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    Minutes of 01-03-2005 Board of Commissioners' Meeting (adopted)

The Wake County Board of Commissioners met in regular session Monday, January 3, 2005, at 2:00 p.m. in the Commissioners’ Meeting Room,
7th Floor, Wake County Courthouse, Raleigh, North Carolina. Members present were Commissioners Herbert H. Council, Kenneth M. Gardner,
Tony Gurley, Phil Jeffreys, Betty Lou Ward, Harold H. Webb and Chairman Joe Bryan.

Also attending were the County Manager, Mr. David C. Cooke; the County Attorney, Mr. Michael R. Ferrell; and the Clerk to the Board, Ms. Gwendolyn I. Reynolds.

Chairman Bryan called the meeting to order.

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PLEDGE OF ALLEGIANCE

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INVOCATION

Commissioner Jeffreys offered the invocation.

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APPROVAL OF AGENDA

Upon motion of Commissioner Gurley, seconded by Commissioner Jeffreys, the Board unanimously approved the agenda as revised, with the removal of the item, “Request from the Wake County Board of Education to Appropriate Plan 2004 Funds for Mobile/Modular Classrooms.” This item to be considered at the January 18, 2005 meeting.
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APPROVAL OF MINUTES

Upon motion of Commissioner Ward, seconded by Commissioner Jeffreys, the Board unanimously approved the minutes of the December 6, 2004 meeting.
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RECOGNITION OF RETIREES

County Manager David Cooke was called on to recognize employees retiring after twenty-five years or more of service with Wake County Government. The following employees were recognized:

Ms. Ella Watson-Goodson – Human Services
Lieutenant Calvin Dunn – Sheriff’s Office
Mr. Vernon Hilliard – Public Safety

The Commissioners greeted each of the retirees and expressed appreciation for their many years of service to Wake County Government.
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WAKE COUNTY SHERIFF’S OFFICE
FY2004-2005 BUDGET REVISION

Included in the current budget for the Sheriff’s Office is $80,000 from federal forfeiture funds for a dictation system for the Criminal Investigations Division of the Sheriff’s Office. The Information Services department has recommended the purchase of an additional server for storage purposes. The cost is approximately $13,000; therefore $13,000 additional appropriation is needed of federal forfeiture funds.

The Sheriff’s Office receives funds from the NC Controlled Substance Tax distributions. These funds have been earmarked for special investigations. The original budget was $40,000. To date $63,250 has been received. Consequently, the Sheriff is requesting that the additional $23,250 be appropriated for special investigations.

Upon motion of Commissioner Webb, seconded by Commissioner Jeffreys, the Board unanimously approved that the Sheriff’s Office fiscal year 2005 budget be amended increasing appropriation of federal forfeiture funds of $13,000 and NC Controlled Substance tax distributions of $23,250.
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ADOPTION OF THE FISCAL YEAR 2005-2006 BUDGET CALENDAR

Article 3 of Chapter 159 of the North Carolina General Statutes, “The Local Government Budget & Fiscal Control Act” summarizes the deadlines by which certain critical events in the budget process must occur for local governments. The requirements are:

The calendar proposed for fiscal year 2005-2006 is as follows:

May 16, 2005 – Presentation of County Manager’s recommended budget
June 6, 2005 – Public hearings on the recommended budget
June 13, 2005 – Work session for the Board of Commissioners
June 20, 2005 – Adoption of Operating and Capital Budgets and related ordinances

The Board of Commissioners may wish to modify this calendar after the recommended budget is presented, in the event additional work sessions are required.

Upon motion of Commissioner Gardner, seconded by Commissioner Gurley, the Board unanimously adopted the Fiscal Year 2005-2006 Budget Calendar.
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PUBLIC OFFICIAL BONDS

Several provisions of the General Statutes of North Carolina create bonding requirements for various County employees and officials. These public official bonds are required to be reviewed for adequacy every year.

Individual fidelity bonds are required for the Finance Officer and Tax Collector. The amount of the bond for the Finance Officer is set by statute. The Tax Collector’s bond is not limited by statute. It has been the practice of Wake County to also provide a fidelity bond, which covers the County Manager and the Sheriff. These bonds are payable to the Board of Commissioners.

In addition, the Sheriff and the Register of Deeds are required to file bonds payable to the State in amounts set by statute.

These bonds have been renewed for the period 12-01-04 – 12-01-05 with the Fidelity and Deposit Company of Maryland. The approval of all official bonds are recorded by the Clerk to the Board and deposited with the Clerk of Superior Court.

The Commissioners reviewed the bonds and upon motion of Commissioner Council, seconded by Commissioner Jeffreys, the Board unanimously approved the public official bonds for adequacy, as presented.

