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    Minutes of 04-04-05 Board of Commissioners Meeting (adopted)
WAKE COUNTY BOARD OF COMMISSIONERS
MINUTES
April 4, 2005

The Wake County Board of Commissioners met in regular session Monday, April 4, 2005, at 2:00 p.m. in the Commissioners’ Meeting Room,
7th Floor, Wake County Courthouse, Raleigh, North Carolina. Members present were Commissioners Kenneth M. Gardner, Tony Gurley,
Phil Jeffreys, Betty Lou Ward, Harold H. Webb and Chairman Joe Bryan. Commissioner Herbert H. Council was absent (excused).

Also attending were the County Manager, Mr. David C. Cooke; the County Attorney’s Office, Mr. Scott Warren; and the Clerk to the Board,
Ms. Gwendolyn I. Reynolds.

Chairman Bryan called the meeting to order.
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PLEDGE OF ALLEGIANCE

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INVOCATION

Commissioner Gardner offered the invocation.

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APPROVAL OF AGENDA

Upon motion of Commissioner Ward, seconded by Commissioner Jeffreys, the Board unanimously approved the agenda with the addition of “ Update of County-wide Volunteer Celebration.”
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APPROVAL OF MINUTES

Upon motion of Commissioner Webb, seconded by Commissioner Gardner, the Board unanimously approved the minutes of March 14, March 16, and March 21, 2005.
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WAKE COUNTY GOVERNMENT EMPLOYEE APPRECIATION WEEK

County staff requests that the Wake County Board of Commissioners proclaim the week of April 10-16. 2005, as Wake County Government Employee Appreciation Week, in conjunction with the celebration of National County Government Week.

Commissioner Webb read aloud the resolution and upon motion of Commissioner Ward, seconded by Commissioner Jeffreys, the Board unanimously adopted a resolution proclaiming the week of April 10-16, 2005, as Wake County Government Employee Appreciation Week.
RESOLUTION
PROCLAIMING April 10 - 16, 2005
WAKE COUNTY GOVERNMENT EMPLOYEE APPRECIATION WEEK

WHEREAS, the Wake County Board of Commissioners recognizes that employees are the key to the success of the County; and

WHEREAS, the week of April 10 - 16, 2005, has been proclaimed as National Local Government Week; and

WHEREAS, Wake County Government has approximately 3,500 employees who provide a variety of services to the public on a daily
basis; and

WHEREAS, County employees strive each day to provide excellent service to the customers with whom they work; and

WHEREAS, County employees continuously seek to improve the services that are provided by implementing program enhancements and participating in professional development opportunities; and,

WHEREAS, the Wake County Board of Commissioners wishes to express its gratitude and appreciation to the employees of Wake County Government.

NOW, THEREFORE, BE IT RESOLVED that the Wake County Board of Commissioners proclaims the week of April 10 — 16, 2005, as “Wake County Government Employee Appreciation Week” and encourages all persons in Wake County to honor and salute these dedicated employees.

Adopted this the 4th day of April, 2005.

__________________________________________
/s/Joe Bryan, Chairman Wake County Board of Commissioners
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JUDICIAL DISTRICT 10 DIVISION
COMMUNITY CORRECTIONS ANNUAL REPORT

Chairman Bryan recognized Mr. Doug Pardue, District Manager of Judicial District 10 Division Community Corrections, to present the District’s Annual Report for FY2003-2004.

The Division of Community Corrections is a division of the North Carolina Department of Correction. There are 43 districts across the State and District 10 covers Wake County. The Division is responsible for the supervision of offenders placed on probation by the court system, and inmates released from prison on parole/supervised release. Currently there are approximately 7,000 offenders under supervision in District 10.

Mr. Pardue noted the work of the Wake Day Reporting Center. The Criminal Justice Partnership Advisory Committee, appointed by the Board of Commissioners, recently approved expanding the Day Reporting System with the development of the Resource Center concept to get more referrals. Wake County contracts with Carolina Correctional Services to manage the operations of the Center which has a daily capacity of forty-five offenders, and averages approximately thirty-seven participants per day during the past year. There was also discussion of the Center’s partnership with Wake Technical Community College.

Following comments, the Commissioners received the information as presented.

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FACILITIES, DESIGN, AND CONSTRUCTION DEPARTMENT
BUSINESS PLAN PRESENTATION

The Board of Commissioners has requested that business plans of the departments be presented during regular meetings in order to better inform the public about the services and operations of Wake County Government. Today, Phil Stout, Director of Facilities Design and Construction, presented information on the department.

Mr. Stout outlined the responsibilities of the department: planning and implementation of the County’s Capital Improvement Program (CIP); management of design and construction of capital improvement projects; acquisition and disposition of real estate and land rights; and negotiation and management of long-term property and facility leases. The process used in developing and implementing the CIP was given, the development of master plans and the phases of a typical CIP project. The capital improvement program consists of fifteen elements, and each element includes multiple projects; for example, libraries, schools, parks, open space preservation, criminal justice, and water/sewer. Projects range in value from $5,000 to $100 million each and duration of projects varies from several months to three to four years. Visuals of the types of projects managed by the department were also presented.

