Others attending were the County Manager, Mr. David C. Cooke; County
Attorney, Mr. Scott Warren; and the Clerk to the Board, Mrs. Susan Banks.
Chairman Gurley called the meeting to order.
PLEDGE OF ALLEGIANCE
Commissioner Betty Lou Ward offered the invocation.
APPROVAL OF AGENDA
Upon motion of Commissioner Ward, seconded by Commissioner Gardner,
the Board unanimously approved the agenda of August 20, 2007.
Upon motion of Commissioner Gardner, seconded by Commissioner Webb, the Board voted unanimously to approve the Minutes of August 6 and 13, 2007.
Mr. David Cooke, County Manager, called Mike Coughlin with Environmental Services to the front for recognition for his years of service upon his retirement beginning September 1, 2007. Mr. Cooke spoke on Mr. Coughlin’s employment history.
CHARTER AND PRIVATE SCHOOLS
Mr. Robert Luddy gave a presentation to the Board about the benefits of community neighborhood schools. He used the Thales Concept and the Franklin Academy School. The core of the concept is direct instruction based on the theory that clear instruction eliminates misinterpretations and therefore can greatly improve and accelerate learning. Due to the application of the Thales Concept, the students usually work above grade level. There is tremendous acceleration of students in math and reading. Class size is 22-25 students allowing for more individual attention. It is a very rapid way of learning and where classroom etiquette is strictly enforced. Facilities are built on small plots of land and classrooms are large, bright and colorful. Capital cost per student is $7400 as compared to the $20,500 in the Wake County School System. The learning environment is more important than the cost. Results are demonstrated at 90% nationally in K-8 for math and science. He reviewed numerous awards won by students at the Franklin Academy.
The recommendations he made to Wake County were:
· Build Smaller Community Schools
· Adopt Direct Instruction and Core Curriculum
· Teach reading in Kindergarten
· Require the Wake County School Board to lobby for 25 new charters
· Outsource new K-8 schools to the private sector
This program eliminates the need for new bonds and superior outcomes are achieved at a lower operating cost.
Commissioner Bryan said this Board has continually asked for more charter schools. He asked what else could be done to get more charters. Mr. Luddy suggested the Board keep pushing the General Assembly. He said if the charter is run by the same management it may be easier to get additional charters. Wake County officials need to speak up for its special need of a large number of schools. Chairman Gurley said he visited the charter school and was impressed by the civility of the students. He said with the 8,000 students coming into Wake County, this County needs all the help it can get for dealing with schools. Parents can get schools closed if its not being handled appropriately.
Commissioner Coble said the Chairman should send a letter requesting more charter schools.
Commissioner Coble motioned, seconded by Commissioner Gardner, to send a letter to the Wake County Delegation asking for more charter schools and to send a copy to the commission.
The number of charters requested should be based on the number of students in the system. Commissioner Bryan stated with 25 schools only 10,000 students will be addressed. Commissioner Webb said Wake County has 14 charter schools. He said it should be based on success. It takes two years to get a new charter school opened. Commissioner Gardner asked if they had seen their funding go down this year. Mr. Luddy said he did not believe it had occurred but he would check on it and respond to the Board. The motion passed six to one with Commissioner Webb voting in opposition to the motion.
Upon motion by Commissioner Webb, seconded by Commissioner Coble, the Board voted unanimously to approve the items on the consent agenda.
AMENDMENT OF EMS FEE POLICY TO WAIVE SPECIAL EVENT FEES
FOR MUNICIPAL- AND COUNTY-OFFERED EVENTS
Specific Action Approved: The Board of Commissioners approved an amendment to the EMS fee policy by providing for a waiver of the special-event fee for municipal- and Count-offered events at which an attendance of 5,000 persons or more per event day is reasonably anticipated, and for certain schedule firefighter training exercises.
ACCEPTANCE OF $30,092 FROM THE NC DIVISION OF PUBLIC HEALTH
FOR THE PUBLIC HEALTH EMERGENCY PREPAREDNESS
PANDEMIC FLU PLANNING
Specific Action Approved: The Board of Commissioners accepted $30,092 of non-recurring funds to provide regional support for pandemic flu planning and preparedness and revises the budget accordingly.
ACCEPTANCE OF $75,000 FROM COMMUNITY CARE OF
NORTH CAROLINA TO INTEGRATE MENTAL HEALTH CARE
INTO PRIMARY CARE SETTINGS
Specific Action Approved: The Board of Commissioners accepted $75,000 in one-time funds from Community Care of North Carolina for mental health care in primary care settings, and revises the budget accordingly.
