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    Minutes of 03-20-2006 Board of Commissioners' Meeting (adopted)
WAKE COUNTY BOARD OF COMMISSIONERS
MINUTES
March 20, 2006

The Wake County Board of Commissioners met in regular session Monday, March 20, 2006, at 2:00 p.m. in the Commissioners’ 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, Mrs. Gwendolyn I. Reynolds.

Chairman Gurley called the meeting to order.
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PLEDGE OF ALLEGIANCE

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INVOCATION

Commissioner Webb offered the invocation.

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APPROVAL OF AGENDA

Upon motion of Commissioner Council, seconded by Commissioner Webb, the Board unanimously approved the agenda as revised, deferring the item “Acquisition of Fuller Open Space Property in Marks Creek Watershed,” until a future meeting.
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APPROVAL OF MINUTES

Upon motion of Commissioner Ward, seconded by Commissioner Gardner, the Board unanimously approved the minutes of February 20, 2006.
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NATIONAL ASSOCIATION OF COUNTIES/TRUST FOR
PUBLIC LAND OPEN SPACE CONSERVATION AWARD

At the recent National Association of Counties Legislative Conference, Wake County was awarded the County Leadership in Conservation Award, sponsored by The Trust for Public Land and the National Association of Counties. The award recognizes leadership, innovation, and excellence in local land conservation and park creation by county leaders across America. The County was honored for its Open Space Program, which has preserved 3,000+ acres of open space over the past five years.

Mr. Sig Hutchinson, Chairman of the Parks and Open Space Advisory Committee, was recognized to comment on the award and the County’s partnership with municipalities and non-profits to acquire open space. He also spoke to how the County has leveraged its dollars with funding from the state and federal agencies.

Chairman Tony Gurley accepted the award on behalf of Wake County at the annual Conference held in Washington, DC.
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FOUR-YEAR LEASE AGREEMENT WITH IBM GLOBAL FINANCING
FOR A NEW SERVER AND TAPE BACKUP SYSTEM

Wake County currently utilizes an older model IBM AS/400 - 720 and two IBM 3590 cartridge tape drive units to support core applications for the Wake County Sheriff’s Office, Public Health Department and Animal Control Division of the Environmental Services Department. This processing platform was originally acquired in 1991 and has been running these department’s applications 24 hours a day, 7 days a week since installation. Over time the existing platform has been upgraded to add additional computing power and data storage capacity. Unfortunately, continuing to upgrade the older equipment is no longer a feasible solution due to the introduction of newer, more demanding business applications. The business application driving the need for the replacement platform is the planned upgrade of the H.T.E. Record Management System and Jail Management System software that is utilized by the Sheriff’s Office.

The Finance department issued a competitive bid in February 2006 for the required IBM hardware, operating system software and maintenance components. DyComp, Inc. submitted the lowest cost bid for the four-year agreement at approximately $4,500 per month, or approximately $216,000 for the term of the lease. Funds are available in the IS Department operating budget to cover the additional lease costs for the remainder of this fiscal year and will be budgeted at the $4,500 per month level in next fiscal year’s budget.

Upon motion of Commissioner Bryan, seconded by Commissioner Council, the Board unanimously approved a four-year lease with IBM Global Financing to acquire a new IBM i5 server and tape backup system; and authorized the County Manager to execute contracts on behalf of Wake County for this agreement.
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WAKE COUNTY DAY REPORTING CENTER
FY 2007 GRANT APPLICATION

The North Carolina Department of Corrections’ Criminal Justice Partnership Program (CJPP) provides grants that support community corrections programs throughout North Carolina. Wake County has been a recipient of CJPP grants for the Wake Day Reporting Center since 1995.

CJPP has proposed $340,203 in funding for continued operation of the Center in FY 2007. In order to establish eligibility for the continuation grant a formal application must be submitted. The grant application, prepared by Carolina Correctional Services, Inc., has been reviewed and approved by the Criminal Justice Partnership Advisory Board. No matching funds are required for this grant.

Upon motion of Commissioner Webb, seconded by Commissioner Jeffreys, the Board unanimously approved the application for FY2007 Criminal Justice Partnership Program grant funding for Wake Day Reporting Center to be submitted on Wake County’s behalf by Carolina Correctional Services, Inc.
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REQUEST FOR PUBLIC SANITARY SEWER EASEMENT
ACROSS COUNTY OWNED PROPERTY KNOWN AS
CEDAR FORK DISTRICT PARK

In 1987, Wake County and the Capital Area Soccer League (CASL) entered into a contract for the development and use of soccer fields on property owned by Wake County located on Aviation Parkway. The County purchased the property in the 1970's for flood control purposes associated with the construction of Structure #23 (Lake Crabtree) of the Crabtree Creek Flood Control Project and is now known as Cedar Fork District Park. CASL agreed to be responsible for operating the fields during soccer season and to pay to the County an agreed upon annual maintenance fee for using the fields. On January 16, 2006, the Board authorized a lease extension with CASL, which extends the term to June 30, 2006.

The Town of Morrisville has requested a public sanitary sewer easement from the County for purposes of constructing and maintaining a sewer line to serve a townhouse project being developed adjacent to Cedar Fork District Park. The permanent easements requested contain an area of 737 sq. ft. for Easement 1, and 295 sq. ft. for Easement 2. Work on the easements should not interfere with the use of the soccer fields or other facilities. Any areas disturbed will be returned to the original condition. Staff supports this request.

Upon motion of Commissioner Gardner, seconded by Commissioner Ward, the Board unanimously approved a public utility easement over two areas to the Town of Morrisville for construction and maintenance of sewer service to a proposed townhouse development.
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CONVEYANCE OF A UTILITY AND TRANSIT EASEMENT
TO THE CITY OF RALEIGH AT THE NEW NORTH REGIONAL LIBRARY

On November 7, 2005 the Board of Commissioners awarded a construction contract for replacement and expansion of the North Regional Library. This replacement facility is located on a 4.9-acre parcel of land located off Falls of the Neuse Road at 7009 Harps Mill Road. As a result of the City of Raleigh's plan review and two public meetings with the Planning Commission and City Council, a permit was awarded with two conditions.