Following comments, the Commissioners received the information as presented.
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ACCEPTANCE OF BIOTERRORISM PREPAREDNESS GRANT

The North Carolina Office of EMS, through the US Human Resources and Services Administration (HRSA) Bioterrorism Preparedness Grant program, was directed to create a statewide EMS needs assessment and assist in the development of regional Disaster Response plan. North Carolina’s share of this HRSA grant is distributed through the State’s Department of Health and Human Services Office of Emergency Medical Services to EMS systems throughout North Carolina. Wake County has been advised that its EMS System is eligible for a grant of $96,816 from this Federal Fiscal Year 2004 HRSA grant program. This is the County’s second grant award.

Upon motion of Commissioner Jeffreys, seconded by Commissioner Gardner, the Board unanimously approved the acceptance of the North Carolina Office of Emergency Medical Services Bioterrorism Preparedness Grant in the amount of $96,816 and authorized the Wake County Manager to execute the memorandum of agreement.
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FEDERAL AVIATION ADMINISTRATION GRANT OFFER FOR
RUNWAY SAFETY AREA IMPROVEMENTS

The Raleigh–Durham Airport Authority is planning to accept a grant offer from the Federal Aviation Administration (FAA) in the near term. The grant offer is for constructing limited embankments at each end of Runway 5R-23L in order to upgrade the runway safety area to meet current applicable FAA design standards and provide a safer runway environment.

Wake County, along with the City of Raleigh, Durham County and the City of Durham, are required to accept grant offers made by the FAA under the Airport Improvement Program.

Upon motion of Commissioner Webb, seconded by Commissioner Gurley, the Board unanimously approved the acceptance of the grant offer from the Federal Aviation Administration for runway safety area improvements– Raleigh Durham Airport.
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TAX REPORT

Upon motion of Commissioner Ward, seconded by Commissioner Gardner, the Board accepted and unanimously approved the tax reports as
follows:

1.
Report of Collections – Wake County Only – February 2005
2.
Wake County In-Rem Foreclosure Progress Report – February 2005
3.
Value Adjustments and Special Situations – (Wake County Only), (Wake County and Town of Apex), (Wake County and Town of Garner), (Wake County and City of Raleigh)
4.
Consideration of Requests for Adjustments, Rebates and/or Refunds of Penalties:
(Wake County Only), (Wake County and Town of Cary), (Wake County and Town of Garner), (Wake County and City of Raleigh)
5.
Consideration of Requests for Exemptions – Late Filed Applications: (Wake County and City of Raleigh), (Wake County and Town of Holly Springs)
6.
Request for Tax Relief – Late Filed Applications: (Wake County and Town of Fuquay-Varina), (Wake County and City of Raleigh)
7.
Consideration of Refund for Taxes, Interest, and Penalties: (Wake County Only), (Wake County and Town of Cary), (Wake County and Town of Fuquay-Varina), (Wake County and Town of Garner), (Wake County and City of Raleigh), (Wake County and Town of Wake Forest)
8.
Consideration for Release of Penalties and Interest for Wake County Prepared Food and Beverage Taxes: (Wake County Only)
9.
Rebate Details: (Wake County Only), (Wake County and Town of Apex), (Wake County and Town of Cary), (Wake County and Town of Fuquay-Varina), (Wake County and Town of Garner), (Wake County and Town of Holly Springs), (Wake County and Town of Knightdale), (Wake County and Town of Morrisville), (Wake County and Town of Rolesville), (Wake County and Town of Wake Forest), (Wake County and Town of Wendell)
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TOWN OF ZEBULON
CENTENNIAL CELEBRATION FUNDING REQUEST

Chairman Bryan recognized Mayor Bob Matheny of the Town of Zebulon to request assistance in the celebration of the Town’s 100th birthday. The Town will be celebrating its 100th birthday February 7, 2007 and the Town has appointed a Centennial Commission to plan events to recognize this occasion. These events will run from September 2006 through August 2007. The Town is requesting $25,000.

Upon motion of Commissioner Jeffreys, seconded by Commissioner Webb, the Board unanimously approved the Town of Zebulon’s funding request of $25,000 for their Centennial Celebration.
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PUBLIC HEARING
ORDINANCE AMENDMENT OA 04/12 TO AMEND
THE WAKE COUNTY SUBDIVISION ORDINANCE
TO ADDRESS WATER AND SEWER CONNECTIONS
WITHIN SHORT-RANGE URBAN SERVICES AREAS

Chairman Bryan announced a public hearing to consider an amendment to the Wake County Subdivision Ordinance to address water and sewer connections within Short Range Urban Services Areas, duly advertised as provided by statute for Monday, April 4, 2005, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.

