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    Minutes of 12-06-04 Board of Commissioners' Meeting (adopted)
WAKE COUNTY BOARD OF COMMISSIONERS
MINUTES
December 6, 2004

The Wake County Board of Commissioners met in regular session Monday, December 6, 2004, at 2:00 p.m. in the Commissioners’ Room, 7th Floor, Wake County Courthouse, Raleigh, North Carolina.

The meeting was called to order by Ms. Gwendolyn I. Reynolds, Clerk to the Board, this being the time to elect a Chairman for the ensuing year.
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PLEDGE OF ALLEGIANCE

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INVOCATION

Commissioner Kenn Gardner introduced Dr. Larry Harper, Senior Pastor, Forest Hills Baptist Church, for the invocation.
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MUSICAL SELECTIONS

Commissioner Ward introduced Dr. Bill Weisser and members of the Edenton Street United Methodist Church Choir, for musical selections.
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ADMINISTRATION OF OATHS OF OFFICE

The Clerk recognized the following for the administration of the Oaths of Office:

Wake County Commissioners

Commissioner Kenneth M. Gardner - The Honorable Howard Manning, Jr., Wake County Superior Court

Commissioner Betty Lou Ward - The Honorable Sid Eagles, N.C. Court of Appeals (retired)

Commissioner Harold Webb - Attorney Kaye R. Webb, Assistant to the Chancellor for Legal Affairs, North Carolina Central University

Register of Deeds

Laura Riddick - The Honorable Wanda Bryant, North Carolina Court of Appeals

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Members present were Commissioners Joe Bryan, Herbert H. Council, Kenneth M. Gardner, Tony Gurley, Phil Jeffreys, Betty Lou Ward and Harold H. Webb.

Also attending were the County Manager, Mr. David C. Cooke; and the County Attorney, Mr. Michael R. Ferrell.
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ELECTION OF CHAIRMAN OF THE BOARD

The Clerk to the Board called for nominations for Chairman of the Board of Commissioners. Commissioner Jeffreys nominated Commissioner Joe Bryan. There being no other nominations, the Clerk declared the nominations closed and called for the vote. Commissioner Bryan was unanimously elected Chairman of the Board for a term of one year, until December 2005.

Chairman Bryan then presided over the remainder of the meeting.
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ELECTION OF VICE-CHAIRMAN OF THE BOARD

Commissioner Bryan called for nominations for Vice-Chairman of the Board of Commissioners. Commissioner Council nominated Commissioner Tony Gurley. There being no other nominations, Chairman Bryan called for the vote and Commissioner Gurley was unanimously elected Vice-Chairman of the Board of Commissioners for a term of one year, until December 2005.
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PRESENTATION TO COMMISSIONER KENN GARDNER

At this time Chairman Bryan made brief comments concerning Commissioner Gardner’s leadership during the past year as Chairman of the Board. On behalf of the Board, he then made presentations in recognition and appreciation of that leadership and commitment to Wake County.
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Chairman Bryan announced a reception on the Ground Floor of the
Wake County Office Building, and recessed the meeting until 3:05 p.m.
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PUBLIC COMMENTS

The Board of Commissioners desires to hear from the public about the operations and services of Wake County Government. It is for that reason a time certain has been set aside for public comments.

Chairman Bryan announced that there were no persons requesting to appear before the Board at this time. He then declared the public comment portion of the meeting closed.
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APPROVAL OF AGENDA

Upon motion of Commissioner Ward, seconded by Commissioner Council, the Board unanimously approved the agenda as printed.
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APPROVAL OF MINUTES

Upon motion of Commissioner Webb, seconded by Commissioner Council, the Board unanimously approved the minutes of November 15, 17,
and 22, 2004.
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WAKE COUNTY RECOGNITION AS
“BEST WORKPLACES FOR COMMUTERS”

Wake County Government became a member of the Best Workplaces for Commuters program last July. This is an Environmental Protection Agency and Department of Transportation program aimed at improving the way people get to and from work. The Triangle campaign is an activity of the Triangle J Council of Governments and is made possible by a grant from the NC Department of Transportation.

The benefits available to Wake County employees are the U-Pass program, subsidized use of Triangle Transit Authority bus passes and vanpools, the Triangle Transit Authority’s Emergency Ride Home program and Vanpool/Carpool Matching Service.

In order for Wake County to maintain its status as a Best Workplaces for Commuters, by January 2006 at least 14 percent of the County’s workforce will need to get to work by some other means than driving alone.

Mr. Sanford Cross of the Triangle J Council of Governments commented on the program and a recent event where Wake County was one of 24 Triangle employers recognized for providing this commuter benefit to their employees to help reduce traffic and air pollution and to increase the quality of life in the region.

Commissioner Gardner received the plaque on behalf of Wake County and the Board of Commissioners.
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PRESENTATION OF FINANCIAL STATEMENTS

Ms. Melinda Canady, Finance Director, was recognized to present the Comprehensive Annual Financial Report for fiscal year ended June 30, 2004. She stated that this was the first year of a three-year contract with the audit firm of Cherry Bekaert and Holland, LLP and that the firm had issued an unqualified opinion on all funds.

The following key elements were highlighted:

Ms. Susan Martin of the audit firm commented on the audit, stating that the firm is independent of the County, that there were no findings on financial statements or significant audit adjustments, and there were no disagreements with management and no difficulties encountered during the audit.

The Commissioners received the Comprehensive Annual Financial Report and related compliance reports for the fiscal year ended June 30, 2004, as presented.

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REVISION TO THE WAKE COUNTY COMPENSATION & CLASSIFICATION PLAN

The County’s Compensation and Classification Plan is monitored on an ongoing basis to assure that salaries remain competitive and job classes appropriately reflect the types and levels of work performed by employees. Any recommended changes to the Plan are submitted to the Board of Commissioners for approval.

Staff is recommending that Band 1 be changed. The change will not affect the minimum of the band, which will remain at the Federal Minimum Wage of $5.15 per hour ($10,712 annually). It also does not change the current five positions assigned to the Band. However the midpoint and maximum will be affected, increasing them by $4,837 and $9,674 respectively.
PROPOSED CHANGE TO BAND 1
Upon motion of Commissioner Ward, seconded by Commissioner Council, the Board unanimously approved the revision to the Wake County Compensation and Classification Plan effective December 6, 2004.
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CONVEYANCE OF UTILITY EASEMENT TO THE TOWN OF CARY,
SITE 20A, CRABTREE CREEK WATERSHED PROJECT

Wake County has received a request from the Town of Cary for the conveyance of a 20-foot wide public sanitary sewer easement and 10-foot wide temporary construction easements across County-owned property located west of Aviation Parkway and north of Nelson Road and was purchased by the County in 1981 as part of the acquisitions for Site 20A of the Crabtree Creek Watershed Project. The 10-foot wide temporary construction easements adjoin the permanent easement on both sides and will provide adequate room for construction purposes. The temporary easements will terminate upon completion of construction.

The permanent easement requested will contain approximately 5,275 square feet and the temporary construction easements will contain approximately 5,275 square feet.

The easement shall be subject to the following terms and conditions:

1. The Grantor reserves the right to flood the easement area.

2. The Grantor shall not be held liable for damages to the easement area nor any improvements placed within the easement area as a result of flooding or by any other causes whatsoever.

