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    Minutes of 01-18-2005 Board of Commissioners' Meeting (adopted)
WAKE COUNTY BOARD OF COMMISSIONERS
MINUTES
January 18, 2005

The Wake County Board of Commissioners met in regular session Tuesday, January 18, 2005, at 2:00 p.m. in the Commissioners’ Meeting Room, 7th Floor, Wake County Courthouse, Raleigh, North Carolina. Members present were Commissioners Herbert H. Council, Kenneth M. Gardner, Tony Gurley, Phil Jeffreys, Betty Lou Ward, Harold H. Webb and Chairman Joe Bryan.

Also attending were the County Manager, Mr. David C. Cooke; the County Attorney, Mr. Michael R. Ferrell; 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 Ward offered the invocation.

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APPROVAL OF AGENDA

Upon motion of Commissioner Ward, seconded by Commissioner Council, the Board unanimously approved the agenda with the addition of
“Discussion of the City of Raleigh’s request to partner for the Mid-Eastern Athletic Conference (MEAC) Basketball Tournament.”
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APPROVAL OF MINUTES

Upon motion of Commissioner Webb, seconded by Commissioner Jeffreys, the Board unanimously approved the minutes of January 3, and January 10, 2005.
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NATIONAL ARTS PROGRAM EXHIBITION RECOGNITION FOR
WAKE COUNTY EMPLOYEES AND THEIR FAMILIES

The second annual National Arts Program at Raleigh and Wake County is co-sponsored by the National Arts Program Foundation, the City of Raleigh and its Arts Commission, Wake County and the United Arts Council of Raleigh and Wake County, Inc. The Program provides professional and non-professional artists with an opportunity to exhibit their works publicly and to compete for cash prizes.

Eleven County employees or members of their immediate families have won awards. The exhibit was open December 3, 2004 through January 6, 2005 in the Salisbury Street entranceway of the Wake County Office Building.

Eleanor Jordan, President of United Arts Council of Raleigh and Wake County, was recognized to present the winners. Catherine Clark of the Public Safety Department assisted with the presentation.
The Commissioners greeted and congratulated each of the winners in the National Arts Program for Wake County employees and their families.

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PROCLAMATION RECOGNIZING FEBRUARY 2005 AS
WOMEN’S HEART HEALTH MONTH IN WAKE COUNTY

Ms. Gibbie Harris of Wake Human Services was recognized to present information and to request that the Wake County Commissioners proclaim February as Heart Health Month in Wake County. Heart disease is the number one killer of women and one in three American women dies of heart disease. In 2003, forty-six percent of Wake County’s deaths due to ischemic heart disease were in women.

Commissioner Ward read aloud the proclamation and moved adoption as read. Commissioner Council seconded the motion and upon vote the motion passed unanimously.

Each of the Commissioners was presented a “red dress” pin symbolizing a red alert to take women’s heart disease seriously.

PROCLAMATION
WOMEN’S HEART HEALTH MONTH – FEBRUARY 2005


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CENTENNIAL AUTHORITY PRESENTATION

Each year the Centennial Authority makes a payment in lieu of taxes to the County and the City of Raleigh. Mr. Perry Safran, Vice-Chairman of the Centennial Authority, was recognized for brief comments and to introduce Authority members attending today’s meeting. He then called on Steve Stroud, Chairman of the Authority, to give an overview of the vision, the building of the facility, and the impact to this area. The Commissioners viewed a video of the various events and activities at the Center during the past five years.

Mr. Stroud then presented a check in the amount of $1,117,389.74. This check brings the total contributions to the County of $5,875,950.74.

The contribution was received as presented and the Commissioners expressed appreciation to the Authority members for their service to the County and the Triangle area.
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PRESENTATION OF BUSINESS PLAN - ENVIRONMENTAL SERVICES DEPARTMENT

One of the goals adopted by the Board of Commissioners for 2005 is “citizen awareness.” Thus, from time to time various County departments will be presenting their business plans in order to better inform the public about the activities and services of Wake County Government.

Chairman Bryan recognized Mr. Rick Rowe, Director of Environmental Services, to give an overview of the business plan and the services provided by Environmental Services. Mr. Rowe began with a PowerPoint presentation outlining the Department’s mission: to protect and improve the quality of Wake County’s environment and ensure a healthy future for its citizens through cooperation, education, management and enforcement.

The three core business functions of the Department are: solid waste (recycling services, disposal, collection/hauling, education, enforcement services and capital projects); environmental health and safety (food service section, plan review and recreational section, environmental specialties and animal care, control and adoption center); water quality (watershed programs, wastewater programs, surface and groundwater protection and environmental education and outreach).

Following a brief question and answer period, the Commissioners received the information as presented.

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PUBLIC COMMENT

The Board of Commissioners desires to hear from the public about the operation and services of Wake County Government. It is for that reason a signup sheet has been provided and time certain has been set (3:00 p.m.) for public comment.

1. Mr. Jake Petrosky, 5338 Cog Hill Court, Raleigh – Staff Liaison, Capital Area Metropolitan Planning Organization (CAMPO) Bicycle and Pedestrian Stakeholders Group- expressed support of proposed amendments to the Unified Development Ordinance. There were no other persons requesting to be heard and the Chairman declared the public comment portion of the meeting closed.
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Chairman Bryan called for a five-minute recess.
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PUBLIC HEARING
ORDINANCE AMENDMENT OA/04/10 TO AMEND THE
WAKE COUNTY SUBDIVISION AND ZONING ORDINANCES TO ESTABLISH TREE
(INCLUDING SPECIMEN TREES) AND VEGETATION PROTECTION REQUIREMENTS

Chairman Bryan announced a public hearing to consider an amendment to the Wake County Subdivision and Zoning Ordinances to establish tree and vegetation protection requirements, duly advertised as provided by statute for Tuesday, January 18, 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 give an overview of the proposed amendment. He stated that the tree protection ordinance amendment is intended to preserve trees (including specimen trees) and other significant vegetation along the perimeter of property prior to site or subdivision development. Specimen trees are defined as any deciduous tree with a trunk that is 24 inches or greater in diameter at breast height. The proposed ordinance amendment requires the delineation of a tree and vegetation protection zone around the perimeter of a tract of land. The width of the protection zone is 50 feet from all public rights-of-way and 25 feet from all property lines. Although this protection zone must be shown on site plans and subdivision plans, it is not necessary for developers to prepare surveys of individual trees. The minimum size of a replacement tree is two inches in diameter at breast height.

A number of exemptions are made to the tree protection standards to ensure that the environmental and aesthetic benefits and individual property rights and protection are balanced with the need to protect trees:

1. The removal of dead or naturally fallen or severely damaged trees and vegetation, or trees and vegetation that are a threat to the public health, safety, or welfare;

2. The removal of diseased or insect-infected trees or vegetation that pose a risk to adjoining trees;

3. The limited removal of trees or vegetation to obtain clear visibility at driveways, intersections, or within required sight triangles;

4. The removal of trees on tracts of two acres or less in area located within a single-family residential zoning district;

5. The removal of trees as part of normal forestry activities on property taxed under the present-use value standard or conducted pursuant to a forestry management plan given certain restrictions on the timing of subsequent development approvals on the site if all or substantially all of the trees that should have been protected were removed.