As a condition of the approval and future issuance of a certificate of occupancy, the City of Raleigh is requiring that the County dedicate to the City a utility easement adjoining the right-of-ay of Harps Mill Road. The easement is needed by the City to provide for operation and maintenance of a new fire hydrant to be installed during construction. The utility easement contains an area of approximately 3 ft. by 3 ft.

A second transit easement was requested by the City of Raleigh to allow for a public bus stop on Harps Mill Road in front of the Library. The transit easement contains an area of approximately 20 ft. by 15 ft. The transit easement is standard size and can accommodate a shelter structure if warranted by usage. For now the City of Raleigh is only planning to place a bench on the site. The location of both easements has been reviewed by staff and it has been determined that this will not have a negative impact on the current or future plans for development of the County's property.

Upon motion of Commissioner Council, seconded by Commissioner Webb, the Board unanimously approved the dedication of the utility and transit easements to the City of Raleigh on the site of the North Regional Library.
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AWARD OF CONTRACT FOR RECONSTRUCTION OF THE
SECOND FLOOR OF THE COURTHOUSE

The Wake County Courthouse is a twelve-story building containing approximately 331,150 square feet with a mechanical penthouse and two additional lower parking levels. The building was constructed in the late 1960's to serve Wake County
as a Courthouse, Office Building and 170-bed Jail. Since its original construction some of the more significant use changes include: 1) conversion of County office space (floors 6-12) to courtrooms or court related use; 2) demolition of the 170-bed
jail (5th floor) and renovating the space for courtrooms; 3) crosswalk connection to the Wake County Office Building; 4) construction of tunnel connection to the Public Safety Center. There are currently 26 heavily used courtrooms located in the Courthouse, along with various support functions of the Tenth Judicial District, which have substantially increased occupancy loads in the building.

In 1998 a comprehensive study was commissioned to identify the long-term facility needs of the Tenth Judicial District.
This study proposed continued long-term use of the Courthouse for judicial services. County staff and officials of the Raleigh Inspections Department reached agreement in 2003 on a detailed 10-year plan of phased improvements to assure the building can continue to be used as the main judicial center of Wake County. Continuation of this Courthouse 10-year improvement plan is an essential part of the 30-year Justice Facility Master Plan, which was presented to the Board of Commissioners in December 2004.

Consistent with the referenced 10-year facility plan renovation, the 2nd floor of the Courthouse is the next scheduled phase of construction.

On February 28, 2006 bids were received from contractors for this phase of the project in accordance with NC Statutes. Staff recommends award of the construction contract to the lowest responsible bidder. Funding for this project is included in the Capital Improvement Program for FY 2006.

Upon motion of Commissioner Jeffreys, seconded by Commissioner Gardner, the Board unanimously approved awarding a contract for reconstruction of the second floor of the Wake County Courthouse to Harrod and Assoc. Constructors, Inc. of Raleigh, in the amount of $2,139,000.

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APPROVAL OF TAX REPORT

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

1.
Report of Collections – Wake County Only – January 2006
2.
Wake County In-Rem Foreclosure Progress Report – January 2006
3.
Value Adjustments and Special Situations: (Wake County Only), (Wake County
and Town of Apex), (Wake County and Town of Cary), (Wake County and Town
of Morrisville), (Wake County and City of Raleigh)
4.
Consideration of Requests for Adjustments, Rebates and/or Refunds of Penalties:
(Wake County and City of Raleigh)
5.
Consideration of Requests for Exemptions – Late Filed Applications:
(Wake County and Town of Cary), (Wake County and Town of Holly Springs),
(Wake County and City of Raleigh)
6.
Consideration of Refund for Taxes, Interest, and Penalties:
(Wake County Only), (Wake County and Town of Apex), (Wake County and
Town of Cary), (Wake County and Town of Holly Springs), (Wake County and
Town of Knightdale), (Wake County and City of Raleigh), (Wake County and
Town of Wendell), (Wake County and Town of Wake Forest)
7.
Consideration for Release of Penalties and Interest for Wake County Prepared
Food and Beverage Taxes: (Wake County Only)
8.
Rebate Details:
(Wake County and Town of Apex), (Wake County and Town of Cary), (Wake County
and Town of Fuquay-Varina), (Wake County and Town of Garner), (Wake County
and Town of Holly Springs), (Wake County and Town of Knightdale), (Wake County
and Town of Morrisville), (Wake County and Town of Rolesville), (Wake County and Town of Wake Forest), (Wake County and Town of Wendell), (Wake County and Town of Zebulon)
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PUBLIC HEARING
PETITION ZP-840-04: PROPOSAL TO REZONE 1.06 ACRES
FROM HIGHWAY DISTRICT TO CONDITIONAL USE-HEAVY COMMERCIAL

Chairman Gurley announced a public hearing to consider Zoning Petition-840-04, to rezone 1.06 acres from Highway District to Conditional Use-Heavy Commercial, duly advertised as provided by statute for Monday, March 20, 2006, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.

Mr. Larry Morgan, Wake County Planning Department, was recognized to present introductory remarks. He pointed out the location of the rezoning request—on the southwestern corner of the intersection of US Highway 401 and Ten Ten Road. He outlined the history of the land use and noted that if rezoned as requested, this site will be allowed to contain all uses permitted in Section 1-1-38 of the Wake County Zoning Ordinance, except commercial recreational establishments, kennels as defined in Section 1-1-1 of the Wake County Zoning Ordinance, and cell towers.

The purpose of the proposed rezoning is to allow for a wider range of commercial uses. The Heavy Commercial District allows for a broader range of commercial uses than the current Highway District. This site is located within the SRUSA and is served by municipal water and sewer. The Land Use Plan recommends urban-intensity development to be located within the SRUSA, which is intended to be urbanized and served by municipal services within the next ten years.

The proposed uses are consistent with the Fuquay-Varina/Garner Area Land Use Plan and does not constitute spot-zoning. The proposed development would be compatible with the mixed-use pattern of commercial and industrial development in this area. Three quadrants of this intersection are already commercially developed.

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

Mr. Jason Barron of Kennedy Covington, Raleigh, NC, commented in support of the rezoning request—representing the owners.

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

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 met February 1, 2006, and by unanimous vote, recommended that the Board of Commissioners approve the zoning map amendment with the petitioner’s proposed conditions.

