local, regional and statewide performing arts organizations for
collaborations with Booth Amphitheatre. Organizations such as the Carolina Ballet, North
Carolina Opera and local University theatre troupes are just examples of the groups SMG will
seek partnerships in 2011.
SMG is budgeting for these partnerships with performing arts organizations to breakeven.
2011 Partnerships with Performing Arts Organizations:
PROJECTED EVENTS
2011 PROJECTED
ATTENDANCE
3 performances
TOTALS
2011 PROJECTED NET
REVENUE
1,000 per event
3,000
Breakeven
Breakeven
Goal # 5: Develop festivals that provide community participation and help establish a
community identity
SMG is recommending that a combination of festivals from outside promoters and locally based
non-profit groups return in 2011. A sampling of the events that SMG recommends return in 2011
include the Wine Festivals, the Diwali Festival, La Ley, Beer Festival and festivals such as the
Soul Picnic.
2011 FESTIVALS:
EVENT NAME
5 Festivals
2 Town of Cary Sponsored
Festivals
TOTALS
2011 PROJECTED
ATTENDANCE
2,500 Per Event
2011 PROJECTED NET
REVENUE
$14,000 Average Per Event
2,500 Per Event
$1,000 Average Per Event
17,500
$72,000
Goal # 6: Develop a rental program for the use of the Amphitheatre space that does not
compete with performance times
SMG does not recommend changing the rental fees for Booth Amphitheatre in 2011. The venue
rider format used in 2010 worked well in explaining to potential rental parties the fees for space,
operations, cleaning, catering, etc. The following fees and procedures will remain in place for
2011.
Rental Fees – the fee to rent the entire venue is $5,000 or $3,000 for non-profits/Cary Residents;
Additional areas available for rent include the Crescent at $3,000 or $1,500 for non-profits/Cary
Residents and the Backstage Patio at $1,250 or $750 for non-profits/Cary Residents.
Booking the Venue - Booking priority is given to events presented by Booth Amphitheatre, The
Town of Cary and Booth Amphitheatre’s preferred promoter, Outback Concerts. For all other
rental events, a courtesy “hold” can be placed on dates as requested but dates will be confirmed
or contracted no sooner than outlined below:
Private Rentals – No sooner than 45 days in advance of event date
Public Rentals – No sooner than four months in advance of event date
Concession Policies – the Amphitheatre has an exclusive food & beverage operator and all
catering requests are routed through them for each event.
October 14, 2010
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Costs for services such as parking, security, cleaning, etc – these costs are based on hours
required and range from $10 per person/hour to $25 per person/hour.
Ticketing costs and procedures – there is no cost to using the Amphitheatre ticketing system
but there are costs associated with printing ticket stock and the personnel required to sell tickets
at each event.
Marketing support available from the venue – SMG will incorporate all public events into the
general venue schedule by including information on weekly eblasts and
www.boothamphitheatre.com.
2011 Rentals:
EVENT NAME
2011 PROJECTED
ATTENDANCE
2011 PROJECTED NET
REVENUE
10 Rentals
750 Per Event
$3,000 Per Event
10 Town of Cary Sponsored
Events
1,000 Per Event
Breakeven
TOTALS
17,500
$30,000
Goal # 7: Provide cooperative opportunities with the Amphitheatre “neighbors”
SMG will continue to work with the Advisory Committee on exploring new events to bring to the
venue, improving customer service efforts and enhancing the “Neighbor Card” program.
SMG will also continue its efforts with the residential neighbors in monitoring the effect of sound
traveling from the venue to their homes. Our efforts of working with each artist sound technician
and recording levels throughout the show will again be in place in 2011. SMG would also like the
Council to expand the dba level of 95 dba from three weekend night events to all events. We
would also like to institute the recommendation from the sound study conducted by Grozier and
establish the new measuring location at the Crescent.
SMG also recommends increasing the weekday (Sunday – Thursday) curfew from 10:00p.m. to
10:30pm to allow greater flexibility for patrons coming from work to arrive on time and increase
the ease in changing over the parking lots from the business building tenants to concert patrons.
These requests of dba level and curfew are in line with other area local venues. These changes,
if granted by Council, will be monitored closely by SMG in an effort to minimize the impact on the
residential neighborhoods.
The Movies by Moonlight series will return again in 2011 as it continues to improve year after
year with increased attendance and revenue. SMG is budgeting for 10 films again in the summer
and 5 films for the “Reel-ly Scary Cary” Film series in October 2011.
2011 Movies By Moonlight:
EVENT NAME
10 Movies
Scary Cary Movie Series
TOTALS
2011 PROJECTED
ATTENDANCE
500 Per Event
2,500 For Series
7,500
2011 PROJECTED NET
REVENUE
$750 Per Event
Breakeven
$7,500
Goal # 8: Provide revenues that more than offset the operating costs
Balancing revenue and expenses has always been a goal for SMG while still providing a balance
of programming between national acts and community festivals. The management plan for 2011,
although conservative, is again designed to further reduce expenses and increase revenue.
October 14, 2010
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SMG will continue to solicit additional sponsors to help offset the venue operating expenses. We
will also work with our promoters in establishing an affordable yet profitable season ticket
program.
SMG would like to bring the management of parking services under the SMG umbrella of
management verses outsourcing this operation to a 3rd party in 2011. The Amphitheatre has an
outside party manage these services since the Amphitheater opened in 2001. SMG has used the
2010 season to study the operations, analyze expenses and cost savings and by making this
change, the Amphitheatre could recognize an approximate savings of $20,000 per year.
SMG and Classic Sports Catering will evaluate the food and beverage operations at the
conclusion of the 2010 event season. We will determine what items should remain on the menu
for 2011 and what items may need to retire. Food and beverage revenue is the biggest
component of the Amphitheatre budget and requires continued close examination.
In planning for the 2011 indirect operating budget, SMG will again take a more conservative
approach due to the economic challenges experienced, in particular, by the national concert
industry. SMG is including additional costs into the venue budget that include maintenance on the
stage, sound system, light system and audio system. With the venue approaching its 11th year, it
is time to repair/replace items that are deteriorating due to normal wear and tear.