6. The removal of trees or vegetation for the purpose of sale by commercial garden centers, greenhouses, or nurseries; and

7. The removal of damaged or dead trees or vegetation during or after emergencies or inclement weather such as wind storms, ice storms, fire, or other disasters.

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

No one appeared in support of or in opposition to the amendment at this time; however, later in the public hearing, Mr. Ken Kirby of the Home Builders Association of Raleigh-Wake County commented in support of the proposed ordinance.

Chairman Bryan called for the recommendation of the Planning Board and Planning staff.

Ms. Melanie Wilson, Wake County Planning Director, reported that the Planning Board met December 1, 2004 and by a vote of 7-2 recommended that the Board of Commissioners approve the proposed amendment.

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

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

Following discussion and upon motion of Commissioner Ward, seconded by Commissioner Council, the Board unanimously approved the amendment to the Wake County Subdivision and Zoning Ordinance to establish tree and vegetation protection requirements.

A RESOLUTION
INTRODUCING AN ORDINANCE AMENDING THE
WAKE COUNTY ZONING AND SUBDIVISION ORDINANCES TO ESTABLISH
TREE (INCLUDING SPECIMEN TREES) AND VEGETATION PROTECTION REQUIREMENTS

WHEREAS, currently the Subdivision Ordinance has no requirements for tree and vegetation protection;

WHEREAS, the proposed tree and vegetation protection regulations would preserve trees (including specimen trees) and other vegetation along the perimeter of development sites, which will help preserve the visual character and natural beauty of Wake County;

WHEREAS, increased tree and vegetation protection is consistent with the objectives of House Bill 679, and the Implementation Plan, which in turn is derived from the Wake County Growth Management Plan;

WHEREAS, the proposed new standards on tree and vegetation protection provide for many maintaining ground water levels through
stormwater absorption and moderating temperatures;

WHEREAS, adopting the proposed regulations will improve the health, safety, and general welfare of Wake County Residents;

WHEREAS, the Planning Board held a public meeting on December 1, 2004, and voted 7 to 2 to recommend that the Board of
Commissioners approve the ordinance amendment;

WHEREAS, the Board of Commissioners held a duly advertised public hearing on January 18, 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 AND ZONING ORDINANCES
TO ADD REQUIREMENTS FOR TREE AND VEGETATION PROTECTION
SECTION I

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

A. ADD Section 3-4-15 (Tree and Vegetation Protection), adding the following text:

(A) General Intent

The regulations of this section are intended to preserve trees and other significant vegetation along the outer perimeter of development sites at least until such time as a site plan or other development plan is approved for the subject site. Such regulations will help to ensure that trees and vegetation along the perimeter of a site are not removed or disturbed prior to consideration of an actual plan for development of the site. By doing so, the regulations will preserve and enhance the visual character of the County by reducing the negative visual impacts of buildings, preserving wildlife habitat, controlling surface water runoff, and moderate temperatures. Tree and vegetation protection prior to development will also help conserve water because of increased absorption ability of retained plants. (B) Applicability; Effect

(1) The tree and vegetation protection standards of this section apply to the outer perimeter of parcels proposed to be graded, disturbed or subdivided—an area known as the “tree and vegetation protection zone.” The boundaries of the tree and vegetation protection zone extend the following distances from the outer perimeter of a parent parcel:

(a) 50 feet from all public road rights-of-way; and

(b) 25 feet from all other property lines.

(2) The standards of this section generally require that the tree and vegetation protection zone remain undisturbed and that trees and vegetation within the zone be preserved, except that the Planning Director or Planning Board may permit land disturbance and tree and vegetation removal within the protection zone when deemed necessary to allow for reasonable use and development of the property.

(3) The tree and vegetation protection zone is required only on the outer perimeter of lands included in the initial approved preliminary plan of a parent tract of land. Subsequent subdivisions of lots within the parent tract are not required to provide a tree and vegetation protection zone.

(C) Exemptions The following activities are exempt from the tree and vegetation protection standards of this section:

(1) the removal of dead or naturally fallen or severely damaged trees or vegetation, or the removal, by an approved method, of trees or vegetation that are a threat to the public health, safety, or welfare;

(2) the removal, by hand, of diseased or insect-infected trees or vegetation that pose a risk to adjoining trees as determined by the North Carolina Division of Forest Resources or by a certified arborist (International Society of Arboriculture);

(3) the selective and limited removal of trees or vegetation necessary to obtain clear visibility at driveways, intersections, or within required sight triangles;

(4) the removal of trees on tracts of 2 acres or less in area located within a single-family residential zoning district. Land within public rights-of-way is excluded from the area calculation.

(5) the removal of trees as part of normal forestry activities on property taxed under the present-use value standard or conducted pursuant to a forestry management plan prepared or approved by a forester registered pursuant to NCGS Chapter 89B. However, for such properties, the County may deny a building permit or refuse to approve a site plan or subdivision plan for a period of 3 years following completion of the harvest if all or substantially all of the trees that should have been protected within the tree and vegetation protection zone were removed from the tract of land for which the permit or plan is sought. The County may deny a permit or refuse to approve a site plan or subdivision plan for a period of 2 years if the owner replants the protection zone within 120 days of harvest with plant material that is consistent with buffer areas required under the County buffer area standards;

(6) the removal of trees or vegetation for the purpose of sale by commercial garden centers, greenhouses, or nurseries, and;

(7) the removal of damaged or dead trees or vegetation during or after emergencies or inclement weather such as wind storms, ice storms, fire, or other disasters.

(D) Maximum Size of Tree and Vegetation Protection Zone


The total area of a tree and vegetation protection zone is not required to exceed 20% of the total area of the parcel, excluding any land area located within public road rights-of-way and any required conservation easements. (Note: Conservation easements located within tree and vegetation protection zones will be credited toward compliance with the tree and vegetation protection standards of this section)

(E) Delineation of Tree and Vegetation Protection Zone

Subdivision plans must indicate the limits of the tree and vegetation protection zone. Tree surveys of individual trees are not required, but whenever protected trees are proposed for removal, such plans must indicate the location and size of all protected trees within the tree and vegetation protection zone that are proposed for removal (and replacement).

(F) Encroachments Within the Tree and Vegetation Protection Zone

(1) It is the intent of this section to permit reasonable predevelopment activity on of lands that are subject to the tree and vegetation protection standards of this section. It is recognized that encroachment into the tree and vegetation protection zone may be necessary to allow for reasonable use and development of the subject parcel. The Planning Director or Planning Board may approve encroachments it deems necessary to permit reasonable use and development. Examples of encroachments that may be permitted include utilities, driveways, sidewalks, entrances and entrance features, supplemental landscaping, as well as access routes for construction vehicles or equipment where no alternative means of access exists on the site. Septic fields must be allowed to encroach into the tree and vegetation protection zone if a qualified soil scientist determines that such location is the only feasible and safe alternative.