Mr. Morgan reported that Planning staff recommends that the Board of Commissioners approve the requested zoning map amendment with the petitioner’s proposed conditions.

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 Jeffreys, the Board unanimously adopted an ordinance approving ZP-840-04, to rezone 1.06 acres from Highway District to Heavy Commercial.
ORDINANCE-2006-04
AMENDING THE WAKE COUNTY ZONING MAP
TO REZONE 1.06 ACRES FROM HIGHWAY DISTRICT TO
CONDITIONAL USE- HEAVY COMMERCIAL DISTRICT (CU-HC)


SECTION I
SECTION II
SECTION III
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PUBLIC HEARING
PETITITION ZP-849-05: PROPOSAL TO REZONE 14.29 ACRES
FROM RESIDENTIAL-40 WATERSHED AND CONDITIONAL USE-HIGHWAY
DISTRICT TO CONDITIONAL USE-HEAVY COMMERCIAL DISTRICT

Chairman Gurley announced a public hearing to consider Zoning Petition-849-05, to rezone 14.29 acres from Residential-40 Watershed and Conditional Use-Highway District to Conditional Use-Heavy Commercial District, duly advertised as provided by statute for Monday, March 20, 2006, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.

Mr. Larry Morgan, Wake County Planning Department, was recognized to present the introduction. He stated that the 14.29-acre tract is located on the northeastern quadrant of the intersect of NC Highway 55 and Old Jenks Road. In 1985, a portion of this property was rezoned from HD to R-40W. However, in 1999, it was determined that this property was not located within the Jordan Lake Water Supply Watershed protected area. (A mapping error was made when watershed zoning was applied to this area.) The dividing line between SRUSA and SRUSA/WSW is on the western side of NC Highway 55.

The proposed rezoning will place two tracts of land that are split-zoned under the same zoning designation (CU-HC). Also, the petitioner has included conditions that increases the buffer screens, limits the hours of operations, complies with the Wake County Transitional Urban Development policies, preserves vegetation along Oak Ridge Drive, and limits impervious surface coverage. The proposal would place all of the tracts, which consists of a nursery, garden center, house, and accessory uses under one zoning district (Conditional Use-Heavy Commercial).

As part of the Southwest Wake Area Land Use Plan study, this area is proposed to be re-classified as a Community Activity Center (CAC) to increase the size of the activity center and to allow for medium-scale development. The proposed uses, which are allowed within a Neighborhood Activity Centers as well as a CAC would be appropriate at this location. This area currently functions as a Community Activity Center, which provides goods and services to neighborhoods beyond the immediate area. The southwest quadrant of this intersection, which lies within Apex’s jurisdiction, is developed commercially as a shopping center.

Mr. Morgan stated that a condition of the petition limits the hours and days of operation for commercial uses to between 6:30 am and 6:00 pm Monday through Friday in order to minimize potential impacts on the adjacent residences. Also a condition requires that the transitional bufferyard along the property’s frontage with NC Highway 55 and along a portion of Holt Road will be 30 feet in depth instead of the required width of 10 feet, which will provide for more transition between this site and adjacent residences. And another condition requires that existing native vegetation along Oak Ridge Drive will remain in place to provide a 50-foot wide transitional bufferyard. This property is separated from the residences in the area by adjacent roads and it is not accessed directly through a residential subdivision.

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

There were no other comments in support of or in opposition to the amendment.
Chairman Gurley then called for the recommendations of the Planning Board and Planning staff.
Mr. Mason Williams, Chairman of the Wake County Planning Board, reported that the Planning Board met February 1, 2006,
and by unanimous vote, recommended that the Board of Commissioners approve the zoning map amendment with the
petitioner’s proposed conditions.

Mr. Morgan reported that Planning staff recommends that the Board of Commissioners approve the requested zoning map
amendment with the petitioner’s proposed conditions.
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 by Commissioner Jeffreys, the Board unanimously adopted ZP-849-05,
approving the requested zoning map amendment.
ORDINANCE-2006-05
AMENDING THE WAKE COUNTY ZONING MAP
TO REZONE 14.29-ACRES FROM RESIDENTIAL-40 WATERSHED (R-40W) AND
CONDITIONAL USE-HIGHWAY DISTRICT TO CONDITIONAL USE- HEAVY COMMERCIAL DISTRICT (CU-HC)

SECTION I
SECTION II

Only the following uses shall be permitted on the subject property:
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PUBLIC HEARING
PETITIOIN ZP-854-05: PROPOSAL TO REZONE 16.62 ACRES
FROM RESIDENTIAL-80 TO CONDITIONAL USE-INDUSTRIAL-2

Chairman Gurley announced a public hearing to consider an amendment to the Wake County Zoning Map, Zoning Petition 854-05, duly advertised as provided by statute for Monday, March 20, 2006, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.

Mr. Larry Morgan, Wake County Planning Department, was recognized to introduce the request. He stated that the 16.62-acre tract is located on the northern side of the intersection of New Hill-Holleman Road and Avent Ferry Road.If rezoned as requested, the petitioner’s proposed conditions would allow for the development of a mini-storage and outdoor boat storage facility, telecommunication towers, and special uses as per Section 1-1-39(C)(1)(2)(a)(b)(3) of the Wake County Zoning Ordinance. The petition excludes several uses that would otherwise be permissible under the Industrial-2 district. These excluded uses include administration, research, manufacturing, processing, fabrication, freight handling, distribution, and the storage of salvage or junk and other material pertinent to manufacturing and fabrication, which would not be compatible with the area. The proposed mini-storage and outdoor boat storage facility is limited to 8.5 acres of the 16.62 acre parcel requested for rezoning to allow for flexibility in design so that the proposed development has minimal impact on the residential character of the area and natural environment.

The proposed rezoning is consistent with the Land Use Plan. The proposed development should be centrally oriented on the site and transitioned from adjacent residential uses.

This area is not designated as a protected watershed, as it is not an existing or proposed drinking water source. However, this area contains significant wildlife habitat. Also, this site contains a perennial creek and backs up to the Shearon Harris Game Lands and to Harris Lake, which drains into the Cape Fear River, below Jordan Lake. The requested rezoning contains a condition that addresses the maintenance of water quality so that the area is not adversely impacted from storm water runoff.

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

There were no other comments in support of or in opposition to the rezoning request.