A summary of projected events, revenue streams and expenses for 2011 are outlined below:
2011 Summary of Projected Events and Profit/Loss:
2011 Budget
SMG's Contractual Summary
Attendance
# of total events
116,450
60
Sponsorship Revenue
$150,000
Season Ticket Revenue
$150,000
Trade Services Value
$50,000
Ticket Rebates
$24,875
#of rentals
20
# of festivals
7
# of community events
7
# of National Acts (includes
Outback, Symphony and TOC
events)
Facility Fee Revenue
Food and Beverage Revenue
Other ancillary income (atm,
merchandise)
2011 Profit/(Loss)
16
$97,300
$168,100
$38,120
($199,846)
2011 Capital Equipment Expenditures
The following is a list of capital equipment requests from SMG to purchase for the 2011 event
season. These items are necessary to operate our business on a more efficient basis.
October 14, 2010
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2011 Capital Item Request
Stage Barricade
Description
100 feet
2011 Projected Costs
$15,000
Stage repair & upgrades refurbishing light tower booths and
house light/sound repairs
$10,000
Updated Grozier Sound
Monitoring System
$15,000
Parking Supplies
Box office marquees & awnings
Lawn Chairs
Concession menu board lighting
TOTALS
cones, vests,
wands,
barricade
$15,000
5
$10,000
500
$15,000
4
$5,000
$85,000
Stage Barricade – SMG elected to not purchase this item in 2010, as adequate storage was not
available during non-event days. SMG has now budgeted a storage unit for the 2011 Capital Item
budget. The barricade could be stored and used on event days. SMG would charge promoters for
use of this item in an effort to recoup the initial stage barricade cost. Since pricing the cost of
barricade in 2009/2010 the estimates for this item have increased slightly from $12,000. Cost =
$15,000
Stage Repair & Equipment – as the Amphitheatre completes its 10th year of operation, it is
necessary to continue with upgrades and replacement of various stage items – light tower booth
refurbishes and house light/sound items. Cost = $10,000
Grozier Sound System Upgrade – SMG needs to upgrade the venue sound monitoring system
to include a new computer system, recording microphone and extended cables so that the most
accurate sound measures can be made. Cost = $15,000
Parking Equipment – SMG would like to directly supervise parking policies and operations at the
Amphitheatre. This will require the purchase of several equipment items such as cones, vests,
wands, additional radios and signage. By purchasing this equipment and managing the parking
operation, the Amphitheatre will reduce annual parking expenditures of, at minimum, $20,000.
Cost = $15,000
Box Office marquees and awnings – Patrons purchasing tickets directly at the box office (50%
of all ticket sales are sold from this outlet) have expressed difficulty in finding the box office and
determining if the box office is open. The natural sunlight and glare on the windows gives the
appearance that the box office is closed. Awnings will provide shade and can have the words
“box office” printed on them. Event information can then be posted in marquees rather than
directly on the box office window. Cost = $10,000
New Lawn Chairs – SMG purchased lawn chairs to rent to the public in 2004. These chairs paid
for themselves after one season with lawn chair rental fees and a sponsorship. These chairs are
now 7 years old and replacement chairs are needed. 500 of these chairs can be purchased and
SMG will once again solicit a sponsor to help cover the costs. Cost = $15,000
Concession menu lighting – When the sun sets during an event it becomes difficult to see the
concession menu’s posted on the outside of each concession building. SMG would like to install
October 14, 2010
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tasteful non-obtrusive lighting fixtures to help patrons determine their food/beverage selection.
Cost = $5,000
Conclusion:
Over the course of seven months SMG is estimating that over 116,000 people will visit the
Amphitheatre in 2010 to attend 66 events consisting of concerts, festivals, movie nights, live
theatre, non-profit fundraisers and private events.
th
As we move into Booth Amphitheatre’s 11 year of operation, SMG shares in the Town of Cary’s
commitment to providing a world-class facility for its citizens. SMG will continue to offer dynamic
programming at affordable prices with excellent customer service!

2010 Summary of Usage for Booth Amphitheatre
Items Highlighted in Bold Italics are Town of Cary Sponsored events and/or promoted by
not- for- profit organizations.
Of 66 event days in 2010, 43 were tied to a not-for-profit organization or sponsored by the Town
of Cary.