AMENDMENT TO A MULTI-YEAR LEASE OF OFFICE SPACE
FOR THE RELOCATION OF THE REGISTER OF DEEDS AND
WAKE COUNTY REVENUE DEPARTMENT
Specific Action Approved: The Board of Commissioners approved an amendment to the lease agreement with TSO Fayetteville, LLC for approximately 37,502 square feet in the One Bank of America Plaza Building located at 421 Fayetteville Street in Raleigh for a term commencing September 1, 2007, and ending June 30, 2013, containing the terms and conditions listed herein; and further, authorized the County Manager to execute the lease amendment on behalf of Wake county subject to terms and conditions acceptable to the County Attorney.
REGULAR AGENDA ITEMS
TO CONSIDER APPROVAL OF UP TO $8,000,000 IN REVENUE BONDS
TO BE ISSUED BY THE WAKE COUNTY INDUSTRIAL FACILITIES AND
POLLUTION CONTROL FINANCING AUTHORITY FOR THE
NORTH CAROLINA MUSEUM OF ART FOUNDATION
Mr. John Earwood, Bond Counsel for Industrial Facilities and Pollution Control Financing Authority, stated the foundation has agreed to provide support TO THE North Carolina Museum of art for construction and development of new building space and parkland on the Museum’s existing campus in Raleigh.
On June 30, 2007, Wake County and the Foundation entered into an agreement for the County to provide $15,000,000 in hotel/motel occupancy tax and prepared food and beverage tax revenues for construction of the Project. The first $6,000,000 was provided on July 6, 2007, and the remaining $9,000,000 is to be paid in monthly installments of $83,333 beginning on September 30, 2008 and running through September 30, 2017.
In order to build the Project now, the Foundation has agreed to borrow funds from RBC Centura Bank (which was selected in an RFP process) and repay the loan with the revenue stream from its agreement with the County. For that loan to be made on a tax-exempt basis, the Foundation has requested that the Wake County Industrial Facilities and Pollution Control Financing Authority (the “Authority”) issue a revenue bond to RBC Centura, and lend the proceeds of that bond to the Foundation. The Foundation will promise to pay the Authority sufficient funds to pay principal and interest on that Note, but only from funds it receives from the County Agreement.
Commissioner Bryan asked if the Local Government Commission (LGC) was part of this process. Mr. Earwood said they have discussed this with the LGC. They would be approving these bonds in September or October. Scott Warren stated they have talked with the appropriate parties involved and supported the request.
Chairman Gurley opened the public hearing.
Gray Styers, member of the Industrial Facilities and Pollution Control Financing Authority, said he was very excited about this project. They have not had many requests for this type of financings in the past and he is excited about this undertaking. This proposal is an asset to the community.
Commissioner Gardner asked for some history of this process. Mr. Styers stated the Industrial Facilities and Pollution Control Financing Authority has been in effect for numerous years. There have been two or three of these type financings since he’s been involved. The tax-exempt status is the purpose behind this Authority’s action.
Chairman Gurley closed the public hearing when no one else wished to speak.
NOTICE OF PUBLIC HEARING REGARDING
SPECIAL PURPOSE REVENUE BOND TO BE ISSUED
BY THE WAKE COUNTY INDUSTRIAL FACILITIES
AND POLLUTION CONTROL FINANCING AUTHORITY
Notice is hereby given that the Board of Commissioners of Wake County will hold a public hearing on August 20, 2007, at 2:00 p.m. (or as soon thereafter as it may be heard), at the Wake County Courthouse, 335 S. Salisbury Street, Room 700, 7th Floor, Raleigh, North Carolina 27602, concerning the proposed issuance and sale by The Wake County Industrial Facilities and Pollution Control Financing Authority (the “Authority”) of its Special Purpose Revenue Bond (North Carolina Museum of Art Foundation Project), Series 2007 (the “Bond”) in an amount not to exceed $8,000,000. The proceeds of the Bond will be loaned to the North Carolina Museum of Art Foundation, Inc, (the “Foundation”), which will use the proceeds to provide one or more grants to the Department of Cultural Resources of the State of North Carolina (the “State”) to be used to finance a portion of the cost of an expansion of the North Carolina Museum of Art (the “Museum”), which is owned and operated by the State. The expansion will include additions to the Museum’s campus consisting of a complex of five pavilions (approximately 120,000 square feet) to house the Museum’s permanent collection, redesign of the Museum’s existing building into a Center for Education and Creativity and improvement to 100 acres of park space on the Museum’s campus (collectively, the “Project”), all located at 2110 Blue Ridge Road, Raleigh, North Carolina. The Project will be owned and operated by the State. Information with respect to the Foundation’s proposal is on file and is open for inspection at the office of the Wake County Budget Director, 337 S. Salisbury Street, Raleigh, North Carolina 27601 during business hours.