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

Mr. Mason Williams, Chairman of the Wake County Planning Board, reported that the Planning Board at its meeting of February 1, 2006, by a unanimous vote, recommended that the Board of Commissioners approve the zoning map amendment with the petitioner’s proposed conditions.

Mr. Morgan reported that Planning staff recommends that the Board of Commissioners adopt the ordinance amendment, approving the proposed conditions.

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 Council, the Board unanimously adopted an ordinance approving Zoning Petition 854-05, to rezone 16.62 acres from Residential-80 to Conditional Use-Industrial-2.
ORDINANCE-2006-06
AMENDING THE WAKE COUNTY ZONING MAP
TO REZONE 16.62-ACRES FROM RESIDENTIAL-80 (R-80) TO
CONDITIONAL USE- INDUSTRIAL-2 DISTRICT (CU-I-2)


SECTION I
SECTION II
SECTION III
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PUBLIC HEARING
ORDINANCE AMENDMENT OA 05/09 TO AMEND THE CURRENT HOME
OCCUPATION REGULATIONS OF THE WAKE COUNTY
ZONING ORDINANCE TO ALLOW MORE FLEXIBILITY FOR
SMALL HOME BASED BUSINESSES

Chairman Gurley announced a public hearing to consider an amendment to the Wake County Home Based Businesses Regulations Zoning Ordinance, duly advertised as provided by statute for Monday, March 20, 2006, 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 comment on the proposed amendment. He stated that the amendment is being proposed to allow for more flexibility for small home based businesses.

The proposed ordinance amendment was reviewed at three separate meetings by a diversified stakeholders group that included representatives of the development community, environmental groups, other County departments, and members
of the Planning Board/Code and Operations Committee.

An alternative ordinance, written by a local attorney at the request of the Growth, Land Use and Environment (GLUE) Committee, was discussed briefly at a GLUE Committee meeting and was forwarded to the UDO stakeholders group, which included several Planning Board members, for consideration during the initial stages of reviewing the County’s Home Occupation regulations.

Mr. Lankford reported that as an initial step in evaluating the Wake County’s Home Occupation regulations, the Planning staff compared the County’s regulations to those of other regional jurisdictions. The staff surveyed six counties and eight municipalities. The results of this survey were presented which noted the following:
Wake County currently limits the home occupation to 50% of the floor area of the primary residence, with no specified maximum square footage limit. The proposed ordinance establishes a maximum limit of 750 square feet on the amount of residential living area that can be used for the home occupation, versus the current open-ended 50% limitation. The staff was concerned about there being no upward limit on the square footage of the home that could be used for a home occupation because an operation of too large a scale could adversely impact the neighborhood.

The proposed ordinance will also allow for a broader range of uses as home occupations, which will provide greater flexibility for homeowners considering starting home businesses. The proposal will increase the number of permissible “outside” employees from none to one (1). Family members that reside in the residence are not considered outside employees. The allowance of an outside employee gives the business owner additional operational flexibility and brings Wake County’s ordinance into agreement with common planning practices of other jurisdictions.

Additionally, the proposed ordinance amendment will clarify the following issues:

The business is to be conducted in the same dwelling where the business owner resides.
The business is to be conducted without any significant adverse impact on the surrounding neighborhood.
The business shall not create any objectionable traffic, noise, fumes, odor, dust, or electrical interference.
No outside storage is allowed.
The business cannot be conducted in an accessory building.
The home occupation must comply with State Building and Fire Codes.

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

There were no other persons commenting 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 Board, at its meeting January 18, 2006, by a unanimous vote, recommended that the Board of Commissioners approve the proposed amendment as presented.

Mr. Lankford reported that Planning staff recommends approval of 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.

Following much discussion, Commissioner Webb moved approval of the amendment as presented by the Planning Department. The motion was seconded by Commissioner Council.

Following further discussion, specifically about the number of vehicles allowed, monitoring and enforcement of the ordinance, Commissioner Council moved that the issue be tabled and the entire ordinance be referred to the Growth, Land Use and Environment Committee for further study of not only the vehicles issue and enforcement as it relates to this ordinance, but enforcement options for other ordinances in Wake County. Commissioner Gardner seconded the motion.

Upon vote, Chairman Gurley announced the motion passed unanimously.
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PUBLIC COMMENTS

The Board of Commissioners desires to hear from the public about the operations and services of Wake County Government. It is for that purpose the Board has set aside a time certain (3:00 p.m. or as soon as possible thereafter) for public comments.

Chairman Gurley recognized the following:

1. Mr. Chris Richardson, Finance Director, Masonic Home for Children in Oxford (expressed appreciation and commended the Commissioners for working with Mr. Jefcoat in relation to the purchase and donation of property for the Home. 2. Ms. Cynthia Vester, 1231 Thomas Drive, Knightdale – Consultant for Department of Psychiatry and Behavior Medicine, Duke University (support Peer Specialists as part of the Treatment Team for mental health care in Wake County, and support mental health facility in Wake County) 3. Mr. Kent Goddard, 1806 Merriweather Circle, Raleigh (support mental health facility in Wake County—60 beds not sufficient with growth in Wake County)

No other persons requested to be heard, and Chairman Gurley declared the public comment portion of the meeting closed.
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PUBLIC HEARING
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 ATTACHED BALANCE OF THE UNIFIED DEVELOPMENT ORDINANCE

Chairman Gurley announced a public hearing to consider the repeal of the existing Wake County Zoning Ordinance, with the exception of the Highway District Provisions of Article 1-1-41, repeal of the existing partial Wake County Unified Development Ordinance and the adoption of the Balance of the Unified Development Ordinance, duly advertised as provided by statute for Monday, March 20, 2006, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.

Ms. Melanie Wilson, Wake County Planning Director, was recognized for the introduction. She stated that the amendment proposes to 1) advance the goal of consolidating development regulations into one user-friendly document; 2) address evolving trends; 3) implement land use and environmental policies and standards associated with growth; 4) protect the health, safety and general welfare of County citizens.

In light of the Board’s deferring action on the previous amendment (home-based business regulations of the Wake County Zoning Ordinance), Ms. Wilson requested that that action on this amendment be tabled until a future meeting.

The information having been presented, Chairman Gurley declared the public hearing open 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.