April 4th – Crosspointe Church
April 10th - Cary Road Race
April 10th – Dick Hoyt Fundraiser
April 17th- Great Grapes Wine Festival
April 30th – My Morning Jacket
May 1st – Rock & Roll Hall of Fame Concert
May 7th – John Prine & Old Crow Medicine Show
May 10th – Private Rental: Cary Chamber
May 16th – Lutheran Church
May 16th – Apex United Methodist Church – canceled due to rain
May 22nd – Lifetime Fitness rental
May 29th – NC Symphony Play with the Pros
May 30th – American Celebration – Concert Singers of Cary & TWE
June 3rd – Movies By Moonlight: Sherlock Holmes
June 5th – NC Symphony Summerfest: Red-White -Blue
June 5th & 6th – Tour de Cure – Amerian Diabetes Association
June 9th – Styx-Foreigner-Kansas
June 10th- Movies by Moonlight: The Blind Side
June 11th – Phoenix
th
June 12 – NC Symphony Summerfest: Tiempo Libre
th
June 17 - Movies by Moonlight: Cloudy with a Chance of Meatballs
th
June 19 - NC Symphony Summerfest: Celebrating 10 seasons
th
June 24 - Movies by Moonlight: Casablanca
June 26th- NC Symphony Summerfest: Ahn Trio
July 1st - Movies by Moonlight: Christmas Vacation
July 4th- Town of Cary 4th of July Celebration
July 10th – NC Symphony Summerfest: Wizard of Oz
July 15th – Counting Crows
July 17th– NC Symphony Summerfest: Beethoven
nd
July 22 - Movies by Moonlight: The Sting
th
July 29 – Movies by Moonlight – 2010
th
July 30 – The Soul Picnic
August 5th – Movies by Moonlight – Taming of the Shrew – canceled due to rain
th
th
August 6 & 7 – Beer-Bourbon-BBQ Festival
th
August 8 – La Ley Festival
August 12th – Movies by Moonlight: New Moon
August 15th – Sheryl Crow & Colbie Caillat
October 14, 2010
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August 19th – Movies by Moonlight: How to train your dragon
August 26th – 28th – 12th Night Theatre production
nd
September 2 – REO Speedwagon/Pat Benatar
September 10th – Wedding
September 11th – Garrison Keillor – Prairie Home Companion
September 12th – Extreme Networks Rental
September 18th – Foxy Anniversary Show
September 19th – Volunteer Picnic
nd
September 22 – Crosby-Stills-Nash
rd
September 23 – Lady Antebellum
th
September 24 – Triangle Uncorked
nd
October 2 – Memory Walk
October 2nd – Garba Dance Night
October 3rd - Maripolooza
October 8th – Indian Movie Night
th
October 9 – Eid Festival
th
October 16 – Diwali
October 23rd - Wag-n-Walk
October 24th – Boundary Walk
October 26th – 30th Reel-ly Scary Cary
.75 per paid ticket of each Movie Night was given back to the WakeMed Children’s Hospital
20% of lawn chair rentals at ALL events is given to the PRCR Scholarship fund
***************
2010 Overview
Over the past several years SMG has made a concerted effort to reduce the operating deficit for
the facility. Amphitheatre staff has continued to narrow the budget deficit for the Amphitheatre
and continued to improve on its financial performances. Since 2004 the deficit declined and
reached its lowest level last season (2009) at $82,212 (the approved budgeted loss that season
was $222,437). While we continue to project that the final budgeted loss for 2010 will be
significantly better than budget, it will not duplicate the remarkable difference between budget and
actual that occurred in 2009. The 2010 management plan anticipated a loss of $210,067 and the
current projection of $156,184 represents a 25% improvement over budget. For 2011, the
management plan continues to take a conservative approach to the potential deficit by projecting
the deficit at $199,846. The attached chart illustrates these financial trends.
***************
October 14, 2010
Page 105
Staff supports budgeting a higher deficit than is projected for this year. A conservative approach
is justified since, as an outdoor venue, there are a wide range of variables that can affect its
financial performance (weather, availability of touring acts, overall economic situation, other
entertainment options in the region). Given the facility’s track record, the actual deficit may be
considerably less. It should be noted, though, that last season’s swing should be considered
unusual (though a good example of the variability in the outdoor concert industry).
As noted above, 2010 is projected to continue the Amphitheatre’s recent record of improving
upon budget projections. Several factors should be noted:


Promoted Concerts: The 2010 season marked the second year that the Amphitheatre has
contracted with Outback Concerts to be the facility’s preferred promoter. The agreement
called for Outback to promote a minimum of ten concerts. That minimum was met with one
additional concert presented for a total of eleven. However, the overall number of concerts
numbers was fewer this season (a total of twelve with the Rock Hall concert being promoted
jointly by the Rock Hall and the Town). In 2009 a total of fifteen concerts were presented
(thirteen by Outback and two by other promoters). Obviously this has had a budget impact.
While the concert area of the budget continues to perform better than projected, fewer
concerts result in less revenue. Last season promoted concerts generated $90,269 over
budgeted revenue while this year concerts are projected to generate just under $40,000 more
than had been budgeted. Nonetheless it has been an outstanding season with numerous
patron comments on the variety of artists. As noted in the management plan, although
attendance and revenue is down this season, the numbers here are significantly head of
national trends. SMG recommends continuing the Amphitheatre’s contract with Outback as
preferred promoter and negotiating a two year contract. Given the success of the last two
years in this programming area, staff concurs with this recommendation.
Summerfest: Summerfest with the North Carolina Symphony is, of course, the bedrock of
the Amphitheatre season and the reason the facility exists in the first place. This season
marked the tenth Summerfest since the facility opened and the twenty-fourth Summerfest in
Cary. That makes it all the more disappointing that 2010 had the lowest attendance since the
2003 season, especially since last season saw the highest attendance ever. Not counting
th
July 4 , overall attendance was down 36% to 11,891. Relative to the Amphitheatre budget,
October 14, 2010
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

however, the series did slightly better than anticipated (.08 percent or $611) with five of the
seven concerts generating revenue and performing better than projected. This reflects more
careful and conservative budgeting forecast in the Amphitheatre management plan,
understanding that the Amphitheatre subsidizes Summerfest (2010 budgeted for a $7,500
subsidy). There were bright spots including the extremely successful Wizard of Oz event and
July 4th. Also it should be noted that rain marred the final concert which traditionally has had a
high attendance (down more than 3,000 from 2009). Had that concert not been weather
affected attendance figures would have been close to the 2008 attendance. SMG and Town
staff continue to meet with the symphony staff to work on a joint programming plan that will
continue the more positive Summerfest trends.
Festivals: SMG continued working with outside organizers to bring festivals to the
Amphitheatre in 2010. In addition to the two wine festivals, the beer, bourbon and barbeque
event (expanded to two days), and the La Lay festival all returned from previous years. Due
to the continued challenging economic climate the three new festivals that came to the
Amphitheatre in 2009 (Carolina Bluegrass, Soul Picnic and LifeFest) did not return, which
resulted in significantly less festival revenue than last year (though this area still exceed
budget projections by more than $30,000). Town sponsored festivals, Diwali and Eid,
continue to be successful events and add diversity to the facility’s programming.
Theatre: As provided for in the 2010 Management Plan, the Amphitheatre produced its first
fully mounted theatrical production this season. Shakespeare’s Twelfth Night was presented
the last weekend of August. As a first year production, overall, staff would consider the event
a success. It was performed over three nights, with the audience virtually doubling each
night. The performance received wide-spread positive publicity and reviews. As noted in the
management plan, patron response to audience surveys was extremely positive, and it
appears that there is a market for this type of outdoor theatrical performances in the Triangle.