Any person interested in the issuance of the Bond or the location or nature of the Project may appear and be heard. Any person who wishes to make comments in writing on the proposed issuance of the Bond or the Project may do so, within fourteen (14) days, to The Wake County Industrial Facilities and Pollution Control Financing Authority and the Board of Commissioners of Wake County, c/o Clerk of Board of Commissioners, P.O. Box 550, Suite 1100, Raleigh, North Carolina 27602.
BOARD OF COMMISSIONERS
Wake counTY, NORTH CAROLINA
Extract of Minutes
of Meeting of
August 20, 2007
Present: Chairman Tony Gurley presiding, and Commissioners: Lindy Brown, Joe Bryan, Paul Coble, Kenn Gardner, Betty Lou Ward and Kenn Gardner:
* * * * * * * *
Commissioner Gurley introduced the following resolution, the title of which was read:
WHEREAS, The Wake County Industrial Facilities and Pollution Control Financing Authority (the “Authority”) has been requested to assist in the financing under the North Carolina Industrial and Pollution Control Facilities Financing Act (the “Act”) of a special purpose project for the North Carolina Museum of Art Foundation, Inc., a North Carolina nonprofit corporation (the “Foundation”), the proceeds of which will be used by the Foundation to provide a grant to the North Carolina Department of Cultural Resources (the “State”) to be used to finance a portion of the cost of a proposed expansion to the North Carolina Museum of Art (the “Museum”), including a complex of five pavilions to house the Museums permanent collection, redesign of the Museum’s existing building, and improvement of park space (collectively, the “Project”); and
APPROVAL IN PRINCIPLE OF SPECIAL PURPOSE PROJECT FOR THE NORTH CAROLINA MUSEUM OF ART FOUNDATION, INC. AND THE FINANCING THEREOF WITH SPECIAL PURPOSE REVENUE BOND ISSUED BY THE WAKE COUNTY INDSUTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY IN THE PRINCIPAL AMOUNT OF UP TO $8,000,000
WHEREAS, the Board of Commissioners today has held a public hearing with respect to the Project and the issuance of bonds by the Authority therefor, as evidenced by the Certificate and Summary of Public Hearing attached hereto as Exhibit A; and
WHEREAS, the Foundation has requested the Authority to issue its Special Purpose Revenue Bond (North Carolina Museum of Art Foundation Project), Series 2007 (the “Bond”) in the principal amount of up to $8,000,000 which will be privately placed with a single financial institution; and
WHEREAS, Section 147(f) of the Code requires that the Board of Commissioners approve the plan of financing for the issuance of the Bond by the Authority; and
WHEREAS, under Section 159C-4 of the Act, the issuance of bonds by the Authority must be approved by the governing body of the county in which the Project to be financed under the Act is located;
NOW, THEREFORE, the Board of Commissioners of Wake County, meeting in regular session at Raleigh, North Carolina, on August 20, 2007, does the following:
BE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR WAKE COUNTY:
1. The proposed “special purpose project” described above and the issuance of bonds by the Authority in an amount not to exceed $8,000,000 therefore are hereby approved in principle. 3. The issuance of the Bond by the Authority in the principal amount of $8,000,000 is hereby approved for purposes of Section 159C-4 of the Act.
2. The Board of Commissioners hereby approves the plan of financing as required by Section 147(f) of the Code.
Commissioner Ward moved the passage of the foregoing resolution and Commissioner Gardner seconded the motion, and the resolution was passed by the following vote:
Ayes: Commissioners Brown, Bryan, Coble, Gardner, Gurley, Ward and Webb.