Public Official Position Schedule Bond
State of NC
Bond #08250391
Effective 12/01/04 – 12/01/05
Register of Deeds - $50,000
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State of NC
Bond #8261629
Effective 12/01/04 – 12/01/06
Sheriff - $5,000
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Board of Commissioners
Bond #08250389
Effective 12/01/04 – 12/01/05
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2005 BOARD OF EQUALIZATION AND REVIEW

The General Statutes provide that the Board of County Commissioners hear taxpayers who disagree with their assessed property values. These assessed values ultimately determine the amount of their tax bills. These hearings can be done one of two ways 1) the Board of Commissioners may sit as the Board of Equalization and Review, and 2) the Board may appoint a special board to serve as the Board of Equalization and Review. The action must be accomplished prior to March 1st of each year.

Upon motion of Commissioner Ward, seconded by Commissioner Gurley, the Board unanimously adopted a resolution appointing a Special Board of Equalization and Review.

RESOLUTION R-2005-01
OF WAKE COUNTY BOARD OF COMMISSIONERS
APPOINTING A SPECIAL BOARD OF EQUALIZATION AND REVIEW

John Converse, who shall serve as Chairman
Merrie Hedrick, who shall serve as Vice Chairman
Stewart Adcock, who shall serve as Regular Member
Robert Heater, who shall serve as Regular Member
Yevonne Brannon, who shall serve as Alternate Member
Elizabeth Cofield, who shall serve as Alternate Member
Betty Ann Knudsen, who shall serve as Alternate Member

THEREFORE, BE IT RESOLVED that Wake County shall pay each member $25.00 per hour for time served on this board. ADOPTED this the 3rd day of January 2005.
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TAX REPORT

Upon motion of Commissioner Council, seconded by Commissioner Webb, the Board accepted and unanimously approved the
recommendation of the Tax Committee, as presented:

1.
Report of Collections – Wake County Only – November 2004
2.
Wake County In-Rem Foreclosure Progress Report – November 2004
3.
Value Adjustments and Special Situations – (Wake County Only), (Wake County and City
of Raleigh)
4.
Consideration of Requests for Adjustments, Rebates and/or Refunds of Penalties:
(Wake County Only), (Wake County and City of Raleigh)
5.
Consideration of Requests for Exemptions – Late-Filed Applications: (Wake County Only), (Wake County and Town of Apex), (Wake County and Town of Cary),
(Wake County and City of Raleigh), (Wake County and Town of Wake Forest)
6.
Request for Tax Relief – Late-Filed Applications: (Wake County Only), (Wake County and Town of Knightdale), (Wake County and City of Raleigh)
7.
Consideration of Refund for Taxes, Interest, and Penalties: (Wake County Only), (Wake County and Town of Apex), (Wake County and Town of Cary), (Wake County and Town of Fuquay-Varina), (Wake County and Town of Morrisville), (Wake County and City of Raleigh), (Wake County and Town of Zebulon)
8.
Consideration for Release of Penalties and Interest for Wake County Prepared Food and Beverage Taxes: (Wake County Only)
9.
Rebate Details: (Wake County and Town of Apex), (Wake County and Town of Cary), (Wake County and Town of Fuquay-Varina), (Wake County and Town of Garner), (Wake County and Town of Holly Springs), (Wake County and Town of Knightdale), (Wake County and Town of Morrisville), (Wake County and Town of Rolesville), (Wake County and Town of Wake Forest), (Wake County and Town of Wendell), (Wake County and Town of Zebulon)

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PUBLIC HEARING
PETITION ZP-842-04: PROPOSAL TO MODIFY EXISTING CONDITIONS ON
REZONING ZP-710 (1996) TO NOW ALLOW FOR CHURCH USES

Chairman Bryan announced a public hearing to consider a proposal to modify existing conditions on a rezoning in 1996 (ZP-710) to allow for church uses, duly advertised as provided by statute for Monday, January 3, 2005, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.

Mr. Keith Lankford, Wake County Planning Department, was recognized for introductory comments along with a PowerPoint presentation. He stated that the applicant is proposing to modify the existing conditions of a 1.45 acre site that is currently zoned Conditional Use-General Business and Water Supply-II Overlay, that were established by rezoning case ZP-710 in 1996 to now allow for church uses, in addition to an alteration shop on the site. The site is located on the northern side of NC Highway 97, and west of its intersection with Lizard Lick Road. This area is designated as a Non-Urban Activity Center, which would allow for small-scale institutional uses and personal service uses. These types of uses are intended for residential areas within a non-urban area/water supply watershed, which are generally characterized by more dispersed populations and lower development intensities than those found within the remainder of the County’s jurisdiction.

