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    Minutes of 05/15/06 Board of Commissioners' Meeting (adopted)

48
REGULAR SESSION – FIRST DAY May 15, 2006

The Wake County Board of Commissioners met in regular session Monday, May 15, 2006,
at 2:00 p.m. in the Commissioners’ Meeting Room, Room 700, Wake County Courthouse, Raleigh,
North Carolina. Commissioners present were Joe Bryan, Herbert H. Council, Kenneth M. Gardner,
Phil Jeffreys, Betty Lou Ward, Harold H. Webb and Chairman Tony G. Gurley.
Also present were the County Manager, Mr. David C. Cooke; the County Attorney,
Mr. Michael R. Ferrell; and Mr. Matthew Roylance of the County Manager’s Office.
Chairman Gurley called the meeting to order.
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PLEDGE OF ALLEGIANCE
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INVOCATION
Chairman Gurley offered the invocation.
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APPROVAL OF AGENDA
Upon motion of Commissioner Ward, seconded by Commissioner Council, the Board unanimously approved the agenda with the addition of the item, “National Foster Care Month.”
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APPROVAL OF MINUTES
Upon motion of Commissioner Ward, seconded by Commissioner Bryan, the Board unanimously approved the minutes of May 1, 2006 and May 8, 2006
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RECOGNITION OF PROCUREMENT STAFF
The Wake County Procurement Services staff was recognized on receiving the Sustained Professional Purchasing Award. This annual award is presented by the Carolina Association of Governmental Purchasing (CAGP) to local units of government in North and South Carolina that have demonstrated high standards in the purchasing profession. The award was presented at the CAGP Conference in New Bern, NC, on March 5, 2006.
The County Manager also recognized Angela Buffaloe on receiving the Lifetime Certified Local Government Purchasing Official designation. Ms. Buffaloe has earned the lifetime designation having achieved and maintained the certification 20 years or more in direct governmental purchasing experience.
The Commissioners congratulated the Procurement Services staff members and
Ms. Buffaloe on receiving the awards.
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RECOGNITION OF FOSTER CARE MONTH
Commissioner Gardner made brief comments on the month of May being National Foster Care Month. He cited statistics on foster care both nationally and in Wake County noting that currently there are one-half million children in foster care across the United States with approximately 10,000 here in North Carolina.
The Commissioner also commented on his Foster Care Scholarship Program which was founded to raise funds to assist those foster students desiring to attend college. The interview process has been completed for this year and five students in our community will receive full tuition and books through the scholarship program. He expressed appreciation to all those involved in the foster care program—parents, the business community and Wake County employees.
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WORKFORCE DEVELOPMENT PROJECT ORDINANCE
BUDGET AMENDMENT
The Capital Area Workforce Development Consortium is requesting the incorporation of the following funding authorizations to the Workforce Development Project Ordinance:
1) NFA#34-00096 authorizing $25,000 in Program Year 2005 Workforce Investment Act (WIA) JobLink Chartering funds for the JobLink Career Center at Swinburne. 2) NFA#34-00087 authorizing Program Year 2005 Workforce Investment Act Business Liaison Services funds in the amount of $30,823 to support local areas in connecting WIA services to businesses.
Board unanimously approved the acceptance of Workforce Development funding in the amount of $55,823 to the Workforce Development Project Ordinance with the appropriate budget revisions to increase appropriations in the Workforce Development Special Revenue Fund.
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DEDICATION OF TREE CONSERVATION EASEMENT
TO CITY OF RALEIGH – WAKE COUNTY OFFICE PARK
The Rural Center, located in the Wake County Office Park, has recently proposed a 5450 SF expansion which would include a conference center and support spaces. As a condition of the approval of the site plan submitted to the City of Raleigh for this expansion, the County will be required to convey to the City a Tree Conservation Easement on certain identified areas of the Office Park property. The location of these tree protection areas has been reviewed by staff and it has been determined that the protection of these areas will not have a negative impact on the current or future plans for the development of the remaining Office Park property.



Upon motion of Commissioner Jeffreys, seconded by Commissioner Gardner, the Board unanimously approved the dedication of a tree conservation easement to the City of Raleigh on approximately 4.28 acres of the Wake County Office Park property, as presented and identified on a map of the Park property, to facilitate the Rural Center expansion project.
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REQUEST FROM WAKE COUNTY BOARD OF EDUCATION
REALLOCATE PLAN 2004 FUNDS FOR 2007 CROWDING SOLUTION
On April 18, 2006, the Board of Education approved a Plan 2004 reallocation request of $7,896,677 from program contingency to 2007 Crowding Solution, a new project added to Plan 2004 for purposes of tracking expenditures related to the 2007 Crowding Solution.
The 2007 Crowding Solution is comprised of relocating 100 mobiles, as well as the creation of ninth grade centers for Millbrook High, Garner High, Wakefield High, Cary High and Wake Forest/Rolesville High. All but Cary High’s ninth grade center will open for the 2007-2008 school year; Cary High’s ninth grade center will open for the 2008-2009 school year. The ninth grade centers for Millbrook, Garner, and Cary high schools will be housed at their respective schools. The ninth grade center for Wakefield High will be housed at a building formerly occupied by Winn Dixie and the ninth grade center for Wake Forest/Rolesville High would be housed at the Dubois Center.
Funds reallocated from Plan 2004 program contingency would cover the design and some site work of the crowding solutions, as well as bidding of the Wakefield High ninth grade center conversion. This work is planned to occur in the summer and early fall 2006, before the availability of funds from any future building programs.
Upon motion of Commissioner Bryan, seconded by Commissioner Ward, the Board unanimously adopted a resolution approving the request from the Board of Education to reallocate Plan 2004 funds for the 2007 Crowding Solution.
RESOLUTION
REALLOCATING FUNDS FOR 2007 CROWDING SOLUTION

FROM AMOUNT TO AMOUNT
Plan 2004 Program Contingency$7,896,677Plan 2004-2007 Crowding Solution$7,896,677
Plan 2004 Total$7,896,677Plan 2004 Total$7,896,677

Adopted this the 15th day of May 2006.
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REQUEST FROM WAKE COUNTY BOARD OF EDUCATION
TO APPROPRIATE PLAN 2004 FUNDS
On April 4, 2006, the Wake County Board of Education approved a Plan 2004 quarterly appropriation in the amount of $7,188,220. This request includes appropriation of environmental compliance and ADA funds, project management funds, funds for system wide projects, and technology funds.
Upon motion of Commissioner Gardner, seconded by Commissioner Webb, the Board unanimously adopted a resolution approving the request from the Wake County Board of Education to appropriate Plan 2004 funds for school capital building projects.
RESOLUTION
APPROVING APPROPRIATION OF PLAN 2004 FUNDING
FOR SCHOOL CAPITAL BUILDING PROJECTS
Design/Bid
Project Description Purpose Date Appropriation

Environmental Compliance & ADA Design &
Construction 7/1/06 $1,000,000

Project Management Project Mgmt. N/A 3,942,265

Systemwide Improvement Projects
Parent Volunteer Program Construction 7/1/06 113,269

Various Schools – ADA Needs from
Carter Burgess Survey Design &
Construction 7/1/06 566,343

Various Schools – ADA Playground Design & 7/1/06 566,343
Surfaces Construction

Technology Design & 7/1/2006 1,000,000
Construction
_____________
Total $7,188,220