3. The Grantee agrees to defend, indemnify, and hold harmless the Grantor, from all loss, liability, claims or expense (including reasonable attorney's fees) arising from property damage and bodily injury, including death, to any person or persons caused in whole or in part by the negligence or willful misconduct of the Grantee, its contractors, agents, or employees, except to the extent same are caused by the negligence or misconduct of the Grantor.

It is the intent of this section to require the Grantee to indemnify the Grantor to the extent permitted under North Carolina General Statutes 22B-1. 4.No facilities or improvements shall be placed or constructed within the easement are without prior written approval from the Grantor of the construction plans for such facilities or improvements. 5. The Grantor reserves the right to use the easement area for watershed and recreational purposes and for any other proper public purposes which the Grantor may undertake. 6. In using the easement area and in constructing improvements within the easement area, the Grantee shall comply with all applicable Federal, State, and local laws, ordinances, rules and regulations. 7. In the event the Grantee ceases to use the property covered by this easement for sanitary sewer purposes, the easement shall automatically revert back to the Grantor. 8. If at any point in time, the Grantee's use of the easement area interferes with the Grantor's use of or intended use of the easement area, and in the sole and absolute discretion of the Grantor, modifications of any facilities or improvements of the Grantee are necessary, the Grantee shall be responsible for all costs of the modifications as required by the Grantor. 9. Upon completion of construction, the Grantee shall have replaced all property corner irons and concrete monuments disturbed in constructing the works of improvement.

Upon motion of Commissioner Gardner, seconded by Commissioner Webb, the Board unanimously approved the conveyance of a permanent sanitary sewer easement and a temporary construction easement across County property at Site 20A of the Crabtree Creek Watershed Project, subject to terms and conditions as outlined above.
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CONVEYANCE OF UTILITY EASEMENT TO PROGRESS ENERGY
AT THE PHASE IB, HAMMOND ROAD DETENTION CENTER

On February 16, 2004, the Board of Commissioners awarded a contract for the construction of Phase IB of the Hammond Road Detention Center. Progress Energy Carolinas, Inc. has requested an easement for the areas in which underground electrical service and pad mounted transformers are to be placed. The easement requested for the underground service is ten feet wide. In addition, a ten-foot wide easement around all sides of the transformers is required. The location of the easements has been reviewed and is acceptable to County staff.

Upon motion of Commissioner Jeffreys, seconded by Commissioner Council, the Board unanimously approved the conveyance of an easement to Progress Energy Carolinas, Inc. for the installation and maintenance of transformers and underground electrical service facilities to serve Phase IB of the Hammond Road Detention Center, subject to terms and conditions satisfactory to the County Attorney.
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CONVEYANCE OF SURPLUS COUNTY OWNED PROPERTY
TO THE TOWN OF ZEBULON

Wake County has received a request from the Town of Zebulon for the conveyance of approximately 0.29 acres owned by Wake County to the Town. The property is located on Proctor Street in the Wakefield Community in Zebulon and was conveyed to Wake County in 1936. The property was identified wit the Wakefield Classical and Mathematical School from 1882-1900 and is a significant historical and cultural symbol for the Wakefield Community.

The Town of Zebulon is interested in preserving the lot and the existing monument associated with the school and provide certain improvements to enhance the enjoyment of the property by the public.

In accordance with the County’s policy pertaining to the sale of surplus County-owned property, the Wake County Public School System was consulted with regards to any interest they may have in the property. Due to size and location, the school system has o interest in the property. In accordance with NC General Statute 160A-274, the County may upon such terms and conditions as it deems wise, with or without consideration, convey to any other governmental unit any interest in real property.

Upon motion of Commissioner Gurley, seconded by Commissioner Gardner, the Board unanimously approved the conveyance of 0.29 acres of County-owned property to the Town of Zebulon at no cost.
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CERTIFICATION OF 2004 REFERENDA RESULTS

NC State statutes G.S. 159-61(e) require that the County Board of Elections canvass the referenda and certify the result to the County Board of Commissioners. Once this is done, the Board of Commissioners needs to certify and declare the results of the referenda, publish a statement of the results and direct the Clerk to maintain a file of the results and insert the results in the official minutes of the Board.

The Board of Elections has certified to the Wake County Board of Commissioners that the result of the proposed $26 million General Obligation Open Space Bond referendum was 233,215 votes “For” approval of the Bond Order and 78,418 votes “Against” approval of the Bond Order.

The Board of Elections has also certified that the result of the proposed $40 million General Obligation Wake Technical Community College Bond referendum was 229,933 votes “For” approval of the Bond Order and 81,788 votes “Against” approval of the Bond Order.

Upon motion of Commissioner Council, seconded by Commissioner Jeffreys, the Board unanimously approved certified the results of the referenda and declared that the Bond Order authorizing $26 million General Obligation Open Space Bonds and the Bond Order authorizing $40 million General Obligation Wake Technical Community College Bonds are now in effect.
WHEREAS, the Board of Commissioners for Wake County desires to certify and declare the results of the referendum held November 2, 2004;

NOW, THEREFORE, the Board of Commissioners for Wake County meeting in regular session in Raleigh, North Carolina, on December 6, 2004, does the following:

BE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR WAKE COUNTY:

1. The Board hereby certifies and declares the results of the referendum held on November 2, 2004, with respect to the proposed $26,000,000
General Obligation Open Space Bonds of Wake County, to be 233,215 votes “For” approval of the Bond Order and 78,418 votes “Against” approval
of the Bond Order.

2. The affirmative votes of the majority of those voting having been received, the Board hereby certifies and declares that the Bond Order entitled
“ORDER AUTHORIZING $26,000,000 GENERAL OBLIGATION OPEN SPACE BONDS” is now in effect.

3. The Clerk to this Board shall cause the statement attached as Exhibit A to be published in The News and Observer and filed in the Clerk’s office.

4. This resolution shall take effect immediately.
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RESULT OF REFERENDUM ON $26,000,000
WAKE COUNTY GENERAL OBLIGATION OPEN SPACE BONDS
The result of the referendum held on November 2, 2004 in Wake County, North Carolina (the “County”) on the issuance by the County of general obligation open space bonds in an aggregate principal amount not to exceed $26,000,000 to be issued to pay capital costs of the acquisition of real property by the County and the improvement of such real property or any other County-owned real property for the conservation of open space, the protection of water quality, wildlife habitats, scenic areas and natural areas suitable for recreational or other public uses in Wake County was 233,215 votes “For” approval of the Bond Order and 78,418 votes for “Against” approval of the Bond Order adopted by the Board of said County with respect to such bonds.

Any action or proceeding challenging the regularity or validity of this bond referendum must be begun within 30 days after December 8, 2004.
WAKE COUNTY BOARD OF COMMISSIONERS

WHEREAS, the Board of Commissioners for Wake County desires to certify and declare the results of the referendum held November 2, 2004;

NOW, THEREFORE, the Board of Commissioners for Wake County meeting in regular session in Raleigh, North Carolina, on December 6, 2004, does the following:

BE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR WAKE COUNTY:

1. The Board hereby certifies and declares the results of the referendum held on November 2, 2004, with respect to the proposed $40,000,000
General Obligation Wake Technical Community College Bonds of Wake County, to be 229,933 votes “For” approval of the Bond Order and 81,788
votes “Against” approval of the Bond Order.

