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    Minutes of 05-16-2005 Board of Commissioners Meeting (adopted)
WAKE COUNTY BOARD OF COMMISSIONERS
MINUTES
May 16, 2005

The Wake County Board of Commissioners met in regular session Monday, May 16, 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 Gardner, the Board unanimously approved the agenda as printed.
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APPROVAL OF MINUTES

Upon motion of Commissioner Webb, seconded by Commissioner Council, the Board unanimously approved the minutes of May 2, 2005.
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PROCLAMATION
DECLARING MAY 15-21, 2005, AS
EMERGENCY MEDICAL SERVICES’ WEEK

Chairman Bryan recognized Public Safety Director John Rukavina to comment on EMS Week, which is sponsored by the American College of Emergency Physicians. Mr. Rukavina introduced the new EMS Director, Skip Kirkwood and other EMS personnel attending today’s meeting.

Following comments, Commissioner Webb read aloud a proclamation designating the Week of May 15-21, 2005 as Emergency Medical Services Week in Wake County and moved adoption of the proclamation as read. The motion was seconded by Commissioner Jeffreys and was unanimously approved.

Chairman Bryan presented an official copy of the proclamation to each of the EMS Departments represented.
PROCLAMATION
TO DESIGNATE THE WEEK OF MAY 15-21, 2005, AS
EMERGENCY MEDICAL SERVICES WEEK
EMERGENCY MEDICAL SERVICES WEEK

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MEDICAL DIRECTOR REPORT
WAKE COUNTY EMERGENCY MEDICAL SERVICES

Dr. Brent Myers, EMS Medical Director, presented an overview of the Wake County EMS System. He stated that the System serves a population of 719,000 night time residents over 854 square miles; that there are over 55,000 requests for EMS service annually with approximately 500 intubations per year and over 99 percent properly performed and confirmed by the receiving physician. Units are dispatched based on nearest station with no pre-determined staffing patterns. The implementation of the Automated Vehicle Locators will help in dispatching these units to calls and other resources.

Dr. Myers also spoke to the Peer Review Governance structure whereby the system is reviewed based on patient care quality, research initiatives, deployment decisions, and other issues pertinent to the system. The committee is made up of community leaders and key stakeholders in the Model EMS System.

Future goals outlined were: to improve the reporting of patient care initiatives; continue to utilize technology to improve patient care and maximize utilization of resources, and complete efforts to operate seamlessly as a system.

Following comments and a brief question/answer period, the Commissioners received the information as presented.
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RESOLUTION OF SUPPORT FOR STATE FUNDING OF
OPEN SPACE PROGRAMS

Chairman Bryan recognized Mr. Sig Hutchinson, Chairman of the Open Space and Parks Advisory Committee, to request that the Board of Commissioners adopt a resolution in support of the State fully funding North Carolina Trust Funds. The 2005 General Assembly is currently debating the biennial State Budget, including funding for the NC Clean Water Management Trust Fund, Parks and Recreation Trust Fund, Natural Heritage Trust Fund and farmland preservation funding. Mr. Hutchinson commented on the investment of these Trust Fund dollars in Wake County.

Following the reading aloud of the resolution by Mr. Hutchinson and upon motion of Commissioner Council, seconded by Commissioner Ward, the Board unanimously adopted the resolution, as read, in support of full funding for North Carolina Conservation Trust funds.
RESOLUTION IN SUPPORT OF FULL FUNDING FOR
NC CONSERVATION TRUST FUNDS
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MEMORANDUM OF UNDERSTANDING BETWEEN
THE BOARD OF ELECTIONS OF WAKE COUNTY
AND THE COUNTY OF WAKE

The position of Director of Elections in Wake County government is an appointed office. Those employees working in the Board of Elections Office serve at will and are not subject to the Wake County personnel ordinance, policies and procedures. In order to provide the Board of Elections Office with assistance
in administration of a comprehensive and uniform system of leave, compensation and benefits for its employees, it is necessary that a Memorandum of Understanding between the Board of Elections of Wake County and the County be approved by the Board of Commissioners. The agreement outlines roles and responsibilities related to pay, benefits and payroll.

