Close CloseResponse Response

    Minutes of 04-17-2006 Board of Commissioners' Meeting (adopted)
WAKE COUNTY BOARD OF COMMISSIONERS
MINUTES
April 17, 2006

The Wake County Board of Commissioners met in regular session Monday, April 17, 2006, at 2:00 p.m. in the Commissioners’ Meeting Room, 7th Floor, Wake County Courthouse, Raleigh, North Carolina. Members present were Commissioners Joe Bryan, Herbert H. Council, Kenneth M. Gardner, Phil Jeffreys, Betty Lou Ward, Harold H. Webb
and Chairman Tony C. Gurley.
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 Gurley called the meeting to order.
*****************

PLEDGE OF ALLEGIANCE

******************

INVOCATION

Commissioner Council offered the invocation.

*****************

APPROVAL OF AGENDA

Upon motion of Commissioner Gardner, seconded by Commissioner Webb, the Board unanimously approved the agenda as printed.
******************

APPROVAL OF MINUTES

Upon motion of Commissioner Ward, seconded by Commissioner Council, the Board unanimously approved the minutes of April 3, 2006.
******************

RECOGNITION OF WAKE COUNTY SHERIFF’S OFFICE
SPECIAL RESPONSE TEAM

Chairman Gurley recognized Sheriff Donnie Harrison to comment on the Sheriff’s Office Special Response Team (SRT). In reporting on the activities of the team, the Sheriff indicated that the eight-member team was created as a specialized unit for deployment to high-risk and critical incident situations, as well as other specialized law enforcement tasks.

The Special Response Team has participated in statewide and international competitions to test their abilities against some of the best units in North Carolina and the United States. On Thursday, March 30, 2006, the Wake County Sheriff's Office SRT placed 7th in the 2006 World SWAT Challenge in Little Rock, Arkansas, competing against 21 other teams from around the world. On Wednesday, April 12, 2006, this same Wake County team placed 1st in the North Carolina SWAT team Competition in Salemburg, NC. This was the second year in a row that the team won first place. Both competitions are designed to challenge the fitness, motivation, tactical and weapons skills of the top SWAT teams.

Members of the team are Lt. Bob Windsor, Sgt. Chris Newton, Todd Sedell, John Ball, Ronnie Byrd, Steve Brooks, Jim Landmark and Brian Saunders.

The Commissioners greeted and congratulated each of the team members on placing first in the North Carolina SWAT team competition and seventh in the 2006 World SWAT Challenge.
******************
WAKE COUNTY GOVERNMENT
EMPLOYEE APPRECIATION WEEK

The week of April 23-29, 2006, is National Local Government Week. Staff has requested that the Board adopt a resolution proclaiming April 23-29, 2006 as Wake County Government Employee Appreciation Week.

Chairman Gurley read aloud the resolution and upon motion of Commissioner Webb, seconded by Commissioner Gardner, the Board unanimously approved the adoption of the resolution as read. The Chairman then signed the resolution to be displayed throughout the County during the week of April 23-29, 2006.
PROCLAMATION - TO PROCLAIM APRIL 23-29, 2006, AS
WAKE COUNTY GOVERNMENT EMPLOYEE APPRECIATION WEEK

******************

PRESENTATION ON THE OPENING OF
HISTORIC YATES MILL COUNTY PARK

Chairman Gurley recognized Rebecca Cope, Yates Mill Park Manager along with Dr. John Vandenbergh of Yates Mill Associates, for a presentation on the opening of Historic Yates Mill County Park.

Ms. Cope started the presentation with an historical overview of Yates Mill, stating that the vision to restore the mill was formed in the late 1950s. The mill is the last of approximately forty mills that at one time operated in Wake County during the 18th and 19th centuries. The site was purchased by North Carolina State University in 1963. Yates Mill Associates was formed in 1989 and has worked on the mill’s restoration ever since.

The idea of a county park with the historic mill as its centerpiece was formed in 1996, when a 60-person planning committee created the park master plan in partnership with the County, Yates Mill Associates, North Carolina State University and the North Carolina Department of Agriculture & Consumer Services.

The park boasts 574 acres of land, including the 20-acre millpond, which is part of the Swift Creek nutrient-sensitive water-supply watershed. The park is being managed as a wildlife refuge. It also serves as a research facility for NC State’s College of Agriculture and Life Sciences.

Park facilities include the restored gristmill, the Finley Center (with classrooms, auditorium, resource/conference room, among other facilities), and permanent exhibits on the park’s cultural and natural history. Park grounds support several miles of hiking trails, pond and wetlands boardwalks (fishing will be allowed in the park only from these two boardwalks), a field classroom, an overlook deck, fixed dock, picnic tables (which are available to the public on a first come, first serve basis), native landscaping, wildlife habitat enhancement features, and best management practice demonstration areas.