The proposed rezoning is consistent with the Land Use Plan with surrounding zonings of: Residential-40 Watershed, General Business, Heavy Commercial, Residential-20, and Residential. The site is served by an existing individual well and septic system; municipal water and sewer is not available. Public access will be provided off NC Highway 97 and the proposed rezoning will not adversely impact traffic movement.

The petitioner’s proposed conditions are:

1) Uses are limited to churches and other places of worship and an alterations shop.

2) The owner will dedicate right-of-way or new easements to allow the eventual provision of the types and levels of transportation improvements as specified by the Wake County Thoroughfare Plan. 3) Property will be subject to the Stormwater Control Management and Watercourse Buffer Regulations of Wake County with impervious surface limited to 15% unless stormwater management facilities are provided (more restrictive standards of the County Ordinances may apply at the time of development).

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

Mr. James Pendergrass, Raleigh, NC, attorney, representing the owner, Spiritual Rock Holiness Church - support

There were no comments in opposition to the proposal.

Ms. Melanie Wilson, Wake County Planning Director, reported that the Planning Board reviewed the proposal December 1, 2004, and voted 9-0 to recommend that the Board of Commissioners approve the zoning map amendment with the petitioner’s proposed conditions.

Mr. Lankford reported that the Planning staff recommends approval of the requested modification to the existing conditions of the conditional use rezoning established by rezoning case ZP-710 in 1996 to now allow for church uses, in addition to an alteration shop, on this site.

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

Commissioner Gardner moved approval of Petition ZP-842-04 to allow modified existing conditions for church uses in addition to an alteration shop, with the conditions placed on it by the Church (Spiritual Rock Holiness) membership. Commissioner Webb seconded the motion, and upon vote the motion passed unanimously.

ORDINANCE AMENDING THE WAKE COUNTY ZONING MAP TO
MODIFY THE EXISTING CONDITIONS ON 1.45 ACRES CURRENTLY ZONED
CONDITIONAL USE-GENERAL BUSINESS (CU-GB) AND
WATER SUPPLY-Il OVERLAY (WS-II)
SECTION I
SECTION II
SECTION III
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PUBLIC HEARING
PETITION ZP-845-04: PROPOSAL TO REZONE 72.17 ACRES
FROM RESIDENTIAL-30 (R-30) AND SPECIAL HIGHWAY OVERLAY DISTRICT (SHOD)
TO CONDITIONAL USE-OFFICE AND INSTITUTIONAL (CU-O&I) AND
SPECIAL HIGHWAY OVERLAY DISTRICT (SHOD)

Chairman Bryan announced a public hearing to consider the rezoning of 72.17 acres from R-30 and Special Highway Overlay District to Conditional Use Office and Institutional and Special Highway Overlay District, duly advertised as provided by statute for Monday, January 3, 2005, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.

Mr. Keith Lankford, Wake County Planning Department, was recognized for introductory comments which included a PowerPoint presentation. He stated that the applicant is requesting rezoning of 72.17 acres from Residential-30 and Special Highway Overlay District to Conditional Use-Office and Institutional and Special Highway Overlay District. The site is located on the southeastern side of the intersection of Rolesville Road, south of Robertson Pond Road, north of US Highway 64, and within the Town of Wendell’s Short-Range Urban Services Area.

The proposed rezoning is to allow for the existing impervious surface coverage limit to be increased to accommodate an expansion to the existing East Wake High School and the construction of a new middle school on the eastern portion of the campus. The proposal is consistent with the Land Use Plan, which designates this area as an Urban Regional Activity Center which is appropriate for institutional uses, such as schools and community colleges. The Urban Regional Activity Center is intended to provide for mixed and concentrated land uses that serve broad areas. The Short-Range Urban Services area in which this site is located is intended to develop at urban intensities where infrastructure exists or is planned to support such development. The proposal complies with the Land Use Plan’s Transitional Urban Development policies with regard to the provision of municipal water and sewer and needed road improvements, and it addresses road improvements that are required for the roads that serve this site in order to facilitate safe movement of traffic and to minimize potential impacts from school traffic. The permitted uses on this site are limited to public schools and public recreation facilities. Surrounding zonings are Residential-30, Residential-40, General Business and Industrial II.

The petitioner’s proposed conditions are:
The factual situation having been presented, Chairman Bryan declared the public hearing open and announced that anyone desiring to comment would be heard at this time.