Upon motion of Commissioner Gardner, seconded by Commissioner Webb, the Board unanimously approved the adoption of a Memorandum of Understanding between the Board of Elections of Wake County and the County of Wake providing the Board of Elections the administering of a uniform system of leave, compensation and benefits under the procedures that apply to Wake County employees.

MEMORANDUM OF UNDERSTANDING BETWEEN
THE WAKE COUNTY BOARD OF ELECTIONS
AND THE COUNTY OF WAKE

its agencies and departments; and
BY: _________________________________
Joe Bryan, Chairman
Wake County Board of Commissioners


__________________________________
Gwen Reynolds, Clerk to the Board

Date: ___________________, 2005


WAKE COUNTY BOARD OF ELECTIONS
_______________________________________
John Gilbert, Chairman, Board of Elections

Date ____________________, 2005

The signing of this Memorandum of Understanding was authorized by a resolution of the Wake County Board of Elections at a meeting held on
_______________, 2005. DIRECTOR OF ELECTIONS

______________________________________
CHERIE R. POUCHER

Date: ______________________, 2005


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CONVEYANCE OF UTILITY EASEMENT TO THE TOWN OF CARY
SITE 23, CRABTREE CREEK WATERSHED PROJECT

Wake County has received a request from the Town of Cary for the conveyance of a 20-foot wide public sanitary sewer easement and 10-foot wide temporary construction easements across County-owned property. The 10-foot wide temporary construction easements adjoin the permanent easement on
one side and will provide adequate room for construction purposes. The temporary easements will terminate upon completion of construction.

The property is located off Weston Parkway south of Evans Road and was purchased by the County in 1979 as part of the acquisitions for Site 23 of the Crabtree Creek Watershed Project. The permanent easement requested will contain approximately 0.33 acre and the temporary construction easements will contain approximately 0.12 acre.

Upon motion of Commissioner Council, seconded by Commissioner Ward, the Board unanimously approved the conveyance of a permanent sanitary sewer easement containing approximately 0.33 acre and the temporary construction easements containing approximately 0.12 acre across County property at Site 23 of the Crabtree Creek Watershed Project; easements shall be as depicted on a map, as presented, and conveyed to the Town of Cary subject to the following terms and conditions:

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

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

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

It is the intent of this section to require the Grantee to indemnify the Grantor to the extent permitted under North Carolina General Statutes 22B-1.

4. No facilities or improvements shall be placed or constructed within the easement area without prior written approval from the Grantor of the construction plans for such facilities or improvements.

5. The Grantor reserves the right to use the easement area for watershed and recreational purposes and for any other proper public purposes which the Grantor may undertake.

6. In using the easement area and in constructing improvements within the easement area, the Grantee shall comply with all applicable Federal, State, and local laws, ordinances, rules and regulations.

7. In the event the Grantee ceases to use the property covered by this easement for sanitary sewer purposes, the easement shall automatically revert back to the Grantor.

8. If at any point in time, the Grantee's use of the easement area interferes with the Grantor's use of or intended use of the easement area, and in the sole and absolute discretion of the Grantor, modifications of any facilities or improvements of the Grantee are necessary, the Grantee shall be responsible for all costs of the modifications as required by the Grantor.

9. Upon completion of construction, the Grantee shall have replaced all property corner irons and concrete monuments disturbed in constructing the works of improvement.
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PRESENTATION OF THE COUNTY MANAGER’S
RECOMMENDED BUDGET FOR FISCAL YEAR 2006

County Manager David Cooke presented his recommended budget for fiscal year July 1, 2005 through June 30, 2006. In outlining the “priorities, partnerships and progress” the total budget is $805.9 million, a 6.2 percent increase over the fiscal 2004-2005 budget. Highlights of the budget include: increase in revenues of $46.7 million, maintaining existing property tax rate of 60.4 cents per $100 of assessed valuation, additional funds of $12.3 million for a total of $248.7 million to Wake County Public Schools; $1.3 million to Wake Tech Community College for a total of $12.3 million; increased funding to Human Services and to the Sheriff’s Office; and proposed funds for pay-for-performance increase of 4 percent for County employees.