Historic Yates Mill County Park will open to the public on the weekend of May 20-21, 2006. Grand opening events are scheduled from 10am-4pm both days, including corn-grinding demonstrations by costumed interpreters, mill stories and park history presentations, old time music, exhibits, and more.

Beginning May 20, the park will be open 7 days per week, 8am to Sunset, 361 days per year (it will be closed on Thanksgiving Day, Christmas Eve, Christmas Day, and New Year’s Day). The Finley Center will be open 7 days per week from 9am to 5pm. Historic Yates Mill (circa 1756) will be open for corn-grinding demonstrations on the third weekend of each month through November.

The Commissioners received the information on Historic Yates Mill County Park, as presented.
******************

STATUS REPORT ON EMS RESPONSE TIME PERFORMANCE
AT RALEIGH-DURHAM AIRPORT

In the FY 07 budget adopted by the Board of Commissioners, provision was made for changes in deployment of EMS units in the RDU area. The Board of Commissioners asked that staff report back to the Board on the actual response time performance at RDU. The changes were based on an analysis of the performance of EMS 6 (a 24-hour EMS unit housed at an RDU facility), which demonstrated significant under-utilization of EMS 6, the need for a “peak-load” EMS unit closer to the growing Brier Creek area, and availability of adjacent EMS units, particularly the Cary EMS ambulance housed at Morrisville Fire Station 2.
The following changes were undertaken: Dr. Brent Myers, Wake EMS Medical Director, reported that the Board of Commissioners and RDU officials were told that these changes could be made while delivering a time-of-911-call-to-arrival-of-ambulance response time of less than 12 minutes for 90% of medical-emergency responses to RDU. The changes were implemented starting in October 2005. Calls at the Airport number 20/30 per month. Dr. Myers further reported that EMS staff members have become familiar with Airport geography and the trend is in the right direction.

RDU and County staffs will continue to monitor the response-time performance at RDU and report back to the Board of Commissioners on an as-needed basis.

The Commissioners received the information as presented.
*****************
ENCROACHMENT AGREEMENT WITH THE TOWN OF MORRISVILLE
FOR PHASE II, RTP SOUTH WASTEWATER CONVEYANCE FACILITIES

August 2005, Wake County and the Town of Morrisville entered into a partnership agreement for the joint funding and construction of wastewater conveyance facilities to serve both the undeveloped sites of the Wake County portion of Research Triangle Park (RTP South) and the Town of Morrisville Northwest Service Area adjacent to RTP. This agreement provides for the construction of the majority of wastewater infrastructure needed to serve the remaining undeveloped sites in RTP South. The wastewater conveyance facilities to be constructed under this agreement are being funded and built in phases. Phase 1A was recently completed. Construction of Phase 1B is planned to start in June of this year and Phase II is scheduled for construction during 2007. Upon completion of the above Phases, two minor projects consisting of approximately 2000 feet of sewerline will remain to provide service to Sites 28 and 31.

As a part of the agreement with the Town of Morrisville and the agreement between the Town of Cary, Research Triangle Foundation and Wake County executed in 2003, the County will own the facilities constructed within RTP South. Further, all easements within the boundaries of RTP South will be conveyed from the Research Triangle Foundation to Wake County.

The Town of Morrisville has requested permission to proceed with construction of a portion of the Phase II project consisting of approximately 1000 feet of sewer line. The construction of this segment of the project will be the responsibility of, and fully funded by, the Town and is needed to serve an area within the Town's jurisdiction. This segment of line crosses a portion of a lake located in RTP South. The water level in this lake is currently lowered to accommodate the construction of I-540. The construction of this segment now, while the lake level is low, will result in a cost savings and avoid future construction difficulties. Due to the fact that this segment of sewer line is located within RTP South and the easement will be in the name of Wake County, it is necessary for the County and Town of Morrisville to enter into an encroachment agreement to provide for this work.

Upon motion of Commissioner Gardner, seconded by Commissioner Council, the Board unanimously approved the entering into an encroachment agreement with the Town of Morrisville to allow their use of a Wake County sewer easement for a portion of the Phase II RTP South Wastewater Conveyance Facilities; and authorized the County Manager to execute the Encroachment Agreement on behalf of Wake County.
******************

WAKE COUNTY DAY REPORTING CENTER
FY 2007 GRANT APPLICATION AND CONTRACT AMENDMENTS

At its March 20, 2006 Board of Commissioners meeting, the Board approved an application for a North Carolina Department of Corrections’ Criminal Justice Partnership Program (CJPP) grant of $340,203. On March 29, 2006, CJPP advised the County that available funding had been increased to $353,048 and asked that the application approved by the Board on March 20 be revised and re-submitted, reflecting this new grant amount. This amendment requires, in turn, the same change in Wake County’s agreement with Carolina Correctional Services, Inc. for management and operation of the Center in FY 2007.