* * * * * * *
I, Susan Banks, Clerk to the Board of Commissioners for the County of Wake, North Carolina DO HEREBY CERTIFY that the foregoing is a true and complete copy of so much of the proceedings of the Board of Commissioners for the County at a regular meeting duly called and held August 20, 2007, as it relates in any way to the resolution hereinabove set forth, and that said proceedings are recorded in Minute Book ____ of the minutes of the Board. Pursuant to N.C.G.S. § 143-318.12, a current copy of a schedule of regular meetings of the Board is on file in my office.
WITNESS my hand and the common seal of said County, this 20th day of August, 2007.
Certificate and Summary
The undersigned Clerk of the Board of Commissioners of Wake County, North Carolina, hereby certifies:
1. Notice of a public hearing (the “Hearing”) to be held on August 20, 2007, with respect to the issuance of bonds by The Wake County Industrial Facilities and Pollution Control Financing Authority (the “Authority”) for the benefit of the North Carolina Museum of Art Foundation, Inc., a North Carolina nonprofit corporation or a related or affiliated entity (the “Company”) was published on August 6, 2007, in The News & Observer.
2. The presiding officer of the Hearing was Chairman Tony Gurley.
3. The following is a list of the names and addresses of all persons who spoke at the Hearing:
Gray Styers,1117 Hillsborough Street, Raleigh, NC 27603, and member of the Industrial Facilities and Pollution Control Financing Authority, spoke in support of the revenue bonds.
4. The following is a summary of the oral comments made at the Hearing:
There was only one speaker and he spoke in favor of the revenue bonds.
IN WITNESS WHEREOF, my hand and the seal of Wake County, this 20th day of August, 2007.
REQUEST FOR GRAVE DISINTERMENT, REMOVAL, AND RE-INTERMENT
FOR THE WALL CEMETERY, LOCATED ON THE SOUTHERN SIDE OF
BURLINGTON MILLS ROAD, JUST EAST OF ITS INTERSECTION
WITH TUCKAHOE TRACE IN THE VICINITY OF ROLESVILLE
Mr. Keith Lankford reported the Planning Office received a request from Mr. John W. Clauser, Jr. of Grave Concerns to remove the remains within 19 graves. There are four marked graves including one identified grave within the cemetery. The headstone for the identified grave is inscribed “Willie Verne, Son of W.E. & C.L. Wall, Feb. 11, 1911 – July 11, 1915” (see attached petition). The cemetery is located in a 2,500 square-foot area on a 45.79-acre parcel located just southeast of the intersection of Burlington Mills Road and Tuckahoe Trace (see Exhibits 2 and 3). The property is located within the Town of Rolesville’s extra-territorial jurisdiction (ETJ) and is zoned as R-30. The removal of the graves will allow for future development of the property. The petitioner intends to re-inter the remains of Willie Verne Wall within the Harris Chapel Cemetery located near the intersection US Highway 401 and Tarboro Road. The remains of the other 18 graves will be re-interred within Wake Crossroads Cemetery located off of US Highway 401 near the Neuse River Bridge. Each of the cemeteries is located approximately five miles from the existing site.
Mr. Lankford noted that there was no historical significance of these graves noted by Gary Roth with Wake County’s Capital Area Preservation (CAP) and Irene Kittinger for the Wake County Cemetery Survey. Mr. Lankford also reported there have been no calls received in reference to this project.
Chairman Gurley called for the public hearing.
Mr. John Clauser, Jr. said they have followed the law exactly and this is being done by family members. They have not been able to identify the next of kin but are identified as kin. Commissioner Bryan said this board has not moved graves for no reason. Mr. Clauser said he has no personal information but there are plans for the site to be developed. Chairman Gurley said this property is a potential school site.
Mr. Lankford reported that staff recommends that the Board of Commissioners approve the request.
Upon motion by Commissioner Ward, seconded by Commissioner Webb, the Board voted six to one to approve the request to disinter, remove and re-inter graves at the Wall Cemetery. Commissioners in favor of the motion were: Brown, Coble, Gardner, Gurley, Ward and Webb. Commissioner Bryan voted in opposition to the motion.
There were no public comments.
