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    Minutes of 06-05-2006 Board of Commissioners' Meeting (adopted)


16


WAKE COUNTY BOARD OF COMMISSIONERS

MINUTES

JUNE 5, 2006


The Wake County Board of Commissioners met in regular session Monday, June 5,

2006, at 2:00 p.m. in the Commissioners’ Room, 7th Floor, Wake County Courthouse,

Raleigh, North Carolina. Members present were Commissioners Joe Bryan; Herbert

H. Council; Kenn M. Gardner; Tony Gurley; Phil Jeffreys; Betty Lou Ward; and Harold Webb.

Others attending were the County Manager, David C. Cooke; the County Attorney,

Mr. Michael R. Ferrell; and the Clerk to the Board, Mrs. Susan Banks.

Chairman Tony Gurley called the meeting to order.

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PLEDGE OF ALLEGIANCE

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INVOCATION
Commissioner Phil Jeffreys offered the invocation.


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APPROVAL OF AGENDA

Upon motion of Commissioner Ward, seconded by Commissioner Bryan, the Board unanimously approved the agenda for the June 5, 2006 meeting.

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A HOME FOR EVERY AMERICAN AWARD


Commissioner Jeffreys presented the A Home for Every American Award to Wake County for its ten-year plan to eliminate homelessness in Wake County. This is a combined effort including citizens, Emergency Services, religious organizations and many others. There were only twelve awards of this kind given out nationwide. The award was presented to Commissioner Jeffreys for Wake County by Phil Mangano in Denver, Colorado. The County was recognized for its work to help victims of Hurricane Katrina.


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Chairman Gurley recognized Commissioner Webb who explained why he was wearing a Carolina Hurricanes hat. He stated that the Hurricanes had beat the Sabers in ice hockey game the previous week. The two boards had a wager on the game and the Wake County Board of Commissioners were awarded with three pounds of Buffalo wings while the Buffalo’s Board would be wearing Hurricane jerseys at their next meeting.



Upon motion made by Commissioner Ward, seconded by Commissioner Council, the Board voted unanimously to approve the Items for Consent and accepted the staff recommendations.


ITEM FOR CONSENT

THREE-YEAR AGREEMENT WITH BELLSOUTH TO PROVIDE

LONG DISTANCE TELEPHONE SERVICES


The Board approved a three-year agreement with BellSouth to provide Long Distance Telephone Services for Wake County.

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AWARD OF MULTI-YEAR AGREEMENTS FOR ADMINISTRATIVE AND DETENTION ELECTRONIC SECURITY SERVICES


Specific Recommendation Approved: That the Board of Commissioners authorize the County Manager to execute the multi-year service agreement with Southern Security Group and Norment Security Group, consistent with the bid summary, and subject to the terms and conditions acceptable to the County Attorney.


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TAX REPORT


Specific Recommendation Approved: The Board of Commissioners approved the attached recommendations by the Tax Committee.

1.
Report of Collections – Wake County Only – April 2006

2.

Wake County In-Rem Foreclosure Progress Report – April 2006

3.

Value Adjustments and Special Situations – (Wake County Only), (Wake County and Town of Garner), (Wake County and City of Raleigh)

4.

Consideration of Requests for Adjustments, Rebates and/or Refunds of 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 Garner), (Wake County and City of Raleigh)

5.

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 Garner), (Wake County and Town of Holly Springs), (Wake County and City of Raleigh), (Wake County and Town of Wake Forest), (Wake County and Town of Wendell)

6.

Consideration for Release of Penalties and Interest for Wake County Prepared Food and Beverage Taxes: (Wake County Only)
7.

Rebate Details: (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 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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REGULAR AGENDA ITEM


ADOPTION OF SOUTH WAKE LANDFILL INTERLOCAL AGREEMENT

AND AWARD OF LANDFILL SERVICES CONTRACT


Mr. David Cooke, County Manager reviewed the steps the Board had been through to arrive as this point and that a work session was held on June 2, 2006 on this matter. He reviewed the staff recommendation as follows:

Specific Action Requested

The Board of Commissioners approve
1) A 25-year Interlocal Agreement with municipalities creating a partnership for the use of the South Wake Municipal Solid Waste Landfill, and establishes June 30, 2006 as the deadline for municipalities to approve the Interlocal Agreement.
2) Approve the South Wake Municipal Solid Waste Landfill services contract with Santek Environmental, Inc. and authorize the Chairman to execute said contract.

A motion was made by Commissioner Ward, seconded by Commissioner Council, to


1) Approve a 25-year Interlocal Agreement with municipalities creating a partnership for the use of the South Wake Municipal Solid Waste Landfill, and establishes June 30, 2006 as the deadline for municipalities to approve the Interlocal Agreement.


2) Approve the South Wake Municipal Solid Waste Landfill services contract with Waste Industries, Inc. and authorize the Chairman to execute said contract once the contract has met the approval of the County Attorney.