Upon motion of Commissioner Webb, seconded by Commissioner Jeffreys, the Board unanimously approved the amended application for the FY2007 Criminal Justice Partnership Program grant funding for Wake Day Reporting Center (for submittal on Wake County’s behalf by Carolina Correctional Services, Inc.), and the amended agreement with Carolina Correctional Services, Inc., for management and operation of the Wake Day Reporting Center in FY 2007.
******************

DEPARTMENT OF HOMELAND SECURITY
CRITICAL INFRASTRUCTURE PROTECTION PROGRAM GRANT

The Department of Homeland Security (DHS) created the FY2003 State Homeland Security Grant Program and dedicated part of the funds for this program for protection of critical infrastructure. The North Carolina Department of Crime Control and Public Safety
(CCPS) established a statewide list of eligible sites. Ten sites have been identified in Wake County for this round of DHS CIP funding:
Alltell Pavilion at Walnut Creek Harris Nuclear Power Plant
Carter Finley Stadium Progress Energy Control Center
Cary Towne Center Progress Energy Switch Yard
Crabtree Valley Mall RBC Center
Dixie Pipeline Triangle Town Center

The law enforcement agencies with responsibility for these sites are:

Cary Police Department
NCSU Public Safety
Raleigh Police Department
Wake County Sheriff’s Office

On March 13, 2006, the CCPS Division of Emergency Management invited Wake County to accept a grant award of $500,000 for equipment eligible for DHS grant funding. Wake County acquires the equipment, turns it over to the appropriate law enforcement agency or provides for delivery to the affected critical-infrastructure site, and is reimbursed by CCPS). The DHS CIP equipment was selected collaboratively by each critical facility’s staff and the law enforcement agency. Wake County Emergency Management will manage grant activities, including budget, procurement of equipment and general administrative requirements.

This grant award will not require matching funds, but equipment acquired by Wake County agencies may require general-fund support for maintenance and operation.

Upon motion of Commissioner Bryan, seconded by Commissioner Ward, the Board unanimously approved the acceptance of the Department of Homeland Security Critical Infrastructure Protection Program Grant via the North Carolina Department of Crime Control and Public Safety in the amount of $500,000, with funds to be appropriated for expenditure in the FY 2007 operating budget; and further authorized the County Manager to sign the accompanying Memorandum of Agreement.
******************
PUBLIC HEARING ON THE ISSUANCE OF REVENUE BONDS
BY THE RALEIGH DURHAM AIRPORT AUTHORITY
Chairman Gurley announced a public hearing to consider the issuance of revenue bonds by the Raleigh-Durham Airport Authority, duly advertised for Monday, April 17, 2006, at 2:00 p.m. in Room 700 of the Wake County Courthouse.

The Chairman recognized Mr. John Brantley of the Raleigh-Durham Airport Authority for introductory remarks. He presented an overview of activities at the Airport—historical, current and proposed—including the new Terminal C project.

Mr. Brantley presented information on the next step of the Terminal C Redevelopment and Expansion Project. He stated that in order to finance the next step the Raleigh-Durham Airport Authority has requested permission to issue $350,000,000 in revenue bonds. Under the requirements of the federal tax laws, the issuance of the bonds is subject to a public hearing and the approval of the County Commissioners.

Chairman Gurley then declared the hearing open and announced that persons desiring to comment on the proposed bond issuance would be heard at this time.

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

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

Upon motion of Commissioner Bryan, seconded the Commissioner Council, the Board unanimously approved the request from the Raleigh-Durham Airport Authority to issue $350,000,000 in revenue bonds.
******************

PUBLIC COMMENTS

The Board of Commissioners desires to hear from the public about the operations and services of Wake County Government. Thus, during regular meetings of the Board at 3:00 p.m., or as soon as possible thereafter, the Commissioners receive comments from the public.

Chairman Gurley recognized the following:

1. Mr. Kent Goddard, 8206 Merriweather Circle, Raleigh (commented on the need for an inpatient psychiatric facility in Wake County)

2. Mr. John Speights, PO Box 12743, Raleigh, NC (brought to the Board’s attention upcoming Memorial Day Holiday events)

3. Mr. Frank Grainger, Reedy Creek Road, Cary (support the hiring of David Miner as the County’s Legislative Lobbyist)

4. Ms. Claudia Rodgers, 304 Wendell Street, Raleigh (oppose the hiring of David Miner as County’s Legislative Lobbyist)

5. Ms. Judy Keener, 3400 Yelverton Circle, Raleigh (oppose the hiring of David Miner as County’s Legislative Lobbyist) 6. Rev. Steve Hickle, 117 Brooks Avenue, Raleigh – Fairmont United Methodist Church (support funding for inpatient psychiatric facility in Wake County) 7. Mr. Keith Weatherly, 1112 Wellstone Circle, Apex (oppose the hiring of David Miner as County’s Legislative Lobbyist)