Adopted this the 15th day of May 2006.
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COMMUNITY DEVELOPMENT BLOCK GRANT AND
HOME COOPERATION AGREEMENTS
Wake County was designated an “Urban County” by the US Department of Housing and Urban Development in 1992 when the population outside the corporate limits of Raleigh reached 200,000. This designation enables Wake County to receive the following four entitlement grants from HUD: a) Community Development Block Grant - $1,552,397; b) HOME Grant –
$59,928; c) Emergency Shelter Grant - $102,882; and d) Housing Opportunities for Persons with AIDS Grant - $337,000. These Cooperation Agreements require renewal every three years with the current renewal period for years 2007-2009.
The following towns participate in Wake County’s entitlement program: Apex, Garner, Fuquay-Varina, Knightdale, Morrisville, Rolesville, Wake Forest, Wendell and Zebulon. The unincorporated areas of Wake County are also served through the entitlement program.
Upon motion of Commissioner Ward, seconded by Commissioner Jeffreys, the Board unanimously authorized the Chairman of the Board of Commissioners to sign the resolution and three-year Cooperation Agreements to enable Wake County to remain an entitlement community through June 30, 2010.
RESOLUTION TO ADOPT A COOPERATION AGREEMENT
TO PARTICIPATE IN THE
COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAMS FOR FEDERAL FISCAL YEARS 2007, 2008, 2009

WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") has determined that Wake County (the "County") is eligible to retain its status as an "urban county" under the Community Development Block Grant (CDBG) program; and is eligible to be a "participating jurisdiction" under the HOME program, thereby ensuring that the County receives annual funds under the programs; and,

WHEREAS, these designations depend upon the County having 200,000 residents outside the City of Raleigh to participate in these programs; and,

WHEREAS, the County extends an invitation to the Towns of Apex, Fuquay-Varina, Garner, Knightdale, Morrisville, Rolesville, Wake Forest, Wendell and Zebulon (the "Towns") to form a partnership with the County by renewing their participation in the CDBG and HOME programs for the period July 1, 2007 through June 30, 2010; and,

WHEREAS, the County offers to extend the CDBG and HOME programs to cover the entirety of the Towns and its extraterritorial jurisdiction; and,

WHEREAS, CDBG and HOME funds under these programs would be used to meet the housing and community development needs of primarily low and moderate income residents of the County and the Town; and,

WHEREAS, it is anticipated that the benefits of the County's CDBG and HOME programs will be greater than those that may be derived from the Towns attempting to secure comparable funding independent of the County's program.

NOW, THEREFORE, BE IT RESOLVED that the Towns elect to participate in the Wake County CDBG and HOME programs, and also elect to have their population included in the calculation of the County's CDBG and HOME funds by HUD.

BE IT FURTHER RESOLVED, that the County and the Towns shall formalize their participation in the Wake County CDBG and HOME programs by becoming parties to a Cooperation Agreement, which covers each of the years (July 1, 2007 through June 30, 2010) embodied in the Cooperation Agreement.
respective chief elected officials to execute said Cooperation Agreement.

BE IT FURTHER RESOLVED, that said Cooperation Agreement shall be appended to this resolution and made part of the official minutes of the board for this date.

Adopted this the 15th day of May 2006.
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WAKE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAM
COOPERATION AGREEMENT
FEDERAL FISCAL YEARS 2007, 2008, 2009

STATE OF NORTH CAROLINA
COUNTY OF WAKE

This cooperation agreement made this ____ day of ________, 2006, by the COUNTY OF WAKE a body politic and corporate of the State of North Carolina (hereinafter referred to as the "County") and the TOWN OF ________________, a municipal corporation of the State of North Carolina (hereinafter referred to as the "Town").

WHEREAS, the United States Department of Housing and Urban Development (hereinafter referred to as "HUD") has determined that the County is eligible, as an "Urban County", to receive entitlement Community Development Block Grant (CDBG) funds under Title I of the Housing and Community Development Act of 1974, as amended; and,

WHEREAS, HUD has determined that the County is eligible, as a "Participating Jurisdiction", to receive HOME funds under Titles I and II of the Cranston-Gonzalez National Affordable Housing Act, HOME Investment Partnership Act (HOME), as amended. These funds are to be used to address certain needs of predominantly low and moderate income persons with CDBG and HOME funds to be made available through Federal Fiscal Years (FFY) 2007, 2008, and 2009 appropriations and any program income derived from the expenditures of CDBG and HOME funds; and
WHEREAS, the funds received by the County will be used to improve the quality of housing, public facilities, certain public service capital needs, construct new affordable housing and to create and/or retain jobs, predominantly for low and moderate income persons; and

WHEREAS, the funds would benefit low and moderate income residents of the County's incorporated municipalities, should the needs of such persons in such municipalities be included in the Wake County CDBG and HOME programs; and

WHEREAS, Wake County invites the incorporated, non-entitlement municipalities located in Wake County to participate in the County CDBG and HOME programs, once said municipalities dedicate their population counts in support of the County formula allocation of funds; and

WHEREAS, the County agrees to carry out the objectives of the Housing and Community Development Act of 1974, as amended, and HOME Investment Partnership Act, as amended, throughout the unincorporated areas of the County and within those incorporated municipalities party to this agreement; and,

WHEREAS, the County agrees to submit to the Town for review and comment any plans, involving the use of HOME funds for implementation, affecting the Town.

NOW, THEREFORE, BE IT AGREED that the Town hereby elects to participate in the County's CDBG and HOME programs, with the understanding that this binding decision means that for the period October 1, 2007 - September 30, 2011 (the three program years plus an additional year for implementation of projects begun during the three year period) the Town is not eligible to apply for a Small Cities CDBG grant from the North Carolina Department of Commerce, Division of Community Assistance (or its successor agency) or participate in a HOME consortium except through the Urban County, regardless of whether the Urban County receives a HOME formula allocation. The Town further pledges its willingness to undertake or assist in the undertaking of eligible activities funded by the Wake County CDBG and HOME programs. Pursuant to this agreement, the governing board of the Town hereby grants Wake County the authority to undertake and administer Housing and Community Development activities within the municipal limits and extraterritorial jurisdiction of the Town.



BE IT FURTHER RESOLVED that the County will administer the CDBG and HOME funds received from HUD. The County agrees to actively request the Town's involvement in the CDBG and HOME Programs and the County agrees to consider the Town's interests in undertaking eligible CDBG and HOME activities. The County will have the responsibility for approving projects as eligible for funding, after consultation with the Town's management. The County will also have the responsibility for filing the annual final statement and other reports to HUD. The Town will provide any documentation required by HUD to the County, with technical assistance from the County, for projects funded with CDBG or HOME funds in the Town.

BE IT FURTHER RESOLVED that the Town and the County agree to cooperate, to undertake, or assist in undertaking community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing within the municipal limits and extraterritorial jurisdiction of said Town in order to effectively accomplish the purposes of the HOME Investment Partnership Act, Titles I and II of the Cranston-Gonzalez National Affordable Housing Act (P.L. 101-625), as amended.

BE IT FURTHER RESOLVED pursuant to the requirements of 24 CFR 570.501(b), if the County and Town agree at any time to enter into a Subrecipient Agreement for the expenditure of CDBG funds, the Town must execute a written Subrecipient Agreement as set forth in 24 CFR 570.503.

BE IT FURTHER RESOLVED that the Mayor, Town Manager or their designee, as appropriate or required, are hereby authorized to execute any and all documents necessary as a condition for the Town's participation under the terms of the aforementioned Housing and Community Development Act of 1974, as amended and HOME Investment Partnership Act, as amended. It is hereby agreed to by the parties signed hereto that neither party shall terminate this cooperation agreement after the date first written above nor before the end of the three year period (FFY 2007, 2008, 2009), established under the terms of the Housing and Community Development Act of 1974, as amended; except upon cancellation by HUD of its obligation to the County under the aforementioned Acts, or except if the County fails to qualify as an Urban County or if the County does not receive a CDBG grant in any year of the three year period previously identified.




BE IT FURTHER RESOLVED that the County and the Town will take all required actions to comply with the provisions of Section 104 (b) of Title 1 of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, and other applicable laws.

BE IT FURTHER RESOLVED that the County acknowledges that it is prohibited from funding activities in or in support of any cooperating Town that do not affirmatively further fair housing within its own jurisdiction or that impede the County's actions to comply with its fair housing certifications.

BE IT FURTHER RESOLVED that the Town agrees to affirmatively further fair housing within its jurisdiction and to assist the County in the preparation and implementation of its HUD approved Consolidated Plan during the period covered by this Agreement.