PROPOSAL TO REZONE 19.98 ACRES LOCATED ON THE NORTHERN SIDE OF
POOLE ROAD BETWEEN GOLDENFIELD DRIVE AND SMITHFIELD ROAD
FROM RESIDENTIAL-30 TO CONDITIONAL USE-HEAVY COMMERCIAL
Mr. Keith Lankford presented the request from Petitioner Amanda Powell to rezone 19.98 acres from Residential-30 (R-30) to Conditional Use-heavy Commercial (CU-HC) to allow for a variety of non-residential uses. The property is located on the northern side of Poole Road between Goldenfield Drive and Smithfield Road from Residential-30 (R-30) to Conditional Use-Heavy Commercial (CU-HC). The entire 20-acre parcel has been broken up into two parcels. The proposal does not comply with the East Raleigh/Knightdale area land use plan. Citizens were concerned with the 22 permissible uses that could occur with this rezoning. Staff is concerned that approval of this request would set a precedent.
1. The proposal is not consistent with the East Raleigh/Knightdale Area Land Use Plan because the site is not located within an activity center.
2. The proposed rezoning petition is not consistent with the Land Use Plan’s residential designation.
3. The Town of Knightdale is opposed to the rezoning of this site (the site is in their LRUSA).
4. The planning staff is concerned about the loss of tree and vegetation and the potential for erosion and sedimentation resulting from the mass grading of Area B prior to the approval of a specific development plan.
5. The planning staff is concerned about the viability of several of the petitioner’s proposed conditions as noted throughout this report.
6. The planning staff is concerned about the exhibit’s representation of Areas A and B and the various issues that such delineation would create as noted in the staff report.
7. The site should be subdivided prior to any development activity and a 50-foot public right-of-way needs to be dedicated for future development of the parent parcel.
8. The applicant should address any non-conforming issues related to the existing residential driveways that cross the site prior to any development activity.
Planning Staff Recommendation: The Planning Staff recommends denial of the requested zoning map amendment with the petitioner’s proposed conditions.
Planning Board Recommendation/History
The Planning Board recommended at their May 2, 2007 meeting, by a vote of 4 to 2 that the Board of Commissioners deny the zoning map amendment with the petitioner’s original proposed conditions.
The petitioner proposed different conditions to the Board of Commissioners at the June 18, 2007 public hearing, so the item was deferred back to the Planning Board so that the petitioner’s revised conditions could be considered.
The Planning Board considered the petitioner’s revised conditions and recommended at their July 18, 2007 meeting, by a vote of 5 to 3 that the Board of Commissioners deny the zoning map amendment with the petitioner’s revised proposed conditions.
Chairman Gurley opened the public hearing.
Ms. Amanda Powell, representing the Royal B. Hopkins family said this is a unique case. She said they heard that residential is not ideal for this property based on lack of public utilities. There are no Knightdale services and there is a fire station around two miles away. The case was crafted to try to meet a compromise. The conditions would allow the property owner to use the property now and not have to wait for changes in the area. They heard the commissioners concerns and went back reconfigured their request. They want to phase in the back half of the lot. It may be 7-10 years before public utilities is provided in this area. The development that could occur would be in compliance with the site plan and rezoning request. Road improvements, right of way dedication, and other infrastructure would have to be addressed. The property was broken into two areas. Commercial development is interested in this project. Based on the interest they’ve received, they felt they should break up the property into two parcels. The activity center is located 550 feet from the nearest intersection.
Greg and Paula Hopkins own the property and have their parents’ home in this community. They are not big developers and they have a vested interest in this community.
Don Dembrosey special points that this is involved with. They look to the future when looking at property. This property is sandwiched between two compliant uses. He spoke about the completion of the parcel based activity center. It is a very large acreage but only the small parcel houses the general store. The bulk of the area still remains the current zoning. They want to get out there on this property to be ahead of what’s taken place. He questioned what is feasible today versus the long term utilities. They could step in and help it grow in the right direction to maintain balance between residential and commercial areas. They request to amend the land use plan and approve the rezoning request. They are interested in how to annex the property. This would allow the property owner to make moves towards the future and the property would be ready for the Town of Knightdale to use as commercial.
Kimberly Harris owns 3936 and 3930 Smithfield Road and stated that the additional information provided by the petitioner does not address her concerns. They bought their property and thought the property behind it was residential. They do not intend on moving but since the opening of the Highway 64 Bypass she can not get out of her driveway.
Mike Frangos, Knightdale Planning Director, said he has been in contact with the County staff. He recommends the denial of this request because of concerns for future land use patterns. He does have the right to develop his property. Knightdale has this area as neighborhood design designation and rezoning it would cause problems.
Planning Board Recommendations: Mr. John Miller said they debated this matter again with the revised plans and considered the expansion of the activity center. This request still goes against the County’s Land Use Plan and the Planning Board did not support the approval of something that is not part of the parcel based system. He questioned if it was adequate to expand the neighborhood. The Planning Board voted 5 to 3 on July 18th to deny the rezoning request.