Mr. Keith Lankford, Wake County Planning Department, explained the proposed amendment. He stated that the amendment is intended to implement the County’s Transitional Urban Development policies which are included in the Land Use Plan. It would require new subdivisions to connect to municipal water and sewer systems, if within the following distance of an existing system: a) 50 feet per dwelling unit in a residential subdivision, or b) 50 feet for each 350 gallons of projected water demand or wastewater generation by a non-residential subdivision, and c) maximum required connection distance limited to 2,500 linear feet. Distance calculation applies to each type of system independently (water and sewer). All water and sewer systems must be designed and installed in accordance with the applicable municipal standards. If no municipal standards exist, then the system(s) must be designed and installed in accordance with the applicable County regulations. The permit issuing authority (Planning Director or Planning Board) is authorized to waive the connection requirement if the municipality denies the request for the connection, or there are physical (e.g. topography or intervening development patterns) or legal conditions that make the connection infeasible.

The factual situation having been presented, Chairman Bryan announced that anyone desiring to comment would be heard at this time.

No one requested to be heard in support of or in opposition to the amendment.

The Chairman then called for the recommendations of the Planning staff and Planning Board.

Mr. Lankford reported that Planning staff recommends approval of the proposed ordinance amendment as presented.

Ms. Beth Trahos, Wake County Planning Board, reported that the Planning Board, at its March 2, 2004 meeting, by a vote of 7-0 recommended that the Board of Commissioners approve the proposed amendment, as presented.

Thereafter, Chairman Bryan declared the hearing closed and invited action by the Board.

Upon motion of Ward, seconded by Commissioner Webb, the Board unanimously approved an amendment to the Wake County Subdivision Ordinance to address water and sewer connections within Short-Range Urban Services Areas.
A RESOLUTION INTRODUCING AN ORDINANCE
AMENDING THE WAKE COUNTY SUBDIVISION ORDINANCE
TO ADDRESS WATER AND SEWER CONNECTIONS
WITHIN SHORT-RANGE URBAN SERVICES AREAS


WHEREAS, current subdivision regulations do not require that new developments connect to municipal water and/or sewer systems;

WHEREAS, the Wake County Land Use Plan's Transitional Urban Development policies (TUDs) strongly encourage that new development make such utility connections wherever feasible;

WHEREAS, the proposed ordinance amendment would implement the (TUDs) within the Short-Range Urban Services Areas by requiring that new subdivisions connect to existing municipal water and/or sewer systems that are located within reasonable distances of the developing parcel if such connections are physically and legally achievable;

WHEREAS, adoption of the proposed ordinance amendment will improve the health, safety, and general welfare of Wake County Residents;

WHEREAS, the Planning Board held a public meeting on March 2, 2005, and voted 7-0 to recommend that the Board of Commissioners approve the ordinance amendment;

WHEREAS, the Board of Commissioners held a duly advertised public hearing on April 4, 2005 to consider the proposed amendment;

NOW, THEREFORE, BE IT ORDAINED BY THE WAKE COUNTY BOARD OF COMMISSIONERS:

AN ORDINANCE AMENDING THE WAKE COUNTY SUBDIVISION ORDINANCE
TO ADDRESS MISCELLANEOUS WATER AND WASTEWATER ITEMS

SECTION I



The Wake County Code of Ordinances (Subdivision Ordinance), Chapter 3-4 (Required Improvements and Minimum Design Standards) is hereby amended as follows:

d. Amend Section 3-4-7 (Water and Sewer Systems) by adding the following underlined text:

Section 3-4-7 Water and Wastewater Systems

A. Required connections to Public-Municipal or Community Systems

(3) Required Connections to Municipal Systems

The standards of this section (3-4-7(A)(3)) are intended to implement the county's Transitional Urban Development policies. They apply only within the Short-Range Urban Services Area.

(a) Subdivisions are required to connect to municipal water and or municipal wastewater systems if any part of the proposed subdivision is located within the following distance of an existing municipal water or wastewater system: 50 feet per dwelling unit, provided that the maximum required connection (main extension) distance is 5,000 2,500 feet. This connection distance calculation shall apply to each type of system (i.e. — water or wastewater) independently. (b) If the proposed subdivision is for nonresidential development, the distance threshold for required connections will be determined by projected water demand and or projected wastewater generation. Nonresidential subdivisions are required to connect to municipal water and or municipal wastewater systems if the subdivision is located within the following distance of existing municipal water or wastewater systems: 50 feet per each 350 gallons of water demand or wastewater generation, provided that the maximum required connection (main extension) distance is 5000 –2,500 feet. This connection distance calculation shall apply to each type of system (i.e. — water or wastewater) independently.

(c) For the purposes of this section, the number of dwelling units in a proposed subdivision is the maximum number of residential dwelling units allowed for each-all proposed lots under the zoning classification in existence at the time of subdivision plat preliminary plan approval.

(d) In determining the number of dwelling units proposed in a phased development, the number of residential dwelling units relates to-is the total number of proposed residential units for the entire subdivision, not just a single phase.

(e) Water and wastewater facilities within the Short-Range Urban Services Area must be designed and installed in accordance with applicable municipal standards (i.e., the standards of the municipality within whose growth-urban services area the subject subdivision is located). If no municipal standards exist, the design, construction and installation must comply with applicable county regulations water and sewer systems must be designed and constructed in accordance with those standards established in Section 3-4-7 (C) (2) and Section 3-4-7 (C) (3) respectively.