The fiscal year 2006-2012 Capital Improvement Plan was also presented, which totals $1.44 billion with fiscal year 2006 accounting for $284 million of those expenditures.

Following the presentation of the recommended budget, the County Manager outlined the schedule for review and adoption.

The Commissioners received the County Manager’s Recommended Budget for fiscal year 2006 and upon motion of Commissioner Council, seconded by Commissioner Gardner, the Board unanimously approved the following schedule:
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PUBLIC COMMENT

The Wake County Board of Commissioners desires to hear from the public about the operations and services of Wake County Government. It is for that purpose a time certain has been provided for public comment.

There were no requests to appear before the Board at this time. (Mr. Hansen spoke during the public hearing.) Chairman Bryan declared the public comment portion of the meeting closed.
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PUBLIC HEARING
TO CONSIDER RESOURCE CONSERVATION OVERLAY
DISTRICT-2 TO THE LOWER SWIFT CREEK BASIN

Chairman Bryan announced a public hearing to consider a proposed Resource Conservation Overlay District-2 to the Lower Swift Creek Basin, duly advertised as provided by statute for Monday, May 16, 2005, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.

Mr. Tim Clark, Wake County Planning Department, was recognized to explain the amendment. He stated that in October 2004, the North Carolina Department of Transportation requested that Wake County update certain conservation measures in the lower Swift Creek Basin in southeastern Wake County as a part of the approval process for the US Highway 70 Bypass project around Clayton (Clayton Bypass). This request was due to concerns from the US Fish and Wildlife Service (USFWS) over the habitat of the Dwarf Wedge Mussel, a federally listed endangered species. The specific request was for Wake County to ensure a designated level of impervious surface coverage and perennial stream buffers within the lower Swift Creek Basin to improve water quality by limiting the amount of stormwater runoff into Swift Creek and its tributaries. The lower Swift Creek Basin is bounded by NC 50, Rand Road, and Ten-Ten Road on the west; Cleveland School Road and the Johnston County line on the South; Cornwallis and White Oak Roads on the east, and Main Street in Garner on the north. The entire basin area covers 14,871 acres, of which 6,342 acres are in the County’s planning jurisdiction, zoned under various classifications. The 1,692 parcels represent approximately 1,240 individuals in the property owners listing. The largest uses of the land in this area are residential and agricultural, with 800 acres being vacant. The remaining land uses are primarily institutional (City of Raleigh Wastewater Plan off Wrenn Road, 600 acres), with some general business activities at the intersection of Ten-Ten Road and NC 50.

The purpose of the proposed RCOD-2 is to protect and preserve the water quality of special watershed in Wake County, while allowing the orderly development of land in the watersheds of these sensitive areas. The Resource Conservation Overlay District-2 overlay provides two main conservation measures for improving and protecting water quality in special watershed that provide significant wildlife, aquatic, or plant life habitats as well as possess characteristics unique to Wake County. The first is to enumerate existing County stormwater management regulations pertaining to impervious surface coverage. The second is to implement a 100-foot wide vegetative buffer along perennial streams. The buffers would extend on either side of a perennial stream as delineated on the 1999 Wake County Surface Water Survey Mapping Project. The ordinance does allow for a limited number of activities to take place within these buffers.