2. The affirmative votes of a majority of those voting having been received, the Board hereby certifies and declares that the Bond Order entitled
“ORDER AUTHORIZING $40,000,000 GENERAL OBLIGATION WAKE TECHNICAL COMMUNITY COLLEGE BONDS: is now in effect.

3. The Clerk to this Board shall cause the statement attached as Exhibit A to be published in The News and Observer and filed in the Clerk’s office.

4. This resolution shall take effect immediately.

RESULT OF REFERENDUM ON $40,000,000
WAKE COUNTY GENERAL OBLIGATION WAKE TECHNICAL
COMMUNITY COLLEGE BONDS

The result of the referendum held on November 2, 2004, in Wake County, North Carolina (the “County”) on the issuance by the County of general obligation Wake Technical Community College bonds in an aggregate principal amount not to exceed $40,000,000 to be issued to pay capital costs of the acquisition, construction, installation and equipping of modifications, renovations, additions, improvements and extensions to existing facilities and/or one or more new buildings or other educational facilities for Wake Technical Community College including, without limitation, the acquisition of land, easements and rights-of-way therefore in Wake County was 229,933 votes “For” approval of the Bond Order and 81,788 votes “Against” approval of the Bond Order adopted by the Board of said County with respect to such bonds.

Any action or proceeding challenging the regularity or validity of this bond referendum must be begun within 30 days after December 8, 2004.
WAKE COUNTY BOARD OF COMMISSIONERS
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BUDGET AMENDMENT TO THE
WORKFORCE DEVELOPMENT PROJECT ORDINANCE

The Wake and Johnston County Boards of Commissioners created the Capital Area Workforce Development Consortium in 1982. The Consortium’s Workforce Development Board is a private sector led board, in partnership with local government, which provides direction and oversight of workforce development activities for Wake and Johnston counties and administers federal state workforce funds.

The Capital Area Workforce Development Consortium is requesting the incorporation of the following funding authorization to the Workforce Development Ordinance in the amount of $78,640:
Upon motion of Commissioner Webb, seconded by Commissioner Gurley, the Board unanimously approved the acceptance of the Workforce Development funding in the amount of $78,640 to the Workforce Development Project Ordinance with the appropriate budget revisions to increase appropriations in the Workforce Development Special Revenue Funds.
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AMENDMENT TO INTERLOCAL AGREEMENT FOR LAND ACQUISITION
FOR WEST REGIONAL WASTEWATER FACILITIES

Staff representing Apex, Cary, Fuquay-Varina, Holly Springs, Morrisville and Wake County have been collaboratively pursuing regional solutions to meet the combined long-term wastewater needs of western Wake County. This approach is consistent with the County Water/Sewer Plan, is supported by the NC Department of Environmental and Natural Resources and is consistent with the provision of an Interlocal Agreement executed by the six local governments May 1, 2002 and amended January 2004.

Based on continued collaboration and recent discussions by the partners, an amendment to the interlocal agreement is proposed. This amendment makes the following changes:

Upon motion of Commissioner Ward, seconded by Commissioner Gardner, the Board unanimously approved an amendment to the Interlocal Agreement for land acquisition for West Regional Wastewater Facilities, subject to final terms and conditions being acceptable to the County Attorney.

NORTH CAROLINA
WAKE COUNTY

AMENDMENT NO. 1 TO
INTERLOCAL AGREEMENT
FOR REGIONAL WASTEWATER MANAGEMENT FACILITIES
LAND ACQUISITION AND PRELIMINARY WORK
RECITALS

ARTICLE I
DEFINITIONS; RULES OF CONSTRUCTION
ARTICLE II
LAND ACQUISITION

ARTICLE III
DELETION OF AGREEMENT CLAUSES

ARTICLE V
TERMINATION OF AGREEMENT
TOWN OF APEX, NORTH CAROLINA


By: ___________________________________
Mayor
This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act.

_____________________________________
Finance Officer, Town of Apex
TOWN OF CARY, NORTH CAROLINA


By: ___________________________________
Town Manager
This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act.

_____________________________________
Finance Officer, Town of Cary
TOWN OF HOLLY SPRINGS,
NORTH CAROLINA

By: ___________________________________
Town Manager
This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act.

_____________________________________
Finance Officer, Town of Holly Springs
TOWN OF MORRISVILLE,
NORTH CAROLINA


By:________________________________
Town Manager
This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act.

_____________________________________
Finance Officer, Town of Morrisville
COUNTY OF WAKE, NORTH CAROLINA



By:________________________________
Chairman, County Board of Commissioners
This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act.

_____________________________________
Finance Officer, County of Wake
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CONTRACT SERVICE AGREEMENT WITH BELLSOUTH TO
PROVIDE METRO ETHERNET PREMIUM SERVICE TO
WAKE COUNTY GOVERNMENT OFFICES AND WAKENET PARTNERS

In January 2001 Wake County Government signed a 27-month contract with BellSouth for high-speed fiber network services called Native Mode LAN Interface. In March of 2003 this contract was extended for an addition 37-month period under new pricing terms which saved the County approximately $35,000 annually. In March 2004 BellSouth announced the introduction of Metro Ethernet a next general data transport service which would serve as a possible replacement for the County’s existing service.

County staff has negotiated improved pricing for the BellSouth Metro Ethernet Premium service and recommends that the County enter into a 37-month agreement that will provide an 11 percent discount over our current contract rates resulting in an estimated savings of $20,619.

Upon motion of Commissioner Gurley, seconded by Commissioner Council, the Board unanimously approved a 37-month agreement with BellSouth to provide Metro Ethernet Premium data service as presented at today’s meeting and authorized the County Manager to execute a contract on behalf of Wake County for this service.
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GRANT-FUNDED TECHNOLOGY UPGRADES
FOR THE BOARD OF ELECTIONS OFFICE

The North Carolina State Board of Elections has awarded the Wake County Board of Elections a grant totaling $14,980 to be used for technology upgrades. The funds will be used to replace and network two document imaging scanners in the Board of Elections office.

The new technology will be compliant with the State Election Information Management System which the Wake County Board of Elections intends to join in fiscal year 2006.

Upon motion of Commissioner Webb, seconded by Commissioner Jeffreys, the Board unanimously approved receipt of funds from the Help America Vote Act Title I funding Section 101 in the amount of $14,980 and approval of the appropriate budget revision.
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CONTRACT FOR BILLING AND COLLECTING PROPERTY TAXES
FOR THE TOWN OF ANGIER

In September 2004, the Town of Angier annexed nine parcels within Wake County’s boundaries. The town has asked the County to bill and collect their property taxes the same as the County collects for the other twelve municipalities. The town has executed the County’s contract to consolidate tax departments and has agreed to the 2/10 of 1% fee for providing this service. The Town of Angier has requested that the County begin with a partial year billing on these parcels annexed in September.