8. Ms. Chris Farr, 6108 Westglen Drive, Raleigh (questioned the need for a legislative lobbyist and if needed, oppose the hiring of David Miner)

9. Mr. Dave Burton, 109 Black Bear Court, Cary (oppose the hiring of David Miner; questioned the need for lobbyist)

10. Mr. Ken Eudy, 319 East Jones Street, Raleigh (endorsed the hiring of David Miner as Wake’s Legislative Lobbyist) 11. Mr. Mike Phillips, 309 Trimble Avenue, Cary (support the hiring of David Miner as County’s Legislative Lobbyist) 12. Ms. Carolyn Grant, Umstead Forest Drive, Raleigh (support the hiring of David Miner as County’s Legislative Lobbyist)

13. Mr. Brent Barringer, Attorney, Cary (read aloud letter from Mr. Dwayne Long in support of the hiring David Miner as County’s Legislative Lobbyist)

14. Mr. Jim Hobbs, 603 Holden Street, Raleigh (support the hiring of David Miner, encouraged the Board to stand by decision) 15. Mr. Coy Cooke, 1325 Old Watkins Road, Raleigh (Encouraged the Board to work together to make the County look good, the decision has been made to hire the lobbyist)

There being no other names listed on the sign-up sheet or requests from the audience, Chairman Gurley declared the public comment portion of the meeting closed.

It should be noted that during this portion of the meeting, there were comments and discussion about adhering to the Board’s policy on “Procedure for Public Comments” during open meetings, as it relates to the recent hiring of the County’s Legislative Lobbyist.
**********************
Chairman Gurley called for a ten-minute recess.
**********************

CONTINUATION OF PUBLIC HEARING
AMENDMENT TO THE CURRENT HOME OCCUPANTION REGULATIONS
OF THE WAKE COUNTY ZONING ORDINANCE

The Board of Commissioners held a public hearing on April 3, 2006, to consider amending the Wake County Zoning Ordinance to allow more flexibility for small home based businesses. At that time, the issue was referred to the Growth, Land Use and Environment Committee and the hearing continued until today’s meeting.

Chairman Gurley recognized Commissioner Webb for a report from the Growth, Land Use and Environment Committee. Commissioner Webb reported that the Committee met April 3, 2006, and unanimously recommended to the full Board that approval be given to amend the Wake County Zoning Ordinance to allow two commercial vehicles no larger than a standard pick-up truck or sports utility vehicle (SUV); and the Committee confirmed and recommended the allowance of one non-resident employee for the business.

The report of the Growth, Land Use and Environment Committee having been received, Chairman Gurley declared the continuation of 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 proposed amendment.

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

Upon motion of Commissioner Webb, seconded by Commissioner Council, the Board unanimously approved the adoption of an amendment to the current Home Occupation Regulations of the Wake County Zoning Ordinance to allow more flexibility for small home based businesses.
A RESOLUTION INTRODUCING AN ORDINANCE
AMENDING THE HOME OCCUPATION REGULATIONS OF
THE WAKE COUNTY ZONING ORDINANCE

Whereas, the proposed ordinance would amend the Home Occupation regulations of the current Wake County Zoning Ordinance;

WHEREAS, the proposed ordinance would clarify the intent and criteria of Wake County’s home occupation regulations;

Whereas, the proposed ordinance would define and broaden the types of uses that are acceptable as Home Occupations;

WHEREAS, the proposed ordinance would provide more flexibility for the business owner by allowing one (1) non-resident employee;

WHEREAS, the proposed ordinance would allow two (2) commercial vehicles;

WHEREAS, the proposed ordinance would establish a 750 square foot limit on the business operation;

WHEREAS, the proposed ordinance would protect the health, safety and welfare of citizens;

WHEREAS, the Planning Board held a public meeting on January 18, 2006 to discuss the proposed ordinance amendment, and voted 6 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 March 20, 2006 to consider the proposed amendment;

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


AN ORDINANCE TO AMEND
THE CURENT HOME OCCUPATION REGULATIONS OF
THE WAKE COUNTY ZONING ORDINANCE
TO ALLOW MORE FLEXIBILITY FOR SMALL HOME BASED BUSINESSES
SECTION 1
The Wake County Zoning Ordinance is hereby amended by adding the underlined wording and deleting the struck through wording.

Section 1-1-1
Home occupation: An occupation for gain or support conducted entirely and only by members of a family within the primary dwelling a residential buildling, with no more than one (1) person employed who does not reside in the residence. The home occupation shall be clearly incidental and secondary to the use of the property for residential purposes, and provided that no article is sold or offered for sale except such as may be produced in the household by members of the family, and that no display of products shall be visible from the street, and that no accessory building shall be used for such home occupation.