(2) At the time of consideration of a site plan or other authorized development plan for the subject site, review and decision-making bodies are authorized to approve land disturbance, development activity and tree and vegetation removal in accordance with applicable zoning and site development regulations. (3) When encroachment is deemed necessary by the Planning Director or Planning Board, any protected trees that are removed or that die within 1 year after the encroachment must be replaced in accordance with subsection (G) of this section. In addition, when encroachment must occur, care must be taken to remove and/or disturb the minimum amount of trees and vegetation, possible. Any proposed encroachment within tree and vegetation protection zones must be indicated on preliminary subdivision plans, in accordance with subsection (E).

(G) Replacement of Protected Trees
No protected tree may be removed from tree and vegetation protection zones unless the applicant or developer replaces such trees within the tree and vegetation protection zone at a rate of 1 inch of replacement tree (DBH) per 2 inches of removed tree (DBH). For example, if a 24-inch tree is removed, the following options exist for replacement: 1, 12-inch tree; 2, 6-inch trees; 3, 4-inch trees; 4, 3-inch trees; or 6, 2-inch trees.

(1) The minimum size (DBH) of a replacement tree is 2 inches.

(2) The Planning Board or Planning Director may allow replacement trees to be placed outside the tree and vegetation protection zone when adequate area does not exist within the tree and vegetation protection zone, or when placement in other areas of the site, or protection of other significant trees adjacent to the perimeter of the site, would better meet the intent of this section.

(2) It is the intent of this section to preserve protected trees and other vegetation and understory plant material that surrounds protected trees. It is recognized that clearing or disturbance of vegetation in and adjacent to protection zones can significantly impact protected trees within close proximity. Therefore, while there is no replacement requirement for the clearing of vegetation surrounding protected trees, clearing of any vegetation in these areas is strongly discouraged.

(H) Tree Protection During Construction

(1) Owner’s Responsibility
During development of the property, the owner is responsible for the erection and maintenance of any and all barriers necessary to ensure protection of protected trees and vegetation from damage during construction.

(2) Protective Fencing

(a) Where Required


(b) Type of Fencing
(c) Signs
(d) When Required
Section II

1-1-1 Diameter at Breast Height (DBH)
1-1-2 Protected Tree
Any deciduous tree with a trunk that is 24 inches or greater in diameter, measured 4.5 feet above the ground.

1-1-3 Tree and Vegetation Protection Zone
An area in which the tree and vegetation protection standards of Section 3-4-15 apply. Such area extends the following distances from the outer perimeter of a site:

(A) 50 feet from all public road right-of-way lines; and

(B) 25 feet from all other property lines.




SECTION III

The Wake County Code of Ordinances (Zoning Ordinance), Chapter 1-1 (Tree and Vegetation Protection) is hereby amended as follows:

A. ADD Section 1-1-30 (Tree and Vegetation Protection), adding the following text:

All lands within Wake County’s zoning jurisdiction are subject to the Tree and Vegetation Protection Standards of Section 3-4-15 of the Subdivision Ordinance.


Section IV

This amendment shall become effective immediately after its adoption, however any preliminary subdivision plan or site plan 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 TO AMEND THE WAKE COUNTY
SUBDIVISION ORDINANCE BY ADDING REQUIREMENTS FOR
PEDESTRIAN, BICYCLE AND TRAIL FACILITIES IN WAKE COUNTY SUBDIVISIONS

Chairman Bryan announced a public hearing to consider an amendment to the Wake County Subdivision Ordinance by adding requirements for pedestrian, bicycle and trail facilities in subdivisions, duly advertised as provided by statute for Tuesday, January 18, 2005, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.

Mr. Keith Lankford, Wake County Planning Department, commented on the proposed amendment. He stated that one deficiency of the current Subdivision Ordinance is that it has no requirements for the provision of pedestrian, bicycle and trail facilities as part of the subdivision’s development improvements. Under the amendment, subdivisions would be required to be designed in a manner that serves pedestrians and bicyclists. These requirements would apply only to roads that are classified as collector or thoroughfare roads. Flexibility is provided in how this goal is to be achieved with different requirements for short-range Urban Services Areas, Long-Range Urban Services Areas and Non-Urban improvements within the rights of way or trail and multi-use paths outside the roadway.

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

Jake Petrosky, 5338 Cog Hill Court, Raleigh (representing Bike and Pedestrian Stakeholders Group, Capital Area Metropolitan Planning Organization) supporting comments.

No one requested to be heard in opposition to the amendment.

Ms. Melanie Wilson, Wake County Planning Director, reported that the Wake County Planning Board met December 1, 2005 and by a vote of 9-0 recommended that the Board of Commissioners approved the proposed ordinance amendment.

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

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

There was discussion about the use of the trails as full service roads, beyond the intent of bicycle and walking facilities, that if this change occurs the Board of Commissioners look at revisiting the issue.

Upon motion of Commissioner Ward, seconded by Commissioner Council, the Board unanimously approved the amendment to the Wake County Subdivision Ordinance by adding requirements for pedestrian, bicycle and trail facilities in Wake County Subdivisions.
A RESOLUTION INTRODUCING
AN ORDINANCE AMENDING THE WAKE COUNTY ZONING AND
SUBDIVISION ORDINANCES TO ADD REQUIREMENTS FOR
PEDESTRIAN, BICYCLE AND TRAIL IMPROVEMENTS

WHEREAS, currently the subdivision ordinance has no requirements for pedestrian and bicycle mobility;

WHEREAS, increased pedestrian and bicycle mobility can improve public health and encourage physical activity;

WHEREAS, increased pedestrian and bicycle mobility is consistent with the objectives of the Wake County Transportation Plan and Thoroughfare Plan;

WHEREAS, the proposed new standards on pedestrian and bicycle mobility will help meet residents needs while maintaining flexibility for the developer;

WHEREAS, adopting the proposed regulations will improve the health, safety, and general welfare of Wake County Residents;

WHEREAS, the Planning Board held a public meeting on December 1, 2004, and voted 9 to 0 to recommend that the Board of Commissioners approve the ordinance amendment;

WHEREAS, the Board of Commissioners held a duly advertised public hearing on January 18, 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 and zoning Ordinances to add requirements for Pedestrian, Bicycle and Trail Improvements

SECTION I

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

ADD Section 3-4-17 (Pedestrian, Bicycle and Trail Improvements) as follows:

Section 3-4-17 - Pedestrian, Bicycle and Trail Improvements

(A) Purpose


(B) Short-Range Urban Services Area

(1) Pedestrian Improvements (D) Bicycle Improvements (E) (E) Off-Road Trail Improvements (C) Long-Range Urban Services Area (D) Non-Urban Areas (2) Bicycle Improvements (3) Off-Road Trail Improvements

SECTION II

This amendment shall become effective immediately after its adoption, however any preliminary subdivision plan or site plan 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
SUBDIVISION ORDINANCE TO REVISE THE STANDARDS FOR THE
COMPLETION AND MAINTENANCE OF SUBDIVISION IMPROVEMENTS

Chairman Bryan announced a public hearing to consider an ordinance to revise the standards for the completion and maintenance of subdivision improvements, duly advertised as provided by statute for Tuesday, January 18, 2005, 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 give an overview of the amendment. He stated that the amendment proposes to streamline and simplify the process of installing improvements in new subdivisions. Property owners will be protected against the risk that improvements are unreasonably delayed or never completed and that they may not be able to obtain a building permit. The proposed ordinance would remove the current provisions of the Subdivision Ordinance that allows platting before the completion of improvements provided that a disclosure statement is included on the final plat. The proposed ordinance would require that performance guarantees must be provided prior to the staff’s approval of the final plat for recordation.