BE IT FURTHER RESOLVED that if any program income is generated as a result of expenditures of CDBG funds under Wake County CDBG Program, as defined under this agreement, that the provisions of 24 CFR 570.504(c) as well as the following specific stipulations shall apply:
A) The County acknowledges that any such program income must be accounted for by the end of the month in which the program income is generated;

B) The County acknowledges that it has the responsibility for monitoring and reporting to the US Department of Housing and Urban Development (HUD) on the generation of any such program income; C) This provision only applies to program income generated under the Wake County
BE IT FURTHER RESOLVED that this agreement may be automatically renewed for participation in successive three-year qualification periods, unless the County or the Town provides written notice that it elects not to participate in a new qualification period. A copy of the notice must be sent to the HUD field office. By the date specified in HUD's Urban County Qualification Notice for the next qualification period, the County will notify the Town in writing of its right to exclude its population from that of the Urban County. A copy of the County's notification must be sent to the HUD field office by the date specified in the Urban County Qualification Notice.
BE IT FURTHER RESOLVED that failure by either party to adopt an amendment to the agreement incorporating all changes necessary to meet the requirements for cooperation agreements set forth in HUD's Urban County Qualification Notice applicable for a subsequent three-year urban county qualification period, and to submit the amendment to HUD as provided in the Urban County Qualification Notice, will void the automatic renewal of such qualification period.

BE IT FURTHER RESOLVED that this agreement remains in effect until the CDBG and HOME funds and income received with respect to the three-year qualification period (and any successive qualification periods under agreements that provide for automatic renewals) are expended and the funded activities completed, and that the County and Town may not terminate or withdraw from the agreement while the agreement remains in effect.

BE IT FURTHER RESOLVED that Wake County and the Town have adopted and are enforcing:
AGREED AND EXECUTED this the _______ day of ________________ 2006.

FOR THE TOWN OF _________________, NC FOR WAKE COUNTY, NC

By ____________________________________ By:___________________________
(Mayor) Tony C. Gurley, Wake County
Board of Commissioners

Pursuant to a resolution Pursuant to a resolution
adopted by said Board on the adopted by said Board on the
____ day of _________2006 ____ day of ________2006


ATTEST: ATTEST:
_______________________________ ______________________________

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INTERLOCAL AGREEMENT WITH TOWN OF CARY AND
AWARD OF CONTRACT FOR CONSTRUCTION OF
PHASE 1B SANITARY SEWER SYSTEM IN RTP SOUTH

In 1989 Wake County, the Town of Cary and the Research Triangle Foundation entered into an agreement for providing water and sewer infrastructure for the Wake County portion of Research Triangle Park. This agreement was renegotiated and executed on October 28, 2003, and provides for the following conditions: 1) the County will construct the water and sewer lines necessary to provide service to sites of RTP South customers. Operation and maintenance of these facilities will be the responsibility of the Town of Cary; and 2) Cary will provide water and wastewater treatment to the customers of RTP South based upon available allocations from Jordan Lake and capacity at Cary’s wastewater treatment facilities. Cary will include in their budgeting and planning process, facilities needed to meet the projected water/sewer demands of RTP South
In early 2005 a master plan for completion of sanitary sewer facilities within RTP South was concluded. This plan included having the Town of Morrisville, the Town of Cary and Wake County jointly fund and construct the remaining necessary sanitary sewer facilities based upon projected peak flows from each jurisdiction. This joint venture would involve the construction of the sewer infrastructure by Wake County in phases to serve undeveloped sites in RTP South. In order to serve Cary/Morrisville development outside of RTP South many of the sewer lines were increased in size and lengthened in lieu of constructing separate facilities and/or pumping stations. Project costs would be allocated based upon the length and size of line utilized by either the County or the Town and the projected wastewater flows of each party.
In May of 2005, Wake County and the Town of Morrisville entered into an agreement to jointly fund and construct the Phase 1A portion of the master plan sanitary sewer facilities in RTP South. This project has recently been completed.


Due to the growth in the area around RTP South, it is now necessary to construct the Phase 1B sanitary sewer facilities included in the master plan. In April of 2006, the Town of Morrisville merged its utility infrastructure with the Town of Cary and the County has now developed an agreement with the Town of Cary to fund the design and construction of the Phase 1B facilities. The Town of Cary approved this agreement at its May 11, 2006 meeting. The Town of Cary will reimburse Wake County on a quarterly basis for construction costs. At the conclusion of the project the Town of Cary will accept responsibility for operation and maintenance of the sewer lines.
As part of this project, it is necessary for the County to secure sanitary sewer easements from the Research Triangle Foundation for the portion of the project within RTP South. The permanent easement will vary in width depending upon the size and depth of the pipe and contain approximately 5.68 acres. The temporary construction easements will contain approximately 2.36 acres. The easements will be dedicated to the County by RTF at no cost, other than surveying and mapping fees.
On May 3, 2006, bids were received from contractors in accordance with NC General Statutes. The lowest responsible bid was received from JF Wilkerson Contracting Company in the amount of $2,479,920.27. Staff recommends that the construction contract be awarded to the lowest responsible bidder contingent upon execution of the interlocal agreement by the Town of Cary and Wake County.
Upon motion of Commissioner Council, seconded by Commissioner Bryan, the Board unanimously approved the following:
1) Entering into an interlocal agreement with the Town of Cary for the design and construction of Phase 1B Sanitary Sewer System in Research Triangle Park subject to terms and conditions acceptable to the County Attorney; 2) Acceptance of the dedication of a permanent easement containing approximately 5.68 acres and temporary construction easement containing approximately 2.36 acres from the Research Triangle Foundation for the Phase 1B Sanitary Sewer System.

3) Award of a construction contract for the Cape Fear Sanitary Sewer System, Phase 1B, in the amount of $2,479,920.27 to JF Wilkerson Contracting Company of Morrisville, NC; and

4) Approval of a budget revision to incorporate municipal reimbursement from the Town of Cary in the amount of $1,951,947.
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INTERLOCAL AGREEMENT FOR
FOR CONSTRUCTION OF PHASE 1B SANITARY SEWER FACILITIES

W I T N E S S E T H:
1. Subject to approval by the North Carolina Department of Natural 2. The Town and the County shall each be responsible for their pro rata share 3. The Town shall be responsible for the construction cost of the sanitary 4. The County shall be responsible for the construction cost of the sanitary 5. Each party shall pay a proportionate share of construction costs of 6. Actual costs shall be determined by bids received in accordance with the A. Segment G - Proposed 30" sewer from CSX Railroad to Louis Stephens Drive will be paid 100% by the Town and will not be cost shared by the County. B. Segment I - Proposed 30" sewer from end of Segment G along Louis Stephens Drive to Cary/Morrisville Sewer (Segment L) will be cost shared by both the County and the Town based on projected peak flows. C. Segment J - Proposed 24" sewer from Segment L to Site 27 sewer service will be cost shared by both the County and the Town based on projected peak flows.

D. Segment K - Proposed 18" sewer from Site 27 sewer service to existing Breckenridge pump station will be paid 100% by the Town and will not be cost shared by the County.