Following discussion and upon motion of Commissioner Jeffreys, seconded by Commissioner Council, the Board unanimously approved to continue the public hearing and discussion on this issue until April 17, 2006.
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Chairman Gurley called for a ten-minute recess.
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ESTABLISHMENT OF A SERVICE DISTRICT BOUNDARY AND
THE PROVISION OF UTILITY SEVICES FROM HARNETT COUNTY INTO
SOUTHWESTERN WAKE COUNTY

Harnett County Utilities District has extended utility lines into southwestern Wake County in previous years without Wake County’s knowledge. This situation came to the Planning Staff’s attention when a developer requested to connect a proposed subdivision onto an existing water line along Buckhorn Duncan Road. To address this situation the Planning Staff drafted ordinance amendment, Water and Sewer Extensions from Adjacent Counties, Water and/or Sewer Districts, and Water and/or Sewer Authorities. The Board of Commissioners adopted this amendment on September 19, 2005, and incorporated it into the Unified Development Ordinance (UDO).

The ordinance requires that all such water and/or sewer extensions, or the sale of bulk water to a public utility, must first be approved by the Wake County Board of Commissioners. These extensions shall include the approval of an interlocal agreement and a Service Boundary Map by Wake County, the relevant municipality and the service provider’s governing body.

The ordinance indicates that these extensions will be allowed by Wake County if all of the following conditions are met:
Harnett County has utility lines in a portion of the County designated as Holly Springs’ Long-Range Urban Services Area. Harnett County Utilities has reached an interlocal agreement with the Town of Holly Springs. This agreement addresses the requirements of the utility extension agreement.

Upon motion of Commissioner Bryan, seconded by Commissioner Ward, the Board unanimously approved the Service District Boundary Map and the extension of utility lines from the Harnett County Utilities District into a portion of Wake County that is designated as Holly Springs’ Long-Range Urban Services Area.
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RESOLUTION APPOINTING A SUCCESSOR REMARKETING AGENT
FOR CERTAIN OUTSTANDING BONDS

Chairman Gurley introduced a resolution to appoint a successor remarketing agent for certain outstanding bonds, a summary of which had been provided to each Commissioner, a copy of which was available with the Clerk to the Board and which was read by title.

Ms. Melinda Canady, Wake County Finance Director, was recognized to comment on the request. She stated that Wake County has two different remarketing agencies. Legg Mason Wood Walker Inc. was appointed as the initial Remarketing Agent for both the Series 2003C Bonds and Series 2004B Bonds, but has subsequently sold this line of business to a third party and is no longer able to provide these services. Based on a request for proposal process, staff recommends the appointment of Wachovia Bank, National Association as remarketing agent.

At this time Commissioner Bryan requested to be recused from voting on this item due to his employment with Wachovia Securities, a subsidiary of Wachovia Bank.

Upon motion of Commissioner Ward, seconded by Commissioner Webb, the Board unanimously approved Commissioner Bryan’s request.

Commissioner Council then moved adoption of the resolution authorizing the Finance Director to enter into an agreement with Wachovia Bank, NA as Remarketing Agent for the Series 2003C and 2004B bonds. Commissioner Ward seconded the motion and upon vote the motion passed unanimously, as follows:

Ayes: Commissioners Council, Gardner, Jeffreys, Ward, Webb and Chairman Gurley
Noes: None
Recused: Commissioner Bryan
RESOLUTION-2006-12
PROVIDING FOR THE APPOINTMENT OF
SUCCESSOR REMARKETING AGENT FOR CERTAIN OUTSTANDING BONDS

BE IT RESOLVED by the Board of Commissioners (the “Board”) of the County of Wake, North Carolina (the “Issuer”):
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INTERLOCAL AGREEMENT WITH CITY OF RALEIGH FOR
SUPPORT OF 800 MHZ SYSTEM MANAGEMENT AND MAINTENANCE

The City of Raleigh has become a user of the 800 MHz radio system. The 800 MHz equipment required to support the Raleigh Fire Department’s use of the system has been installed and the Raleigh Fire Department has recently completed testing of the system. With Wake County’s support, the City of Raleigh is aggressively pursuing Department of Homeland Security, COPS and other grant programs for the funds needed to support the Raleigh Police Department’s eventual use of the 800 MHz radio system.

At its March 7, 2006 meeting, the Raleigh City Council authorized an agreement with Wake County through which the City of Raleigh will participate in a management framework and a cost-sharing mechanism for 800 MHz infrastructure use with Wake County and Wake County municipalities (except Cary). In summary, the agreement provides for:

The City of Raleigh’s share of 800 MHz system costs during the current fiscal year is $68,946 (out of a total FY 06 maintenance cost of $1,300,386). In FY 07, total estimated 800 MHz maintenance cost is $1,551,629; Wake County’s share for FY 07 (including fire, EMS and Wake County Sheriff’s Office) is $1,021,810, and Raleigh’s estimated share is $123,970. The balance is shared by other public safety and non-public safety users, including Triangle Transit Authority and Alcohol Beverage Control.

Upon motion of Commissioner Council, seconded by Commissioner Bryan, the Board unanimously authorized the County Manager to enter into an interlocal agreement with the City of Raleigh for management and support of maintenance of Wake County’s 800 MHz radio system.
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PARTNERSHIP AGREEMENT WITH THE
TOWN OF CARY FOR THE ACQUISITION OF 19.2 ACRES OF OPEN SPACE

The Town of Cary has submitted a request for County participation in the fee simple purchase of a 19.2-acre site located in northwest Cary. A site in this area was identified in the Cary-approved 2003 Parks, Greenways and Bikeways Master Plan as a recommended site for a neighborhood park. The Morris Branch corridor is located along the southern edge of the site and was also identified as one of four natural open space corridors to be protected within the Town’s Northwest Area Plan, approved by the Town in 2002. With the acquisition of this site over 200’ of natural corridor will be protected, even after development of this parcel into a park. The proposed Morris Branch Greenway is proposed along the southern edge of the park site and as such this park site and open space will be linked to the Town of Cary greenway system. A pedestrian underpass is budgeted to extend underneath Green Level to Durham Road that will provide direct access to Amberly residents, an approved development with approximately 4,000 units of housing planned.