Performance guarantees would be required to ensure that developers properly install all required subdivision improvements in a timely manner. Performance guarantees would be for a maximum of two years and would be renewable two times for one year each. The guarantees would be in the form of a bond, letter of credit or cash escrow account and would be for at least 125% of the probable cost of the improvements are at least 50 percent certified and completed, the amount of the financial guarantee can be reduced.

Staff also recommends changing the policy on the maintenance of improvements. The developer would be responsible for maintenance of all required improvements and rights of way to the required standards until the improvements are accepted by another legal entity such as a governmental agency, a public or private utility or a property owner’s association. No building permits will be issued until the improvements have been accepted or until maintenance agreement has been executed.

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

No one commented in support of or in opposition to the amendment.

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

Ms. Melanie Wilson, Wake County Planning Director, reported that the Planning Board met December 1, 2004 and by a vote of 9-0 recommended that the Board of Commissioners approve the proposed ordinance amendment as presented.

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

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

Upon motion of Commissioner Council, seconded by Commissioner Jeffreys, the Board unanimously approved an amendment to the Wake County Subdivision Ordinance to revise the standards for the completion and maintenance of subdivision improvements.

A RESOLUTION INTRODUCING
AN ORDINANCE AMENDING THE WAKE COUNTY SUBDIVISION ORDINANCE
TO REVISE THE STANDARDS FOR THE COMPLETION
AND MAINTENANCE OF SUBDIVISION IMPROVEMENTS

AN ORDINANCE
AMENDING THE WAKE COUNTY SUBDIVISION ORDINANCE
TO REVISE IMPROVEMENT REQUIREMENTS
SECTION I

The Wake County Code of Ordinances (Subdivision Ordinance), Chapter 3-3 (Procedures for Review and Approval of Other Subdivisions) is
hereby amended as follows:

A.B. AMEND Section 3-3-11 (Improvements), Part C (Completion of Improvements) as follows, adding the underlined text and removing the strikethrough text:



B.C. REMOVE Section 3-3-11(Improvements), Part D (Platting Before Completion of Improvements; Disclosure Statements) as follows, removing the strikethrough text:


C.D. ADD Section 3-3-11(Improvements), Part D (Performance Guarantees) as follows, adding the underlined text:
D.E. AMEND Section 3-4-11(Improvements), Part E (Improvements to be Maintained) as follows, adding the underlined text and removing the strikethrough text:

(E) MAINTENANCE OF REQUIRED IMPROVEMENTS TO BE MAINTAINED
E.F. AMEND Section 3-4-11(Improvements), Part F (Records) as follows, adding the underlined text and removing the strikethrough text:


(F) [RECORDS]
The subdivision Administrator shall maintain a record of:


F. G. REMOVE Section 3-3-11(Improvements), Part G (Administrative Methods to Ensure Completion of Improvements) as follows, removing the
SECTION II
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PUBLIC HEARING
ORDINANCE AMENDMENT TO AMEND THE WAKE COUNTY
SUBDIVISION ORDINANCE TO REVISE THE STANDARDS
FOR PRIVATE ROAD CONSTRUCTION AND MAINTENANCE
IN WAKE COUNTY

Chairman Bryan announced a public hearing to consider an amendment to the Wake County Subdivision Ordinance to revise the standards for private road construction and maintenance in Wake County, duly advertised as provided by statute for Tuesday, January 18, 2005, 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 current Subdivision Ordinance allows new developments to be served by private roads under certain conditions. The amendment proposes the designation of two classifications of private roads, Class A private roads and Class B roads that limits the number of lots that a private may serve. The ordinance will establish new design and construction standards will reduce future maintenance needs and costs. It also includes requirements for a disclosure statement to ensure that all property owners are aware of their responsibilities and their rights if they purchase a road being served by a private road.

The factual situation having been presented, Chairman Bryan announced that anyone desiring to comment in support of or in opposition to the amendment would be heard at this time.

Mr. Ken Kirby, Home Builders Association of Raleigh-Wake County – support

There were no comments in opposition to the amendment.

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

Ms. Melanie Wilson, Wake County Planning Director, reported that Planning Board at its December 1, 2004 meeting, by a vote of 9-0, recommended that the Board of Commissioners approve the proposed ordinance amendment.

Mr. Meadwell reported that Planning staff recommends approval as presented.

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

Upon motion of Commissioner Webb, seconded by Commissioner Ward, the Board unanimously approved an amendment to the Wake County Subdivision Ordinance to revise standards for private road construction and maintenance in Wake County.

A RESOLUTION INTRODUCING
AN ORDINANCE AMENDING THE WAKE COUNTY SUBDIVISION ORDINANCE
TO REVISE THE STANDARDS FOR PRIVATE ROAD CONSTRUCTION AND MAINTENANCE

WHEREAS, current private road standards have led to consumer protection problems where residents were unaware of their responsibilities for maintaining private roads;

WHEREAS, current private road standards have led to safety issues where poorly maintained private roads may be inaccessible to emergency vehicles, especially after a natural disaster;

WHEREAS, the proposed new standards will improve safety and minimize future maintenance costs;

WHEREAS, the proposed disclosure requirements will protect property owners from unexpected costs and help ensure they are aware of their rights and responsibilities;

WHEREAS, adopting the proposed revisions will improve the health, safety, and general welfare of Wake County Residents;

WHEREAS, the Planning Board held a public meeting on December 1, 2004, and voted 9 to 0 to recommend that the Board of Commissioners approve the ordinance amendment;

WHEREAS, the Board of Commissioners held a duly advertised public hearing on January 3, 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 ORDNANCE
TO ADD UPDATED REQUIREMENTS AND STANDARDS FOR PRIVATE ROADS
SECTION I

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

A. H. ADD Section 3-4-8 (Roads), Part C (Private Roads) – 0.5 (Intent and Designation) as follows, adding the underlined text:


B.I. AMEND Section 3-4-8 (Roads), Part C (Private Roads) –1 (Existing Private Roads) as follows, adding the underlined text:
C.J. AMEND Section 3-4-8(Roads), Part C (Private Roads) –2 (New or Extended Private Roads) as follows, removing the strikethrough
(strikethrough) text:

D. K. REMOVE Section 3-4-8(Roads), Part C (Private Roads) –3 (Private Road Standards) as follows, removing the strikethrough (strikethrough)
text:
E.L. ADD Section 3-4-8(Roads), Part C (Private Roads) –3 (Class A and Class B Private Roads) as follows, adding the underlined text:
F.M. ADD Section 3-4-8(Roads), Part C (Private Roads) –4 (Design and Construction Standards) as follows, adding the underlined text:
G.N. ADD Section 3-4-8(Roads), Part C (Private Roads) –5 (Disclosure) as follows, adding the underlined text:

H. O. ADD Section 3-4-8(Roads), Part C (Private Roads) –6 (Maintenance; Property Owners Associations) as follows, adding the underlined text:
Section II
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ORDINANCE AMENDMENT TO AMEND THE WAKE COUNTY
SUBDIVISION ORDINANCE TO REQUIRE A TWO-STEP
CONDITIONAL USE REZONING PROCESS

At the December 6, 2004 Board of Commissioners meeting, the Board held a public hearing on a proposed ordinance to require a two-step conditional use rezoning process. Following the hearing, the issue was referred to the Growth, Land Use and Environment (GLUE) Committee for further study.