Upon motion of Commissioner Gardner, seconded by Commissioner Ward, the Board unanimously authorized the Chairman of the Board of Commissioners to execute an agreement for the billing and collection of property taxes for the Town of Angier for property located within Wake County.
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TAX REPORT

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

1.
Report of Collections – Wake County Only – October 2004
2.
Wake County In-Rem Foreclosure Progress Report – October 2004
3.
Value Adjustments and Special Situations – (Wake County Only), (Wake County and Town of Knightdale)
4.
Consideration of Requests for Adjustments, Rebates and/or Refunds of Penalties:
(Wake County Only), (Wake County and Town of Morrisville), (Wake County and City of Raleigh)
5.
Consideration of Requests for Exemptions – Late Filed Applications: (Wake County Only), (Wake County and Town of Morrisville), (Wake County and City of Raleigh)
6.
Request for Tax Relief – Late Filed Applications: (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 City of Raleigh)
7.
Consideration of Refund for Taxes, Interest, and Penalties: (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 Holly Springs), (Wake County and Town of Knightdale), (Wake County and Town of Morrisville), (Wake County and City of Raleigh), (Wake County and Town of Wendell)
8.
Rebate Details: (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 Wendell), (Wake County and Town of Zebulon)
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PUBLIC HEARING
PROPOSAL TO AMEND THE WAKE COUNTY SUBDIVISION ORDINANCE
TO REQUIRE A TWO-STEP CONDITIONAL USE REZONING PROCESS

Chairman Bryan announced a public hearing to consider an amendment to the Wake County Subdivision Ordinance to require a two-step conditional use rezoning process, duly advertised as provided by statute for Monday, December 6, 2004, 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 for the introduction and explanation of the two-step process. He stated that under this process the first step would be that the Board of Commissioners would make a determination on the rezoning request (public hearing and legislative decision). The second step would be the actual permitting process for the use on the property. Once the property is rezoned to a conditional use district, a conditional use permit would be required as a prerequisite to most uses or development of that land. The Planning Board would conduct a quasi-judicial hearing to consider and negotiate the specifics of the development and site plan for those uses designated as requiring a conditional use permit, however any use that is not designated as requiring a conditional use permit would be processed administratively by the Planning Director with a General Use Permit. The potential impact of the proposed use will be the basis for determining whether a conditional use permit or a general use permit is required. Staff has estimated that this would apply to five or six sites per year based on recent trends.

Under Wake County’s current Conditional Use District, a Conditional Use Permit is not required for any subsequent use or development of that land. The type of permit required is determined by the current Zoning Ordinance sections for each zoning district, which require either a Special Use Permit via the Board of Adjustment or a General Use Permit via administrative approval by the Planning Director. It was determined that it was unnecessary for all uses to be subject to the quasi-judicial process and standards. The current regulations do not require that subsequent development must go through a quasi-judicial process with a site plan for a specific use(s) that is subject to further refinement to make it more compatible with the surrounding land uses and avoid possible claims of contract zoning.

Features of the Conditional Use zoning include:
- Must be requested by the owner
- Conditional Use zoning allows owner to tailor request to better fit with surrounding uses
- Each Conditional Use zoning district corresponds to a general use district.
- Same regulations apply in Conditional Use zoning districts and corresponding general use districts

The factual situation having been presented, the Chairman declared the hearing opened and announced that anyone desiring to comment would be heard at this time.

The Chairman recognized:

1.Ms. Sherry Johnson, 11112 Creedmore Road, Raleigh, representing the environmental community—Capital Group Sierra Club, Neuse River Foundation, and Watershed Protection Council (support amendment, but requested that further study be given to clarification of the extent of the quasi-judicial process)

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

Mr. Mason Williams, Chairman of the Wake County Planning, reported that the Planning Board, at its November 3, 2004 meeting, voted to recommend that the Board of Commissioners approve the ordinance amendment to require a two-step conditional use rezoning process.

Mr. Lankford reported that Planning staff recommends approval of the ordinance amendment,
as presented, requiring a two-step process.

Chairman Bryan declared the hearing closed and called for action by the Board.

Following much discussion, Commissioner Council moved that the proposed amendment to the Subdivision Ordinance to require a two-step conditional use rezoning process be referred to the Growth, Land Use and Environment Committee of the Board of Commissioners for further study. The motion was seconded by Commissioner Ward and was unanimously approved.
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PUBLIC HEARING
AMEND THE CURRENT WAKE COUNTY ZONING AND SUBDIVISION ORDINANCES
TO CREATE A THIRD SUBDIVISION DESIGN OPTION,
OPEN SPACE SUBDIVISION

Chairman Bryan announced a public hearing to consider an amendment to the current Wake County Zoning and Subdivision Ordinance to create a third subdivision design option, open space subdivision, duly advertised as provided by statute for Monday, December 6, 2004, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.

Mr. Andrew Meadwell, Wake County Planning Department, was recognized to comment on the proposed amendment. He stated that the purpose of the amendment is to revise and amend the current Wake County Zoning and Subdivision Ordinances creating a third subdivision design option, Open Space Subdivisions. He further stated that at the February 16, 2004 Board of Commissioners meeting, the Board directed staff to recommend alternative design options to conventional lot-by-lot and cluster subdivisions and to address concerns about the use of community wastewater treatment systems in conjunction with alternative subdivision designs.

The Planning Board requested the Wake County Department of Environmental Services, the County’s Water Quality, Air Quality and Open Space and Parks Advisory Committee to assist in the development of an Open Space Subdivision design option and Planning staff also met with the Water Quality/Home Builders Association Subcommittee for input.

Highlights of the proposed amendment are:

Current subdivision design options for lot-by-lot and cluster subdivision remain unchanged;

The creation of a third subdivision design option, Open Space Subdivisions, that require the following:
The factual situation having been presented, Chairman Bryan declared the public hearing open and announced that those persons desiring to comment on the proposed amendment would be heard at this time:

1. Sherry Johnson, 11112 Creedmoor Road, Raleigh – representing the Capital Group Sierra Club, Neuse River Foundation, Watershed Protection Council and Chair of Water Quality/Home Builders Association Subcommittee (expressed concerns re issue of minimum lot width requirements and definition of open space) 2. Rusty Ammons, 5508 N. Hills Drive, Raleigh (concerns re minimum lot widths and definition and designation of open space)

Chairman Bryan then called for recommendation from the Planning Board and Planning staff.

Mr. Mason Williams, Chairman of the Planning Board, reported that the Planning Board recommends that the Board of Commissioners approve the ordinance amendment with no minimum lot width requirement for Open Space Subdivisions that are served by both community water and wastewater systems to provide greater flexibility in the subdivision design.

Mr. Meadwell reported that the Planning staff recommends approval of Ordinance B as presented, which includes retaining minimum lot width standards.

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

There was much discussion about the three recommendations to the Board of Commissioners: Ordinance A, recommendation from the Water Quality/Home Builders Association Subcommittee; Ordinance B, Planning staff recommendation; Ordinance C, Planning Board recommendation. The Planning Board, Planning staff and the Water Quality/Home Builders Association Subcommittee agree with all of the proposed amendment changes except minimum lot width requirements and definition and designation of open space.

Commissioner Ward moved approval of Ordinance B as presented and recommended by staff, with minimum lot widths and the designation of open space areas. The motion failed for lack of a second.