Section 1-1-37(C)(3)
Permitted Customary home occupations include, but are not limited to:

such as dressmaking, sewing and tailoring
painting, sculpturing, photographer and writing
telephone answering service
home crafts, such as weaving, potting and canning
computer programming
music teaching or tutoring of no more than four (4) students at a time
barbershops, preserving, home cooking and laundering, and beauty parlors
tax consultant, real estate agent
lawyers, engineers, architects, accountants, bookkeepers, consultants or like professions
catering






Requirements
A general use permit, which is issued administrativelyCommentary: Any applicant for a
home occupation permit is
by the Planning staff, is required prior to commencing any home occupation. The requirements for a home occupation permit is as follows.advised to consult with their
homeowners association, or
management group, to determine
any private restrictions or
prohibitions regarding home occupations.
The business is to be conducted without any significant adverse impact on the surrounding neighborhood.
That no display of products nor any advertising of any nature shall be visible from the street. No goods, stock-in-trade, or other commodities are to be displayed.
No on-premise retail sales are to be allowed.
Provided that such occupations shall be engaged in only by residents on the premises Only one (1) person may be employed who does not reside in the residence.
The business is to be limited to no more than two (2) commercial vehicles no larger than a standard pick-up truck or sports utility vehicle (SUV)
The business shall not create any objectionable traffic, noise, fumes, odor, dust, or electrical interference.
The home occupation shall not exceed 50% or 750 square feet of a dwelling of the livable portion of the residence, whichever is less.
NO OUTSIDE STORAGE is allowed.
The business cannot be conducted in an accessory building.
All home occupation activities shall be conducted by appointment only.
Comply with State Building and Fire Codes
One wall or ground sign is allowed:
maximum sign area of four (4) square feet per side
maximum wall sign height of eight (8) feet
maximum ground sign height of four (4) feet,
maximum sign width of ten (10) feet
no sign can be located within the right-of-way
no sign can be illuminated
Original (Current) Zoning Ordinance Language from Section 1-1-37:
Customary home occupations, such as dressmaking, music teaching, preserving, home cooking and laundering, and beauty parlors, provided that such occupations shall be engaged in only by residents on the premises, that no more than fifty (50) percent of the floor area of a dwelling shall be used for such occupations, that no display of products nor any advertising of any nature shall be visible from the street except for a single non-illuminated wall or ground sign identifying the home occupation and limited to a maximum sign area of four (4) square feet per side, a maximum wall sign height of eight (8) feet, a maximum ground sign height of four (4) feet, and a maximum sign width of ten (10) feet, and that no accessory buildings shall be used for such home occupations.


Section 1-1-41
NOTE: THE HIGHWAY DISTRICT TABLE IS BEING DELETED AND WILL BE INCORPORATED IN THE UDO PERMISSIBLE USE TABLE

Table A: Uses Permitted in Highway District
Use
No Permit Required
General Use Permit
Special Use Permit

Home occupations such as dressmaking, music teaching, and beauty parlors, provided that: such professions and occupations shall be engaged in only by residents of the premises; no more than fifty (50) percent of the floor area of a dwelling shall be used for such occupations; no display of products nor any advertising, except as specified in Section 1-1-21, shall be visible from the street; and no accessory buildings shall be used for such home occupations X
SECTION II

This ordinance shall become effective immediately upon its adoption, although any application that has been accepted by the Planning Staff as complete may, at the applicant’s discretion, continue to be processed under the existing regulations.

********************









CONTINUATION OF PUBLIC HEARING
ON ORDINANCE AMENDMENT OA 05/13
TO REPEAL THE EXISTING WAKE COUNTY ZONING ORDINANCE
(WITH THE EXCEPTION OF THE HIGHWAY DISTRICT PROVISIONS OF
ARTICLE 1-1-41), REPEAL THE EXISTING PARTIAL WAKE COUNTY UNIFIED DEVELOPMENT ORDINANCE, AND ADOPT THE BALANCE OF
THE UNIFIED DEVELOPMENT ORDINANCE

Chairman Gurley announced the continuation of a public hearing to consider an amendment to the Wake County Zoning Ordinance, to adopt the Unified Development Ordinance.
At the April 3, 2006, meeting of the Board of Commissioners, a public hearing was held to adopt this amendment. However, the Home Occupations ordinance amendment was not finalized and the Board continued the public hearing until today’s meeting. In a previous action during today’s meeting, the Board adopted the Home Occupation ordinance amendment.
Ms. Melanie Wilson, Wake County Planning Director, was recognized for introductory remarks. She stated that a principal objective of the UDO is to create a more user-friendly document that consolidates all of the various regulations that govern development in Wake County into one unified document supplemented with tables, charts and other graphics to help convey the meaning and intent of the ordinance provisions.
The proposed ordinance amendment contains the complete Unified Development Ordinance, which includes the following components:
1. A reformatting and technical cleanup of the existing Wake County Zoning Ordinance.
2. The 23 ordinance amendments, including the UDO Subdivision Module.
3. Revisions necessary to bring the County’s development regulations into compliance with recent amendments to the North Carolina General Statutes.
4. Supplemental illustrations, flowcharts and tables to create a more user-friendly document that better communicates the purpose and intention of the various ordinance provisions.