This parcel represents one of the few remaining undeveloped parcels of this size that would be suitable for a community park within northwest Cary. An appraisal by Paul Bunn, M.A.I., has been secured by the Town. This appraisal estimates the value of the property as $1,651,000. The Town has negotiated a purchase price of $1,400,000, which is 15% below the appraised price. Cary is asking for 50% participation by Wake County (equates to $700,000). This application meets the Board adopted criteria for Open Space Partnerships.

Upon motion of Commissioner Ward, seconded by Commissioner Council, the Board unanimously authorized the County Manager to execute the County’s Standard Open Space Partnership Agreement with the Town of Cary for Wake County to provide $700,000 for the acquisition of 19.2 acres of open space with the terms and conditions of said agreement to be acceptable to the County Attorney; and approval of a budget revision in the amount of $700,000.
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APPROVAL OF SCHEMATIC DESIGN PRESENTATION FOR
EXPANSION OF THE RURAL ECONOMIC DEVELOPMENT CENTER
AT WAKE COUNTY OFFICE PARK

In 1995 the Board of Commissioners approved a Lease and Use Agreement with the North Carolina Rural Economic Development Center, Inc. (Rural Center) for 2.25 acres in the northeast section of the Wake County Office Park. The initial term of this lease was 50 years, with a provision for the lease to continue on an annual basis thereafter for so long as the premises are used as a non-profit rural economic development office facility. Meeting rooms located in the facility are for shared use between the Rural Center and the County. A building containing approximately 12,500 sq. ft. was funded and constructed by the Rural Center on the leased property by the Rural Center in 1996. The lease stipulates that if the Rural Center discontinues use of the facility or the parties terminate the lease, the property and all improvements thereon revert back to the County. It is also a requirement that all site development and building exterior plans be subject to review and approval by the County to assure compatibility with other County-owned facilities in the Wake County Office Park.

The Rural Center has requested the County’s assistance in selecting a design team for a proposed expansion and some interior renovations planned at their existing facility. A competitive qualifications/experience based selection process was followed and a design team consisting of PBC&L Architecture, RMF Engineers, and McNeely Assoc. Landscape Architects were selected to provide professional services for the project.

The planned expansion includes a 5,450 sq. ft. conference center and support spaces. Also included in the project is renovation and reconfiguration of 3,000 sq. ft. of existing conference space into flexible office/work area. Site improvements include nine additional parking spaces, sidewalks, plaza and landscape enhancements. All improvements appear to be consistent with the originally developed master plan for the Wake County Office Park. Costs for the project as currently planned are expected to total $2.0 million. No funding is being requested from Wake County.

Mr. Billy Ray Hall of the Rural Center presented information on the proposed use of the expansion and fundraising to date. The Project Architect was also present with copies of the site plan, building floor plan and rendering of the proposed center expansion.

The project schedule contemplates completing construction documents in June and receiving bids from contractors in late July 2006. Construction should be complete by early summer, 2007.

County staff supports the design as proposed and recommends that the Commissioners approve the schematic design documents.

Upon motion of Commissioner Bryan, seconded by Commissioner Council, the Board unanimously approved the schematic design for the proposed expansion of the Rural Economic Development Center at the Wake County Office Park.
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APPROVAL OF SCHEMATIC DESIGN FOR THE
NORTHERN REGIONAL CENTER PLANNED FOR WAKE FOREST

In 1993, the Board of Commissioners endorsed a long-term plan for developing regional governmental centers at 4-5 locations around the County. The regional concept was established to provide a variety of County services in more convenient locations for citizens. Over the following two years regional sites were acquired for four of the planned centers. The Southern Regional Center (Fuquay-Varina) opened in 1996 and the Eastern Regional Center (Zebulon) opened in 2002. The other two sites acquired were in Wake Forest and Apex. In November 2005 the Board authorized staff to proceed with planning and design of the Northern Regional Center in Wake Forest.

The site for the planned Northern Regional Center is located at 400 East Holding Avenue in the Town of Wake Forest. The 9.55-acre parcel is shared by other public facilities. The Northern Regional Center will be on a campus with the Wake Forest Branch Library, an EMS station, Kiwanis Park and Wake Forest's greenway system. A US Post Office is adjacent to the site and a Senior Center is across the street.

The design for this Regional Center is based on the prototype design used for the Eastern Regional Center in Zebulon. The facility will house staff to deliver services for the following County agencies: Building Inspections, Sheriff, Public Safety, Environmental Services, Revenue, and several programs administered by Human Services. Flexible, multipurpose space will also be available to accommodate community groups, as well as outside organizations, such as non-profit groups and other governmental agencies that directly support County efforts to deliver services to citizens.

County staff has worked with the project designers, Cherry Huffman Architects and McNeely Associates Landscape Architects, to update the architectural program and adapt the prototype building to the Wake Forest site. Mr. Dan Huffman, Project Architect, presented the recommended approach to developing the site and schematic design for the building.

The Regional Center will contain approximately 23,000 square feet, and site development and building construction costs are estimated to be $4.7 million. Approximately $1.2 million is included in the Capital Improvement Program (CIP) for FY06. The balance of the capital funding for the project is anticipated in the CIP for FY07. Construction of the project is anticipated to commence in Fall of 2006, and is expected to be complete twelve months later.

Upon motion of Commissioner Council, seconded by Commissioner Gardner, the Board unanimously approved the schematic design for the Northern Regional Center planned to be located in Wake Forest.
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PUBLIC/PRIVATE PARTNERSHIP FOR
PARKING DECK/MIXED USE DEVELOPMENT ON
COUNTY-OWNED PROPERTY IN DOWNTOWN RALEIGH

In 2004, the County completed an update of a 30-year Justice Facility Master Plan for the Tenth Judicial District which encompasses Wake County. The entire updated plan (covers period 2000-2029) was presented to the Board of Commissioners in December 2004.

The major element of the Master Plan that must be completed by 2013 is a new Criminal Courthouse/Public Records Building. This facility is planned for the northern half of the city block between the Wake County Public Safety Center and Martin Street in Downtown Raleigh. The existing 40 year old courthouse will become a family/civil court facility. These two buildings and the Public Safety Center will be connected by modifying and extending an existing tunnel connector under Salisbury Street.