At the February 21, 2005 meeting of the Board of Commissioners, the Board adopted a Memorandum of Understanding (MOU) directing staff to prepare these ordinance amendments. The MOU is an agreement between Wake County, NCDOT, and USFWS regarding the current and future conservation measures in the Swift Creek Basin. In the Agreement, the County agreed to consider the implementation of the RCOD-2 zoning overlay that includes 100-foot vegetated buffers along perennial streams and a restatement of the County’s stormwater management regulations. Furthermore, USFWS agreed in the MOU to consider the implementation of the RCOD-2 as appropriate conservation methods when evaluating future projects.

Affected property owners were notified by mail of the proposed zoning changes and invited to a public information meeting to comment on the conservation measures. Property owners were also notified of today’s public hearting.

Mr. Gary Jordan of the US Fish and Wildlife Service, presented information on a representative search of a subset of the entire area where three mussels were found. He also noted that earlier surveys and trend data strongly suggest that the population is declining.

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

Mr. Arthur Hansen, 2524 Win Road, Garner, NC, and Professor at NCSU, expressed concern regarding the use of his farm property as it relates to the proposed amendment. (He was informed that farm property is exempt.)

Public Utilities Deputy Director Jack Moyer, City of Raleigh – support (commented on the construction of the DE Benton Wastewater Treatment Plant at Lake Benson)

Chairman Bryan 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 at its meeting of April 20, 2005, voted 6-2 to recommend approval of the amendments. He stated that the Planning Board suggested having reasonable compensation to the property owners for the loss of value due to the increased buffer.

Mr. Clark reported that Planning staff recommends the Board of Commissioners approve the requested changes to the Wake County Zoning Ordinance text and map.

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

Following lengthy discussion, Chairman Bryan stated for the record the response from the North Carolina Department of Transportation regarding action by the Board of Commissioners that, “the Clayton Bypass Project would not go forward without the adoption of the ordinance by the end of May.”

Commissioner Gardner offered a change in the language of the proposed amendment, that the wording “reasonable” be added after the word “no” and before the word “alternative” as it appears in Table 2.

Following this discussion and upon motion of Commissioner Ward, seconded by Commissioner Gardner, the Board unanimously adopted amendments to the Zoning Ordinance text and map by adding Section 1-1-33, Resource Conservation Overlay District-2, including the language change in Table 2, and applying the new overlay zoning to the lower Swift Creek Basin in Wake County’s jurisdiction.
ORDINANCE AMENDING THE WAKE COUNTY ZONING MAP
TO APPLY A RESOURCE CONSERVATION OVERLAY DISTRICT-2
TO PROPERTIES WITHIN THE LOWER SWIFT CREEK BASIN

WHEREAS, the North Carolina Department of Transportation and the United States Fish and Wildlife Service has requested that Wake County apply stricter conservation measures in the Swift Creek basin to help protect the dwarf wedge mussel, an endangered species, and other aquatic species from the indirect and cumulative impacts of the proposed US 70 Clayton Bypass;

WHEREAS, the Wake County Board of Commissioners passed a Memorandum of Understanding on February 21, 2005 with the North Carolina Department of Transportation and the United States Fish and Wildlife Service to consider an amendment to the Wake County Zoning Ordinance to implement the requested conservation measures;

WHEREAS, the Wake County Zoning Ordinance, Section 1-1-33, was created to protect and preserve the water quality of special watersheds that provide significant wildlife, aquatic, and plant habitats and possess characteristics unique to Wake County, while allowing the orderly development of land in the watersheds of these sensitive areas;

WHEREAS, applying the Resource Conservation Overlay District-2 to the 1,692 parcels under the County’s planning jurisdiction will fulfill the County’s agreement with NCDOT and USFWS for a 100-foot perennial stream buffer within the lower Swift Creek Basin;

WHEREAS, the proposed zoning map amendment is consistent with the Wake County Land Use Plan and otherwise advances the public health, safety, general welfare and the proposed zoning map amendment would not have detrimental impact on surrounding property; and

WHEREAS, the Wake County Board of Commissioners held a duly-noticed public hearing on May 16, 2005 to consider amending the Zoning Map to rezone the entire area, or part of the area, to the classification requested, or to a more restrictive classification;