The existing Highway District (HD) regulations cannot be repealed at this time with the remainder of the current Zoning Ordinance. The conversion of the existing HD to the recently adopted Residential Highway Commercial (RHC) district requires a three-part process:
1. Adoption of the RHC district regulations (approved by the Board of Commissioners on February 6, 2006);
2. Rezoning of the existing HD zoned properties to RHC; and
3. Repeal of the HD regulations.

Additionally, Article 9, Stormwater Management, is being developed by a separate stakeholders group that is coordinated by Wake County’s Department of Environmental Services. This proposed ordinance amendment is scheduled to be presented to the Board of Commissioners on May 15, 2006. This ordinance amendment will require the modification of some stormwater related sections of the UDO such as including references to the State's Neuse River riparian buffer regulations and the Swift Creek Land Management Plan. Furthermore, the State of North Carolina has recently adopted a new Model Floodplain Ordinance that must be incorporated into the UDO. This proposed ordinance amendment is scheduled to be presented to the Board of Commissioners on May 1, 2006.
The Chairman declared the meeting open for the continuation of the hearing and announced that anyone desiring to comment would be heard at this time.
There were no comments in support of or in opposition to the proposed amendment.
Chairman Gurley then called for the recommendation of the Planning Board and Planning staff.
Mr. Mason Williams, Chairman of the Wake County Planning Board, reported that the Planning Board recommends the Board of Commissioners approve the proposed amendment as presented.
Planning staff recommends that the Board of Commissioners approved the proposed ordinance amendment as presented.
Thereafter, at the conclusion of the public hearing, Chairman Gurley declared the hearing closed and invited action by the Board.
Upon motion of Commissioner Ward, seconded by Commissioner Webb, the Board unanimously approved the adoption of an ordinance amending the Wake County Code of Ordinances by Repealing the Existing Wake County Zoning Ordinance.
OA-05/13 (A)5
A RESOLUTION INTRODUCING AN ORDINANCE
TO REPEAL THE EXISTING WAKE COUNTY ZONING ORDINANCE
(WITH THE EXCEPTION OF THE HIGHWAY ISTRICT PROVISIONS OF
ARTICLE 1-1-41), REPEAL THE EXISTING PARTIAL
WAKE COUNTY UNIFIED DEVELOLPMENT ORDINANCE (UDO),
AND ADOPT THE BALANCE OF THE UDO (INCLUDING THE PROVISIONS
ORDINANCE AMENDING HOME OCCUPATIONS).

Whereas, the proposed ordinance would advance the goal of consolidating development regulations into one user-friendly document;

WHEREAS, the proposed ordinance would address evolving trends, methodologies and philosophies in planning and development;

Whereas, the proposed ordinance would implement the land use and environmental policies and standards associated with growth;

WHEREAS, the proposed ordinance would protect the health, safety and welfare of Wake County citizens;

WHEREAS, the proposed ordinance would align certain regulations with the North Carolina General Statutes;

WHEREAS, the proposed ordinance would codify existing staff interpretations and policies regarding land use regulations;

WHEREAS, the Planning Board held a public meeting on February 15, 2006 to discuss the proposed ordinance amendment, and voted 7 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 March 20, 2006 to consider the proposed amendment;

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

OA 05/13 A


AN Ordinance Amending the Wake County Code of ordinances by repealing the existing wake county Zoning ordinance (with the exception of the higway district provisions of article 1-1-41), repealing the existing Partial wake county Unified development ordinance (UDO) in its entirety, and adopting the attached Complete UDO (including the provisions of ordinance amendment home OCcupations)

SECTION I

The existing Wake County Zoning Ordinance (with the exception of the Highway District provisions of Article 1-1-41) is hereby repealed in its entirety.

SECTION II

The existing partial Wake County Unified Development Ordinance is hereby repealed in its entirety.

SECTION III

The Wake County Code of Ordinances is hereby amended by adding the attached Complete Unified Development Ordinance (including the provisions of Ordinance Amendment OA 05/09 Home Occupations).

SECTION IV

This amendment shall become effective immediately after its adoption, however any proposed plan or permit 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.