On the site of the proposed new Courthouse, structures currently exist that were built 40 to 80 years ago. These structures include a 654 space parking deck and offices of Register of Deeds, Assessor, probation and parole staff. These old structures were acquired approximately 17 years ago by the County and were not constructed by the original owners to the standards of typical public buildings. The structures are nearing the end of their useful life and are scheduled for demolition in FY09 to allow construction of the new Criminal Courthouse/Public Records Building to begin.

The Master Plan proposes replacement parking structure(s) for those spaces to be displaced by the new Courthouse project. Replacement parking must be available by Fall 2008 to keep implementation of the Master Plan on schedule.

County staff held meetings with five developers who have experience in multiple urban development projects in North Carolina. These discussions revealed that there was some interest in a public/private project that would provide the parking needed by the County and adjacent residential/retail development. Based on these findings the County solicited interest in a public/private approach to meeting the County's parking needs through issuance of a formal Request For Proposals (RFP). The RFP was sent to 28 private developers, followed by a proposal pre-submission conference to address any questions raised by potential respondents. Two proposals were received and separate interviews held with each development team. The two proposers refined their written proposals based on clarifications resulting from the interview sessions.

A team appointed by the County Manager evaluated both proposals. The team consisted of County staff, Raleigh's Downtown Urban Design Center Director, and representatives of Progress Energy and The News and Observer. Based on the established evaluation criteria the evaluation team unanimously agreed that the proposal submitted by the Concord Eastridge-Empire Properties (Concord Empire) team was the best offer received.

Based on the Concord Empire proposal the County has the ability to continue to pursue two preferred options:

Under either of the two options the County may, at any time during the design of the parking deck, request a fixed price
for purchase of the parking deck proposed to be constructed by the Developer. If the price proposed by the Developer is unacceptable to the County, the County may elect to purchase the design drawings and specifications prepared to that date(at a predetermined price) and terminate the lease with the Developer for the property on which the deck is proposed. The County would then proceed to work with the project design professionals to complete any remaining design drawings/specifications and proceed with publicly bidding and constructing the deck. The Developer would continue to complete design and construction of the mixed-use components. The decision as to which party constructs the parking deck would be made prior to any construction contract/subcontract being awarded by the Developer. The financial benefits to the County would be the primary criteria considered in making the decision relative to which party assumes all responsibility to construct the deck.

It is recommended that the Board of Commissioners authorize staff to negotiate terms and conditions of a Memorandum of Understanding with the Concord-Empire team (consistent with the Options described above) for proceeding with site investigation and design of a parking deck with approximately 832 parking spaces, 44 condominiums, and approximately 8,150 sq. ft. of retail space on County-owned property at the southwest corner of Davie and McDowell Streets in Raleigh.

Funding for site investigation, design services and land acquisition for the parking deck project is included in the Capital Improvement Program for FY06.

Mr. Michael Stephenson, designer for the developer, presented the proposed schematic design for the project; however the final design and other documents will be presented to the Board for approval at a future meeting.

Upon motion of Commissioner Ward, seconded by Commissioner Gardner, the Board unanimously authorized staff to finalize negotiations and prepare a Memorandum of Understanding with the Concord-Empire Development Group consistent with the two development options described above; that prior to proceeding with preparation of final construction drawings and specifications for the project, the proposed schematic design will be presented to the Board for approval; that subsequent to schematic design approval, proposed land lease/sale and development agreement(s) will be drafted and presented to the Board for consideration and approval; and no construction is authorized as part of this action by the Board of Commissioners.
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NC HELPING NEIGHBORS FUND ALLOCATION FOR WAKE COUNTY

The Governor’s Office has designated Wake County to receive a portion of the NC Helping Neighbors Fund to assist in meeting current unmet needs of Hurricane Katrina evacuees.

Intended recipients are Hurricane Katrina evacuees (individuals and families registered with FEMA) living in Wake County who cannot obtain assistance from other sources, must wait for other assistance, and/or whose losses are not covered by insurance.

Counties accepting NC Helping Neighbors Funds will follow spending and distribution criteria established by the Office of Governor. Wake County will be responsible for identifying the needs of Hurricane Katrina evacuees and developing a plan to distribute funds to help meet these needs (i.e. rental assistance, prescription assistance, utility assistance).

Upon motion of Commissioner Webb, seconded by Commissioner Council, the Board unanimously approved the acceptance of an allocation of $47,306 designated for Wake County from the North Carolina Helping Neighbors Fund.
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APPROVAL OF FUNDING FOR LOW-INCOME HOUSING
OAK HOLLOW APARTMENTS

In May 2003 the Board of Commissioners approved a grant of $210,000 in federal HOME funds to Community Alternatives for Supportive Abodes (CASA) to develop Oak Hollow Apartments as a part of the 2003 Affordable Housing Action Plan. Oak Hollow, located off Sunnybrook Road in Raleigh, will have 10 two-bedroom units for homeless families with a member that has either a mental illness or a history of substance abuse. Rents at Oak Hollow will be $275/month. Other financial commitments for this development are from the US Department of Housing and Urban Development (HUD), the City of Raleigh, the North Carolina Housing Finance Agency (NCHFA) and North State Bank.

In October 2005 CASA requested using $100,000 in federal HOME funds for Oak Hollow that was allocated to CASA by the Board of Commissioners in the 2001 Affordable Housing Action Plan. CASA originally intended to use these funds to acquire and repair Kings Motel; however, they did not receive the approvals necessary to undertake the project. CASA is requesting that the funds be used for Oak Hollow because project development costs have increased from $900,000 when the original funding application was submitted in 2003 to $1,379,907. The total increase in cost is $479,907.

The increase in the cost to develop Oak Hollow is primarily the result of unexpected on-site and off-site improvements that were a requirement in order for CASA to subdivide the property and obtain building permits. In addition to cost increases, CASA received $50,000 less in grant funds from HUD than expected in 2003, which brings the total funding gap for this development to $529,907. CASA is filling the additional gap with a bank loan of $132,808, and a loan from the NCHFA of $297,099.

The Housing Committee of the Human Services Board recommends approval of the $100,000 allocation for Oak Hollow. The recommended award is an interest free loan to be repaid over 25 years.