Ms. Sharon Peterson said the activity center started out as a circle. The parcel is not located within an activity center as designated on the East Raleigh/Knightdale Area Land Use Plan, which established parcel-based activity centers. The property owner wanted to allow for commercial and light industrial uses versus the designated residential uses for the subdivision. It went from a circle to parcel based. This would not be a harsh area for commercial. The large tracts are zoned R-30. Sharon Peterson said this area received the activity center designation in 1998. They filed for a rezoning in December 2006 and then filed a land use plan. They were then told to wait for next step. She stated that a proposed rezoning must be consistent with the Land Use Plan as stated in the County’s UDO.
Commissioner Ward noted that this was a very tough decision.
Mr. Lankford presented the staff recommendation for denial of this rezoning request.
Chairman Gurley closed the public hearing after asking for any additional comments.
Commissioner Brown said a deciding factor in this case is that commissioners try to work with the municipalities. She said she hoped they would bring this request back in a couple of years. Commissioner Ward said she could understand the staff’s perspective on this request because the request may be premature for this property.
Commissioner Coble asked how close the property was to Wendell Falls. The property is about one-half mile away from Wendell Falls. He said they are trying to save some for residential along of US 64 corridor. This is a unique situation and the landowner should have rights to do their property as they wish.
Commissioner Coble motioned to approve the rezoning request which was seconded by Commissioner Bryan. Commissioners in favor of the motion were Bryan, Coble, Gardner and Gurley. Commissioners opposed were Brown, Ward and Webb.
ORDINANCE AMENDING THE WAKE COUNTY ZONING MAP TO
REZONE 19.98 ACRES, LOCATED ON THE NORTHERN SIDE OF POOLE ROAD APPROXIMATELY 500 FEET WEST OF ITS INTERSECTION WITH SMITHFIELD ROAD, FROM RESIDENTIAL-30 (R-30) TO CONDITIONAL USE- HEAVY
WHEREAS, the requested rezoning consists of 19.98 acres, located on the northern side of Poole Road approximately 500 feet west of its intersection with Smithfield Road, from Residential-30 (R-30) to Conditional Use-Heavy Commercial (CU-HC);
WHEREAS, the effect of the rezoning request would be to allow for a variety of non-residential uses on the site, which is currently limited to residential uses and supportive uses such as schools, churches, and daycares.
WHEREAS, the site lies within the Town of Knightdale’s Long-Range Urban Services Area (LRUSA) as shown on the Wake County Land Use Plan’s General Classifications Map;
WHEREAS, the East Raleigh/Knightdale Area Land Use Plan designates this area as residential with a density of less than one and a half (1 ½) dwelling units per acre;
WHEREAS; the proposal does NOT comply with the East Raleigh/Knightdale Area Land Use Plan since the site is designated primarily for residential uses;
WHEREAS; the proposal does NOT comply with the East Raleigh/Knightdale Area Land Use Plan since the site is not within a designated Activity Center;
WHEREAS, the proposal is NOT consistent with the Wake County Land Use Plan, the Wake County Planning Staff has recommended that the Board of Commissioners DENY the rezoning petition;
WHEREAS, on May 2, 2007, the Wake County Planning Board voted 4 to 2 to recommend that the Board of Commissioners DENY the proposed zoning map amendment with the petitioner’s proposed conditions;
WHEREAS, on June 18, 2007, the Wake County Board of Commissioners held a public hearing to consider the rezoning petition, which now included revised conditions, and deferred the matter back to the Planning Board for their consideration of the petitioner’s revised conditions;
WHEREAS, on July 18, 2007, the Wake County Planning Board, voted 5 to 3 to recommend that the Board of Commissioners DENY the proposed zoning map amendment with the petitioner’s proposed conditions;
WHEREAS, the Wake County Board of Commissioners held a duly-noticed public hearing on August 20, 2007 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:
The proposed rezoning is found to be inconsistent with the East Raleigh/Knightdale Area Land Use Plan with regards to its designation for primarily residential uses, and the site’s not being located within a designated Activity Center. The Wake County Zoning Map is hereby NOT amended to rezone the property described above from Residential-30 (R-30) to Conditional Use-Heavy Commercial (CU-HC).