Mr. Jim Chandler, Professional Engineer of CLH Design, Cary, NC – support

Ms. Wilson, Wake County Planning Director, reported that the Planning Board at its December 1, 2004, meeting reviewed the petition and voted 9-0 to recommend that the Board of Commissioners approve the zoning map amendment with the petitioner’s proposed conditions. She noted that the Planning Board had received concerns from adjacent property owners about exterior lighting from the school expansion and the Planning Board requested that the School System work with the owners to address these concerns.

Mr. Lankford reported that Planning staff recommends approval of the requested zoning map amendment with the petitioner’s proposed conditions.

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

There was much discussion and concerns raised about traffic flow and the areas checked/those that were not checked, and the time of day when they were checked in conducting the Traffic Impact Analysis. There was also much discussion about impervious surface limits and clarification of the range or limit for the entire site at build out.

Following clarification of the impervious surface issues and indication that the petitioner will continue to work with traffic issues as the site is developed, Commissioner Council moved approval of an amendment to the Wake County Zoning Map to rezone 72.17 acres from Residential-30 and Special Highway Overlay District, to Conditional Use-Office and Institutional and Special Highway Overlay District. Commissioner Gurley seconded the motion and upon vote the motion passed. Commissioners Bryan, Council, Gardner, Gurley, Ward and Webb voted aye; Commissioner Jeffreys voted nay.
ORDINANCE AMENDING THE WAKE COUNTY ZONING MAP TO
REZONE 72.17 ACRES FROM RESIDENTIAL-30 (R-30) AND SPECIAL HIGHWAY
OVERLAY DISTRICT (SHOD) TO CONDITIONAL USE – OFFICE AND
INSTITUTIONAL (CU-O&I) AND SPECIAL HIGHWAY OVERLAY DISTRICT (SHOD)

WHEREAS, the Wake County Public School System requested the rezoning from Residential-30 (R-30) and Special Highway Overlay District (SHOD) to Conditional Use-Office and Institutional (CU-O&I) and Special Highway Overlay District (SHOD) consisting of 72.17 acres on the southeastern side of the intersection of Rolesville Road and Robertson Pond Road north of US Highway 64 being Parcel # 1775.03-01-5631(ZP-845-04);

WHEREAS, the site lies within the Town of Wendell’s Short-Range Urban Services Area (SRUSA) as shown on the Wake County Land Use Plan’s General Classifications Map;

WHEREAS, the proposal complies with the Southeast Wake Area Land Use Plan, which designates this area as an Urban Regional Activity Center (URAC) that is appropriate for public schools;

WHEREAS, the proposal complies with the Land Use Plan’s Transitional Urban Development policies (TUDs), which require that new development be served by municipal water and sewer;

WHEREAS, the proposal complies with the Transitional Urban Development policies (TUDs), which will require that new development be served by the types and levels of transportation facilities as specified by the land use, transportation, parks and recreation, greenway and open space plans to accommodate the vehicular, bicycle, pedestrian, and transit access needs as required by the Town of Wendell and the CountyThoroughfare Plan;

WHEREAS, the proposal is consistent with the Wake County Land Use Plan and otherwise promotes the public health, safety, and general welfare;

WHEREAS, on December 1, 2004, the Wake County Planning Board voted 9-0 to recommend that the Board of Commissioners approve the proposed zoning map amendment with the petitioner’s proposed conditions; and

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

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

The proposed rezoning is found to be consistent with the Southeast Wake Area Land Use Plan and otherwise promotes the public health, safety, and general welfare, and the Wake County Zoning Map is hereby amended to rezone the property described above from Residential-30 (R-30) and Special Highway Overlay District (SHOD) to Conditional Use-Office and Institutional (CU-O&I) and Special Highway Overlay District (SHOD).
SECTION II

In making this petition, the owners freely offer the following conditions to be applied to the Conditional Use-Office and Institutional (CU-O&I) and Special Highway Overlay District (SHOD):

1. New development will be required to be served by the types and levels of transportation facilities as specified by the land use, transportation, parks and recreation, greenway and open space plans to accommodate the vehicular, bicycle, pedestrian, and transit access needs as required by the Town of Wendell and the County Thoroughfare Plan.

2. As the property is developed, it will be subject to the Stormwater Control Management and Watercourse Buffer Regulations of Wake County, which limit impervious surface coverage on the property to 15% unless stormwater management facilities are provided to maintain the rate of runoff to predevelopment conditions for the 1-year, 24-hour storm event. Impervious surface coverage on the property will not exceed 30% unless stormwater management facilities are provided to maintain the rate of runoff to existing pre-development conditions for the 10-year, 24-hour storm event. The more restrictive standards of the County Ordinances may apply at the time of development of the site.