(f) The Planning Director and or Planning Board are authorized to waive the requirements for connection to municipal water and wastewater systems if they determine that all reasonable efforts have been made to secure permission to connect to a municipal system but such permission has been denied by the municipality or that that physical (e.g., topography or intervening development patterns) or legal conditions make conditions make such connections infeasible. When such waivers are approved the Planning Director and or Planning Board are authorized to require that subdivisions install another form of approved community water and wastewater system.
SECTION III

This amendment shall become effective immediately after its adoption, however any preliminary subdivision for which a complete application has been accepted by the Wake County Planning Department prior to the adoption of this amendment, shall be exempt from the requirements of this amendment.
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PUBLIC HEARING
ORDINANCE AMENDMENT OA 04/13 TO AMEND THE
WAKE COUNTY SUBDIVISION ORDINANCE TO ADDRESS
MISCELLANEOUS ITEMS RELATED TO TRAFFIC AND ROADS

Chairman Bryan announced a public hearing to consider an amendment to the Wake County Subdivision Ordinance to address traffic and road concerns, duly advertised as provided by statute for Monday, April 4, 2005, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.

Mr. Keith Lankford, Wake County Planning Department, was recognized to explain the amendment. He stated this amendment proposes to address miscellaneous road items in Wake County subdivisions and non-residential developments. The proposed amendment would require: Traffic Impact Analysis for larger or higher-intensity uses; temporary turnarounds at the end of stub-out roads and ensure that the temporary turnaround is removed and the area is restored when the road connection is made. The Traffic Impact Analysis is already required under the County’s current development policies and procedures for developments that are anticipated to generate more than 1,000 trips per day; or more than 100 trips during the peak hour; or whenever the impact of the new development will degrade the functional level of service of the adjacent roadway(s) and intersection(s) to an unacceptable level.

The second portion of the proposed ordinance amendment would require temporary turnarounds at the end of any stub-out road in excess of 400 feet in length. This amendment would ensure that the road connection is made as part of the development of the adjacent property to which it stubs. It would also require that the turnaround area is removed and restored by the developer of the adjacent property at the time that it is developed. The required turnaround must comply with the County’s cul-de-sac or T-turnaround dimensional standards, and must be surfaced in accordance wit the Class “B” private road standards. Any plat containing a stub-out road must include a disclaimer notice that the stub-out is intended to be connected to the adjacent property at such time that the property is developed.

The factual situation having been presented, Chairman Bryan announced that anyone desiring to comment would be heard at this time.

There were no comments in support of or in opposition to the proposed amendment.

The Chairman then called for recommendations of the Planning staff and Planning Board.

Mr. Lankford reported that staff recommends that the Board of Commissioners approve the proposed ordinance amendment as presented.

Ms. Beth Trahos, Planning Board member, reported that the Planning Board recommended at their March 2, 2005 meeting, by a vote of 9-0 that the Board of Commissioners approve the proposed amendment as presented.

Thereafter, Chairman Bryan declared the public hearing closed and invited action by the Board.

Upon motion of Commissioner Webb, seconded by Commissioner Gurley, the Board unanimously approved the ordinance amendment to the Wake County Subdivision Ordinance to address miscellaneous items related to traffic and roads.
A RESOLUTION INTRODUCING
AN ORDINANCE AMENDING
THE WAKE COUNTY SUBDIVISION ORDINANCE TO ADDRESS
MISCELLANEOUS ISSUES RELATED TO TRAFFIC AND ROADS

AN ORDINANCE AMENDING
THE WAKE COUNTY SUBDIVISION AND ZONING ORDINANCES
TO ADDRESS MISCELLANEOUS ROAD ISSUES
SECTION I

PART I of the Wake County Code of Ordinances (Zoning Ordinance), Article I (In General) is hereby amended as follows:

A. AMEND Section 1-1-1 (Definitions) to add the following text to the alphabetical list of defined terms:

Buildout Year: The year the proposed project (including all phases of construction) will be complete and open for operation.

Internal Trip Capture Rate: The percentage reduction applicable to the trip generation estimates for individual land uses within a multi-use site.

Land Development AdministratorPlanning Director: The Wake County official charged with administration and enforcement of this ordinance and
the Subdivision Ordinance, including the official’s duly authorized agent or delegate.

Pass-By Trips: Intermediate stops on the way from a trip origin to a primary trip destination without a route diversion. Pass-by trips are attracted
from traffic that would otherwise be passing by a site on an adjacent street.

Traffic Growth Rate: The annual growth rate used to project traffic volumes.