Financially, the event was projected to be subsidized; however, the final subsidy was
significantly higher than initial projections. Some of this can be attributed to start-up
purchases (set materials, costumes, supplies) that can be used for subsequent productions.
When those costs are taken into account, the event missed its budget target by $7,500. SMG
is recommending continuing the program for a second year, while recognizing that it will
continue to require subsidy and has taken a more conservative approach to its budget. In
addition, recognizing the audience growth over the course of the run, the management plan
calls for an additional performance. Staff concurs with these recommendations.
There were also other factors that should be noted for 2010:



Concession Operations: The 2010 season marked the third year that Classic Sports
Catering has provided concession services to the Amphitheatre and the first full season that
the upgraded Crescent kitchen was in operation. The impact of this upgrade can be seen in
the increase in “per caps” (the average dollar amount calculated to be spent by each patron).
In addition patron surveys continued to rate food quality highly. Also Classic Sports Catering
has increased the variety of third party vendors which has increased the variety of offerings.
The only area that saw a decrease in “per caps” was festivals, and according to SMG this
decrease can be attributed to weather impacts at some festivals (the Soul Picnic – rain - and
La Ley – heat) and added barbeque vendors at the Beer, Bourbon and Barbeque festival.
Overall food and beverage income increased by over $30,000 (25 percent).
Sponsorship: Given the current economic environment, sponsorship revenue continued to
hold up remarkably well. The $97,500 realized in 2010 was down only $1,000 from 2009.
While the Amphitheatre did not reach its sponsorship budget of $150,000, maintaining current
sponsors at basically the same levels is noteworthy.
Movies by Moonlight: This movie series continued to be popular. Attendance was up over
2009 by almost 1,000 patrons (a 13 percent increase) As a result of the 2009 series, SMG
increased the budgeted income for this season by 50% and was only $155 short of its
budget. In addition SMG is bringing back the popular Halloween week movie series, A Reel-ly
Scary Cary, which was presented for the first time in 2009. While last year the series did not
breakeven, as a new program it was well received and is expected to grow. Also, as with the
October 14, 2010
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
theatre program, there were a number of start-up expenses in the way of decorations that will
not be needed in the second year. Staff concurs with the recommendation to continue this
series.
Sound levels: Sound levels appear to have been less of an issue during the 2010 season
than in the past. As noted in the management plan, very few complaints have been formally
received by either Amphitheatre or Town staff. Part of this change may be due to the
implementation in 2009 of some of the recommendations from the sound study conducted by
Ted Leamy which resulted in lowering the dB averaging to five minutes from ten. The most
significant change this year was the authorization by Council to allow up to three weekend
concerts to have increased dB levels from 92 to 95 as measured by the Grozier system. Only
two concerts elected to take advantage of this increase: “My Morning Jacket” on April 30 and
“Phoenix” on June 11. Of these two concerts there was only one complaint from the Phoenix
concert, and it was from a citizen reporting excessive bass disturbance though she lived quite
a distance from the Amphitheatre. At the same time, despite the increased levels for My
Morning Jacket, there were significant complaints registered by concert patrons on surveys
returned after the concert. As noted in the management plan, four events were fined for
sound violations in 2010. A complete listing of event dB levels to date is included in the
management plan. In the continuing effort to balance the sound needs of bands, audience
and neighbors, SMG brought in Grozier consultant Richard Cann during the Pat
Benatar/REO Speedwagon concert to assess sound conditions. As noted in the report
attached herein, Mr. Cann made a number of recommendations including assessing whether
to measure bass level dBs or treble level dBs (dBC verses dBA), the location of the
microphone measuring dB levels and more in depth information from surrounding neighbors
as to how sound levels are affecting them.
***************
Brief Assessment of Sound Limiting at Booth Amphitheatre
1)
Credits
This report is based upon a visit to the Booth Amphitheatre on Thursday September 2 2010 for
the concert performances of Pat Benatar and REO Speedwagon. My hosts for the event were
Becky Schmidt , General Manager, SMG Management, to whom this report is submitted, and
Dave Clemmer Production Manager, SMG Management. Additional input from — Lyman Collins,
Cultural Arts Manager, Town of Cary and Harold Weinbrecht, Mayor Town of Cary
2)
Background
For the past 8 years the venue has been using a Grozier Sound Level Management System to
help control the sound emissions from the facility into neighboring communities. The criteria
placed on sound levels are 92 dBA 5 minute average at the mix location 80 feet from the front of
the stage. This sound level limit is one of the most strict in the country proving, for some artists
such REO Speedwagon, to be severely restrictive to their customary presentations. Similarly, the
audiences attending these presentations find the sound levels disappointingly low. Nevertheless,
the neighbors at times find that concerts are excessively intrusive into their activities giving rise to
significant conflict.
Consequently. this visit was to determine facts and to explore and suggest ways in which more
satisfaction might be found for all parties; audiences, Town of Cary, artists SMG, and the
neighboring communities.
3)
Current Regulation.
The current regulation uses the metric dBA at the mix location. This metric is universally common
for measuring sound at a recipient’s location yet in this case the limit is applied close to the
source while recipients are further away from the source, at least a quarter of a mile away. Other
music venues apply different criteria for qualifying acceptable sound levels, adopting the view that
October 14, 2010
Page 108
the sound level in the venue is generally of little interest; it is the escaping sound that causes
disputes.
4)
Sound Level Measurements
These measurements were made from 8:45 pm to 9:15 pm during the REO Speedwagon
performance. Information on dBA dBC weighting can be found at the end of this report and also
at http://www.grozier.com/MetricdbAdbC.shtml
Lions Gate Drive: Sound level measurements in this adjacent community were strongly
dominated by low frequency sound below approximately 250 Hz. Though no measurements
were made inside residences, engineering expertise shows that low frequency sound penetrates
windows readily, potentially interfering with indoor activities. The road sound level was 59 dBA
and 74 dBC showing how strongly the sound is weighted in the bass.