3. New development will be required to connect to and be served by municipal water and sewer from the Town of Wendell. A formal request for water and sewer services, including a site plan, shall be submitted to the Town for Review, as part of the County’s General Use Permit application process.

4. The permitted use under CU-O&I and SHOD zoning shall be limited to public school operation and public recreation facilities.

5. The Wake County School System will monitor the traffic flow after the high school renovations are completed, in particular with regards to afternoon delays of existing traffic from the site. If the exit delays are found to be problematic, the School System will use that survey information to petition NCDOT to install a traffic light at the appropriate location (intersection of Rolesville Road and Robertson Pond Road) prior to the middle school becoming operational.
SECTION III

This amendment shall become effective upon adoption of this ordinance.
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PUBLIC COMMENT

The Board of Commissioners desires to hear from the public regarding the operations and services of Wake County Government. It is for that purpose a sign-up sheet has been provided and a time certain (3:00 p.m.) has been set aside for public comments

Chairman Bryan announced that there were no names listed to appear before the Board. He then declared the public comment portion of the meeting closed.
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WAKE COUNTY ECONOMIC DEVELOPMENT BUSINESS INVESTMENT GRANT POLICY

At the November 15, 2004 Board of Commissioners meeting the Board approved an incentive to Credit Suisse First Boston as inducement to locate a “Global Business Center” in the Wake County portion of the Research Triangle Park.

The establishment of a policy, using the agreement with Credit Suisse First Boston as the model, will assist the County and the Wake County Economic Development Program communicate the County’s policy intentions to prospective and existing businesses.

County Manager David Cooke was recognized to give an overview of the policy.

Upon motion of Commissioner Council, seconded by Commissioner Ward, the Board approved a Wake County Economic Development Business Investment Grant Policy. Commissioners Bryan, Council, Gardner, Gurley, Ward and Webb voted aye; Commissioner Jeffreys voted nay.

WAKE COUNTY ECONOMIC DEVELOPMENT
BUSINESS INVESTMENT GRANT POLICY

Policy Objective
Support the development of an economic environment that attracts or encourages new investment, creates new jobs, and results in a diverse tax base.

Eligible Projects
A company (“Economic development projects”) may be eligible for a Business Investment Grant if they meet both a New Investment Threshold and New Jobs Threshold. Special consideration may be given to corporate, regional, or divisional headquarters projects for Fortune 500 companies and large international companies.

New Investment Threshold
New or existing companies may be eligible for a Business Investment Grant for new investments, which exceed $100,000,000 (one hundred million dollars) in 2004 dollars indexed in future years to the nearest $1 million. New investment is defined as, “improvements to real estate, machinery, equipment, and other business personal property.” The value of land is not included in the calculation of new investment. New investment must exceed $100,000,000 in assessed valuation, as determined by the Wake County Revenue Department.

New Jobs Threshold
New or existing companies are eligible for a business investment grant when the investment threshold is met and at least 50 new jobs are created. New jobs are defined as a net increase in the company’s number of full time, Wake County employees. A full-time employee is defined as a person who is employed by the company for at least 35 hours per week and whose wages are subject to withholding. The average wage for new jobs must pay 120% of the average wage for Wake County, as defined by the North Carolina Department of Commerce Finance Center. (In 2004, this number was $726 per week or $36,300 per year.)

The Company must also agree to provide health insurance in at least the minimum amount required for tax credits under the William S. Lee Act as of the date of the enactment of this policy. Under these provisions, a company must provide health insurance for full-time positions and pay a minimum of 50 percent of the premiums.

Policy Guidelines

1. Business Investment Grants will be considered for companies meeting the new investment and new job thresholds. The Board of Commissioners is not obligated to make any grants. 2. All projects will be considered on a case-by-case basis. The County will consider a number of factors (in addition to level of new investment and number of new jobs) when determining approval of a Business Inventive Grant, including: Type of business, relative to current tax base
Types of new jobs
Reputation of company
The presence of competition for the project 3. The amount of the grant payment to be paid by the County shall be up to 2.25% assessed value of the new investment paid over a period of up to eight years. In no event shall the grant amount exceed the amount of ad valorem taxes paid by the company on the new investment in that calendar year. 4. The County will require that the assessed value of new investment is confirmed by the Wake County Revenue Department and that all property taxes are paid prior to providing a grant payment. 5. For projects/companies considering locating (or expanding) in one of the municipalities within Wake County, the County assumes it will be a partner with the municipality in providing a possible Business Incentive Grant. 6. These policy guidelines are not retroactive to any project which has been announced prior to the adoption of these policy guidelines with the exception of Credit Suisse First Boston. 7. All grant agreements are subject to performance criteria that will be outlined in detail in the Business Investment Grant contract between the company and the County. In the event that a company fails to meet any of the provisions of the contract, the County may adjust the amount of the grant to the company or withdraw the grant entirely.