Commissioner Council then moved that the issue of an amendment to the Subdivision Ordinance to create an open space subdivision be referred to the Growth, Land Use and Environment Committee for further study and a consolidated recommendation to the Board of Commissioners. The motion was seconded by Commissioner Jeffreys and was unanimously approved.
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Chairman Bryan called for a five-minute recess.
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APPEAL HEARING
PLANNING BOARD’S DECISION – APPROVAL OF S-36-04,
PRELIMINARY PLAN FOR THE PROPOSED ROCKBRIDGE CLUSTER SUBDIVISION
DATED SEPTEMBER 15, 2004

On September 15, 2004, the Wake County Planning Board approved the proposed preliminary plan for a cluster subdivision of 284.533 acres into 411 lots and 81.981 acres of open space, a 17.44 acre recreational site, and a 22.35 acre site for a conventional community wastewater system. The site is located between Poole Road and Grasshopper Road between Bethlehem Road and Smithfield Road in the eastern part of the County.

Following the decision by the Planning Board an appeal was submitted to the Commissioners on this issue. The Appellants contend that the Planning Board erred in approving the preliminary subdivision plan, that the approval was unlawful and that the Rockbridge developer did not meet its burden to show compliance with the Wake County Subdivision Ordinance and other applicable laws.

To ensure that the County’s subdivision regulations are applied fairly, the Subdivision Ordinance provides for a process whereby any affected property owner who believes the Planning Board or the Subdivision Administration staff misinterpreted a subdivision regulation, misjudged its applicability or inapplicability to a particular situation, or otherwise erred in applying it, may appeal the Planning Board or staff decision to the Wake County Board of Commissioners.

Chairman Bryan announced the hearing and recognized the County Attorney to outline the procedure. The County Attorney stated that the Board’s decision must be based on competent and relevant evidence presented at this hearing, without regard to public opinion or sentiments. In order to overturn the Planning Board’s approval, the Board of Commissioners must find that the appellant has presented substantial evidence or testimony that the Planning Board was in error in its decision in granting subdivision approval.

The County Attorney further outlined the proceedings by stating that each side would be allotted forty minutes. Each person speaking must state his/her name and address and must be sworn before testifying. Both parties responded that there was no objection to the Board of Commissioners including in the record testimony previously presented.

Pursuant to Section 3-1-9 of Wake County’s Subdivision Ordinance, the Appellants contend that the Planning Board erred in approving the preliminary subdivision plan for the Rockbridge cluster subdivision and the Appellants allege the following reasons why the subdivision plan did not meet the requirements of the Wake County Subdivision Ordinance:
h) Rockbridge did not comply with Section 3-4-8 of the Subdivision Ordinance entitled ” Roads.” The Rockbridge Developer did not establish that the additional traffic would not cause the existing peak hour levels of service to fall below the required levels of service and/or that unsafe congestion conditions would occur on adjacent roads.” i) The approval of Rockbridge was inconsistent with the Wake County Land Use Plan.

Testimony was presented by the following appellants:

Evidential documents presented: Appeal of Rockbridge Subdivision #2 Notebook Evidence ruled inadmissible: Petition and letter from City Manager Russell Allen (included in notebook) 1. Ms. Lucille Strickland, 1400 Farm Fence Drive, Knightdale (Citizens for Balanced Growth)
2. Ms. Amy Grimes, 1429 Farm Fence Drive, Knightdale
3. Mr. Marshall Moore, 5531 Maple View Drive, Knightdale
4. Mr. Dick Sossoman, 1124 Poplar Creek Trail, Raleigh
5. Mr. Ron Mills, 5412 Blowing Field Circle, Knightdale
6. Mr. Paul Giro, 4948 Watkins Road, Wendell (testified on behalf of residents unable to attend the meeting)

Testimony was then presented on behalf of the Developer:

Mr. Gray Styers, 1117 Hillsborough Street, Raleigh, NC, Attorney representing Stafford Land Company
Rod Butler, Professional Engineer, Raleigh, NC

Evidential documents presented: Exhibit #1, Application filed; Exhibit #2 Site Plan; Exhibit #3, Traffic Impact Study; Exhibit #4, County’s review of Traffic Impact Study; Exhibit #5, County Staff’s Report Included in Agenda Packet; Exhibit #6, Excerpts from Minutes of June 16, 2004 meeting of Planning Board; Exhibit #7, Engineering drawings; Exhibit #8, Wake County Subdivision Ordinance.

Mr. Styers stated that this matter had been previously presented and approved by the Planning Board. He stated also that the Wake County Board of Commissioners had given one reason for denial of the preliminary plan—the wastewater treatment system. The Plan presented is identical to the plan submitted previously and approved by the Planning Board with one less lot and a change in the wastewater treatment system. The proposed system is a conventional community wastewater treatment system that does not include the treatment of wastewater by the use of active treatment ponds. The System must be reviewed and approved by the State who has sole permitting authority of this type of system. The system being proposed has been approved by the state and is in operation in a subdivision in Durham County and Wake County (Hasentree Subdivision). Sludge will be taken off site and will be composted by a facility outside the County.

The Plan complies with and meets the County’s requirements for minimum lot size, open space, impervious surface requirement, dedicated recreation and is consistent with the Land Use Plan. A Traffic Impact Analysis was conducted by Developer and reviewed by County’s consulting engineer.

Following the presentation of evidence, Commissioner Ward moved to deny the petition to overturn the decision of the Planning Board granting approval for Rockbridge Subdivision, and that staff be directed to make Findings of Fact based upon evidence that was presented and Conclusions of Law that are consistent with the County’s subdivision Ordinance, and to draft an Order that that affect. Commissioner Council seconded the motion and upon vote the motion passed unanimously.
APPEAL TO WAKE COUNTY
BOARD OF COMMISSIONERS
FROM WAKE COUNTY PLANNING BOARD

GREGORY L. & SHARON L.
PITTMAN, BRYON LEE, JR. &
TONA L. TEDDER, JOSIE W.
DOUGLAS, GREGORY &
LYNETTE BARNES, TRACEY
O’BRIEN & MARSHALL T.
MOORE, JACQUELINE Y. LYNCH,
JAMES & VIRGINIA DWYER,
ROBERT E. & CHERYL S.
UPCHURCH, ROBERT T. &
YOLANDA C. WINSTEAD,
PATRICIA F. & JAMES E.
JOHNSON, JONATHAN
CLEVELAND HENDRIX, R.B.
HOPKINS, BOB WILLIAMSON,
BARRY WILDER, RICK CABE,
LEE LAYMON G.B. HOPKINS, S-36-04
GRIMSEY & NANCY YOUNG, R.
JAMES MONTAGUE, GEORGE L.
KAERCHER AND BETTE P.
KAERCHER,


This matter involves the proposed Rockbridge cluster subdivision (S-36-04) (hereafter “Rockbridge”),. On September 15, 2004, Rockbridge was considered and approved by the Wake County Planning Board. Pursuant to Section 3-1-9 of Wake County Subdivision Ordinance, (the “Subdivision Ordinance”), the above-captioned Appellants appealed that decision to this Board, which heard the matter on December 6, 2004. Based on the testimony, exhibits and other evidence presented at the hearing, this Board makes the following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT

1. Rockbridge is a proposed cluster subdivision of 411 lots on approximately 285 acres located in Wake County between Poole Road and Grasshopper Road. The property owners are Eden Croft Development and Gaddy Limited Partnership. The Applicant is Tony M. Tate.