Seating at the Crescent: dBC sound levels were found to be 6 dB greater than dBA levels.
5)
Recommendations
a) Sound Limits: A sound level limit is typically tied to sound level that has three parts, the
frequency filter, time period and a dB level. The dB level limit is selected by the user, the
time period is recommended to be set at 5 minutes, leaving the frequency filter to be yet
determined. This selection depends on what aspect of the sound the community
residents are complaining about. The aspect of the sound that generates complaints has
not yet been fully documented for the Park. For example, details such as, were
complainants trying to play classical music while a bass beat from the Park was
dominating, was a complainant outside on a deck rather that indoors, or was a
complainant watching a favorite show on TV, all would provide valuable information to
better improve sound control.
What is needed now is a more detailed log of complaints that record such data as shown
in a sample questionnaire below. Evaluation of the results will establish better guidelines
for future sound level limiting. Such a questionnaire can readily be implemented
immediately if pertinent questions are added and finalized quickly.
Input from the questionnaire would provide data to help establish new limits and to design
a new Grozier system that would better address the concerns of the neighboring
communities. The frequency filter for assessing when the sound limit is exceeded might
be based one of those tabulated below:
Sound frequency filter
63 Hz octave band such as
used at Chastain Park
dBC
dBA
Custom filter band explicitly
selected for this application
Combination of any of the
above
Comment
Allows controlling the bass beat while giving free rein
to the mid frequencies (See Addenda)
Includes both the dBA and the bass
limit as currently used
b) Red Flags: Currently when the sound exceeds the limit, a red flag is generated. The
final count results in penalties at the end of the concert. But there are other options such
as that used at the Hollywood Bowl. There, a sound level budget is allocated to each
decibel level with an ultimately not-to-exceed dB level. The Grozier System computes
the percentage of the budget used at any moment. Penalties are based on exceeding
the budget. This is a more complicated limiting procedure but it does perhaps give the
artist more control over the dynamics of the presentation.
October 14, 2010
Page 109
c) Measurement location: Since some artists bring their own speaker stacks and others
use the in-house speaker array, a more consistent measurement of sound emissions
from the Park can be obtained by measuring the sound level further away from the stage.
The Crescent would the preferable location to select. Permanent installation of the
Grozier System within the Crescent Building would ensure consistent measurement of
sound emissions at all times. Taking the Grozier System away from the Mix would also
allow the FOH engineer more freedom in an already congested area. In addition, the
Grozier System microphone would not pick up local noise.
Careful placement of the microphone at the Crescent may be important, especially if a
low frequency limit is applied. Typically, concessions and utility rooms use strong fan
exhausts which may generate low frequency tones interfering with measurement.
Based on our current understanding of location of complainants, there seems to be no
technical reason to have 2 microphones in the new Grozier system. The direction to
Lions Gate Drive is sufficiently to the front of the facility for implementing a one
microphone system. If a compromise is necessary, then locating the microphone to the
south-east end of the Crescent would be acceptable. However, if complaints are to the
south-west or west then a second microphone would be required.
d) Data Distribution: It is customary for data from Grozier Systems to be distributed by
Intranet. This network allows anyone who is authorized to receive sound level data on
their computer using a browser such as Mozilla or Internet Explorer. This access is best
accomplished using CAT 5 cabling wired with home runs to a central hub. For example,
with a hub backstage, CAT 5 cables would need to be run to the Crescent, to the Mix
location and to office spaces.
Though wireless may appear attractive, in a large radio-congested zone such as
Regency Park, consumer wireless connections greater than 50 feet can become slow
and unreliable. Such slowdown would most likely occur whenever other Park activities
are sharing the same network.
6) Draft Questionnaire
This questionnaire is designed to be administered to each caller. The exact date and time of the
call should be recorded. (It would be ideal to also record the gender and age of the caller though
this may not be possible.)
This questionnaire needs to be made consistent with likely local activities that may be
relevant.
1
What is your address (street and
number or street within a
neighborhood)?
2
3
Do you hear the offending sound at
this moment?
H Have you ever visited the
amphitheatre?
If YES to Question 2
4
Are you inside or outside?
5
What activity were you doing when
the offending sound interrupted you?
6
Do you hear rhythmic bass?
7
Do you hear the words of performers?
If so, are they male or female?
YES/NO
YES/NO
OUT / IN
YES, NO
YES, NO
MALE / FEMALE
October 14, 2010
Page 110
8
9
Is this the first time that you have
identified concert sounds?
If not, what prompted you to call now?
If NO to Question 2
10
Were you inside or outside?
11
12
13
14
15
YES, NO
OUT / IN
What activity were you doing when the TV , Reading, Entertaining friends,
offending sound interrupted?
Other (specify)
Did you hear rhythmic bass?
YES, NO
Did you hear the words of
performers? If so, were they male or
female?
What was the date and time?
YES, NO
Was this the first time that you had
identified concert sounds?
YES, NO
MALE / FEMALE
Addenda
Sound Level Filtering
There are two common metrics for sound dBA and dBC. The dBA filter approximates the hearing
responses of persons, while the dBC includes the full sound pressure spectrum.
Details are shown in the attached graph.
A custom choice of monitoring the low frequency sound essentially employs a filter which is the
difference between the dBA and dBC filters shown by the shaded area.
***************
October 14, 2010
Page 111

As a result, SMG is requesting in its capital equipment budget funding to recalibrate the
Grozier system based on further finds from Mr. Cann and additional research and evaluation.
In addition, Mr. Cann noted that the Amphitheatre has one of the strictest sound level limits in
the country. Staff concurs with the recommendation to continue working with the Grozier
company on improving mechanisms to accurately assess sound levels for both patrons and
neighbors.

Feedback recommendations: As noted in the Management Plan, the Amphitheatre
conducts patron feedback for select events through on-line surveys distributed to patrons
who have purchased their tickets through Ticketmaster and provided an email address.