Adopted January 3, 2005.
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Following the adoption of the policy, Commissioner Jeffreys expressed reservations about the portions of the policy that suggest the Commissioners would provide incentives for projects, such as company headquarters relocations, which have less financial investment in the County. He asked that those concerns be made a part of the record.

Chairman Bryan requested the record show, that with the setting of a policy, the first time a policy has been set for the County—and we have one example, this now becomes the policy that our Economic Development Team, led by Ken Atkins and the Greater Raleigh Chamber of Commerce, will be able to use to continue the recruitment of really great companies to come to Wake County to improve our quality of life.
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Chairman Bryan called for a 5-minute recess.
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PROPOSAL BY CAROLINA MUDCATS FOR ADDITIONAL
CAPITAL IMPROVEMENTS TO FIVE COUNTY STADIUM

The Board of Commissioners has previously approved various agreements between Wake County, the Town of Zebulon, and the Carolina Mudcats regarding facility ownership, capital expenditures, and responsibilities for operation and maintenance of Five County Stadium. This year the County completed various improvements to the baseball facility totaling $3.5 million which included:

The stadium tenant, the Mudcats, has recently proposed additional capital improvements to further improve the stadium. The Mudcats have offered to pre-pay lease payments to the County totaling $200,000 (ten years at $20,000 per year). This funding would be used by the County to cover a portion of the cost to design and construct improvements for a cabana, handicap accessibility to the cabana, and purchase/install various tents. Remaining funding would be used for other projects as jointly approved by Wake County, the Town of Zebulon, and the Mudcats.

The Mudcats will provide the pre-pay lease amount of $200,000 and will spend a minimum of $100,000 for the cost of improvements that exceed this pre-paid amount. Future lease payments beyond this ten-year period will be in accordance with the terms of the existing lease agreement.

A schedule of the proposed improvements, funding responsibilities and completion dates was presented for Board review.

Upon motion of Commissioner Council, seconded by Commissioner Ward, the Board unanimously approved acceptance of the Mudcats proposal for additional capital improvements as presented, along with the appropriate budget revision, and authorized the County Manager to execute the Agreement after approval by the County Attorney, contingent upon the following conditions:
(The referenced Agenda Item Summary and letter dated December 17, 2004 to the Carolina Mudcats from the County Attorney are made a part of these minutes and the record maintained by the Clerk to the Board.)
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AUTHORIZATION FOR PAYMENT OF LIMITED WORKERS COMPENSATION BENEFITS
TO MEMBERS OF SHERIFF’S RESERVE OFFICE PROGRAM

North Carolina General Statute 160A-182 provides that a board of commissioners of any county “may provide that persons who are deputized by the sheriff of the county as special deputy sheriffs or persons who are serving as volunteer law-enforcement officers at the request of the sheriff and under his authority, while undergoing official training and while performing duties on behalf of the county pursuant to orders or instructions of the sheriff, shall be entitled to benefits under the North Carolina Workers’ Compensation Act and to any fringe benefits for which such persons qualify.”

It is proposed that for purposes of computing workers compensation benefits for these volunteers, the salary will be set as that of a newly hired deputy sheriff. Each volunteer will be required to sign a document agreeing that any benefits will be paid at that level and since non of these volunteers are County employees, that each volunteer waives any workers compensation benefits to alternate employment.

Upon motion of Commissioner Ward, seconded by Commissioner Jeffreys, the Board unanimously adopted a resolution authorizing payment of limited workers compensation benefits to members of the Sheriff’s Reserve Officer Program who are injured while performing service to Wake County within that program.

RESOLUTION R-2005-02
AUTHORIZATION PAYMENT OF LIMITED WORKERS COMPENSATION BENEFITS
TO MEMBERS OF SHERIFF’S RESERVE OFFICER PROGRAM
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BOARD OF COMMISSIONERS’ 2005 STATE LEGISLATIVE AGENDA

Mr. Raymond Boutwell presented an overview of the goals along with the recommendations from the work session held prior to this meeting.

In response to the discussion and questions raised about vehicle proration/refund of taxes, the County Manager indicated that he would provide the Board with full information on that process.

Upon motion of Commissioner Ward, seconded by Commissioner Webb, the Board unanimously approved the legislative goals for the 2005 session of the North Carolina General Assembly and support of the goals of the North Carolina Association of County Commissioners Legislative Goals, as presented.

HUMAN SERVICES – MENTAL HEALTH REFORM

Goal 1: Support construction and operation of an Inpatient Psychiatric Unit.