E. Segment L – Proposed 14” sewer from Segment I (Louis Stephens Drive) to south side of I-540 will be paid 100% by the Town and will not be cost shared by the County.
G. Estimated construction costs are as follows: 7. The County will request reimbursement from the Town on a quarterly basis 8. Upon substantial completion of the construction and acceptance of the
9. County makes no warranty or representation to Town regarding the
10. In the event that any easements are required for construction of the Town
11. The Town agrees to include Phase 2 and Phase 3 of the Cape Fear Sewer
12. BREACH/NO TERMINATION b) Formally approved in the same manner as this Agreement is
Witness: _________________________________
Clerk

Approved by: _________________________________
Wake County Attorney

(SEAL) __________________________________
Finance Officer, County of Wake
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PRESENTION OF COUNTY MANAGER’S
RECOMMENDED BUDGET FOR FISCAL YEAR 2007
The County Manager was recognized to present his Recommended Budget for Fiscal Year 2007. The Recommended Budget highlighted funding priorities of education, (public schools and Wake Technical Community College), public safety, mental health as well as infrastructure needs. The recommended budget totals $848,969,000 and includes a three-cent increase in the property tax rate. There was no increase in tipping fees for solid waste or fire tax districts.
Following the County Manager’s presentation and upon motion of Commissioner Ward, seconded by Commissioner Council, the Board received the Recommended FY2007 Budget for consideration and unanimously approved the following:
1) Hold a public hearing on the budget during the Board of Commissioners’ regular meeting Monday, June 5, 2006, at 2:00 p.m. in Room 700 3) Consider adoption of the budget Monday, June 19, 2006, during the Board of
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PUBLIC HEARING
ORDINANCE TO AMEND THE WAKE COUNTY
STORMWATER ORDINANCE AND INCORPORATE IT AS
ARTICLE 9 OF THE UNIFIED DEVELOPMENT ORDINANCE
Chairman Gurley announced a public hearing to consider an amendment to the Wake County Stormwater Ordinance and to incorporate that amendment as Article 9 of the Unified Development Ordinance, duly advertised as provided by statute for Monday, May 15, 2006, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.


Mr. Rick Rowe of Environmental Services and Mr. Les Hall, Chairman of the Environmental Services Committee along with Dr. Jay Levine, Chairman of the Ordinance Committee, made introductory comments. Mr. Britt Stoddard of the Wake County Environmental Services presented the proposed amendment.
Mr. Stoddard stated that the Wake County Stormwater Ordinance Committee had met over the past ten months and included other stakeholders, liaison to the Planning Board and technical assistance. The proposed ordinance consists of a 1) performance approach which sets a target for the amount of runoff allowed from future residential subdivisions, and gives designers choices on how to meet the target; 2) the use of a credit and incentive system to encourage developers to choose natural practices; and 3) the creation of three varied runoff targets to respect economic and environmental differences between water supply watersheds and other zoning districts. The proposed ordinance also grandfathers unexpired plans/permits approved before the ordinance’s effective date; lets minor subdivisions (1-3 lots) meet the runoff target or have 15% or less impervious area; and requires a short-term maintenance of practices by the developer, long-term by property owners.
Mr. Rusty Ammons of 5508 North Hills Drive, Raleigh, NC, also presented information on the volume control measures of the proposed ordinance.
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 comments in support of or in opposition to the proposed amendment.
The Chairman then called for the report of recommendations.
Mason Williams, immediate past chairman of the Wake County Planning Board, reported that the Planning Board, in its meeting on April 19, 2006, voted unanimously to recommend approval of the proposed ordinance.
Les Hall of the Human Services and Environmental Services Board reported that the Human Services Board recommends approval of the proposed ordinance, as presented.
Britt Stoddard reported that staff recommends approval of the ordinance, as presented.
Thereafter, Chairman Gurley declared the hearing closed and invited action by the Board.
Upon motion of Commissioner Gardner, seconded by Commissioner Council, the Board unanimously adopted an ordinance amending the Wake County Stormwater Ordinance and incorporating it as Article 9 of the Unified Development Ordinance.
A RESOLUTION
REPEALING THE WAKE COUNTY STORMWATER CONTROL,
MANAGEMENT AND WATERCOURSE BUFFER REGULATIONS AND ADOPTING NEW STORMWATER MANAGEMENT REGULATIONS
TO BE INCORPORATED INTO
THE UNIFIED DEVELOPMENT ORDINANCE (UDO)

WHEREAS, improperly managed runoff has been found to be detrimental to water resources
and aquatic habitat and contributes to flooding; and,

WHEREAS, the County has a Watershed Management Plan that recommends strategies for managing runoff; and,

WHEREAS, the County has engaged in an extensive stakeholder process to evaluate current requirements and develop in their place new requirements as may be needed; and,

WHEREAS, through this citizen participation process a stormwater management ordinance was developed and reviewed by advisory boards and staff and found to be consistent with the Watershed Management Plan and the public interest; and,

WHEREAS, the Planning Board held a public meeting on April 19, 2006 to hear the public and discuss the proposed ordinance amendment and voted 9 to 0 to recommend that the Board of Commissioners approve the ordinance amendment; and,

WHEREAS, the Board of Commissioners held a duly advertised public hearing on
May 15, 2006 to consider the proposed amendment;

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





AN ORDINANCE REPEALING
THE WAKE COUNTY STORMWATER CONTROL MANAGEMENT AND
WATERCOURSE BUFFER REGULATIONS AND ADOPTING
NEW STORMWATER MANAGEMENT REGULATIONS
TO BE INCORPORATED INTO THE
WAKE COUNTY UNIFIED DEVELOPMENT ORDINANCE (UDO)

SECTION I

The existing Wake County Stormwater Control, Management and Watercourse Buffer Regulations are hereby repealed in their entirety.
SECTION II

The Wake County Code of Ordinances is hereby amended by adding the attached stormwater management regulations as Article 9 of the Wake County Unified Development Ordinance.
SECTION III

This amendment shall become effective August 13, 2006, however any proposed plan or permit for which a complete application has been accepted by the Wake County Planning Department prior to the adoption of this amendment, shall be exempt from the requirements of this amendment.
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ARTICLE 9 STORMWATER MANAGEMENT

Part 1 General Provisions
9-10 Purpose
9-11 Scope
9-12 Exemptions
9-20 Maximum Curve Number and Development
9-21 Neuse Rules
9-22 Stormwater Design Manual
9-23 Miscellaneous
9-30 Party Responsible for Completion of Improvements
9-31 Assurance that Improvements will be Completed
9-32 Assurance that Improvements will be Maintained 9-40 Application Requirements
9-41 Modifications and Waivers
9-42 Appeals 9-51 General
9-52 Inspection of Stormwater Improvements Article 9. Stormwater Management

Part 1 GENERAL PROVISIONS

9-10 Purpose
The stormwater management regulations of this article establish minimum requirements to address adverse effects of stormwater runoff associated with new development. Proper management of stormwater runoff will protect property, control stream channel erosion, reduce flooding, protect floodplains, wetlands, water resources, riparian and aquatic ecosystems, and otherwise provide for environmentally sound use of the county's natural resources.

Commentary: This is not a regulation, but a statement of intent for an ordinance.

9-11 Scope
Except as otherwise expressly stated, the stormwater management regulations of this article apply to all development within unincorporated Wake County outside the extraterritorial jurisdiction and incorporated boundaries of any municipality.

Commentary: This is standard practice. The ordinance would apply only in Wake County's land use jurisdiction, not in municipalities or ETJs. Municipal councils make those decisions.

9-12 Exemptions
The stormwater management regulations of this article do not apply to any of the following development activities;

9-12-1 Agriculture, forestry or mining.

Commentary: This is consistent with the county's current approach and with the Neuse River Basin:
Model Stormwater Program for Nitrogen Control, Section 2C. The ordinance would apply to new
development, not agriculture, forestry, or mining.

9-12-2 Office, institutional, commercial, or industrial development that disturbs a land area of Commentary: This is consistent with the county's current approach and with the Neuse River Basin:
Model Stormwater Program for Nitrogen Control. Section 2C.


9-12-3 Any development in which the owner has accrued a vested right if either of the (A) A subdivision plan, site plan, or development permit was officially approved by Wake
Commentary: This is consistent with the county's current approach to vested rights and with the Neuse River Basin: Model Stormwater Program for Nitrogen Control, Section 2C.

(B) The landowner otherwise demonstrates a vested right has accrued under North Carolina
Commentary: This provision originally contained language from case law-Town of Hillsborough v. Smith-which referred to a vested right accruing if the developer had incurred "a substantial expenditure of resources." Because that language was vague, staff on February 22, 2006 deleted that provision and added the above in its place. This new language was adapted from a recommendation of the County Attorney's office.