Mr. Keith Lankford, Wake County Planning Department, reported that the Growth, Land Use and Environment Committee met December 21, 2004 to consider the amendment. The Committee unanimously recommended the amendment with the following changes:

1. Removal of all references to a quasi-judicial process for Conditional Use Permits.
2. The appeals process was changed so that appeals of a Conditional Use Permit decision by the Planning Board will be heard by the Board of Commissioners instead of the Superior Court.

Upon motion of Commissioner Gurley, seconded by Commissioner Jeffreys, the Board unanimously approved an amendment to the Wake County Zoning Ordinance to require a two-step conditional use rezoning process. (Commissioners Ward and Webb were not present for this vote.)
A RESOLUTION INTRODUCING AN ORDINANCE
AMENDING THE WAKE COUNTY ZONING ORDINANCE
TO REQUIRE A TWO-STEP CONDITIONAL USE PROCESS

WHEREAS, Wake County deems it desirable to adopt a two-step conditional zoning process;

WHEREAS, the Board of Commissioners, as the legislative body, decides rezoning petitions;

AN ORDINANCE
AMENDING THE WAKE COUNTY ZONING ORDINANCE
TO REQUIRE A TWO-STEP CONDITIONAL USE PROCESS
SECTION I

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

ADD a new Section 1-1-5.1 as underlined.

SECTION 1-1- 5.1 PLANNING BOARD

(A) [BOARD ESTABLISHED]
(B) [RULES OF PROCEDURE]
(C) [CONDITIONAL USE PERMITS]

Type of Permit Required for Proposed Land Uses


Conditional Use Permits

1. All industrial uses
2. Multi-family residential developments
3. Planned Unit Developments (PUDs)
4. Mixed-use developments (commercial and residential)
5. Residential uses proposed adjacent to existing industrial or heavy commercial uses
6. Schools
7. School additions or renovations that are greater than 50 % of the existing building(s) in size
8. Churches greater than 2,500 square in floor area
9. Accessory uses to residential subdivisions where they are open to the public
10. Group homes
11. Major utility facilities (power plants, sub-stations, water or sewage treatment plants, water towers greater than 35 feet tall, etc….)
12. Airports, airfields
13. Public facilities such as fire stations, EMS stations, law enforcement facilities, prisons, libraries, etc…
14. Daycare centers
15. Service uses greater than 2,500 square feet in floor area (includes health care)
16. Commercial uses greater than 2,500 square feet in floor area
17. Office uses greater than 2,500 square feet in floor area
18. Commercial establishments of any size that have gas sales or drive-thru windows
19. Restaurants
20. Special events
21. Telecommunication, radio and television towers
22. Active recreation facilities or developed parks
23. Kennels or veterinary offices
24. Wholesale, warehouse, storage
25. Hotels/motels
26. Amusements, theaters, night clubs
27. Sexually oriented businesses
28. Cemeteries
29. Automotive sales, service/repair shops
30. Any specific use not listed under General Use Permits


General Use Permits
1. Accessory uses to residential subdivisions where they are not open to the public
2. Service uses less than or equal to 2,500 square feet in floor area (includes health care) (does not include automotive)
3. Commercial uses less than or equal to 2,500 square feet in floor area
4. Office use less than or equal to 2,500 square feet in floor area
5. Churches less than or equal to 2,500 square feet
6. Water towers less than or equal to 35 feet tall
7. Passive recreation facilities or parks
8. Bed and breakfast, rooming house
9. Home occupations
10. Daycare homes, family care homes
11. Co-locations of telecommunication equipment on existing towers or other existing structures


(D) [PROCEDURES]



(E) [RECORDS]

(F) [QUORUM, MINUTES, VOTING]
(G) [APPEAL TO SUPERIOR COURT (Variances and Appeals)]


REPEAL the existing Sections 1-1-7(D)(2)(b)&(c) as shown struck through.
(D) CONTENT OF PETITION

(D) CONTENT OF PETITION

(2) Petitions for Rezoning to a Conditional Use District

(b) Proposed Rezoning Conditions
Add a new Section 1-1-11.1 as underlined: SECTION 1-1-11.1 CONDITIONAL USE PERMITS


(A) PURPOSE
(B) GENERAL

Any use or development designated by applicable zoning district regulations as a Conditional Use Permit, or as allowed only pursuant to a Conditional Use Permit in the table, Type of Permit Required for Proposed Land Uses (see Section 1-1-5.1), may be established in that district only after the use or development is authorized by a validly issued and recorded Conditional Use Permit. A Conditional Use Permit authorizes its holder to use or develop a particular parcel of land in a particular way, as specified by the Permit’s terms and conditions. A Conditional Use Permit imposes on its holder the responsibility of ensuring that the authorized use or development continues to comply with the Permit’s terms and conditions as long as the Permit remains valid. Issuance of a Conditional Use Permit does not relieve the Permit holder of the additional responsibility of obtaining a building permit or any other permit or approval required by any other applicable law.

(C) REQUIRED CONCLUSIONS


Considerations:

(D) PROCEDURES FOR REVIEWING CONDITIONAL USE PETITIONS

(1) Quasi-Judicial Nature of the Review Process

(2) Pre-Petition Conference

(3) Petition Submittal and Acceptance
(b) Acceptance of Petition
(4) Staff Review

(5) Hearing Required


(7) Submittal of Petition to Board


(9) Board Review and Decision

(10) Opportunity to Revise Petition


(11) Withdrawal of Petition


(12) Timely Review of Petitions


(E) NOTICE OF DECISION AND ISSUANCE OF CONDITIONAL USE PERMIT


(F) APPEAL OF DECISION

(G) WAITING PERIOD FOR SUBSEQUENT PETITIONS


(H) FINAL PLANS

(1) Final Plan Approval Required

(2) Plan Modifications


(I) VALIDITY OF PERMIT


(2) Time Limits and Extensions



(3) Abandonment of Permit

(4) Cessation of Use

(5) Revocation of Permit
SECTION II

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ORDINANCE AMENDMENT TO AMEND THE CURRENT WAKE COUNTY
ZONING AND SUBDIVISION ORDINANCES TO CREATE A
THIRD SUBDIVISION DESIGN OPTION, OPEN SPACE SUBDIVISION

At the December 6, 2004 Board of Commissioners meeting, the Board held a public hearing on a proposed amendment to the current Wake County Zoning and Subdivision Ordinances to create a third subdivision design option, Open Space Subdivision. Following the public hearing, the issue was referred to the Growth, Land Use and Environment (GLUE) Committee of the Board of Commissioners for further study. The Committee met December 21, 2004, and unanimously recommended approval of the proposed amendment with lot design standards for minimum lot widths and definitions for open space.