Overall responses are positive as noted in the Management Plan. The Plan also notes the
top three areas of concern:



Sound policy – patrons commented negatively on low volume levels at the concerts
Curfews – 10 p.m. week days causes concerts to begin earlier and causes problems
for patrons getting to the amphitheatre after work
Directional signage
In response to these concerns, SMG has made specific recommendations. Below please find
those recommendations and staff’s response:
Sound Policy - In response to sound complaints, SMG recommends a sound level limit of
95 dBA for all events. While sympathetic to this issue, staff does not recommend a total
change in sound levels. Given the continued Grozier study and the recommendation to
improve dB measurements, it would be premature to completely change sound levels.
Staff does recommend expanding the current pilot program by continuing to allow for up
to three weekend increases and in addition to allow up to two weekday increases. The
final levels would be consistent with the Grozier recommendations after relocating the
measuring microphone. This approach will allow both SMG and Town staff to assess the
impacts of both sound levels with what is anticipated to be improved measuring abilities.
Curfew - SMG recommends a curfew time of 10:30 p.m. for weeknights. In light of the
curfew levels at the new Raleigh amphitheatre, staff finds merit in this recommendation
though would not completely abandon the earlier curfew time. Staff recommends the
10:30 p.m. curfew during the time of summer vacation for traditional schools for Monday
through Thursday evenings (since a primary reason for changing the curfew is to allow
people to get to earlier concerts after work, for most people that should not be an issue
on Sunday, thus no reason to change the 10 p.m. time on that day).
Directional Signage - SMG recommends using temporary signage to direct patrons out of
the parking lots following concerts. Staff supports the recommendation for temporary
signage.
There are two additional issues for 2011 that staff would like Council direction.

Town Promoted Concerts: Once again the Management Plan provides for three Town
promoted concerts to allow the Amphitheatre to take advantage of other possible concerts or
to balance the season with other types of performances that our preferred promoter is not
able to produce (or seeks to co-promote with the Amphitheatre). This year the only Town
promoted concert was the Rock Hall concert on May 1. This concert resulted in a loss of
$8,164 and an overall budget variance of $13,164 (Town promoted concerts are expected to
produce $5,000 net revenue). This illustrates that such concerts, though aiming to produce
revenue may in fact result in losses. Nonetheless it is beneficial to retain the flexibility to take
such risks when deemed appropriate. Staff seeks approval from Council for continuing to
October 14, 2010
Page 112
include Town promoted concerts as part of the Management Plan and recognizing the
potential risk associated with such concerts.

Parking: SMG is recommending bringing parking operations in house. Since the
amphitheatre opened, parking services have been provided by McLaurin Parking. During the
2010 season SMG staff conducted a thorough analysis of parking operations and has
concluded that significant savings can be achieved by bring this operations under its direct
control. Such a move will require capital outlay this year to acquire equipment necessary.
But even after such outlay, SMG projects a $5,000 savings and in subsequent years a
$20,000 savings. Staff has reviewed SMG’s analysis and supports this recommendation.
Staff seeks approval from Council to implement this change in parking operations.
Capital Equipment
In the 2010 the approved Management Plan and Budget $57,000 was budgeted for capital
equipment. Of that amount, $35,000 is projected to have been spent by the end of this budget
period. For 2011 staff is recommending $75,000 for capital equipment as detailed below:






Stage Barricade – For certain concerts where performers are requiring a higher level of
crowd control barricades are set up in front of the stage. In the past SMG has had some
success in borrowing this equipment but more recently has had to rent it ($7,500 this
season). Budget: $15,000 (this item was originally budgeted in 2010 and not purchased).
Note: If the storage building is not funded this item should not be funded as there will not be
storage space for it.
Production Equipment – Each year there is the potential for equipment to fail, require
maintenance, or need to be replaced. Staff recommends including an annual line item for
such equipment, understanding that it may not be needed. This year $7,600 has been
needed to date. As the facility continues to age, this may become an increasingly needed
area of attention. Budget: $10,000 (there was $20,000 budgeted in 2010 and only $7,600
was spent)
Updated Grozier system – As outlined above, the Grozier study recommends significant
changes to the current system that is eight years old. This improvement is anticipated to
significantly enhance the abilities to monitor and control sound at the amphitheatre to the
benefit of performers, audience and neighbors. Budget: $15,000.
Parking Supplies – If approved to bring the parking operation in house, this equipment will be
needed. The items needed are: vests, cones, radios, and parking barricades. Budget:
$15,000. Note: If it is not approved to bring parking in house this item should not be funded.
Also this equipment will need storage space provided for in the requested storage building.
Concession Menu Lighting – To assist patrons in reading concession menus posted outside
concession stands. Current lighting only is available from spill over from the windows which
do not provide adequate lighting. Budget: $5,000.
Replacement Lawn Chairs – The current lawn chairs have served through six seasons and
are in increasing disrepair. The lawn chair program generates ancillary revenue for the
amphitheatre budget and also provides $1 per rental to the PRCR scholarship program. The
original chairs were funded through corporate sponsorship and SMG staff will again solicit a
sponsor and will not use this funding if a sponsor is not identified. Budget - $15,000
Total staff recommended capital for 2011: $75,000
SMG did request a capital budget total of $85,000 which included one item in their management
report that is not included in staff’s recommended list: Box Office Marquees & Awning to block
afternoon glare at a cost of $10,000.
Maintenance and Repair
Booth Fiscal Year (BFY) 2011 Projects and Costs:
October 14, 2010
Page 113
Drainage and BMP Maintenance $35,000 (Safety / Maintenance and Repair)
Maintenance is required for drainage in the seating area and the BMP needs maintenance work
to ensure that it meets required specifications.
Asphalt Walkway Box-Office to Crescent $20,000 (Safety / Maintenance and Repair)
Repair to asphalt walkway and slope of bank along edge of walkway, this area handles all of the
pedestrian traffic flow during events and requires repair. This work will require minor grading and
soil stabilization, replacement of asphalt, sealing cracks, and surface sealing of the entire
walkway.