******************







PUBLIC HEARING ON THE ALLOCATION FROM THE NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION FOR THE
RURAL OPERATING ASSISTANCE PROGRAM

Chairman Gurley announced a public hearing on the allocation from the North Carolina Department of Transportation to the Rural Operating Assistance Program, duly advertised for Monday, April 17, 2006, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.
Mr. Don Willis, Transportation Director, Wake County Human Services, reported that the Wake County Coordinated Transportation System provides transportation to dependent citizens so that they can have access to health care and other County services. The system is funded by federal and state grants and is supplemented by user fees. The grant funding-source (NCDOT) requires that the County Commissioners approve the application for allocation of these funds. The Wake County Transportation Advisory Board, appointed by the County Manager, will meet on April 11, 2006 to recommend approval of this grant request.
One of the programs within the system is the Rural Operating Assistance Program (ROAP). The ROAP funds provided to Wake County are intended to provide additional transportation services exceeding those trips provided for by local and other public assistance funds. Funds for the elderly and disabled will be allocated to public and nonprofit agencies that make requests for funding and show a need for transportation assistance beyond their ordinary budgetary means. The North Carolina Department of Transportation allocated $170,984 for the purpose of providing transportation to the elderly and disabled; $35,904 for work first participants; and $153,732 for the rural public, which requires a 10% match. This match is covered through user fees.

ROAP fills a gap in the area’s public transportation network, giving equal access to rural citizens who are not covered by the Capital Area Transportation system (CAT) nor by the Triangle Transit Authority (TTA). The Wake County Transportation Advisory Board recommends approval of the grant request.
Following the introduction, Chairman Gurley declared the hearing open and announced that anyone desiring to comment would be heard at this time.
There being no comments in support of or in opposition to the Program, Chairman Gurley declared the hearing closed.
The Chairman then announced that the item will be on the May 1, 2006 Board of Commissioners agenda for approval of the grant request.
******************

TRIANGLE REGIONAL TRANSPORTATION DEVELOPMENT PLAN

The Triangle Regional Transportation Development Plan was undertaken in partnership with the North Carolina Department of Transportation (NCDOT), Public Transportation Division, and Wake, Durham, and Orange Counties with the intent to assess the potential for these three counties to better coordinate and/or consolidate services. The study was divided into two parts: a feasibility study to identify options for coordination and/or consolidation, and a transition and implementation study to provide more detailed information on the options.
Based on the information from the feasibility study, NCDOT believes the consolidation concept has enough merit to warrant further study. So they have agreed to prepare and fund a Transition & Implementation Plan to provide additional information and address any issues still outstanding after the feasibility study. NCDOT will pay for 100 percent of the plan’s cost and Wake County is not obligated to endorse the plan’s recommendations.
County Manager David Cooke made brief comments and reported that before undertaking this next step, NCDOT has requested that the Board of Commissioners express an interest in participating in the preparation of a Transition & Implementation Plan.
Upon motion of Commissioner Bryan, seconded by Commissioner Gardner, the Board unanimously agreed to participate in the preparation of a Transition and Implementation Plan to be paid for by the North Carolina Department of Transportation.
******************

FEASIBILITY STUDY FOR THE MERGER OF EXPLORIS AND PLAYSPACE

Exploris and Playspace are considering a merger of their operations because Playspace is over-capacity in their current location and Exploris has available capacity. Since children are the primary audience for both organizations (Playspace, birth to early elementary; Exploris, upper elementary and middle school), there is the potential to create a family entertainment destination that will capitalize on the popularity of Playspace and help deliver on the original promise of Exploris.
Pam Hartley of Exploris and Julie Paul of Playspace presented information and update on a proposed merger and a request for funding a study.
In order to further study the merger, Exploris and Playspace are requesting $70,000 from Wake County and the City of Raleigh to complete conceptual design work ($50,000) and prepare a feasibility study ($20,000). They are requesting that Wake County fund $35,000 of the total cost.
Exploris and Playspace will request an additional $35,000 from the City of Raleigh on Tuesday, April 18, 2006.
Following comments and discussion, Commissioner Bryan moved approval of the funding request of $35,000 to further study a merger of Exploris and Playspace. The motion was seconded by Commissioner Ward.
The Chairman announced the motion passed (6-1).
The vote was as follows:
Commissioner Jeffreys - nay
Commissioner Gardner - aye
Commissioner Ward - aye
Commissioner Webb - aye
Commissioner Council - aye
Commissioner Bryan - aye
Chairman Gurley - aye
******************