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

The proposed overlay zoning district is found to be consistent with the Wake County Land Use Plan and to otherwise promote the public health, safety, and general welfare, and the Wake County Zoning Map is hereby amended to apply the Resource Conservation Overlay District-2 zoning classification to property as follows:
PETITION NO. ZP-848-05

To land located within the lower Swift Creek Basin under the County’s planning jurisdiction. The lower Swift Creek Basin is bounded by NC 50, Rand Road, and Ten-Ten Road on the west; Cleveland School Road and the Johnston County line on the south; Cornwallis and White Oak Roads on the east; and Main Street in Garner on the north. The location of the RCOD-2 zoning is more specifically shown on the accompanying map titled “Appendix A Swift Creek RCOD-2 Wake County Zoning Classifications” and dated May 31, 2005.
SECTION II

This amendment shall become effective on May 31, 2005; however, any preliminary subdivision for which a complete application has been accepted by the Wake County Planning Department prior to the adoption of this amendment, shall be exempt from the requirements of this amendment.
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ORDINANCE AMENDING THE WAKE COUNTY ZONING ORDINANCE
TO ADD SECTION 1-1-33, RESOURCE CONSERVATION OVERLAY DISTRICT-2

WHEREAS; the North Carolina Department of Transportation and the United States Fish and Wildlife Service has requested that Wake County apply stricter conservation measures in the Swift Creek basin to help protect the dwarf wedge mussel, an endangered species, and other aquatic species from the indirect and cumulative impacts of the proposed US 70 Clayton Bypass;

WHEREAS; the Wake County Board of Commissioners passed a Memorandum of Understanding on February 21, 2005 with the North Carolina Department of Transportation and the United States Fish and Wildlife Service to consider an amendment to the Wake County Zoning Ordinance to implement the requested conservation measures;

WHEREAS, adopting the proposed ordinance amendment is consistent with the Wake County Land Use Plan, which sets as a goal the conservation of environmentally significant areas and important natural resources;

WHEREAS, adopting the proposed ordinance amendment is consistent with the Wake County Growth Management Strategy, which recognizes that interjurisdictional cooperation is necessary to protect open space and provide for viable natural habitat;

WHEREAS, adopting the proposed ordinance amendment will not have a detrimental impact on surrounding property and will promote the health, safety, and general welfare of Wake County residents through the added protection of natural habitat and open space;

WHEREAS, the Board of Commissioners held a duly advertised public hearing on May 16, 2005 to consider the proposed amendment;

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

The Wake County Code of Ordinances (Zoning Ordinance) is hereby amended as follows:

A. ADD Section 1-1-33 Resource Conservation Overlay District-2 to read as follows:

SECTION 1-1-33 RESOURCE CONSERVATION OVERLAY DISTRICT-2 SECTION 1-1-48 RESOURCE CONSERVATION OVERLAY DISTRICT

(A) PURPOSE AND INTENT OF RESOURCE CONSERVATION OVERLAY DISTRICT-2(A) PURPOSE AND INTENT OF RESOURCE CONSERVATION OVERLAY DISTRICT

(B) DISTRICT BOUNDARY(B) DISTRICT BOUNDARY (C) REGULATION OF USES(C) REGULATION OF USES (D) EXISTING DEVELOPMENT, REDEVELOPMENT, AND EXPANSIONS(D) USES EXEMPTED (E) USES EXEMPTED(D) USES EXEMPTED (F) DEVELOPMENT STANDARDS(E) DEVELOPMENT STANDARDS The following standards shall apply in Resource Conservation Overlay District-2:

The County reserves the right to require stormwater runoff control measures for projects without any measures, and the with this section if stormwater runoff from the site will cause adverse effects on other properties including without limitation (2) Special Watershed Buffers

[1] In the event of conflict with other applicable regulations, the more restrictive regulation shall govern.
Note: Some streams may require both special watershed buffers and Neuse River riparian buffers.