Extend Brick Pavers Walkway $9,000 (Safety / Improvement)
This will include connection of (2) handicap ramps to center walkway ($4,000) and to provide
access around both sides of the center pit in front of the stage area directly behind the Gold
Seating area ($5,000)
Prep and Paint Crescent $75,000 (Maintenance / Improvement)
This estimate is for the complete painting of all painted surfaces of the Crescent section at Booth
as routine maintenance. This work shall include the following; Crescent support poles and
framing, and handrails. This is the first time the crescent has been painted since original
construction. The stage will need to be painted next.
Guest Services Booth Brick Pavers Pad $5,000 (Improvement)
Install a new 16’ by 16’ brick pave pad to accommodate the current VIP temporary tent structure
which currently is in direct contact with the ground, this work will require removal of 1 tree and
grading work to ensure a stable platform for the brick pavers pad.
Gold Circle Chair Storage Tent Brick Pavers Pad $6,000 (Improvement)
Cost to connect existing patio pavers pad with a 20’ by 20’ extension to match existing pad
elevation and type. The area currently has an existing brick pavers pad that is used for storing the
gold circle chairs. A second tent is necessary to provide adequate storage for these chairs,
currently half of theses chairs are sitting on the ground. This new pad will be installed to match
existing level and allow for both tents to work as a single storage unit. This work will require tree
removal and grading work.
Canvas Light tower roofing $2,000 (Aesthetics / Improvements)
Cost to replace (2) canvas covers over light towers, due to age and appearance current canvas
has mold and dirt that has stained canvas covers.
Storage Structure: $50,000 (Improvements)
Storage building to be used to house the newly purchased barricades and equipment to be used
to support the parking management staff these items will be used during all events to direct traffic
flow to and from the facility. The building will be required to match the existing architecture of the
Amphitheater. This estimate is for the cost to build a 20’ by 20’ by 10’ block building that will be
located next to the service road of the stage; costs shall include tree removal, grading, permitting,
and electrical work, concrete footers and flooring, roll up style doorway, and asphalt tie in to
existing service road. This figure is based on $125.00 per sq ft construction cost.
Estimated figure for Projects for BFY 2011 is $202,000
Summary
SMG’s 2011 Management Plan and Budget forecasts an operating deficit of $199,846. This
represents a conservative approach given the potential for weather impacts, the nature of next
year’s touring market, other entertainment options in the region and other variables inherent in
operating an outdoor performing arts facility.
October 14, 2010
Page 114
Fiscal Impact
SMG continues to provide the majority of staffing and other resources necessary to program and
operate the Koka Booth Amphitheatre. The “SMG Projected Deficit” itemized herein reflects the
amount that SMG costs are expected to exceed Amphitheatre revenues as outlined in the line
item SMG budget included below.
BOOTH AMPHITHEATRE
NOVEMBER 1, 2010 TO OCTOBER 31, 2011
INCOME STATEMENT
EVENT INCOME
DIRECT EVENT INCOME
RENTAL INCOME
SERVICE EVENT INCOME
SERVICE EVENT EXPENSE
TOTAL DIRECT EVENT INCOME
ANCILLARY INCOME
FOOD & BEVERAGE
NOVELTY SALES
PARKING
TM REBATES
OTHER ANCILLARY
TOTAL ANCILLARY INCOME
TOTAL EVENT INCOME
TOTAL
306,950
358,180
(566,375)
98,755
168,100
14,000
24,120
24,875
97,300
328,395
427,150
OTHER OPERATING INCOME
ADJUSTED GROSS INCOME
208,750
635,900
INDIRECT EXPENSES
EMPLOYEE WAGES & BENEFITS
CONTRACTED SERVICES
OPERATIONS EXPENSES
REPAIRS & MAINTENANCE
SUPPLIES
INSURANCE
GENERAL/ADMINISTRATIVE EXPENSES
UTILITIES
SMG MANAGEMENT FEE
OTHER EXPENSES
LABOR AND EXPENSES ALLOCATED
TOTAL INDIRECT EXPENSES
441,534
35,000
109,700
15,000
54,000
31,500
23,000
65,000
60,912
100
835,746
NET INCOME (LOSS)
(199,846)
Maintenance for the facility continues to be provided by the Town of Cary’s Public Works Division
and has been factored into their overall staffing levels.
October 14, 2010
Page 115
Current FY2010
Budget
Compared to
Estimated Results
Equals Expected Cash
Available at Season End
SMG Projected Deficit
210,067
156,184
53,883
Public Works Support
174,508
164,026
10,482
Public Works Projects
174,500
160,140
14,360
Capital Equipment
57,000
35,000
22,000
Cash Flow Allowance
500,000
-
500,000
1,116,075
515,350
600,725
2010 Season
Total
The 2010 season officially ends on October 31, 2010. Following all related accounting activity,
the net amount remaining of the $500,000 cash flow allowance balance and other budgeted
accounts will be returned to General Fund Fund Balance. Currently this balance is expected to be
$600,725 as outlined in the table above. The return of this balance will help offset the new
appropriation being requested for the 2011 season as outlined below.
2011 Season Appropriations
Dollar Amount
SMG Projected Operating Deficit
Public Works Support
Public Works Special Projects
Capital Equipment
Cash Flow Allowance
Total Needs for the 2011 Season
199,846
168,947
202,000
75,000
500,000
1,145,793
2011 Season Funding
Less the cash flow funding estimated to be left over from the 2010 season that will be
reappropriated to the 2011 season
(500,000)
Less remaining unspent budget authority from the Public Works and capital equipment
purchases originally planned for the 2010 season
(100,725)
Less budgeted funds as part of FY2011 Operating Budget effective July 1, 2010.
(455,000)
Equals the remaining General Fund Fund Balance Appropriation to the General Fund
Amphitheatre division
Note that since the $199,846 SMG operating deficit is after revenues, the total cost being
appropriated to operate, program, and maintain the Amphitheatre for the 2011 season is
$645,793 which includes the $1,145,793 referenced in the table to the left less the $500,000
allowance to manage cash flow.
While $1,145,793 in total is being requested to fund the 2011 season, the anticipated transfer
from General Fund Fund Balance needed for the 2011 season is currently expected to be
$90,068 as itemized in the table above.