B. AMEND Section 1-1-7 (Changes and Amendments), Subsection (D) (Content of Petition), Paragraph (1) (All Petitions) as follows, adding the underlined wording:

C. AMEND Section 1-1-11 (Special Use Permits), Subsection (D) (Procedures for Reviewing Special Use Permits), Paragraph (2) (Pre-Petition Conference) as follows, adding the underlined wording and removing the strikethrough wording:

D. AMEND Section 1-1-11 (Special Use Permits), Subsection (D) (Procedures for Reviewing Special Use Permits), Paragraph (3) (Petition Submittal and Acceptance), Subparagraph (a) (Submittal) as follows, adding the underlined wording and removing the strikethrough wording:
Section II

PART I of the Wake County Code of Ordinances (Zoning Ordinance), Article II (General Regulations) is hereby amended as follows:

d. AMEND the first paragraph of Section 1-1-23 (Permits), Subsection (B) (Applications) as follows, adding the underlined wording and removing the strikethrough wording:


B. INSERT a new Section 1-1-30, to insert the following new (underlined) text:

Section 1-1-30 TRAFFIC IMPACT ANALYSIS

(A) INTENT (B) TRAFFIC IMPACT ANALYSIS REQUIRED (C) TRAFFIC OPERATIONS STANDARDS (D) ANALYSIS AREA (E) TRAFFIC IMPACT ANALYSIS CONTENTS
SECTION III

PART III of the Wake County Code of Ordinances (Subdivision Regulations), Chapter 3 (Procedures for Review and Approval of Other Subdivisions) is hereby amended as follows:

A. AMEND Section 3-3-2 (Preliminary Plan Review), Subsection (B) (Procedures for Reviewing Applications for Preliminary Plan Approval), Paragraph (1) as follows, adding the underlined wording and removing the strikethrough wording:
B. AMEND Section 3-3-2 (Preliminary Plan Review), Subsection (B) (Procedures for Reviewing Applications for Preliminary Plan Approval), Paragraph (2) (Application Submittal and Acceptance), Subparagraph (a) (Submittal) as follows, adding the underlined wording:
C. AMEND Section 3-3-11 (Improvements), Subsection (B) (Improvements Required), Paragraph (1) as follows, adding the underlined wording:
SECTION IV

The Wake County Code of Ordinances (Subdivision Ordinance), Chapter 3-4 (Required Improvements and Minimum Design Standards) is hereby amended as follows:

d. Amend Section 3-4-8(D) (Roads, General Road Standards) by adding the following text:

(2.1) Stub Roads

The following standards apply to all stub roads:

SECTION V

This amendment shall become effective immediately after its adoption, however any preliminary subdivision plan, rezoning petition, special use permit petition, or any general other application for a land use permit authorized under the Zoning Ordinance for which a complete application has been accepted by the Wake County Planning Department prior to the adoption of this amendment, shall be exempt from the requirements of this amendment.
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PUBLIC COMMENT

The Board of Commissioners desires to hear from the public about the operations and services of Wake County Government. It is for that purpose a time certain (3:00 p.m.) has been set during regular meetings of the Board for public comment.

Chairman Bryan recognized the following:

1. Ms. Charlotte Turpin, Wake County NCAE, 405 Weathergreen Drive, Raleigh (extended invitation to the Board to attend the Wake NCAE Picnic and Open House April 20, 2005) No other persons requested to be heard, and Chairman Bryan declared the public comment portion of the meeting closed.
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EXTENSION OF MUNICIPAL SEWER LINE INTO FALLS LAKE
NON-URBAN AREA WATER SUPPLY WATERSHED TO ADDRESS
ENVIRONMENTAL & PUBLIC HEALTH AND SAFETY CONCERNS AT CAMP KANATA

Camp Kanata, a YMCA resident camp located in the Falls Lake Water Supply Watershed, is seeking to replace its existing large on-site septic system. The Camp, which has been in operation since 1954, is proposing a new collection system with a pump station, backup power and force main that will tie into the Town of Wake Forest’s municipal system. The petitioners state that no camp expansion is requested; that it plans to serve the existing camping population of 252 campers and 56 staff with primary use during the warm months of the year and mostly weekend use during other times of the year; and that no other non-camp taps or connections will be allowed to tie into the proposed improvements.

Based on representations made by Camp Kanata and upon examination of the existing wastewater treatment system being used by the Camp, the Director of Wake County Environmental Services has concluded the following: a) the existing system is in a condition that is in immediate need of repair or replacement; b) conventional repairs to the existing system likely will result in only temporary abatement of the Camp’s sewage disposal problem; c) reoccurrence of failure is reasonably probable to lead to a public health problem; d) the proposed utility extension is consistent with the Land Use Plan in that such extensions may be permitted to the “extent necessary to protect public health”; and e) the best method to protect the integrity of the water supply watershed is to allow the construction of the wastewater line to the Town of Wake Forest sewer system.

County staff recommends that Camp Kanata be allowed to construct the proposed wastewater line to the Town of Wake Forest sewer system, subject to the following restrictions:

1. The wastewater line will be sized so as to accommodate only the expected effluent from Camp Kanata.

2.That Camp Kanata enters into a contract with the Town of Wake Forest which provides that the Camp will allow no other users to “tap onto” the
wastewater line, and that Wake County be designated as a third party beneficiary of that contract with the right to enforce its provisions.

3. The contract provides that the Town of Wake Forest agrees to accept effluent through the line for only as long as the property is utilized for it
current use and that the Camp agrees that any future sale of the property will either limit the use of the property to its current use, or require that the
wastewater line be abandoned in the event the use changes.

4.The Camp will agree that any application to the County for a special use regarding the property will contain the restrictions included in 1-3 above.