Part 2 Standards for Managing Stormwater Runoff

9-20 Maximum Curve Number after Development
Developers must manage residential runoff so that after development the site will not exceed the following curve numbers, in accordance with procedures specified in the United States Department of Agriculture, Natural Resource Conservation Service, Technical Release 55, Urban Hydrology for Small Watersheds.
Maximum Composite Curve Number, By Soil Group
Zoning District A B C D_____
R-80W and R-80 37 60 73 79
R-40W and R-40 41 62 75 80
R-30, R-20, R-15, R-10, R-5, Residential Hwy, 43 63 76 81
General Business and Office Institutional
_______________________________________________________________________________

Commentary: This would implement the Wake County Stormwater Ordinance Committee's consensus on curve numbers. Based on consultant recommendation to use more precise wording, on March 10, 2006, staff changed references from managing volume to managing runoff. )

9-20-1 Precipitation Depth
Commentary: This would implement the committee’s consensus on precipitation depth. It is necessary to specify a depth in order to perform stormwater management calculations.

9-20-2 Draw-down Period
Stored water must be drained over a period of not less than 2 days or more than 5 days.

Commentary: On February 22, 2006, staff added this draw-down standard because the consultant suggested its omission needed to be corrected. This is needed in case the developer chooses an applicable structural practice to meet requirements. Staff deleted an old subsection (B) entitled "Option for Redevelopment Sites,” as directed by the committee at its February 15, 2006 meeting.

9-20-3 Option for Minor Subdivisions Commentary: This would implement the committee's consensus to allow an option of a 15% impervious limit for minor subdivisions—currently defined as up to three lots on an existing or extended private road or on an existing public road. Minor subdivisions would still comply with buffer requirements and floodplain restrictions. Minors are often a lot or two on private easements.

9-20-4 Stormwater Credits
(A) Purpose
Commentary: This would implement the committee's consensus to include credit for disconnection-based practices per TR-55.)
Commentary: These texts on reforestation, tree/shrub density, and mulching would implement the committee’s consensus to give credit and therefore an incentive for creating woods and mulching, per standards of the Natural Resources Conservation Service {NRCS}. NRCS tree/shrub density and mulching standards are attached for reference.

Commentary: On March 14, 2006 staff removed from above paragraphs (A) and (B), parenthetical words that directed the reader to "see Appendices A and B." It seemed better that the ordinance simply refer to the appropriate NRCS standards, instead of referring to the standards and the appendices.
Commentary: This would implement committee consensus to give appropriate credit for cluster and open space subdivisions and in no way apply calculations that penalize these types of development.
9-21 Neuse Rules
State stormwater-management requirements that implement the Neuse River Basin Nutrient-Sensitive Waters Management Strategy apply in both the Neuse and Cape Fear Basins.

Commentary: Current practice is to apply the Neuse Rules equally across both basins. Rather than repeat text from the rules, this section simply "adopts the requirements by reference." This is briefer, just as legally binding, and avoids the need to change the ordinance with any change in State rules. If desired, text from State rules may be added to the design manual, where they can be more easily amended.

9-22 Stormwater Design Manual
The Wake County Department of Environmental Services may furnish additional guidance and standards for the proper implementation of the regulations of this article and may provide such information in the form of a Stormwater Design Manual. Stormwater management practices that are designed, constructed, or maintained in accord with the Stormwater Design Manual must be presumed to comply with these regulations.

Commentary: This is standard practice and has been discussed by the committee: a design manual offers technical help not found in ordinances.

9-23 Miscellaneous

9-23-1 Calculations Regarding Ponds, Lakes, and Streams
Commentary: This would implement committee consensus to not count surface waters as impervious areas and remove them from calculations to not penalize development for having or preserving surface waters on property.

Part 3 Completion and Maintenance of Improvements

9-30 Party Responsible for Completion of Improvements
The developer is responsible for completing all Stormwater improvements in accordance with the requirements of this article and other applicable ordinances and laws.

Commentary: This is consistent with the subdivision requirement of the Unified Development Ordinance, Article 8, Part 2, 8-20, January 17, 2006, and would implement committee consensus that the developer be responsible for completing improvements.

9-31 Assurance that Improvements will be Completed

9-31-1 Performance Guarantee


Commentary: The Wake County Unified Development Ordinance Article 8, Part 2, 8-21 and 8-22, January 17, 2006, requires this within subdivisions. The above provision extends the requirement to any development where Stormwater improvements are required of a developer. On February 22, 2006 staff modified language to make clear performance guarantees, per UDO, apply only to developer-required improvements and do not apply to builder improvements, such as disconnected gutters. This clarification was directed by committee at its February 15, 2006 meeting.

9-31-2 As-Built Plans
Commentary; As built plans give an accurate record of improvements in case repairs or maintenance is needed by developer, property owner, or the county. As builts also document whether county standards were met and if not what corrective action may be needed. The Unified Development Ordinance (Article 8, Section 8-21-2, January 17, 2006) requires for subdivisions that the subdivider certify when improvements are complete. An as-built drawing could be used to meet the UDO requirement.

9-32 Assurance that Improvements will be Maintained

9-32-1 Maintenance Required Commentary: This would implement the committee's consensus that the ordinance require continued maintenance. On February 22, 2006 {on advice from attorney's office) staff removed the committee-member recommended sentence stating failure to maintain improvements is a violation of the ordinance. It raised the question why state this after only one provision? Isn’t failure to follow any provision a violation? Better just to let the violation section of the ordinance speak to the whole ordinance and not cherry pick provisions to say a violation has occurred.

9-32-2 Parties Responsible for Maintenance of Improvements (A) The developer must maintain stormwater improvements until accepted by a property Commentary: This is consistent with subdivision requirements of the Unified Development Ordinance, Article 8, Part 2, 8-20 and 8-23, January 17, 2006. This would implement committee consensus that developers be responsible for maintenance until accepted by association or lot owner.

(B) Before improvements are accepted for maintenance by the property owners
Commentary: This is to assure improvements are working properly when turned over to an association or lot owner for maintenance. For convenience, this certification could be done on the copy of the as-built drawings. This is consistent with the committee's consensus and with a recommendation from a member of the current planning staff.

9-32-3 Maintenance Plan
Commentary: This is consistent with the committee’s consensus. It is to help the property owners know what to do to maintain improvements.

(B) It will be the responsibility of the property owners association or lot owner to update the Commentary: The maintenance plan will need updating to stay useful.

9-32-4 Maintenance Agreement
Commentary: This is consistent with the Committee's consensus and with requirements for subdivisions as specified in the Unified Development Ordinance, Article 8, Part 2, 8-23 and 8-25, January 17, 2006.
Commentary: On February 22, 2006, staff added this provision per conversation with the County Attorney's office.

9-32-5 Maintenance Easements
The developer must record easements for access, maintenance and inspections by any property
owners association and by Wake County Government.

Commentary: This is consistent with the Committee's consensus and is meant to ensure necessary access easements for maintenance.

9-32-6 Documents Required Before Plat Approval or Building Permit
All maintenance documents required by this article must be submitted to the Subdivision
Administrator or Stormwater Engineer before record plat approval, and such documents must be
referenced on the record plat, or, in the case of single-lot developments not requiring record plats,
documentation must be submitted to the Zoning Administrator or Stormwater Engineer before
building permit issuance.

Commentary: This is consistent with subdivision requirements in the Unified Development Ordinance, Article 8, Part 2, 8-25-1 and 8-25-2, January 17, 2006.


Part 4 Administration

9-40 Application Requirement


9-40-1 Stormwater Plan Required
Commentary This is consistent with the Unified Development Ordinance, (Article 19, Section 19-35-1. January 17, 2006) requirement for subdivisions that construction plats, including any stormwater improvement plans, be approved before issuance of land disturbance permits.

9-40-2 Submittal Procedures
Commentary: Subdivision and stormwater submissions and reviews are meant to occur together. There is no need for separate reviews which cost time and money and do not result in effective stormwater management. This is consistent with the Unified Development Ordinance, (Article 19, Section 19-35-1, January 17, 2006) requirement for subdivisions.

9-41 Modifications and Waivers
Requests for modifications or waivers of the stormwater processed in accordance with the procedures of 19-36.