Goal 2: Support legislation that will assure adequate funding for implementation of local mental health reform.


HUMAN SERVICES – OTHER

Goal 3: Support continued and expanded funding for Medicaid and NC Health Choice.

Goal 4: Provide state funding for the School Health Program in all counties to attain a nurse/student ratio of 1/750.

Goal 5: Support adequate federal and state funding for services for persons with low English proficiency (Title VI of the Civil Rights Act).


SCHOOLS

Goal 6: Legislation that will require county government to hold title to debt financed school assets until the debt is paid off. Legislation is not intended to alter the daily operating authority of the schools, but to modify legal title so that assets and debt can be matched.


ENVIRONMENTAL SERVICES

Goal 7: Support legislation that will require that a licensed person install all septic tanks in Wake County.

Goal 8: Seek legislation allowing local fees for Food Service facilities.


PROPERTY TAX ADMINISTRATION

Goal 9: Seek legislation to give counties the authority to change the criteria by which persons at least 65 years of age are eligible for ad valorem property tax relief.

Goal 10: Legislation to require property taxes to be paid on motor vehicles at the time of purchase or renewal of license plates, partnering with the Stat to collect at the local or State agency as the plates are renewed or purchased.
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Other Legislative Positions

1. Increase in local option sales tax that would be levied by county governing boards
Position: County governing boards have full authority to determine how the local option sales tax receipts are used. 2. School systems granted taxing authority.
Position: The manner in which school board members are elected should be consistent with the principle that citizens should be able to vote for a majority of the total membership of the school board. 3. Special election called by the State Board of Elections.
Position: Should the State Board of Elections hold a statewide election resulting from errors in the voting process or for any other reason beyond the Wake County Board of Elections control, then the State should provide funding to hold such an election. In Wake County, the cost for a special election would be approximately $500,000.

North Carolina Association of County Commissioners Goals

Goal 1: Medicaid Relief – Seek legislation to implement a six-year phase out of county participation in the costs of Medicaid; and for the first year, cap county costs at the fiscal year 2004-2005 level and provide relief by targeting supplemental financial assistance to any county in which more than X% of the population is eligible for Medicaid.

Goal 2: Revenue Options – Seek legislation to allow all counties to enact any or all of several revenue options from among those that have already been authorized for any other county.

Goal 3: School Construction Bonds – Support legislation to provide for a statewide referendum on a bond issue to meet school construction needs caused by increased enrollment and mandated reduction in class size.
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SELECTION OF VOTING REPRESENTATIVE TO THE
NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS
2005 LEGISLATIVE GOALS CONFERENCE

The North Carolina Association of County Commissioners will hold its 2005 Legislative Goals Conference January 13-14, 2005. This year’s conference will be held in High Point (Guilford County), North Carolina.

Each Board of County Commissioners is requested to designate a voting delegate. On all questions, each county represented shall be entitled to one vote, which shall be the majority expression of the delegates of the county.

Upon motion of Commissioner Jeffreys, seconded by Commissioner Council, the Board unanimously designated Commissioner Betty Lou Ward as the Wake County voting delegate to the 2005 NCACC Legislative Goals Conference.
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APPOINTMENTS

Upon motion of Commissioner Gardner, seconded by Commissioner Council, the Board unanimously approved the following appointments with the suspension of the rules of the Board’s Appointments Policy regarding term limits and the reappointment of Betsy Shaw
(Oak View Advisory Board); Charles Morris and Daniel Turner (Historic Preservation Commission); Mary Anderson, Lt. Hardy, Carolyn Lane, Patricia McCall, Beth Nelson, and Regina Petteway (Juvenile Crime Prevention Council):

a. Adult Care Home Community Advisory Committee

Ms. Thelma C. Lennon – term expires 05-31-06
(nominated by Commissioner Gardner)


b. Commission for Women Ms. Melanie Du Pon (at-large) – term expires 01-31-06
Ms. Diane Hall (at-large) – term expires 01-31-06
Ms. Christine Lakhani (at-large) – term expires 01-31-06
(nominated by Commissioner Council)

Ms. Jennifer McMillen (at-large) – term expires 01-31-06
(nominated by Commissioner Webb)

Ms. Jennifer P. Ozkurt (District 4) – term expires 01-31-07
(nominated by Commissioner Gardner)


c. Historic Preservation Commission
(terms expire 01-12-07)

Ms. Stephanie S. Ashworth
(nominated by Commissioner Council)

Mr. Charles E. Morris
Mr. Daniel L. Turner
(nominated by Commissioner Ward)

Ms. Janice Rollins
(nominated by Commissioner Jeffreys)