(G) ACTIVITIES ALLOWED WITHIN SPECIAL WATERSHED BUFFERS

(1) The required 100-foot buffer along a perennial stream shall consist of a vegetated area that is undisturbed except for the activities expressly allowed to occur within special watershed buffers pursuant to Table 2 of Paragraph 1-1-33 (G) (2). (2) Activities Allowed within Required Special Watershed Buffers

Only the activities listed in Table 2, below, are allowed within required special watershed buffer areas.
(H) DESIGN, CONSTRUCTION, AND MAINTENANCE OF DISTURBANCES WITHIN SPECIAL WATERSHED BUFFERS (1) Any allowed disturbance that occurs as a result of the activities expressly permitted in Table 2 (G) (2) must be designed, constructed, and maintained so as to:
SECTION II

This amendment shall become effective on May 31, 2005; however, any preliminary subdivision for which a complete application has been accepted by the Wake County Planning Department prior to the adoption of this amendment, shall be exempt from the requirements of this amendment.

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Note: Chairman Bryan called for a recess at this time.
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MULTI-FAMILY HOUSING DEVELOPMENT LOAN RECOMMENDATION

The County’s Housing and Community Revitalization Division in partnership with the City of Raleigh’s Community Development Department distributed a request for proposals for affordable housing development on November 30, 2004. Three proposals were received.

The Housing Committee of the Human Services Board reviewed the proposals based upon the following criteria: affordability, developer experience and
the County’s subsidy per unit. The Committee recommended the following:

Upon motion of Commissioner Council, seconded by Commissioner Ward, the Board unanimously approved the following: 1) a loan of $250,000 to DHIC, Inc. for Wakefield Hill Apartments; and 2) a loan of $350,000 to CASA, Inc. for Waterbrook Apartments.
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LAND ACQUISITION FOR ELEMENTARY SCHOOL
IN THE TOWN OF GARNER

The Wake County Board of Education, at its April 5, 2005, meeting adopted a resolution to acquire 27.04 acres of land in Garner at a price of $696,280 for Elementary School (E13). The new elementary school facility is currently scheduled to open for the fall term 2007. The construction funds for this school are included in Plan 2004, and is scheduled to bid in February 2006.

The Board of Commissioners received this request at its May 2, 2005 meeting. In response to questions about the cost to develop the site, the School System staff has indicated that they are unable to provide costs at this time, and that cost estimates will be available when all site conditions have been assessed.
According to Section 115C-426 of the North Carolina General Statutes, the Wake County Board of Commissioners is responsible for approving the purchase of property by the Wake County Board of Education.

Upon motion of Commissioner Ward, seconded by Commissioner Council, the Board unanimously approved the purchase of land at a price of $696,280 for Elementary School E13, with the condition that the County and the School System jointly prepare the site plan, with acreage not needed for the school subdivided and provided to the County (the County would then separately fund the land from the Capital Plan-Community Use of Schools.) Further, the Board requested that future requests for land acquisition should include an estimate for site development costs.
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APPROVAL OF SCHEMATIC DESIGN
FOR RENOVATIONS TO THE
FAYETTEVILLE STREET ENTRANCE TO THE COURTHOUSE

In 1998 a comprehensive study was commissioned to identify the long-term facility needs of the Tenth Judicial District. Additionally, County staff and officials of the Raleigh Inspections Department reached agreement in 2003 on an outline of a ten-year plan of phased improvements to the Courthouse. The ten-year plan was recently updated to align with the 30-year Justice Facility Master Plan, which was presented to the Board of Commissioners in December 2004, and to reflect the 2006 opening of Fayetteville Street.