Commentary: This makes one change to the county's current practice: it would switch the variance authority/test from the Board of Adjustment to the Planning Board. Since almost all stormwater proposals will be on subdivision plans (a few may be on commercial or industrial site plans), it seems the best coordination would be to use the variance board and tests used for subdivision plans, rather than have separate boards and tests. Otherwise, we could have a developer legitimately applying for a couple of variances on her/his subdivision—say one for cul-de-sac length and one volume management—and she or he would be burdened with having to apply to two different boards (Adjustment and Planning Board) and meet two sets of tests for the same subdivision. It seems more practical to have one board/set of tests—for the subdivision's development.

9-42 Appeals

9-42-1 Authority
9-42-2 Filing
9-42-3 Hearing (B) At least 10 days prior to the hearing, the hearing panel must publish notice of the hearing in
(C) The hearing panel must render a decision in writing within 45 days of receiving the appeal.

9-42-4 Decision-Making Criteria
In acting on appeals the hearing panel of the Human Services and Environmental Services Board
must determine, by simple majority vote, if the appellant has presented substantial evidence that the 9-42-5 Subsequent Appeals
The appellant may appeal the bearing panel's decision to the full Human Services and
Environmental Services Board by filing an appeal within 10 days of the hearing panel's decision.
Such appeals must follow the same procedure as the original hearing before the Board's hearing
panel.

Commentary: This section changes the appeal authority from the Wake Soil and Water Conservation District Board to the review panel of Human Services Board, whose decision can then be appealed to the full Board and then to the Court. This is consistent with guidance from the Wake Soil and Water Conservation District Board from its February 5, 2006 meeting and consistent with guidance from the chair of the Human Services Board's hearing panel.

Part 5 Enforcement and Penalties

9-51 General
Failure to complete required improvements or failure to maintain improvements so they continue to
function as required are violations and subject to a fine of up to $1,000 per day and other penalties,
remedies, and enforcement powers specified in Article 20.

Commentary: Article 20 of the Unified Development Ordinance already specifies penalties, remedies, and enforcement powers for violating county regulations. This provision refers the reader to the appropriate section of the UDO. On February 22, 2006, staff amended this subsection to include a fine of up to $1,000 per day. Staff felt this was needed since the UDO article 20 provides for a fine of only $100 per day or a total of $500, which seemed insufficient to foster compliance)

9-52 Inspection of Stormwater Improvements
Wake County agents and officials have the right to inspect sites to determine whether required
Stormwater improvements are being installed and maintained in compliance with this ordinance.

Commentary: This is standard practice: the right to adopt an ordinance carries with it the right of enforcement. \

Commentary: Section 9-20-4(C) of the ordinance provides incentives for creating woods and mulching, per standards of the Natural Resources Conservation Service (NRCS). NRCS standards for tree/shrub density follow:








Tree and Shrub Spacing
Table 1: Conifers
SpeciesMinimum Spacing
(in feet)
Trees Per AcreRecommended Regions
Atlantic White Cedar 12 x 12 302Coastal Plan
Loblolly Pine 12 x 12 302Coastal Plain, Piedmont, Sandhills, Mountains
Longleaf Pine 12 x 12 302Coastal Plain, Lower Piedmont, Sandhills
Shortleaf Pine 12 x 12 302Piedmont
Virginia Pine (improved) 10 x 10 435Upper Piedmont
Eastern Redcedar 5 x 10 871Coastal Plain, Piedmont, Sandhills, Mountains
Eastern White Pine 12 x 12 302Upper Piedmont

Table 2: Hardwoods
SpacingMinimum Spacing
(feet)
Trees Per AcreRecommended Regions
Black Walnut 20 x 20 109High Piedmont, Lower Mountains
Cherry 10 x 10 435High Piedmont, Lower Mountains
Cottonwood 10 x 10 435Coastal Plain
Green Ash 10 x 10 435Coastal Plain, Piedmont
Northern Red Oak 10 x 10 435High Piedmont, Lower Mountains
Red Oaks 10 x 10 435Coastal Plain, Piedmont
Swamp Chestnut Oak 10 x 10 435Coastal Plain
Sweetgum, Sycamore, or Water-Willow Oak 10 x 10 435Coastal P lain, Piedmont
White Ash 10 x 10 435Piedmont, Lower Mountains
Yellow Poplar 10 x 10 435Coastal Plain, Piedmont, Lower Mountain

Source: Tables I and II, Were Summarized from Natural Resources Conservation Service Field Office Technical Guide, Section IV, Subsection A, Conservation Practice Standards, Tree/Shrub Establishment, pages 612-1, 612-5, and 612-6. For full publication see the WEB at http://efotg.nrcs.usda.gov/treemenuFS.aspx?Fips=37183&MenuName=menuNC.zip

Commentary: Section 9-20-4(C) of the ordinance provides incentives for creating woods and mulching, per standards of the Natural Resources Conservation Service (NRCS). NRCS standards for mulching follow:

Mulch
Select one of the following:
Unweathered, unchapped small grain straw or hay at a rate of 1.5 to 2 tons per acre. Spread uniformly by hand or mechanically to get complete soil coverage. For uniform distribution of hand spread mulch, divide area into approximately 1,000 square foot sections and place 2 to 3 bales or approximately 100 pounds of mulch for distribution within each section. Anchor mulch immediately after placement to minimize loss by wind or water.

Pine brush—completely cover ground with green pine boughs.

Wood chips and barks — Spread 2 to 3 inches deep on slopes up to 5 percent.

Source: Gleaned from Natural Resources Conservation Service Field Office Technical Guide, Sect/on /V, Subsection A, Conservation Practice Standards, Mulching ~ Temporary Protection of Critical Areas without Seeding, page 484-11-1. For full publication see the WEB at the same address given on the previous page, i.e.,http://efotg.nrcs.usda.gov/treemenuFS.aspx?Fips=37183&MenuName=menuNC.zip

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PUBLIC COMMENTS
The Board of Commissioners has set a time certain during regular meetings (3:00 p.m. or as soon as possible thereafter) to hear from the public about the services and operations of Wake County Government. The Chairman recognized the following:
1. Kent Goddard, 8208 Merriweather Circle, Raleigh, NC 27516 2. Cala Wright, 613 Cooper Road, Raleigh, NC 27610
3. Anita Robinson Christmas, 4628 Fisk Court, Raleigh, NC 27604 4. Angela Hicks, 2901 Isabella Drive, Raleigh, NC 27605 5. Dave Duncan, 113 Kellyridge Drive, Apex, NC 27502 6. Marie Claussey, 104 Crystlewood Court, Morrisville, NC 27560 7. Louise Lee, 7304 Quinby Court, Raleigh, NC 27613 8. Caroline Sullivan, 1306 Rand Drive, Raleigh, NC 27608 9. Laura Gunter, 911 Lake Boone Trail, Raleigh, NC 27607 10. Anne Ackland, 1112 Old Ferrell Road, Knightdale, NC 27545 11. Louise Jordan, 1903 St. Mary’s Street, Raleigh, NC 27608 12. Judy Erwin, 1012 Bentham Drive, Raleigh, NC 27614 13. Amy Leinfelder, 12801 Ghoston Road, Wake Forest, NC 27587 14. Scott Souza, 1233 Hillingdon Way, Raleigh, NC 27614 15. Hope Carmichael, 2520 York Road, Raleigh, NC 27608 16. Linda McCarley, 7133 Eastridge Drive, Apex, NC 27539
Following a five-minute recess, Chairman Gurley called for the continuation of public comments.