In making this petition, the owner freely offers the following conditions to be applied to the Conditional Use-Heavy Commercial (CU-HC):
1. Buildings facing Poole Road will be designed with residential characteristics.
2. The following permitted uses of the HC district shall be prohibited:
Manufacturing, Production and Industrial Service (artisan and limited/light)
Sexually Oriented Business
Bars and Nightclubs
Other eating / drinking establishments
3. The site shall be constructed such that connection to public utilities can be made should the opportunity become available in the future. Any easement(s) necessary for the purpose of future utility connection shall be created at the time of site plan.
4. For development phasing purposes, the subject parcel of 19.98 acres shall be divided into two sections (Area A and Area B). Development of each section shall be subject to the respective set of conditions stated below:
Area A: (12 acres)
Prior to the ability for the entire 19.98 acres to be connected to public sanitary sewer and water (public utilities) from the Town of Knightdale, Area A shall be developed as follows:
1. All necessary easements for future sanitary sewer collection and water distribution shall be provided within Area A to assure that this acreage can be connected to public utilities when they become immediately available.
2. Cumulative, initial development of Area A prior to public utility availability from Knightdale shall be limited to a maximum wastewater discharge to septic treatment facilities of 2,250 gallons per day.
3. Cumulative, initial development of Area A prior to public utility availability from Knightdale shall be limited to a maximum of 1000 vehicle trips per day.
4. Signage will be in compliance with the Town of Knightdale sign ordinance.
Area B: (7.98 acres)
1. Area B shall be reserved for development until July 1st, 2011 or such time that the Town of Knightdale has extended their services to this area and compliance with Knightdale standards is appropriate, whichever comes first. This condition shall not preclude Area B from being graded at the time that Area A is, so that the entire acreage can be balanced at once. After grading, Area B will be seeded and landscaped
This ordinance to NOT amend the Wake County Zoning Map shall become effective upon its adoption.
Commissioner Coble made a motion that the above ordinance be adopted. Commissioner Bryan seconded the motion, and upon vote, the motion carried this 20th day of August 2007.
This Instrument Approved as to Form
Wake County Attorney Date
Chairman Gurley called for a short break at this time.
ANNUAL SETTLEMENT OF REVENUE COLLECTOR
Mr. Emmett Curl, Director of Revenue Services, presented the annual settlement report. He stated that Wake County has the highest percentage of collections of any county in the state for real property with a 99.66% collection rate. This rate does not include motor vehicles. On motor vehicles, Wake County is in fifth place with a collection rate of 90.39%. Starting in 2010, this process will change and be taken over by the state. Delinquent payments will be charged fees of 5%. The State will collect the vehicle taxes and should pass the funds on to the counties. Commissioner Bryan congratulated Mr. Curl on his success in bringing the tax collection rate up. The Board accepted Mr. Curl’s report as required by North Carolina General Statute 105-373, which states the tax collector shall make a sworn report to the governing body of the taxing unit and make a full statement for all taxes (current and prior years) in his hands for collection for the preceding fiscal year.
INTERLOCAL AGREEMENT WITH FRANKLIN COUNTY
FOR WAKE EMS SYSTEM DELIVERY OF EMERGENCY MEDICAL SERVICES
TO THE RICHLAND HILLS SUBDIVISION
Mr. John Rukavina reported that they have worked with Franklin County on this agreement for about six months. This agreement is an effort to eliminate any confusion on service coverage areas. If the county responds into their area, they will reimburse the county.
Motion by Commissioner Ward, seconded by Commissioner Brown, the Board voted unanimously to authorize the County Manager to enter into an Interlocal Agreement with Franklin County, North Carolina that authorizes extension of the boundaries of the Wake EMS System (and Wake EMS System response) into the Richland Hills subdivision in Franklin County.
REALLOCATION OF CIP FUNDS (SECOND READING)
Mr. Mike Burris explained the reallocation request by noting the savings of $6,544,640 in CIP 2006 projects. The amount of savings in this request ($6,544,640) bring the total savings to $41,941,301. Savings were generated from the River Bend, Banks Road, Lynn road and East Millbrook projects. Additionally, the Board of Education request a reallocation of project funds of $2.0 million from Elementary E-28 to Elementary E-21 due to E-21 being available to open earlier than E-28.
Upon motion by Commissioner Webb, seconded by Commissioner Brown, the Board of Commissioners unanimously voted to approve the request from the Board of Education to reallocate CIP 2006 funds.