Upon motion of Commissioner Council, seconded by Commissioner Webb, the Board unanimously approved a $100,000 loan to Community Alternatives for Supportive Abodes for the development of Oak Hollow Apartments.
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LAND ACQUISITION FOR AN ELEMENTARY SCHOOL IN
NORTHWEST RALEIGH

According to Section 115C-426 of the General Statutes, the County Board of Commissioners is responsible for approving the purchase of property by the County Board of Education.

At their February 7, 2006 meeting, the Board of Education approved the acquisition of 20.3 acres of land in Raleigh at a price of $153,000 per acre, (estimated to total $3,105,900) for Elementary School E17. The new elementary school facility is currently scheduled to open for the fall term 2008.

The construction funding for this school is anticipated to be included in future school building programs.

Ms. Betty Parker, Wake County Public School System, appeared before the Board to present information on the request and to respond to questions.

Upon motion of Commissioner Ward, seconded by Commissioner Webb, the Board unanimously approved the request from the Board of Education to acquire land for an elementary school in Northwest Raleigh.
RESOLUTION-2006-13
APPROVAL OF LAND ACQUISITION FOR NEW SCHOOLS


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LAND ACQUISITION FOR AN ELEMENTARY SCHOOL IN NORTHWEST CARY

According to Section 115C-426 of the General Statutes, the County Board of Commissioners is responsible for approving the purchase of property by the County Board of Education.

At their February 7, 2006 meeting, the Board of Education accepted the terms and conditions of an agreement with the Town of Cary and Panther-Creek-Raleigh Limited partnership to (1) acquire at no cost, approximately 20 acres in northwest Cary on Green Level to Durham Road for an elementary school, E-22 and (2) to agree to the timing and development of the site and disbursement of $5,500,000 towards same and (3) to contract for an option to later acquire a middle school site of approximately 30 acres in the same vicinity at $21,225 per acre totaling $636,750. The new elementary school facility is currently scheduled to open for the fall term 2008.

The construction funding for this school is anticipated to be included in future school building programs.

Ms. Betty Parker, Wake County Public School System, was recognized to present information on the request and to respond to questions from the Board.

Upon motion of Commissioner Bryan, seconded by Commissioner Council, the Board unanimously approved the request from the Board of Education to acquire land for an elementary school in Northwest Cary.
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LEASE AGREEMENT FOR THE ADAPTIVE RE-USE OF A
FORMER WINN DIXIE FOR A PROPOSED NINTH GRADE CENTER

Ms. Betty Parker, Wake County Public School System, presented information on a proposed lease agreement for use of a former Winn Dixie for a proposed ninth grade center. She reported that at the February 7, 2006 Board of Education meeting, the Board approved the following actions:

Ms. Parker also reported that School staff was currently working on concerns proposed by County staff (outlined in the item summary).

There was much discussion by the Board. Concerns were raised reference the information provided on high school capacity models, and why Knightdale High was not included.

The Board of Commissioners received the information as presented. The Chairman announced if there are no outstanding questions, this item will be placed on the April 3, 2006 agenda.
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REPORT ON THE REQUEST FROM
WAKE COUNTY BOARD OF EDUCATION TO REALLOCATE
PLAN 2004 FUNDS

On March 1, 2005, the Board of Education adopted a resolution pertaining to funding of Plan 2004. The resolution states the Board of Education will allocate future Plan 2000 savings to be applied as part of the total $550 million and that the Board of Education will cover cost escalations by deferring the funding of specific projects to the next building program.

On June 20, 2005 the Board of Commissioners approved the 2006 – 2012 Capital Improvement Plan, which included accelerating the appropriation of school capital fund balance ($19.1 million) and the use of two-thirds capacity bonds
($41 million) to fully fund the $550 million plan plus the $14.4 million for mobile and modular classrooms, resulting in a total budget for Plan 2004 of $564.4 million.

On February 6, 2006 the Board of Commissioners approved a request by the Board of Education to reallocate savings from Plan IIIB and Plan 2000 to Plan 2004. With this action, the Board approved a total budget of Plan 2004 of $564,443,749.

On March 7, 2006 the Board of Education approved three Plan 2004 reallocation requests totaling $3,725,000. The first reallocates start-up funds from E-20 and E-21 to E-26 and E-27. These start-up funds are being transferred because land will be available sooner for the latter two elementary schools. The second reallocation moves funds from Heritage High site work to Barwell Road elementary to cover the cost of roadway improvements and playground equipment. The third reallocation moves funds from program contingency to land acquisition Phase II for upcoming land purchases.

Mr. Don Haydon, Wake County Public Schools, presented an overview of the reallocation requests and responded to questions from the Board.

The Commissioners received the information as presented. Chairman Gurley announced that if there are no outstanding questions, the request will be placed on the April 3, 2006 agenda.
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COMMITTEE REPORTS

Chairman Gurley announced there were no committee reports.
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OTHER BUSINESS

Commissioner Gardner brought to the Board’s attention that Rolesville has currently proposed annexing into the critical watershed areas of the Little River Reservoir—1.5 miles into the Wake County portion of that watershed boundary. He noted that this is the first challenge to the County’s management of those critical watershed areas. He further noted that the Planning Board and the Board of Commissioners denied Rolesville’s request to expand into this area just over a year ago; and after talking with the Planning Board Chair today, the Planning Board still opposes the expansion.

County Manager David Cooke reported there are no written agreements and that the Planning Department has been asked to develop and bring to this Board multi-party interlocal agreements as it relates to the Little River Reservoir area and the ultimate urban service boundaries, not only to this Board but to the respective boards of Wake Forest, Rolesville, City of Raleigh, Knightdale, Wendell and Zebulon.

Following much discussion, upon motion of Commissioner Gardner, seconded by Commissioner Ward, the Board unanimously approved that the Chairman of the Board of Commissioners be authorized to reaffirm in writing to the Mayor of Raleigh and the Mayor of Rolesville that the County has developed the Land Use Plan in partnership with every municipality and that County stands by the Plan; and that the Board encourages the ongoing efforts between the municipalities to designate those lines and reach an agreement.
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There being no further business to come before the Board at this time, Chairman Gurley adjourned the meeting at approximately 6:30 p.m., upon the motion of Commissioner Bryan, seconded by Commissioner Jeffreys and the unanimous vote of the Board.
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Gwen Reynolds, CMC
Clerk to the Board