2. Appellants are all persons who own real property either adjacent to or in reasonably close proximity to the proposed Rockbridge Subdivision.

3. The Rockbridge Application was submitted to the County Planning Department. Wastewater service to the site is to be provided by a conventional community wastewater system. Municipal water and sewer are not currently available at this time.

4. Section 3-4-7(1) of the Subdivision Ordinance states that “[s]ewer systems in all subdivision shall be approved by the Environmental Health Section of the Division of Health Services of the North Carolina Department of Human Resources, or Community Development [now known as the Department of Environment and Natural Resources or “DENR”], or the Wake County Health Department . . .whichever has jurisdiction.”

5. Pursuant to State law, the State of North Carolina has exclusive jurisdiction over the permitting of sewer systems which discharge to the surface or surface waters of the State.

6. The State agency charged with review, consideration and permitting of sewer systems is the DENR’s Division of Water Quality (hereinafter “DWQ”).

7. The sewer system designed and intended for Rockbridge is a conventional surface discharge sewer system the type of which has been regularly approved by DWQ.

8. Appellants presented no facts tending to show that the proposed sewer system is injurious to the environment.

9. Applicant presented evidence of a traffic consultant’s study which demonstrated that the proposed subdivision would not adversely impact the surrounding roadways.

10. Appellants presented opinions but no competent evidence that the traffic expected to be generated by the proposed subdivision would adversely impact the surrounding roadways.

11. There is no requirement in the Wake County Subdivision regulations that is tied to the Wake County Land Use Plan.
CONCLUSIONS OF LAW

1. This Board is charged with reviewing proposed subdivisions to determine if requirements of the Wake County Subdivision Ordinance have been met. Compliance with those requirements are necessary to, among other things, assure that the health, safety and welfare of the public are protected. 2. Appellants, as persons who own property adjacent or in close proximity to the proposed Rockbridge Subdivision, are affected persons having the right to appeal pursuant to Section 3-1-9 of the Subdivision Ordinance.

3. The type of sewer system proposed for Rockbridge has been approved by DWQ and, thus, is an “approved” system as required by the Subdivision Ordinance.

4. The traffic expected to be generated by the proposed subdivision will not adversely impact the surrounding roadways.

5. Appellants have not met their burden on proving by substantial evidence that approval of the proposed subdivision by the Planning Board violated any provision of the Wake County Subdivision Ordinance.
ORDER

Based upon the foregoing Findings of Fact and Conclusions of Law it is hereby ORDERED that the Planning Board’s approval of the Rockbridge (S-36-04) Subdivision is affirmed and appellants appeal is denied.
(A copy of the transcript of the hearing is on file maintained by the Clerk to the Board.)
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ACQUISITION OF APPROXIMATELY 86.31 ACRES OF SURRY ROBERTS PROPERTY
ALONG LITTLE RIVER FOR OPEN SPACE PRESERVATION

County staff has been involved in negotiations for the purchase of a portion of a 99-acre parcel located within the Little River Open Space Corridor. The parcel is owned by Dr. Surry Roberts is listed in the June 2003 Inventory of Significant Natural Areas in Wake County and includes examples of granitic flatrocks and associated rare plant communities and the nationally significant Little River Aquatic Habitat. The property provides more than 2,000 feet of frontage on Little River, thereby providing significant protection of water quality and the future Little River Reservoir.

Based on values presented in two appraisal reports, County staff feels that the $9,200 per acre is within a reasonable range of value for fee simple interest in the property and recommends the purchase of the 86.31 acres for $9,200 per acre.

Upon motion of Commissioner Webb, seconded by Commissioner Ward, the Board unanimously approved the acquisition of approximately 86.31 acres from Dr. Surry Roberts for the purchase price of $794,052 and authorized the County Manager to execute a purchase contract on behalf of Wake County containing terms and conditions acceptable to the County Attorney.
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PARTNERSHIP AGREEMENT WITH THE STATE OF NORTH CAROLINA
FOR THE ACQUISITION OF APPROXIMATELY 116 ACRES ADJOINING
UMSTEAD STATE PARK

The State of North Carolina Division of Parks and Recreation has recently submitted a request for County participation in the acquisition of 116 acres referred to as the Eure Property. The property is located off US Highway 70 north of and adjoining Umstead State Park, which contains significant natural heritage areas, identified by the NC Natural Heritage Program. Preservation of the Eure Property will contribute to the protection of the existing Umstead State Park, reduction of sedimentation and pollutants from urban runoff in Sycamore Creek and Big Lake and provide a buffer from the Raleigh Durham Airport and adjoining development. The property is located within the City of Raleigh zoning jurisdiction and is currently zoned Thoroughfare District and R-4 Residential and would likely be developed for retail, commercial and multi-family use resulting in high levels of impervious uses.

The owners of the property have agreed to sell the property for $6,032,000. The NC Parks and Recreation Authority has allocated $2,150,000 for this project and have applied to the Clean Water Management Trust Fund for $2 million and have received information of funding in the amount of
$1 million with an additional $1 million deferred until the next funding cycle. The County is being requested to contribute $1,920,666 or 31.6 percent of the acquisition costs for the purchase of the 116 acres. The Trust for Public Lands has agreed to provide an additional $1 million needed to complete this transaction which includes closing costs. The Division of Parks and Recreation will enter into contract with Trust for Public Lands whereby upon receipt of the additional $1 million in the next funding cycle, the NC Division of Parks and Recreation will reimburse the Trust for their contribution and receive title to the entire 116 acres. Until Trust is reimbursed, they will retain title to approximately 19.23 acres of the Eure Property.

Upon motion of Commissioner Ward, seconded by Commissioner Webb, the Board unanimously authorized the County Manager to execute a grant agreement with the State of North Carolina Division of Parks and Recreation for Wake County to provide up to $1,920,660 for acquisition costs for the approximate 116-acre Eure Property, with the terms and conditions of said agreement to be acceptable to the County Attorney.
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RESOLUTION AUTHORIZING DISPOSAL OF PROPERTY BY PRIVATE SALE

At the October 18, 2004 Board of Commissioners meeting, the Board declared 139 vehicles as surplus to be disposed of by public auction through the State Surplus Property Agency. One of those vehicles was a Harley Davidson motorcycle, formerly ridden by the late Wake County Sheriff Deputy Mark Tucker. His family has expressed interest in purchasing the vehicle by private sale at a negotiated price. NC General Statute 160A-267 provides that the Commissioners may adopt a resolution providing for such a disposal method.

Commissioner Council read aloud the resolution and upon motion of Commissioner Gardner, seconded by Commissioner Jeffreys, the Board unanimously adopted said resolution authorizing the disposal of one Harley Davidson police package motorcycle by private sale at a negotiated price.