Following much discussion, Commissioner Ward moved approval of staff recommendation as outlined, that Camp Kanata be allowed to extend a private wastewater line from its property in the Falls Lake Non-urban Area Water Supply Watershed to the Town of Wake Forest sewer system to address an existing problematic on-site septic system, where failure is imminent, to prevent environmental and public health and safety problems and with the restrictions identified in the staff recommendation. The motion was seconded by Commissioner Webb and was unanimously approved.
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ESTABLISHMENT OF FOUR REGULAR, PERMANENT POSITIONS
INFORMATIONS SERVICES DEPARTMENT

The Information Services Department is requesting approval to establish four regular permanent positions in the Department. This request converts funds which are budgeted for contracting services to hiring County employees. No additional funding is being requested for these positions:

1. I/T Engineer – 800 MHz Radio and Paging System
2. I/T Engineer – Oracle Database Administrator
3. I/T Business Consultant, and
d. I/T Technician - Wiring

Upon motion of Commissioner Webb, seconded by Commissioner Jeffreys, the Board unanimously approved establishing the four regular permanent positions in the Information Services Department, as listed above.
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Chairman Bryan called for a five-minute recess.
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LAND ACQUISITION FOR ELEMENTARY SCHOOL
IN THE CITY OF RALEIGH (BARWELL ROAD)

The Board of Education, at its February 15, 2005 meeting, adopted a resolution to
1. Acquire 18.75 acres of land in Raleigh at a price of $395,000 for Barwell Elementary school. The City of Raleigh will construct a Community center in conjunction with development of the site on land being retained by the City; and 2. To contribute to the City of Raleigh for future road construction $43,450 in accordance with the conditions of the contract for the 18.75 acres.

The new elementary school facility is currently scheduled to open the fall term of 2006. Construction funds for this school are included in Plan 2004. The bids for this project were received on March 8, 2005 and have not yet been approved by the Board of Education.

The Commissioners viewed schematics of the master planning for this development between the Wake County Public School System, the County and the City of Raleigh. The County has allocated funding of $250,000 for the infrastructure, design and construction of park improvements for this area.

According to Section 115C-426 of the North Carolina General Statutes, the Wake County Board of Commissioners is responsible for approving the purchase of property by the Wake County Public School System.

Following discussion and upon motion of Commissioner Webb, seconded by Commissioner Ward, the Board approved the request from the Board of Education for the acquisition of land for an elementary school in the City of Raleigh on Barwell Road. All Commissioners voted aye, except Commissioner Jeffreys who voted nay.
RESOLUTION
APPROVAL OF LAND ACQUISITION OF NEW SCHOOLS

ˇ Contribute to the City of Raleigh for future road construction $43,450 in accordance with the conditions of the contract for the 18.75 acres.

Adopted this the 4th day of April, 2005.

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APPROVAL OF AN INTERLOCAL AGREEMENT WITH THE
BOARD OF EDUCATION AND CITY OF RALEIGH
FOR COMMUNITY USE PARK FACILITIES
AT BARWELL ROAD ELEMENTARY SCHOOL

For the past year the School System has been negotiating with the City of Raleigh on the purchase of 18.75 acres on Barwell Road for the construction of a new elementary school. (The Board of Commissioners approved this purchase request earlier in the meeting.) The land is being subdivided out of a 78-acre tract that the City has owned for several years which is planned for a community park. The School System, County and City propose to jointly develop recreational improvements on the property for use by the community.

It is proposed that the terms and conditions relating to the funding, design, construction ownership and maintenance of the recreational improvements located on school property be outlined in an interlocal agreement acceptable to the Board of Commissioners, Board of Education and City of Raleigh. A joint use agreement outlining the program, operation and maintenance responsibilities will also be executed prior to issuance of a certificate of occupancy for the community use facilities.

Upon motion of Commissioner Ward, seconded by Commissioner Webb, the Board approved entering into an interlocal agreement with the Board of Education and City of Raleigh for the development of community use park facilities at Barwell Road Elementary School with the County’s contribution not to exceed $250,000. A Joint use Agreement will be executed prior to issuance of certificate of occupancy for the park facilities and each agreement will be subject to terms and conditions acceptable to the County Attorney. All Commissioners voted aye, except Commissioner Jeffreys who voted nay.
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TIME WARNER CABLE RATE ORDER

Wake County along with thirty other local governments in the Triangle J Region, make up the Triangle J Cable Television Consortium. Action Audits provides overall management of the consortium, including rate review and responding to consumer complaints. Since 1992 local governments have had limited ability to regulate rates and charges for basic cable television service. As a part of its ongoing administration functions, Action Audits reviews and evaluates Time Warner’s periodic request for rate increases. Action Audits will then recommend to local governments approval or rejection of the rates based on their review of Time Warner’s documentation and justification for the rate increase.

On March 11, 2005, the Federal Communications Commission ruled that local governments in the Triangle no longer could regulate cable television services and charges. This ruling was based on the determination that the increase in the availability of satellite television services created effective competition.

The Board was presented a draft resolution approving the rates for basic tier service and rejecting the add-on rate for basic tier service. Action Audits is recommending adoption of the resolution. Although Wake County and other local governments in the Triangle consortium no longer regulate basic tier service, if the FCC rules that the add-on fees are not justified, Wake County customers could be eligible for a refund. This applies to residents living in the unincorporated areas of the County.