17. Karen Rindge, 3303 Clark Avenue, Raleigh, NC 27607 18. Caroline Huffman, Webb Street, Raleigh 27608 19. Megan McLaughlin, 6104 Carlyle Drive, Raleigh, NC 17614 20. Pat Pilarinos, 2312 Wakefield Plantation Drive, Raleigh, NC 27614 21. Martha Svoboda, 6329 Mountain Grove Lane, Wake Forest, NC 27587 22. Cole Baker, 3005 Rothgeb Drive, Raleigh, NC 27609 23. Selden Steed, 525 Lassiter Summit Court, Raleigh, NC 27609
There being no other persons requesting to be heard, Chairman Gurley declared the public comment portion of the meeting closed.
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PUBLIC HEARING
TO CONSIDER A REQUWT TO CLOSE AN ABANDONED SEGMENT
OF OLD BAILEYWICK ROAD NEAR CREEDMOOR ROAD
Chairman Gurley announced a public hearing to consider a request to close an abandoned segment of Old Baileywick Road near Creedmoor Road, duly advertised as provided by statute for Monday, May 15, 2006, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.
Ms. Jennifer Song, Wake County Planning Department, presented the introductory remarks. She stated that Creedmoor Road Properties, the only property owner abutting the relevant section of Old Baileywick Road has petitioned the Wake County Board of Commissioners to close the portion of Old Baileywick Road that runs through their property. This section of Old Baileywick Road
(SR 1830) is a paved section of Baileywick Road that was abandoned by NCDOT when Baileywick Road was realigned. It is only accessible by drive way onto the current Baileywick Road. The road segment begins and ends within property owned by Creedmoor Road Properties.
In February 1998, the North Carolina Department of Transportation conveyed to Creedmoor Road Properties the abandoned right-of-way for Baileywick Road that the petitioner is now requesting to be closed. The conveyance was in partial compensation for the portion of the petitioner’s property that was needed by NCDOT to widen Creedmoor Road, which the property also abuts. A deed and official map showing the transfer were filed with the Wake County Register of Deeds Office, but the abandoned section of Baileywick Road was never officially closed by the Wake County Board of Commissioners.
The adopted Wake County Thoroughfare and Collector Plan indicates no plan for the abandoned portion of Old Baileywick Road in any direction. Closing the requested portion of Old Baileywick Road should not affect connectivity in the area.
The factual situation having been presented, Chairman Gurley declared the public hearing open and announced that anyone desiring to comment in support of or in opposition to closing the abandoned segment of Old Baileywick Road near Creedmoor Road would be heard at this time.
The Chairman recognized the following:
1. Shirley Mitchell, 8809 Old Creedmoor Road, Raleigh
2. Lana Lewis, 9920 Baileywick Road, Raleigh
3. Alan Bryant, petitioner 4. Shavonda Mitchell, community resident
There being no others to appear, the Chairman called for the recommendation of the Planning Department.
Ms. Song reported that Planning staff recommends that the Board of Commissioners adopt a resolution to close the abandoned portion of Old Baileywick Road near Creedmoor Road, as presented.
Thereafter, Chairman Gurley declared the hearing closed and invited action by the Board.



Following much discussion and upon motion of Commissioner Jeffreys, seconded by Commissioner Council, the Board unanimously adopted a resolution to close approximately 350 linear feet of Old Baileywick Road near the intersection of Baileywick and Creedmoor Roads; and, further the Board requested that Planning staff provide information on current issues (unrelated to the road closing) as cited by the area residents and zoning violations, if any, and how the County is proceeding to address them.
RESOLUTION
CLOSING PART OF OLD BAILEYWICK ROAD – SR 1830
WAKE COUNTY, NORTH CAROLINA
SECTION I

1. Orders closing of said part of old Baileywick Road, subject to any public utility use or facility located on, over, or under the road easement, as provided in GS 153A-241.
SECTION II
This amendment shall become effective upon adoption of this ordinance.
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PUBLIC HEARING
PETITION ZP-856-06, TO REZONE 13.35 ACRES ON
OLD MCCULLERS ROAD FROM R-30 TO CU-I-2 & SHOD
Chairman Gurley announced a public hearing to consider a petition to rezone 13.25 acres on Old McCullers Road from R-30 to Conditional Use-Industrial-2 and Special Highway Overlay District, duly advertised as provided by statute for Monday, May 15, 2006, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.
Mr. Larry Morgan, Wake County Planning Department, presented the introduction. He stated that the applicant is proposing to rezone the 13.35 acres from R-30 to CU-I-2 to allow for the development of a cabinet manufacturing facility and mini-storage facility. The petition excludes uses that would otherwise be permissible under the Industrial-2 district: automobile salvage yards, junkyards, asphalt plants, oil or petroleum refineries, landfills, mining or quarrying operations, concrete mixing plants and other similar uses that would not be compatible with the area.
The property is located on the eastern side of Old McCullers Road approximately 0.4 miles east of its intersection with Fayetteville Road. The site is bordered on the east by a railroad and on the north, south and west by sparse residential development. Further to the south is the Wake Tech campus and a fueling station for Wake County vehicles.
It was noted that the proposed rezoning does not constitute spot-zoning because the request complies with the Fuquay-Varina/Garner Area Plan/Wake County Land Use Plan.
The factual situation having been presented, Chairman Gurley declared the public hearing open announced that anyone desiring to comment in support of or in opposition to the petition would be heard at this time.
Mr. Paul Brewer, 2613 Wyngate Hill Court, Raleigh (support petition)

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

Ms. Beth Trahos, Chairman of the Wake County Planning Board, reported that the Planning Board, at its April 19, 2006 meeting voted 9-0 to recommend that the Board of Commissioners approve ZP-856-06, with the petitioner’s conditions.
Mr. Morgan reported that Planning staff recommends approval of the requesting zoning map amendment, as presented. .
Thereafter, Chairman Gurley declared the hearing closed and invited action by the Board.

Upon motion of Commissioner Council, seconded by Commissioner Jeffreys, the Board unanimously adopted an ordinance amendment to the Wake County Zoning Map, ZP-856-06, to rezone 13.35 acres from R-30 to CU-I-2 and SHOD.
ORDINANCE AMENDING THE WAKE COUNTY ZONING MAP
TO REZONE 13.35 ACRES FROM RESIDENTIAL-30 (R-30)
TO CONDITIONAL USE-INDUSTRIAL-2-DISTRICT (CU-I-2) AND SHOD

SECTION I
1. Permitted Uses 2. Permitted Special Uses 3. Impervious Surface Requirement 4. Compliance with Transitional Urban Development Policies
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Note: Chairman Gurley called for a five-minute recess.
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APPROVAL OF FISCAL YEAR 2006-2007 AFFORDABLE HOUSING ACTION PLAN
The Wake County 2006 Affordable Housing Action Plan is the second part of the Fiscal Year 2005-2010 Consolidated Plan approved by the Board of Commissioners May 2005. The Consolidated Plan defines the housing and community revitalization needs of low-income families in Wake County over the next five years. The 2006 Plan describes how HCR will use its grant funds to address these needs in the next year.
The priorities for annual spending are: 1) homeowners earning less then $30,000 per year;
2) renters earning less than $30,000 per year; 3) homeless individuals and families; and 4) non-homeless individuals and families with special needs.
The Human Services Board reviewed and approved the 2006 Action Plan April 27, 2006.
Upon motion of Commissioner Ward, seconded by Commissioner Jeffreys, the Board unanimously approved the 2006-2007 Affordable Housing Action Plan and authorized the Chairman of the Board of Commissioners to sign documents necessary to submit the Action Plan to HUD and carry out the activities described in the plan.
(A copy of the 2006-2007 Affordable Housing Action Plan is made a part of these minutes and the file maintained by the Clerk to the Board.)
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APPROVAL OF RECOMMENDATIONS FROM THE
HOUSING COMMITTEE OF WAKE COUNTY HUMAN SERVICES BOARD
ON AWARD OF MULTI-FAMILY HOUSING DEVELOPMENT LOANS
Wake County’s Housing and Community Revitalization Division (HCR) in partnership with the City of Raleigh’s Community Development Department distributed a request for proposals for affordable housing development October 30, 2005. HCR received three proposals with funding requests totaling $1,272,738. The proposals were reviewed by the Housing Committee of the Human Services Board using the following criteria: affordability, developer experience and Wake County subsidy per unit.
The Committee recommends the following:
- A loan of $585,000 with 3% interest to DHIC for Wakefield Manor Apartments. This development will add 39 units of housing affordable to elderly persons earning less than $30,000 per year. The Wake County per unit subsidy is $15,000 and the loan will be repaid with interest over a 20-year period with a balloon payment in year 20. - A loan of $320,000 at 2% interest to DHIC for Dacian Glen Apartments. This development will add 18 units of housing affordable to families earning less than $30,000 per year. The County per unit subsidy is $17,777 and the loan will be repaid with interest over a 20-year period, with a balloon payment in year 20. - A loan of $367,738 at 3% interest to Community Alternatives for Supportive Abodes for Hester St. Apartments. This development will add 8 units of housing affordable to persons who are mentally ill earning less than $30,000 per year. The County per unit subsidy is $45,967 and the loan will be fully repaid with interest over a 30-year period. Upon motion of Commissioner Webb, seconded by Commissioner Bryan, the Board unanimously approved the recommendation of the Housing Committee of the Wake County Human Services Board as presented and as follows: 1) a loan of $585,000 to DHIC, Inc. for Wakefield Manor Apartments; 2) a loan of $320,000 to DHIC, Inc. for Dacian Glen Apartments; and 3) a loan of $367,738 to CASA, Inc. for Hester Street Apartments.
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CONVEYANCE OF PERMANENT ROADWAY AND
TEMPORARY CONSTRUCTION EASEMENT TO
FIRST PREMIER PROPERTIES, LLC
CRABTREE CREEK WATERSHED PROJECT