RESOLUTION AUTHORIZING DISPOSAL OF PERSONAL
PROPERTY BY PRIVATE NEGOTIATION AND SALE


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APPROVAL OF SCHEMATIC DESIGN FOR THE
HOLLY SPRINGS BRANCH LIBRARY AND CULTURAL ARTS CENTER

At the November 17, 2003 Board of Commissioners meeting, the Board approved entering into an interlocal agreement with the Town of Holly Springs for conveyance of approximately seven acres of land for development of a new Branch Library, in conjunction with a Cultural Center to be funded by the Town. In August 2004, the Commissioners of both the County and the town authorized certain revisions to the language of the original interlocal agreement, that the County will retain ownership of the property and all improvements made thereon, the County will retain ownership of the property and all improvements made thereon. Prior to the completion of the Cultural Center portion of the facility the County will execute a 99-year lease with the Town of Holly Springs for the Cultural Center portion of the facility. In addition, a Joint Use Agreement will be executed by both parties to address operational and maintenance issues.

County staff has worked collaboratively with staff from the Town of Holly Springs to jointly develop the plan for the Library and Cultural Center. Consistent with the original conceptual site plan, the project has been conceived as a single building housing the Library on one side, the Cultural Center on the other side, and a common lobby in between them. The Library will be 8,372 square feet, consistent with the prototype previously defined for branch libraries, featuring a large open space with generous daylighting from north window, and support space along the south side of the space.

The schematic design for the building was presented by a representative of Little Diversified Architectural Consulting, along with a preliminary site development plan. Site development and building construction cost for the entire facility is estimated to be $3.7 million. The projected cost for the Library is $1.6 million. The project is scheduled to be opened in the fall of 2006.

Upon motion of Commissioner Gardner, seconded by Commissioner Webb, the Board unanimously approved the schematic design for the proposed Holly Springs Branch Library and Cultural Center.
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INTERLOCAL AGREEMENT
FOR COUNTYWIDE STORMWATER MANAGEMENT EVALUATION

Camp Dresser and McGee, an engineering-consulting firm, has been selected to prepare the Countywide Stormwater Management Evaluation. All twelve municipalities have signed the interlocal agreement to participate in this study. Wake County has received a grant from the U.S. Environmental Protection Agency which will be used to fund the majority of this study. The study is expected to take nine months to complete.

The Board of Commissioners is being requested to consider entering into an interlocal agreement between Wake County and each of the twelve municipalities to participate in the study. The evaluation will focus on water quality protection and flood prevention through stormwater management and on compliance with regulatory mandates such as the National Pollution Discharge Elimination System Phase II stormwater program. Wake County is required to have a Stormwater Management Plan under the NPDES II regulations.

Mr. Martin Bailey of Environmental Services presented information on the reasons for the evaluation, the collaborative approach and key elements of the process and time frame.

Upon motion of Commissioner Gardner, seconded by Commissioner Webb, the Board unanimously approved an interlocal agreement for countywide stormwater management evaluation.
INTERLOCAL AGREEMENT
RECITALS:
ARTICLE I
Definitions

“Agreement” means this Interlocal Agreement.

“Contract Date” means the date of the Agreement.

“Feasibility Phase” means the study phase which determines the feasibility of implementing a countywide Stormwater Management
Program, including a funding study, user group formation and education of the public.

“Unit of Local Government” means a county, city, town or incorporated village.
ARTICLE II
Scope of Work

ARTICLE III
Duration
ARTICLE IV
Further Collaboration

4.01. Further Collaboration Encouraged. It is understood by the Parties to this Agreement that the desired result from collaboration on the Scope of Work is for all of the Parties to work together further to establish a countywide Stormwater Management Program. To this end, the Parties make a good faith commitment to give favorable consideration to collaboration on such further work; however, it is understood that no Party is obligated to continue in any further work or pursue any recommendations, which might be indicated by the Feasibility Study Report.

4.02. Principles for Participation in Future Implementation Phase of Collaborative Stormwater Management Effort. The parties agree that, if
ARTICLE V
Withdrawing Party

ARTICLE VI
Assignments
ARTICLE VII
Limited Obligation of Parties
ARTICLE VIII
Miscellaneous

8.02. Notices
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WORKFORCE INVESTMENT ACT FUNDED POSITIONS
FOR WORKFORCE DEVELOPMENT

The Wake and Johnston County Boards of Commissioners created the Capital Area Workforce Development Consortium in 1982. The Consortium’s Workforce Development Board is a private sector-led board in partnership with local government, providing direction and oversight of workforce development activities for both counties and administers federal/state workforce funds.

Workforce Development requests the establishment of 4.0 full time equivalent Workforce Development positions (three Workforce Development Specialists and one Information Technology Technician) to comply with the planning, procurement, follow-up services and oversight of federal funds serving businesses, job seekers, dislocated workers, offenders and youth in Wake and Johnston Counties. All costs associated with these positions will be paid with federal funds received through the N.C. Department of Commerce via the U.S. Department of Labor. The grant projects extend beyond one year, therefore, on-going use of temporary positions is not recommended.

Upon motion of Commissioner Council, seconded by Commissioner Ward, the Board unanimously authorized the establishment of four full time Workforce Development positions for the Workforce Development Division.
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WAKE COORDINATED TRANSPORTATION SERVICES
2004-2005 COMMUNITY TRANSPORTATION PROGRAM GRANT REQUEST

The Wake County Transportation Advisory Board has recommended approval of the grant application for Wake Coordinated Transportation Services 2005-2006 Community Transportation Program. The Program grant to the NC Department of Transportation combines three requests into one process, and the County match portions totaling $123,729 will be funded in the fiscal year 2005-2006 Transportation budget by user fees:
Upon motion of Commissioner Webb, seconded by Commissioner Council, the Board unanimously endorsed the Community Transportation Program, and authorized the Chairman of the Board of Commissioners to sign the Resolution to Apply, Certifications and Assurances and affix the signatures of local officials as required.
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REVISION TO THE OPERATING BUDGET OF THE
GREATER RALEIGH CONVENTION & VISITORS BUREAU TO
FUND A JOINT MARKETING PLAN FOR THE NEW CONVENTION CENTER

At the November 22, 2004 meeting of the Wake County Board of Commissioners and the Raleigh City Council, the Commissioners and the Council approved a financing plan that increases the projected tax proceeds based on better than expected actual results in fiscal year 2004. The plan allocates additional funds to the construction of the convention center and adds $267,000 in fiscal year 2005 for partial funding of a joint marketing plan for the new convention center. The Raleigh City Council approved this same request from the Convention and Visitors Bureau to revise the operating budget at their regularly scheduled Council meeting on November 16, 2004. The new marketing plan is estimated to cost $695,000 and will be funded with the following resources:

$267,000 approved on November 22, 2004 as part of the revised financing plan

$133,000 from additional fiscal year 2005 projected hotel/motel revenues

Upon motion of Commissioner Ward, seconded by Commissioner Council, the Board unanimously approved a budget revision that increases the Greater Raleigh Convention and Visitors Bureau allocation for marketing related expenses by $133,000.
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REQUEST FROM WAKE COUNTY BOARD OF EDUCATION TO
RE-ALLOCATE PLAN 2000 FUNDS

Several Plan 2000 projects are nearing completion and the typical process is to wait until the projects are ready to be closed and then reallocate the savings to other projects. Due to the urgency that the Wake County Public School System staff has to get mobile and modular units in place for fall 2005, the staff estimated the amounts available to be transferred from several projects before it is time for them to be closed. The total estimated savings is $6.5 million and the Wake County Board of Education approved these movements in a resolution dated November 9, 2004.