Mr. Charles M. Zidar
(nominated by Chairman Bryan)

Ms. Christine Forte
(nominated by Commissioner Webb)
d. Wake County Housing Authority

Mr. Ricky Roberson – term expires 01-31-2010
(nominated by Commissioner Ward)
e. Juvenile Crime Prevention Council

Ms. Mary Ellen Anderson – term expires 1-31-07
Mr. Dennis Cotton – term expires 01-31-07
Ms. Victoria D. Curtis – term expires 01-31-07
Reverend Alfonza Fullwood – term expires 01-31-07
Lieutenant Teresa Hardy – term expires 01-31-07
Ms. Carolyn Lane – term expire 01-31-07
Ms. Patricia Lou McCall – term expires 01-31-07
Ms. Julie Nau - term expires 01-31-07
Ms. Beth Nelson – term expires 01-31-07
Ms. Regina Petteway – term expires 01-31-07
Mr. Robert L. Rossi – term expires 01-31-07
Mr. Bob Sorrells – term expires 01-31-07
Mr. Graham George Wood – term expires 01-31-07
Ms. Megan E. Andrews – term expires 01-31-06
Mr. Daniel D. Baker – term expires 01-31-06
Dr. Melissa E. DeRosier – term expire 01-31-06
Ms. Kathryn L. Long – term expires 01-31-06
Judge Robert Radar – term expires 01-31-06
Ms. Sarah Schmidt – term expires 01-31-06
Ms. Angie Clinton Welsh – term expires 01-31-06
(nominated by Commissioner Gurley)


f. Nursing Home Community Advisory Committee

Ms. Brenda Martin – term expires 01-31-08
Ms. Louise Gaines – term expires 01-31-06
(nominated by Commissioner Ward)


g. Oak View Advisory Board

Honorary:
Ms. Merrie Hedrick
Mr. J. Gregory Poole, Jr.

Ms. Linda Edmisten – term expires 12-31-06
Ms. Betty J. Shaw – term expires 12-31-06
Mr. Thomas A. Swindell – term expires 12-31-06
Ms. Virginia Zehr – term expires 12-31-06
Mr. Ed Morris – term expires 12-31-06
(nominated by Commissioner Council)

Mr. Bill Bunn – term expires 12-31-06
(nominated by Chairman Bryan)

Mr. Kelly R. Crump – term expires 12-31-06
Ms. Louise Rogers – term expires 12-31-06
(nominated by Commissioner Gurley)


h. United Arts Grants Panels

Ms. Genevieve Farmer – term expires 12-31-06
(nominated by Commissioner Webb)
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COMMITTEE REPORTS

At the December 6, 2004 Board of Commissioners meeting, the Board referred two items to the Growth, Land Use and Environment Committee for further study. Commissioner Gurley, Chairman of the Committee, reported that the Committee met to consider the two items: 1) Two-Step Conditional Use Rezoning Process and 2) Open Space Subdivision as a Third Subdivision Design option, and that the Committee’s recommendations will be presented for Board consideration at the January 18, 2005 meeting.
____________________

Commissioner Webb, Chairman of the Public Safety Committee of the Board of Commissioners, reported that staff is in the process of scheduling a meeting of the Committee to consider the County’s Outdoor Burning Ordinance and the consultant’s study and recommendations regarding EMS delivery agencies.
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OTHER BUSINESS

Commissioner Ward commented on the projects by various cities and counties highlighted in a recent American City and County magazine, and encouraged staff to look at ways to submit information on the many projects here in Wake County.

Chairman Bryan outlined events and activities involving the Chairman and members of the Board of Commissioners since the December 6th Board meeting. He then expressed appreciation to the Board for support in his role as Chairman of the Board.
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CLOSED SESSION

Commissioner Ward moved to go into closed session to consult with the Attorney regarding an existing judicial action entitled Wake County vs. Harold Bagwell, et al. Commissioner Council seconded the motion and upon vote, the motion passed unanimously.

Following the business in closed session, Chairman Bryan called the meeting back into regular session.
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SETTLEMENT - WAKE COUNTY vs. HAROLD BAGWELL, ET AL

Upon motion of Commissioner Ward, seconded by Commissioner Council, the Board unanimously authorized the payment of a total of $40,000 for the taking of an easement for a sewer line for the Research Triangle Park in settlement of the case entitled, Wake County vs. Harold Bagwell, et al.
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There being no further business to come before the Board at this time, Chairman Bryan adjourned the meeting at 5:00 p.m., upon the motion of Commissioner Council, seconded by Commissioner Gardner and the unanimous vote of the Board.
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Respectfully submitted:

Gwen Reynolds
Clerk to the Board