Upon motion of Commissioner Gurley, seconded by Commissioner Webb, the Board unanimously approved the adoption of a resolution approving rates for basic tier service and rejecting the add-on rate for basic tier service.

WAKE COUNTY
NORTH CAROLINA
Cable Rate Order Resolution
Accepting the Rates Contained in the FCC Form 1240 and Form 1205 Filed by Time Warner Cable for 2005 and Rejecting the Form 1235 Rate Requested by Time Warner Cable Because the Form FCC1235 “Add-on” Rate No Longer Complies with the FCC’s Cost of Service Rate Rules and Ordering That a Revised Form 1235 and Financial Upgrade Cost Recovery Summary Statement Be Presented to Wake County within 30-days from the Date of This Rate Order. Further, Wake County Adopts the Report Prepared by Action Audits, LLC, as its Own.

WHEREAS, Wake County, North Carolina (“County”) has initiated the regulation of rates and charges for the provision of basic service, equipment and installation of cable television pursuant to the Cable Television Consumer Protection and Competition Act of 1992;

WHEREAS, the County is certified by the FCC to regulate basic service tier rates and permitted to regulate rates for basic cable service, equipment and installation;

WHEREAS, Time Warner Cable is a duly franchised cable operator for the County and whose rates for basic service, equipment and installation are regulated by the County;

WHEREAS, on September 30, 2004 the County received the following forms: 1240, 1235; and 1205 from Time Warner Cable;

WHEREAS, the County has received and carefully considered a report from Action Audits, LLC (hereinafter referred to as “Report”) which reviewed the forms 1240, 1235, and 1205;

WHEREAS, the Report states that the form 1240 sets the regulated rate for the Basic Service Tier;

WHEREAS, the Report states that the form 1240 rate calculations properly calculate inflation, programming, copyright fees;

WHEREAS, the form 1235 sets the regulated rate for the Monthly Network Upgrade Add-on charge;

WHEREAS, the Report states that continued reliance on the initial form 1235 rate calculation to properly recover upgrade costs is no longer valid;

WHEREAS, the Report states that the form 1205 properly sets the regulated rate for Installation and Equipment;

WHEREAS, the County has carefully considered the materials, forms and statements submitted by Time Warner Cable.

Now, Therefore, Wake County, North Carolina Makes the Following Findings of Fact and Conclusions of Law with Respect to the Proposed Rate to be Charged Time Warner Cable Customers:

The County incorporates by reference all of the preamble set forth above;

The County has reviewed the Report and incorporates by reference the Report, which is attached hereto;

The County finds that Time Warner Cable’s Maximum Permitted Rate for Basic Tier Service (noted below) as set forth in the form 1240 comply with the FCC’s rate regulations; The County finds that the initial “Add-on” Rate for Basic Tier Service contained in the form1235 do not comply with the FCC’s Abbreviated Cost-of-Service Rules for system upgrades. Said rules require the upgrade cost allocation recovery fee based on channel/service/bandwidth allocation which set an original “Add-on” rate for each CUID noted below. Going forward, the FCC’s Cost of Service rules require the operator to ensure that regulated service subscribers do not pay for unregulated service costs, and that the Company does not over recover the cost of its upgrade, by periodically recalculating its “Add-on” rate to accommodate such changes as the proportion of regulated bandwidth, the current customer count and capital cost recovery reductions attributed to accumulated depreciation;

The continued reliance on the form 1235 rate approved 5-years earlier does not comply with the FCC’s Abbreviated Cost of Service Rules for system upgrades capital investment recovery; and

The County finds that the Installation and Equipment rates set forth in the form 1205 comply with the FCC’s rate regulations.

Now, Therefore, Be it Ordered by Wake- County, North Carolina, That:

Time Warner Cable’s Maximum Permitted Rate for Basic Tier Service rate contained in the form FCC1240 does comply with the FCC’s rate regulations and is hereby accepted;

Time Warner Cable is permitted to implement its form 1240 rate beginning January 1, 2005;
The following Time Warner Cable’s form 1235 “Add-on” rates no longer comply with the FCC’s Cost of Service rules and are rejected;

Time Warner Cable is not permitted nor authorized to recover its form1235 the following “Add-on” rates;



Time Warner Cable’s Installation and Equipment rates contained in the form 1205 comply with the FCC’s rate regulations and are accepted;

The County adopts the Report as its own;

The County reserves its rights to review and consider any new information and issue a revised Rate Order based on that evidence;

This Rate Order will be effective immediately and provided to Time Warner Cable via US Certified Mail; and

A copy of this Rate Order shall be released to the public.

Read, Adopted and Approved by Wake County this the 4th day of April, 2005.