Staff Recommendations
October 14, 2010
Page 116
90,068
1. Approval of SMG’s Management Plan and Budget for the 2011 season.
2. Recognize the potential risks inherent in Amphitheatre promoted concerts and authorize
including such concerts in the 2011 Management Plan.
3. Authorize staff to work with SMG on taking the parking operation in house.
4. Approve the staff recommendations outlined in the staff report regarding the sound levels,
curfew and signage.
5. Approval of reducing the Amphitheatre division budget at October 31, 2010 for the first four
months of the Town’s fiscal year 2011 to equal Amphitheatre division expenses for the same
time period and returning the remaining cash flow balance to the General Fund Fund Balance
which is currently expected to be $600,725.
6. Appropriate the $600,725 from the General Fund Fund Balance and add the remaining
$90,068 from the General Fund Fund Balance to the respective Amphitheatre accounts along
with the $455,000 that was included in the FY 2011 adopted operating budget necessary to
execute the 2011 Amphitheatre season as outlined in the table above totaling $1,145,793.
Since these numbers reflect estimates to complete the year, it is understood that these
respective amounts can be adjusted to correspond with the actual amounts remaining at the
end of October 2010 related to the Amphitheatre operations.
7. Recognize a reimbursement of $370,947 from the General Fund Amphitheatre division to the
General Fund’s Facilities Management division for the 2011 season support ($168,947
support + $202,000 special projects).
Mayor Weinbrecht supports staff’s recommendation except for item #4 (above). He said the
management company recommends a 95 decibel level and staff recommends a 92. Cary has
taken a lot of criticism this year from artists and the audience about having one of the strictest
sound levels in the nation.
Mr. Smith thinks the issues with sound levels are being addressed with upgrades to the system.
He thinks having a more tolerant noise level only hurts the adjacent neighborhood.
Mayor Weinbrecht stated some performers are now going to Raleigh instead of Cary due to
Cary’s strict decibel level.
Mr. Smith stated current sound level helps protect quality of life in Cary.
Mr. Portman asked the status of the Grozier report. Mr. Collins of the Parks, Recreation and
Cultural Resources (PRCR) stated a representative from Grozier visited the amphitheatre and
performed an initial assessment. He said the dBA is the current measurement used, but the
representative is looking at whether the dBC should be used. The difference between them is the
bass sound, which travels in different ways. He said it may be possible to have a higher dBA limit
if the dBC is lowered. There may be less perceived disturbance with a tightening of the dBC and
relaxing at the dBA. He said the goal is to focus on providing the best quality sound experience
for the audience and the performers within the venue while minimizing the impacts on the
neighborhoods. He stated it has been learned from the Grozier study that moving the measuring
microphone back into the facility will also help lower the sound level. He said the study is ongoing
and should end prior to the start of next season.
Mr. Portman asked staff how big of a difference there is in a 92 decibel level vs. a 95 decibel level
from a volume standpoint. Mr. Collins stated a sound expert would have to answer that question.
October 14, 2010
Page 117
Mr. Portman understands wanting the venue to be competitive and serve it’s purpose, but he
thinks council should wait for the study results before making a decision.
Mayor Weinbrecht stated the Cary Band practices very frequently with no complaints, and their
decibel level is over 100.
Mr. Frantz agrees with Mayor Weinbrecht. He hears a lot of compliments on the amphitheatre,
with the only complaint being that the sound level is too low. He supports raising the decibel level
to 95.
Mr. Frantz asked about the parking recommendation. Mr. Collins said the recommendation
means that SMG would manage it, which is currently included within the operating budget.
Mr. Frantz asked if staff has had discussion with McLauren parking to give them an opportunity to
cost match. Mr. Collins said yes, and they are open to discussion but have not stated they could
match it.
Mrs. Robison asked about audience complaints regarding the sound level. Mr. Collins said the
audience responses in the survey are fairly mixed in terms of satisfaction with sound overall.
However, the majority are complaining about sound quality.
Ms. Becky Schmidt-Colwell of SMG added that sound is consistently one of the biggest
complaints they receive.
Mrs. Robison asked how much of a disincentive the 92 decibel level is to artists who come to
Cary. Ms. Schmidt-Colwell said some past sold-out performances have said they will not return
due to the strict decibel limit. This is not only a loss of ticket revenue, but also of concessions
revenue.
Mrs. Robison asked why performers wanting a more lenient decibel limit would not pursue one of
the three nights that, per our policy, permit a higher decibel usage. Ms. Schmidt-Colwell said the
performers’ schedules did not fit into the policy.
Mrs. Robison supports the increase in the decibel limit.
Mrs. Adcock supports raising the decibel level to 95. She stated this is a business decision. The
audience needs to get the best experience at the amphitheatre.
ACTION: Mrs. Adcock moved to approve staff recommendations 1-3 and 5-7 and to
approve the following as item 4: approve staff recommendation outlined in the staff report
regarding curfew and signage, and support SMG’s recommendation of allowing 95 dBA for
all events. Mrs. Robison provided the second. Mr. Smith and Mr. Portman voted “no”; all
others voted “aye”. The motion carried by majority vote.
(Note from clerk: The amended action on Item 4 of the staff recommendation supports the
recommendation to approve a 10:30 p.m. curfew during the traditional school summer vacation
time for concerts held Monday through Thursday as well as temporary directional signs to help
patrons exit the facility after concerts.)
_________________________
G. OLD/NEW BUSINESS (any item pulled from the regular consent agenda for discussion
[agenda item B.1.] will be discussed during this portion of the agenda)
N/A
_________________________
October 14, 2010
Page 118
H. CLOSED SESSION
Closed session was not called.
_________________________
I.
ADJOURNMENT
ACTION: At 7:14 p.m. Mrs. Adcock moved to adjourn. Mrs. Robison provided the second;
council granted unanimous approval.
October 14, 2010
Page 119

October 14, 2010 Page 1 DRAFT Cary Town Council Thursday

Transcription

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