Commissioner Gurley, Chairman of the GLUE Committee, commented on the discussions in Committee and called on Andrew Meadwell of the Wake County Planning Department to give an overview of the proposed amendment and the recommendations from Committee.

Upon motion of Commissioner Gurley, seconded by Commissioner Council, the Board unanimously approved an amendment to the Wake County Zoning and Subdivision Ordinances to create a third subdivision design option, open space subdivision.

A RESOLUTION INTRODUCING AN ORDINANCE AMENDING THE WAKE COUNTY
ZONING AND SUBDIVISION ORDINANCES TO CREATE A THIRD SUBDIVISION
DESIGN ALTERNATIVE, OPEN SPACE SUBDIVISIONS

WHEREAS, the intent of Open Space Subdivision is to encourage subdivision design that is more efficient and provides greater protection of open space and natural resources than conventional subdivision plans;

WHEREAS, an Open Space Subdivision design would allow more compact and less costly network of roads and utilities, the preservation of greater amounts of open space for the conservation of natural and historical resources and environmentally sensitive areas, and for the provision of additional recreational opportunities;

WHEREAS, the priority use of open space is for the conservation and protection of natural and historical resources and environmentally sensitive areas;

WHEREAS, the Open Space Subdivision design option will improve the health, safety, and general welfare of Wake County Residents;

WHEREAS, the Planning Board held a public meeting on November 17, 2004;

WHEREAS, the Board of Commissioners held a duly advertised public hearing on December 6, 2004 to consider the proposed amendment;

NOW, THEREFORE, BE IT ORDAINED BY THE WAKE COUNTY BOARD OF COMMISSIONERS:
AN ORDINANCE
Amending the Wake County ZONING AND Subdivision Ordinances
to establish Open Space Subdivisions.

SECTION I

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

A. AMEND Section 3-4-1 Alternative Subdivision Designs, as follows, adding the underlined text and removing the strikethrough (strikethrough) text:

B. AMEND Section 3-4-3 Cluster Subdivisions, as follows, adding the underlined text and removing the strikethrough (strikethrough) text:

Section 3-4-3 Cluster and Open Space Subdivisions

A) Purpose

Footnotes for Table 1 Lot Design Standards

1. Minimum lot width shall be met for a depth of at least 30 feet measured along lines parallel to the lot’s road frontage and located interior of the minimum front yard depth applicable to the lot and in the front two-thirds (2/3) of the lot’s depth. [Amended 4/21/97 to substitute for formula width variation fronting curved roads (O-97/16)]
2. For lots to be devoted to central uses; for lots to be devoted to auxiliary uses, see Section 1-1-36(E) of Zoning Ordinance.
3. Cluster subdivision standards not applicable due to nature of zoning district (see Section 1-1-36, 1-1-40, or 1-1-47 of Zoning Ordinance).
4. For lots in which more than 50% of floor area is to be devoted to residential uses; none for other lots (see Section 1-1-38(I)(2) of Zoning Ordinance).
5. Cluster subdivision standards not applicable (district has no density standards).
6. For lots to be devoted to general uses; for lots to be devoted to special uses, see Section 1-1-41(D)(1), (2) of Zoning Ordinance.
7. See Section 1-1-47(H)(2),(4)(14) of Zoning Ordinance.

For Open Space Subdivisions, which utilize community water and wastewater systems, the following minimum lot standards in Table 3 shall apply:

Table 3 Lot Design Standards


(E) F Open Space (2) Open Space Use, Location, and Design Use, Location, and Design

(a) Open space shall be dedicated or reserved for one or more of the following uses:

(G) Potential Future Development Sites

(2) Development Restrictions (H) Open Space Maintenance Maintenance (I) Cluster and Open Space Subdivisions in Water Supply Watersheds
D. AMEND Section 3-4-8(D)(9)(a)(2) Cul de Sac Roads as follows, adding the underlined text and removing the strikethrough (strikethrough)
text.


E. Amend Section 3-4-14 (C) (1) Forms of Contribution-Where Required or Allowed as follows, adding the underlined text and removing the
strikethrough (strikethrough) text:

(1) Dedication of Land

Section II

The Wake County Code of Ordinances (Zoning Ordinance), Article 1 (General Provisions):

A. AMEND Section 1-1-1 Definitions the definition of cluster subdivision as follows, adding the underlined text and removing the strikethrough (strikethrough) text:

Active Open Space: Open space reserved for active recreation, such as a park that includes ball fields.

Greenway: Linear open space that is established along corridor that can be used for connectivity (trails) or water quality protection.

Open Space: Areas of publicly or privately owned natural area that is protected for natural and cultural resources.

Passive Open Space: Open space where activity is limited due to the sensitivity of the natural resources on the site; low impact trails are allowed; does not include typical park facilities such as sports fields, but restrooms, benches, water fountains, etc. are usually provided.


B. Amend Section 1-1-31(F) Water Supply Watershed Buffers — Density And Impervious Surface Calculations, as follows, adding the underlined text and removing the strikethrough (strikethrough) text:

1. The land area within conservation easements or reserve conservation parcels shall be included in
the calculation of the allowable density for Cluster and Open Space Subdivisions.

C. AMEND Section 1-1-37 Residential Districts, Part (C), Permitted General Uses, as follows, adding the underlined text and removing the strikethrough (strikethrough) text:

(18) Golf courses located on an open space parcel reserved or dedicated for active recreation on a record plat for a Cluster or Open Space Subdivision, except in water supply watersheds (See Section 1-1-37(E.6)(1)). No direct glare from lights shall be visible at any adjoining property lines. [Added 11/6/00 O-00-32)]

(19) Swimming and tennis clubs and facilities located on an open space parcel reserved or dedicated for active recreation on a record plat for a Cluster or Open Space subdivision. No direct glare from lights shall be visible at any adjoining property lines. [Added 11/6/00 O-00-32)]

D. AMEND Section 1-1-37 Residential Districts, Part (F), Yard Standards for Single-Family Detached and Duplex Dwellings, as follows, adding the underlined text and removing the strikethrough (strikethrough) text and adding Table 2 Yard Depth Standards for Cluster and Open Space Developments:


E. AMEND Section 1-1-37 Residential Districts, Part (O), Impervious Surface Coverage, as follows, adding the underlined text and removing the strikethrough (strikethrough) text:
F. AMEND Section 1-1-38-(I)(7) Business Districts, Yard and Space Requirements, as follows, adding the underlined text and removing the strikethrough (strikethrough) text:

G. AMEND Section 1-1-41-D(6)(a) Construction and Operation Standards Impervious Surface Coverage, as follows, adding the underlined text and removing the strikethrough (strikethrough) text:
H. AMEND Section 1-1-43 Office and Institutional District, Part (J), Minimum Yard Standards, as follows, adding the underlined text and removing the strikethrough (strikethrough) text:

I. AMEND Section 1-1-45 Special Highway District, III Construction and Operation Standards, Part (C), Lot Coverage, as follows, adding the underlined text and removing the strikethrough (strikethrough) text:
J. AMEND Section 1-1-45 Special Highway District, III Construction and Operation Standards, Part (D), Yards (1) Reduced Yards Standards in Cluster Subdivisions, as follows, adding the underlined text and removing the strikethrough (strikethrough) text:
K. AMEND Section 1-1-49 Water Supply II Overlay District, Part (C), Development Standards, (1) Density and Impervious Surface Requirements, as follows, adding the underlined text and removing the strikethrough (strikethrough) text:

L. AMEND Section 1-1-50 Watershed Critical Area Overlay District, Part (C), Development Standards, (1) Density and Impervious Surface Requirements, as follows, adding the underlined text and removing the strikethrough (strikethrough) text:

M. AMEND Section 1-1-51 Watershed Management Area Overlay District, Part (C), Development Standards, (1) Density and Impervious Surface Requirements, as follows, adding the underlined text and removing the strikethrough (strikethrough) text:

N. AMEND Section 1-1-52 Watershed Protected Area Overlay District, Part (C), Development Standards, -(1) Density and Impervious Surface Requirements, as follows, adding the underlined text and removing the strikethrough (strikethrough) text:

O. AMEND Section 1-1-53 Watershed Protected Area Overlay II District, Part (C), Development Standards, (1) Density and Impervious Surface Requirements, as follows, adding the underlined text and removing the strikethrough (strikethrough) text:

Section III
***********************
FEDERAL AVIATION ADMINISTRATION GRANT OFFER
TO REPAIR JET BRIDGE A-26

Wake County, along with the City of Raleigh, Durham County and the City of Durham, are required to accept grant offers made by the Federal Aviation Administration under the Airport Improvement Program. The grant offer, expected to be in the amount of $10,000 is for repairing Jet Bridge A-26 which sustained storm damage on September 17, 2004.

Upon motion of Commissioner Council, seconded by Commissioner Webb, the Board unanimously approved the acceptance of the grant offer from the Federal Aviation Administration to repair jet bridge A-26, Raleigh Durham International Airport.
***********************

FUNDING STRATEGIES FOR SCHOOLS CAPITAL
PLAN 2004 AND MODULAR CLASSROOMS

Chairman Bryan recognized the County Manager to present an overview of the options for funding Plan 2004 and Modular Classrooms. He stated that at the last joint meeting of the Board of Commissioners and Board of Education, there was discussion of the assumptions and strategies to look fund Plan 2004 and modular classrooms, by looking at funding needs of Plan 2004 of $48.7 million and modular classroom solution re capacity of $14.4 million, and that the general public be made aware of the assumptions used in preparing the options.

Before presenting the options, the County Manager outlined the following assumptions:

1. The amount of funding needed is $63.1 million: $48.7 million for Plan 2004 and $14.4 million for modular classrooms.
2. Dedicated revenue stream for the capital program remains at 16.5 cents of the property tax rate; and total county tax rate remains at 60.4 cents.
3. Ratios are maintained for debt service fund balance (no lower than 19%) and debt to cash (80%/20%).
4. Additional savings from Plan 2000 and Phase IIIB will be available.
5. Funds are now available to meet project schedules for Plan 2004 and modular classrooms. Additional funding will need to be in place late fiscal year 2006 or early fiscal year 2007.

The options presented:

1. Continue to identify savings in Plan 2000 and Phase IIIB.
2. Accelerate the appropriation of approximately $20 million in the Public Schools Capital Fund fund balance from fiscal year 2009 to fiscal year 2006. As a result this funding will not be available in fiscal year 2009.
3. Issue commercial paper in late fiscal year 2006 or early fiscal year 2007 for all authorized unissued general obligation bonds ($309 million). This will create short-term debt capacity and/or cash in the range of $30 to $50 million.
4. Eliminate or postpone $63 million in other county projects during the time period fiscal years 2006 through 2009.

Following discussion of the options as presented, Commissioner Council moved approval of 1) a one-time transfer of $20 million in capital funds from fiscal year 2009 to fiscal year 2006 capital budget, and 2) to use the commercial paper option to fund the School System’s short-term needs of $63.1 million; and that in implementing these strategies in the upcoming year, staff continue its work without eliminating or postponing other County projects.

The motion was seconded by Commissioner Gardner and upon vote, the motion passed. Commissioners Bryan, Council, Gardner, Gurley, Ward and Webb voted aye; Commissioner Jeffreys voted nay.
***********************
REQUEST FROM THE WAKE COUNTY BOARD OF EDUCATION
TO APPROPRIATE PLAN 2004 FUNDS FOR
MOBILE/MODULAR CLASSROOMS

The Wake County Board of Education, at its November 22, 2004 meeting, approved a resolution requesting $8,546,749 of funding for mobile/modular classrooms to meet anticipated needs for fall 2005.

The Board of Commissioners received this request at its December 6, 2004 meeting, and there have been joint discussions between the Commissioners and the School Board since that time.

Following discussion and upon motion of Commissioner Ward, seconded by Commissioner Council, the Board adopted a resolution approving the request from the Wake County Board of Education to appropriate Plan 2004 funds for mobile/modular classrooms. Commissioners Bryan, Council, Gardner, Gurley, Ward and Webb voted aye; Commissioner Jeffreys voted nay, stating that it was his opinion the School System had not looked at all possible options to avoid the costs of using mobile/modular classrooms.

RESOLUTION
APPROVING APPROPRIATION OF PLAN 2004 FUNDING
FOR SCHOOL CAPITAL BUILDING PROJECTS
Project Description
Amount
Modular Solution $8,546,749
Total Plan 2004 Appropriations
$8,546,749
*************************

LAND ACQUISITION FOR ELEMENTARY SCHOOLS
IN THE CITY OF RALEIGH AND TOWN OF ZEBULON

Pursuant 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. The Board of Education at its December 20, 2004 meeting, approved resolutions to acquire 1) approximately 20 acres of land in Raleigh at a price of $1,600,000 for elementary schools E-9 and E-12, and 2) approximately 33 acres of land in Zebulon at a price of $529,000 for elementary schools E-15 and potentially a second school on the property.

Mr. Clint Jobe of the Wake County Public School System reported that due to the need for more seats and the large development projects in the area, the Wakefield Park project is being reviewed to site more than a single facility, E9 and E12, and that the Zebulon site is being master-planned for maximum use of the tract, possibly a second school and a community park.

The Commissioners received the information as presented. With no outstanding questions, this item will be placed on the February 7, 2005, consent agenda.
***********************
MULTI-CULTURAL CENTER STUDY FUNDING REQUEST

The City of Raleigh initiated a feasibility study to determine whether the missions, goals and programs of the African-American Cultural Center, the Pope House and the Martin Luther King, Jr. Center could be better served by coordination in a common facility. The City estimates that the study will cost $30,000 and has requested that the County partner by contributing $15,000.