The Project Architect, Mr. Kurt Eichenberger, presented a schematic of the Fayetteville Street entry plaza of the Courthouse being redesigned so that the entrance is handicap accessible to the re-opened public street. The design for the reconstruction of the Courthouse plaza has been reviewed by the City of Raleigh, and coordinated with their plans to reopen Fayetteville Street. Construction cost for this project is projected to total $1.5 million. The criminal justice element of the capital improvement program currently contains a balance of approximately $665,000 designated for this project. County and City staff will work to develop an interlocal agreement outlining the key coordination issues, including funding associated with the streetscape work within the right-of way
of Fayetteville Street. The agreement will be presented for Board approval at a future meeting.

Upon motion of Commissioner Council, seconded by Commissioner Jeffreys, the Board unanimously approved the schematic design for Courthouse Fayetteville Street entry and plaza renovations.
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ENVIRONMENTAL PROTECTION AGENCY
GROWTH MANAGEMENT IMPLEMENTATION ASSISTANCE

Wake staff recently received a Request for Applications from the Environmental Protection Agency (EPA) for its Growth Management Implementation Assistance Program. Under this program, EPA will provide technical assistance to communities wanting to incorporate growth management techniques in their development. EPA will assist communities with either policy analysis or public participatory processes, in the form of a multi-day visit from a team of experts organized by EPA and other national partners to work with local leaders. This is an Agency contract, not a grant.

Staff proposes to seek assistance on how to resolve the disconnect between Growth Management Principles of infill development and water quality regulations which appear to work against infill. Possible stakeholders have been identified to participate representing Wake County, municipalities in Wake County, Wake County Public School System, Human Services Board, Wake Soil and Water Conservation District and Home Builders’ Association of Raleigh-Wake County.

Upon motion of Commissioner Webb, seconded by Commissioner Gurley, the Board unanimously endorsed the staff proposal to seek technical assistance from the Environmental Protection Agency on how to resolve the disconnect between Growth Management Principles of infill development and water quality regulations which appear to work against infill.
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COMMITTEE REPORTS

Commissioner Jeffreys commented on the “Ten-Year Plan to End Homelessness” Committee’s work in partnering with the Wake County Schools and focusing on the prevention portion of the plan.

Commissioner Jeffreys also announced that the Raleigh Convention and Visitors Bureau Board will be meeting at Five County Stadium, Cattail’s Restaurant, May 25, 2005, at 12 noon. There will be discussion about marketing and the use of the facility and Commissioners are invited to attend.
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Commissioner Gurley announced a meeting of the Growth, Land Use and Environment Committee Monday, May 23, 2005, at 10:00 a.m. in the Conference Center of the Wake County Office Building. The Committee will discuss ETJ and growth issues.
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CLOSED SESSION

Commissioner Council moved to go into closed session to instruct staff regarding the terms and conditions for provisions to contract and purchase real property: two tracts for the Little River Reservoir Project—2.495 acres owned by James C. and Teresa C. Cutchins and 36.197 acres owned by Rex Bragg Tippett; and approximately 9.0 acres owned by Randall C. Scarborough and Lillian E. Jones for the Open Space Steep Hill Creek Preservation Project. The motion was seconded by Commissioner Ward and was unanimously approved.

Following the business in closed session, Chairman Bryan called the meeting back into regular session.
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PURCHASE OF PROPERTY
LITTLE RIVER RESERVOIR PROJECT AND
OPEN SPACE STEEP HILL CREEK PRESERVATION PROJECT

As a result of the information given to the Board of Commissioners in closed session and upon motion of Commissioner Ward, seconded by Commissioner Council, the Board unanimously authorized staff to proceed with the following acquisitions 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
36.197 acres owned by Rex Bragg Tippett at a purchase price of $300,000


Open Space Steep Hill Creek Preservation Project

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There being no further business to come before the Board at this time, Chairman Bryan adjourned the meeting at 5:30 p.m. upon the motion of Commissioner Council, seconded by Commissioner Webb and the unanimous vote of the Board.
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Respectfully submitted:

Gwendolyn Reynolds, CMC
Clerk to the Board
Wake County Commissioners