In 1976 Wake County purchased 84 acres in Durham County as a part of the property acquisition for Site 5A of the Crabtree Creek Watershed Project. Approximately 17.78 acres of this 84-acre parcel is not needed for the project and was declared surplus County property. The property is located east of Interstate 40 and west of Page Road, is landlocked and has no legal means of access.
The County received an offer in September 2004 from W. R. Henderson with Olde Raleigh Realty to purchase the 17.78 acres for $31,500 per acre. No upset bids were received and the County entered into a contract with W.R. Henderson for the purchase. The contract to purchase was contingent upon the buyer receiving approval from the City of Durham to utilize the property for residential use. W. R. Henderson and First Premier Properties have been pursuing the site planning process and the rezoning of the 17.78 acres along with the adjoining property for residential use. As a part of this process the City of Durham is requiring the developer to construct a connector roadway extending from Chin Page Road to Page Road which will cross a parcel of County-owned property used for floodwater storage as part of Site 5A of the Crabtree Creek Watershed Project.
First Premier Properties, LLC has requested that Wake County convey a roadway/slope and temporary construction easement crossing County-owned property for the construction of this road. The permanent roadway easement will consist of an area of approximately 0.28 acres and the temporary construction easement will include an addition 0.10 acre. It will be required that First Properties mitigate the loss of flood storage capacity as a result of the placement of 1,182 cubic yards of fill material within the flood pool of Site 5A. First Premier Properties is requesting to utilize adjoining County-owned property to excavate material to create additional flood storage capacity and this will necessitate the conveyance of a temporary construction easement on an approximately two-acre area to allow First Premier Properties access for soil removal and grading purposes. This area will be graded, seeded and stabilized upon completion of the work. First Properties initially investigated the possibility of removing this material from their adjoining property, however due to stream buffer and topographical restrictions, they were unable to locate an area that would serve this purpose.
First Premier has offered $12,800 as compensation for the .28-acre roadway and .10-acre temporary construction easement and the temporary construction easement on the two acres required for soil removal.
Staff has determined that this request and compensation are reasonable and recommend approval.
There was discussion and staff responded to questions and concerns raised by Commissioner Bryan concerning the sale of the property, the amount offered, and the most recent appraisal being done in 2003.
Following this discussion and upon motion of Commissioner Ward, seconded by Commissioner Jeffreys, the Board approved the conveyance of permanent roadway and temporary construction easements to First Premier Properties, LLC, at Site 5A of the Crabtree Creek Watershed Project, as outlined below, on a vote of 6-1. All Commissioners voted aye, except Commissioner Bryan who voted nay.
1) the conveyance of approximate .28-acre roadway easement;
2) the conveyance of approximate 0.10-acre temporary construction easement for roadway construction; and 3) the conveyance of approximate 2.0-acre temporary construction easement for the removal of soil material on County-owned property at Site 5A, Crabtree Creek Watershed Project, for the sum of $12,800 subject to terms and conditions acceptable to the County Attorney.
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ACQUISITION OF 114 ACRES
PLEASANTS OPEN SPACE PROPERTY AT
MARK’S CREEK WATERSHED

Wake County in conjunction with Triangle Land Conservancy and the Trust for Public Land has identified the Mark’s Creek area of Wake County as a priority preservation area. These partners have prioritized 4,400 acres of land in the Mark’s Creek Watershed for acquisition with the primary goals of the project to protect and preserve water quality and wildlife habitat, conserve unique natural areas and to retain the rural scenic and historical values of this area of Wake County.
For the initial phase of land acquisition for the Mark’s Creek Project, the Board approved $1,960,000 for the purchase of three “Phase I” priority parcels totaling approximately 358 acres. The Pleasants Tract is the last of these original three tracts to be put under contract.
The contract price of the Pleasants property is $21,00 per acre with the final purchase amount to be determined by actual survey. The final price will be in the range of $2,394,000.
Mr. Pleasants will retain a ten-acre homesite on the property. The County will acquire over 300 feet of road frontage along Pleasants Road (a publicly maintained 60-foot right of way) and access will not be a problem.
In accordance with the Memorandum of Understanding between Wake County and Triangle Land Conservancy, this tract is to be deeded by TPL to Wake County and become a part of Wake County’s open space inventory. The landowner has requested in his contract with TPL that he be allowed to lease back the “farm portion” of the property on a year-to-year basis. The seller is also requesting the granting of a year-to-year agricultural lease through December 2009 in order to comply with a current “no till” agreement with the Federal government.
Following much discussion and upon motion of Commissioner Ward, seconded by Commissioner Gardner, the Board unanimously approved the following:
1) the purchase of the George Pleasants open space property in the Mark’s Creek Watershed from The Trust for Public Land at $21,000 per acre for approximately 114 acres, subject to final survey; 2) that the County Manager be authorized to execute a purchase contract subject to the terms and conditions suitable to the County Attorney that provides a) a year-to-year agricultural lease back to Mr. Pleasants through 2009, with the Board of Commissioners option to extend on a year-to-year basis; and b) acknowledgement that the entire site is approximately 124 acres and of that 124 acres the seller will designate which of the additional ten acres he wishes to keep as his home site; and

3) approval of a budget revision in the amount of $2,410,500.
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COMMITTEE REPORTS
Commissioner Ward reported that she continues to work on the scheduling of a Public Safety Committee meeting.
Commissioner Jeffreys commented on a conference he attended in Denver, Colorado, recently on “Creating and Sustaining 10-Year Plans to End Chronic Homelessness. The County received an award and the Commissioner will present information about that award at the next Board meeting.
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CLOSED SESSION
Commissioner Webb moved that the Board go into closed session to 1) discuss the location or expansion of businesses in the area served by this body; and 2) to consider the qualifications, conditions of appointment of a prospective officer or employee and make decisions regarding negotiations on the amount of compensation of said employee. The motion was seconded by Commissioner Gardner and was unanimously approved.
Following the business in closed session, Chairman Gurley called the meeting back into regular session.
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CLERK TO THE BOARD POSITION
Upon motion of Commissioner Jeffreys, seconded by Commissioner Ward, the Board unanimously approved the hiring of Susan Banks as Clerk to the Board at an annual salary of $72,000 including benefits similar to the County Manager and County Attorney, effective June 1, 2006.
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There being no further business to come before the Board, the Chairman adjourned the meeting at 6:25 p.m., upon the motion of Commissioner Ward, seconded by Commissioner Gardner and the unanimous vote of the Board.
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Respectfully submitted:
Gwen Reynolds, Clerk to the Board