REQUEST FROM WAKE COUNTY BOARD OF EDUCATION
TO REALLOCATE PLAN 2000 FUNDS

Mr. Don Haydon, Associate Superintendent of Auxiliary Services, Wake County Public School System, was recognized to present the request to reallocate Plan 2000 funds. He reported that on March 21, 2006, the Board of Education approved a Plan 2000 reallocation request of $400,000 from Plan 2000 program contingency to mobile relocations. These funds will be used for unanticipated change orders for the 2005 Crowding Solution
After this reallocation, approximately $1.5 million will remain in Plan 2000 Program Contingency. Because there is still activity associated with Plan 2000, namely two existing schools undergoing renovation (Enloe and Longview) and two schools in design (Knightdale Elementary and Swift Creek Elementary) as well as three minor projects in construction and 10 in design, it is prudent to place some funds under program contingency until these projects are complete. Both the Board of Education and the Board of Commissioners must approve funds transferred out of program contingency.
Upon motion of Commissioner Jeffreys, seconded by Commissioner Webb, the Board unanimously approved the request from the Board of Education to reallocate Plan 2000 funds.
RESOLUTION
REALLOCATE FUNDS FOR PLAN 2000 SCHOOL CAPITAL PROJECTS

WHEREAS, the Wake County Board of Education is engaged in a Long Range Building Program; and

WHEREAS, the Wake County Board of Education has duly requested, through a resolution adopted March 21, 2006, that the Board of Commissioners approve the reallocation of $400,000 from Plan 2000 program contingency to Plan 2000 Mobile Relocations.

NOW, THEREFORE, BE IT RESOLVED that the Wake County Board of Commissioners hereby reallocates funds as follows:
FROM
PLAN 2000 Program Contingency
$400,000
PLAN 2000 Mobile Relocations
$400,000
PLAN 2000 Total
$400,000
PLAN 2000 Total
$400,000

Adopted this the 17th day of April 2006.

******************

REQUEST FROM WAKE COUNTY BOARD OF EDUCATION TO
APPROPRIATE AND REALLOCATE PLAN 2004 FUNDS

Mr. Don Haydon, Associate Superintendent for Auxiliary Services, Wake County Public School System, was recognized to present information on the School Board’s request to appropriate and reallocate Plan 2004 funds. He stated that on March 21, 2006, the Board of Education approved a Plan 2004 appropriation request of $8,747,147 and a reallocation request of $9,962,147. This request reallocates the available funds for Wendell Middle as well as reallocates funds from Heritage High.

Mr. Haydon reported that funds will be used to fund road improvements at Holly Springs High, unanticipated site costs and playground equipment costs at Harris Creek Elementary, settlement costs with the developer and playground equipment costs at Brier Creek Elementary, unanticipated site costs at Panther Creek High, and funding of program contingency for future needs. Information was presented on the reallocations and off-site roadway improvements.

Both the Board of Education and the Board of Commissioners must approve transfers from program contingency. Because the bidding process for E-13, E-18, and E-15 is not complete, and because it is anticipated that additional funds will be needed for these elementary schools over and above their original budgets, it is necessary to move funds into program contingency at this time.

Upon motion of Commissioner Webb, seconded by Commissioner Council, the Board unanimously adopted a resolution approving the request from the Board of Education to appropriate and reallocate Plan 2004 funds.
RESOLUTION
APPROVING APPROPRIATION OF PLAN 2004 FUNDING
FOR SCHOOL CAPITAL BUILDING PROJECTS
******************

APPOINTMENT - WAKE COUNTY PLANNING BOARD

Chairman Gurley announced the one vacancy on the Wake County Planning Board due to the resignation of Mr. Bobby Lewis.
The following persons were nominated for the one vacant position:
By roll call vote, Mr. Graham Cawthorne was appointed – term expiring 02-29-2008.

The vote was as follows:

******************

CLOSED SESSION

Commissioner Ward moved to go into closed session for the following purposes: 1) to discuss matters related to the location or expansion of businesses in the area served by this body; 2) to establish or instruct staff on the negotiation of the price and terms of contract concerning the acquisition of real property for the Open Space Program; and 3) to consider the qualifications and conditions of appointment of a public officer or employee.

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

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

ACQUISITION OF PROPERTY
FOR OPEN SPACE PURPOSES

As a result of discussions in closed session, Commissioner Bryan moved that the County Manager be authorized to negotiate a contract for the purchase of approximately 118.646 acres of land from William Ray Fuller and Rose T. Fuller
(Tax ID #0023787) for open space purposes, at a price up to $2,728,858; and approval of a budget revision in the amount of
$2,729,000.
Commissioner Council seconded the motion. Upon vote, the motion passed unanimously.
***********************



There being no other business to come before the Board at this time, Chairman Gurley adjourned the meeting at 5:55 p.m., upon the motion of Commissioner Ward, seconded by Commissioner Gardner and the unanimous vote of the Board.
************************


Gwen Reynolds, CMC
Clerk to the Board
Wake County Commissioners