Upon motion of Commissioner Ward, seconded by Commissioner Webb, the Board unanimously approved the request from the City of Raleigh to contribute $15,000 to partner in the multi-cultural center study.
***********************

RECEIVING OF PUBLIC COMMENTS AND ACTION ON A
NORTH CAROLINA PARKS AND RECREATION TRUST FUND
GRANT APPLICATION TO OFFSET COST OF BOARD APPROVED
SURRY ROBERTS PROPERTY ACQUISITION

At the December 6, 2004 Board of Commissioners meeting, the Board approved the acquisition of approximately 86.13 acres of land along the Little River Open Space Corridor from Dr. Surry Roberts for the purchase price of $794,052 ($9,000 per acre) for the purpose of open space preservation and water quality protection. Since that time staff has located a possible funding source from the NC Parks and Recreation Trust Fund. Should Wake County receive an award under the competitive grant process, PARTF will fund up to 50 percent of the land acquisition. PARTF will also fund a portion of the incidental costs associated with the property acquisition (appraisals, survey, title work, and closing costs).

The grant application indicates a total project cost of approximately $810,052 of which the County is seeking an estimated $405,026 in grant funding. The final grant amount requested will be based upon an average of two appraisals and a survey to more accurately determine the acreage to be acquired. The second appraisal and survey are currently being prepared and will be completed prior to submitting the final grant application prior to the January 31 deadline. Wake County is committing itself to providing a 50 percent match for this grant in the amount of approximately $405,026.

The Board is requested to ask for public comments prior to taking action on this item.

The Chairman announced that anyone desiring to comment would be heard at this time.

With no comments being offered, Commissioner Ward moved that the Chairman of the Board of Commissioners be authorized to sign the application’s 2004-2005 Basic Facts and Assurances document. Commissioner Gardner seconded the motion and upon vote the motion passed unanimously.
***********************

BOARD OF COMMISSIONERS’ RETREAT AGENDA

The Board of Commissioners will hold its annual retreat February 4-5, 2005. Upon motion of Commissioner Ward, seconded by Commissioner Webb, the Board unanimously adopted the agenda for the 2005 Board of Commissioners’ Retreat. Friday, February 4, 2005
WakeMed Hospital, Raleigh Campus: 3000 New Bern Avenue, Raleigh 9:00 a.m.

10:00 a.m. - Overview of the Retreat - Goals of the retreat

10:15 a.m. - Policy Reassessment and Review
Noon - Lunch

1:00 p.m.- Board of Commissioners’ Goals December 2004-December 2005
3:15 p.m. - Break

3:30 p.m. - Discussion of the Future/Vision of Wake Medical Center
5:00 p.m. - Adjourn for the Day

Saturday, February 5, 2005
Wake County Blue Jay Point Park, 3200 Pleasant Union Church Road, Raleigh

8:00 a.m. - Continental Breakfast

8:30 a.m. - Financial Model Update and Discussion of FY2005-06
Noon - Adjourn
***********************

COMMITTEE REPORTS

Commissioner Ward commented on the North Carolina Association of County Commissioners’ Legislative Goals Conference in High Point (Guilford County). She reported that there was lively discussion of the issues and that the Association’s three goals, previously endorsed by this Board, were approved to be forwarded to the General Assembly.
***********************

MID-EASTERN ATHLETIC CONFERENCE
BASKETBALL TOURNAMENT FOR 2006-2008

Deputy County Manager Joe Durham was recognized to comment on the request from the City of Raleigh for the County’s participation to bring the Mid-Eastern Athletic Conference Basketball Tournament to Wake County. Mr. Durham reported that the bid process was reopened to allow Raleigh-Wake County to develop a proposal, which is due Friday, January 21. MEAC, Division I NCAA, is composed of eleven historically black colleges and universities from Maryland to Florida, and offers much potential in the next three to six years, however staff is still in the process of gathering critical information and the economic impact to the area.

There was much discussion about extending the time frame to five years, as well as contacting the Town of Cary, City of Durham and Durham County about their interest in partnering to bring the Tournament to this area.

Upon motion of Commissioner Webb, seconded by Commissioner Gardner, the Board unanimously approved that staff be directed to gather additional information and to relay that information to each Commissioner; and that in order to meet the January 21 deadline, the County Manager be authorized to submit a proposal in partnership with the City of Raleigh to bring the MEAC Basketball Tournament to Wake County, subject to final approval by the Board of Commissioners.
***********************
CLOSED SESSION

Commissioner Council moved to go into closed session regarding the terms and conditions of contracts to purchase the following parcels of real property for the Little River Reservoir Project: 1) a parcel of approximately one acre from Marny Perry, 2) a parcel of approximately six acres from George M. and Betty B. Ray, 3) a parcel of approximately 2.5 acres from James C. and Teresa C. Cutchins, 4) a parcel of approximately 75 acres from H. Franklin Eddins, 5) a parcel of approximately 10 acres from Alvester Perry, 6) a parcel of approximately 18 acres from J.L. Perry, 7) a parcel of approximately 64 acres from Jimmy W. and Sonny M. Perry Jr., 8) approximately 36 acres from Rex Tippett; and 9) approximately
4.13 acres from W. G. Parker for an easement area for an open space preservation project.

The motion was seconded by Commissioner Webb and was unanimously approved.

Following the business in closed session, Chairman Bryan called the meeting back into regular session.
***********************

Upon motion of Commissioner Gurley, seconded by Commissioner Jeffreys, the Board unanimously approved adoption of resolutions authorizing the condemnation to acquire the following properties for the development of the Little River Reservoir Project. (Commissioners Council and Webb were not present for the vote.)
RESOLUTION
AUTHORIZING CONDEMNATION TO ACQUIRE
CERTAIN PROPERTY OF JAMES C. CUTCHINS, JR., ET AL.
_____________________

RESOLUTION
AUTHORIZING CONDEMNATION TO ACQUIRE
CERTAIN PROPERTY OF H. FRANKLIN EDDINS, ET. AL.
______________________
RESOLUTION
AUTHORIZING CONDEMNATION TO ACQUIRE
CERTAIN PROPERTY OF ALVESTER H. PERRY, ET. AL.

________________________
RESOLUTION AUTHORIZING CONDEMNATION
TO ACQUIRE CERTAIN PROPERTY OF J. L. PERRY, ET. AL.
_________________________


RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE
CERTAIN PROPERTY OF JIMMY W. PERRY AND SONNY M. PERRY, JR., ET. AL

__________________________
RESOLUTION AUTHORIZING CONDEMNATION
TO ACQUIRE CERTAIN PROPERTY OF JIMMY REX BRAGG TIPPETT, ET. AL.
*************************

ACQUISITION OF PROPERTY
LITTLE RIVER RESERVOIR PROJECT AND
OPEN SPACE LOWERY CREEK PRESERVATION

Upon motion of Commissioner Ward, seconded by Commissioner Gardner, the Board unanimously approved that staff be authorized to proceed with the following acquisitions to support the development of the Little River Reservoir Project and the Open Space Lowery Creek Preservation, and that the County Manager be authorized to execute contracts on behalf of Wake County for the purchase of said properties:


Little River Reservoir Project
Open Space Lowery Creek Preservation Project
*************************
There being no further business to come before the Board at this time, the Chairman adjourned the meeting at 6:50 p.m. upon the motion of Commissioner Ward, seconded by Commissioner Gardner and the unanimous vote of the Board.
*************************
Respectfully submitted:
Clerk to the Board