The Commissioners received a report on this request at its November 15, 2004 meeting and there were no outstanding questions.

Upon motion of Commissioner Council, seconded by Commissioner Webb, the Board approved the request from the Board of Education to reallocate Plan 2000 funds. All Commissioners voted aye, except Commissioner Jeffreys who voted nay.

RESOLUTION
REALLOCATION OF FUNDS FOR
PLAN 2000 SCHOOL CAPITAL PROJECTS

________________

Commissioner Jeffreys’ requested information regarding the impact on the School System if year-round was implemented K-12 for the next two years. Mr. Don Haydon of the Wake County Public Schools was in attendance at today’s meeting and made note of the request.
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REPORT FROM WAKE COUNTY BOARD OF EDUCATION TO
APPROPRIATE PLAN 2004 FUNDS FOR MOBILE/MODULAR CLASSROOMS

At the November 17, 2003 Board of Commissioners meeting, the Board approved a resolution appropriating the Plan of Record on the books of the County in the amount of $479.9 million. Approximately $48.7 million of Plan 2004 is unfounded at this time. It is anticipated that savings in school capital plans Phase IIIB and Plan 2000 may occur to close a portion of the funding gap.

At the November 22, 2004 meeting of the Wake County Board of Education, the Board approved a resolution requesting $8,546,749 of funding for mobile/modular classrooms to meet anticipated needs for fall 2005. Of this amount, approximately $4.6 million will be used to provide educational and program equipment and furniture for 1889 new classrooms, $2.4 million will be used to prepare sites for 61 classrooms, and $1.5 million will be used to purchase and set up mobiles/modulars for 38 additional classrooms.

With no outstanding questions, this item will be placed on the January 3, 2005 consent agenda.
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WAKE COUNTY BOARD OF COMMISSIONERS’
2005 REGULAR MEETINGS SCHEDULE

Chairman Bryan commented on the schedule of meetings for the upcoming year noting the addition of work sessions.

Upon motion of Commissioner Ward, seconded by Commissioner Gurley, the Board unanimously approved the 2005 Regular Meeting Schedule for the Wake County Board of Commissioners. All meetings begin at 2:00 p.m. (*except where noted)
MAY
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APPROVAL OF BOARD OF COMMISSIONERS
2005 COMMITTEE ASSIGNMENTS

Chairman Bryan announced Committee assignments for the upcoming year and upon motion of Commissioner Ward, seconded by Commissioner Council, the Board unanimously approved the Committee assignments as presented.
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ADOPTION OF BOARD OF COMMISSIONERS’ 2005 GOALS

Chairman Bryan read aloud a list of goals for consideration and adoption by the Board of Commissioners. He noted that the goals may change over time as the Board sees fit, however, the list does outline the Board’s plans and focus for the upcoming year.

Upon motion of Commissioner Council, seconded by Commissioner Webb, the Board unanimously adopted the goals as presented.

1. SCHOOL CAPITAL NEEDS – Work with the School Board to develop strategies and an action plan to meet school capital needs over the next four to seven years

2. LITTLE RIVER/OPEN SPACE – Complete Little River Reservoir land acquisition and accelerate progress for open space acquisitions in approved watersheds and corridors.

3. SOLID WASTE DISPOSAL – Decide on a long-term strategy for solid waste disposal, by working in partnership with all municipalities.

4. MENTAL HEALTH REFORM – Work with local legislative delegation on implementation plan for mental health reform, and specifically identify strategies and action plan for inpatient hospital beds.

5. URBAN COUNTY LEADERSHIP – Take leadership role in establishing a forum/series of meetings for the largest and urbanizing counties to discuss common issues and promote common legislative agendas around: schools, roads/transportation, open space and other issues as identified.

6. CITIZEN AWARENESS – Implement strategies to increase citizen awareness of Wake County services.

7. Institute a Countywide volunteer celebration and recognition event and award the Larry B. Zieverink “Volunteer-of-the-Year” award.

8. Attract new investment and create new jobs, while continuing to work with the Wake County Economic Development program and all municipal Chambers of Commerce.

9. Develop multi-year business and financial plan for fire service in the unincorporated area and the Town of Wendell (Fire Tax District)

10. Develop and arrive at consensus on courthouse and criminal justice long-term capital plan.

11. Continue business-like approach to budget discussion and long-term financial planning and arrive at consensus on priorities of services and programs.

12. Continue to work with the Capital Area Metropolitan Planning Organization to identify and implement transportation strategies to address the needs of Wake County and municipalities

13. Simplify and update the County’s subdivision, zoning, and other ordinances to reflect current policies and initiatives (unified development ordinance)

14. Reconfirm the County’s approach to how development should occur in the unincorporated areas and evaluate the County’s criteria for extraterritorial jurisdiction expansion for municipalities.
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APPOINTMENTS

Following nominations and upon motion of Commissioner Gardner, seconded by Commissioner Council, the Board unanimously approved the appointments as outlined below, except where noted and approved suspension of the rules re the Board’s Appointment Policy as it relates to terms limits and the appointment of Mr. Killebrew of the Information Technology Advisory Committee:

a. Wake County Adult Care Home Community Advisory Committee b. Wake County Board of Human Services
c. Wake County Council on Fitness and Health
d. Wake County Historic Preservation Commission
e. Information Technology Advisory Committee
f. Juvenile Crime Prevention Council
g. Wake County Library Commission


h. Wake County Nursing Home Community Advisory Committee
i. Raleigh-Durham Airport Authority


j. Fuquay-Varina Planning and Zoning Board
k. Garner Fire Department Board of Trustees, Firemen’s Relief Fund

l. Holly Springs Board of Adjustment

m. Holly Springs Municipal Fire Department Board of Trustees, Firemen’s Relief Fund

n. Stony Hill Rural Fire Department Board of Trustees, Firemen’s Relief Fund

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COMMITTEE REPORTS

Commissioner Webb reported on the Workforce Development Board’s recent retreat. He indicated that it was a good retreat and shared a handout on the activities and work of Workforce Development.
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OTHER BUSINESS

In response to questions raised concerning the County’s 2005 Legislative Agenda, the County Manager indicated that the Board had been provided a copy of a draft and that the item would be submitted for input and adoption by the Board next month.
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PROCLAMATION HONORING RICHARD SYKES, III

Chairman Bryan brought to the Board’s attention a draft of a proclamation recognizing the accomplishments and work of Coach Richard Sykes, a Wendell resident. The Town of Wendell plans to honor Coach Sykes at an upcoming event and has asked that the Board of Commissioners join in that recognition.

Upon motion of Commissioner Ward, seconded by Commissioner Webb, the Board unanimously adopted a proclamation honoring Coach Richard Sykes to be presented by Chairman Bryan later this month.
PROCLAMATION
HONORING E. RICHARD SYKES, III

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There being no further business to come before the Board at this time, Chairman Bryan adjourned the meeting at 8:10 p.m. upon the motion of Commissioner Ward, seconded by Commissioner Council and the unanimous vote of the Board.
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Gwen Reynolds
Clerk to the Board