By:

_______________________________
Chairman

Attest:

_______________________________
Clerk to the Board

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APPOINTMENTS

Following nominations and upon motion of Commissioner Jeffreys, seconded by Commissioner Webb, the Board unanimously approved the following appointments:

a. Wake County Citizen’s Energy Advisory Commission
Mr. William Schaller - term expires 05-31-06
(nominated by Commissioner Ward)
b. Wake County Nursing Home Community Advisory Committee

Ms. Mary James – term expires 05-31-06
(nominated by Commissioner Jeffreys)


c. Wake County Juvenile Crime Prevention Council

Mr. Tony Cancel – term expires 01-31-07
(nominated by Commissioner Jeffreys)


d. City of Raleigh Board of Adjustment

Ms. Mary Smith-Morrison (regular) – term expires 04-30-07
(nominated by Commissioner Webb)
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COMMITTEE REPORTS
The Chairman announced that there were no Committee reports.

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OTHER BUSINESS

Commissioner Gardner commented on the following:
a) Meeting with the Raleigh-Durham Airport Authority about the new terminal and the need for that terminal to be viewed as a marketing tool for our
community, to highlight our successes and what would showcase well in an airport environment, and to reinforce the branding we are trying to
create here in the Triangle. Examples given were Nashville, music; Indianapolis, racecars; New Orleans, Mardi Gras; St. Louis, jazz. He indicated
that the Authority had already adopted a theme of highlighting the craftsmanship of the area.

b) Attended summary meeting of the CIAA which included a financial status of the event. He indicated the Steering Committee had hired a consultant to help with fundraising and the summary indicated that fewer dollars were raised than in previous years, leaving a deficit which will have to be paid by Raleigh and Wake County in addition to the dollars the County has already paid for that event.

c) The Board of Commissioners and the Raleigh City Council are scheduled to meet tomorrow concerning the new convention center and proposals for funding from the occupancy and food and beverage taxes. Commissioner Gardner raised the issue of information sent to Commissioners without including all proposals and the Chairman’s proposal being released to the public before communication with Board members. There was also discussion about the format for the joint meeting.
_________________________

Chairman Bryan also commented on the CIAA Tournament and the record attendance this year—the best in its history. He also commented on the difficulty of raising money when the event is leaving the area. It was noted that efforts are moving forward with the potential of bringing the MEAC Tournament to this area.
_________________________

Commissioner Webb serves on the Juvenile Crime Prevention Council, and in conjunction with a presentation to the Board earlier in the meeting (Judicial District Division 10 Community Corrections Report), the Commissioner reported that he attended a meeting at the Bill Friday Center last week with representatives from area Triangle counties to begin looking at some preventive types of programs to reduce the number of African Americans in our prisons and jails. If a reasonable project arises from these efforts, the Commissioner stated that he would like to leave open a concept to come back to the County Commissioners sometime in the future with a proposal that would give Wake County an opportunity to participate, with full and open examination by the Board of Commissioners.
______________________
Commissioner Ward reported that her participation in the Oxford Roundtable, Lincoln College, Oxford University, was very beneficial and was an exciting opportunity to exchange ideas about the issue of equity and women throughout the world.
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COUNTYWIDE VOLUNTEER CELEBRATION UPDATE

Ms. Sharon Brown, Wake County Public Information Director, came forward to present information about planning efforts for the county-wide volunteer celebration. She stated that this was a goal adopted by the Board of Commissioners for 2005, with the naming of one outstanding volunteer by the Commissioners, the “Larry B. Zieverink Volunteer of the Year.” The process is proposed to be competitive and open to all Wake County Departments, including advisory boards, with a nomination deadline of April 25, five finalists to the Governor’s Office by May 31, and the culminating event to be held in September.

Ms. Ann Cameron, Volunteer Coordinator, Wake County Human Services, explained the process currently in place and the adjustments necessary to include all volunteers in the County, with the selection of one outstanding volunteer.

Commissioners Gurley and Ward have been named Co-chairs of the event and it was the general consensus of the Board that staff proceed with the planning of the County-wide volunteer celebration.
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CLOSED SESSION

Upon motion of Commissioner Ward, seconded by Commissioner Webb, the Board unanimously approved going into closed session to instruct staff concerning the negotiations of the price and terms of contracts to acquire the following parcels of real property for the Swift Creek Open Space Preservation Project: fee simple acquisition of approximately 1.21 acres owned by Katherine S. Ward; fee simple acquisition of approximately 1.85 acres owned by Brenda W. Young and David W. Wilson; fee simple acquisition of approximately 1.59 acres owned by Geneva S. Massengill; fee simple acquisition of approximately 1.00 acre owned by Helen S. Denning; fee simple acquisition of approximately 11.11 acres owned by William Earl Stevens et al.

Following the business in closed session, Chairman Bryan called the meeting back into regular session.
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As a result of the information given to the Board of Commissioners in closed session, and on motion of Commissioner Gurley, seconded by Commissioner Ward, the Board unanimously approved the following acquisitions to support the development of the Swift Creek Open Space Preservation Project:

And, further, that the County Manager be authorized to execute contracts on behalf of Wake County for the purchase of the above property.
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There being no further business to come before the Board, Chairman Bryan adjourned the meeting at 4:42 p.m., upon the motion of Commissioner Jeffreys, seconded by Commissioner Ward and the unanimous vote of the Board.


Gwen Reynolds, CMC
Clerk to the Board
Wake County Commissioners