Commissioner Gardner provided a presentation showing other options for the Board. Commissioner Garner then offered a substitute motion, seconded by Chairman Gurley, for the County to sign a five-year agreement with the lowest cost out-of-county provider; have staff develop a 100-year solution using other technologies; the County would work with Holly Springs to market the designated site in Holly Springs for industrial or regional mall opportunities; have the County accept Holly Springs proposal to forfeit ad valorem taxes for 25 years; and assess the site for possible location of three schools.

Roll Call Vote on the Substitute Motion by Commissioner Garner went as follows:

Phil Jeffreys – Nay

Kenn Gardner – Aye

Betty Lou Ward – Nay

Joe Bryan – Nay

Herb Council – Nay

Harold Webb – Nay

Tony Gurley – Aye

The substitute motion failed with a two to five vote.

A roll call vote was then taken on the original motion by Commissioner Ward as follows:

Phil Jeffreys – Aye

Kenn Gardner – Nay

Betty Lou Ward – Aye

Joe Bryan – Aye

Herb Council – Aye

Harold Webb – Aye

Tony Gurley – Nay

The original motion to contract with Waste Industries, Inc. passed with a five to two vote.

The Chairman called for a short recess.

The Chairman reconvened the meeting.


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Mr. Larry Morgan presented the request for an amendment to the zoning ordinance. Chairman Gurley opened the public hearing. Mr. John Miller, Planning Board Vice Chairman, stated that the Planning Board unanimously approved this rezoning request at their May 3, 2006 meeting. David York spoke on the rezoning request. Chairman Gurley closed the public hearing. Staff recommended approval of the requested zoning map amendment with the petitioner’s proposed conditions.


PUBLIC HEARING

PETITION ZP-853-05: PROPOSAL TO REZONE 26.81 ACRES FROM

HIGHWAY DISTRICT TO CONDITIONAL USE-HEAVY COMMERCIAL


ORDINANCE AMENDING THE WAKE COUNTY ZONING MAP TO
REZONE 26.81-ACRES FROM HIGHWAY DISTRICT (HD) TO CONDITIONAL USE- HEAVY COMMERCIAL (CU-HC)


WHEREAS, the requested proposal is to rezone from Highway District (HD) to Conditional Use-Heavy Commercial (CU-HC) 26.81 acres located on the northeastern side of US Highway 70 approximately 0.6 miles northwest of its intersection with Guy Road being parcel # 1730.04-83-9876 (ZP-853-05);

WHEREAS, the petitioner’s conditions allow for all Heavy Commercial uses per Section 1-1-38 of the Wake County Zoning Ordinance, except for drive-in movie theaters; adult cabarets and establishments; outside storage of goods not related to sale or use on premises; scrap materials; salvage yards; junkyards; automobile graveyards; mining or quarry operations including on-site sales of products; coal or aggregate sale and or storage; concrete mixing plants; reclamation landfills; commercial greenhouses; and recyclable material collection centers.

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

WHEREAS, the Fuquay-Varina/Garner Area Plan, which is part of the Wake County Land Use Plan, designates this area as a Community Activity Center (CAC), which may include retail stores and service establishments, supermarkets, hotels and motels, warehousing, community distribution centers, specialty stores, discount stores, specialty medical offices, legal firms, community libraries, fire stations, and similar uses;

WHEREAS; the proposed uses comply with the Fuquay-Varina/Garner Area Plan;

WHEREAS, the proposal complies with the Land Use Plan’s Transitional Urban Development policies (TUDs) regarding provision of water and sewer services and the provision of transportation facilities;

WHEREAS, the proposal complies with the Transitional Urban Development policies (TUDs) regarding

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

WHEREAS, on May 3, 2006 the Wake County Planning Board voted 7-0 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 on June 5, 2006 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 Fuquay-Varina/Garner Area 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 Highway District (HD) to Conditional Use-Heavy Commercial (CU-HC) (conditions listed below).
SECTION II

In making this petition, the owner freely offers the following conditions to be applied to the Conditional Use- Heavy Commercial (CU-HC):

1. Prohibited Uses
a. Drive-in movie theaters.
b. Adult cabarets and establishments
c. Outside storage of goods not related to sale or use on premises
d. Scrap materials, salvage yards, junkyards, automobile graveyards
e. Mining or quarry operations, including on-site sales of products; coal or aggregate sale and or storage; or concrete mixing plants.
f. Reclamation landfills
g. Commercial greenhouse operations
h. Recyclable material collection centers.

2. Prohibited Uses Adjacent to Existing Residential Uses
a. Hotels and motels
b. Pool halls and bowling alleys
c. Bars, night clubs, and ABC permitted private clubs

3. Impervious Surface Limitations
The total impervious surface coverage of the property may exceed 30% of the area of the property only if on-site detention of sediment and storm water is provided for the runoff in excess of that which would occur with 30% impervious surface coverage.
SECTION III

This amendment shall become effective upon adoption of this ordinance.

Commissioner Bryan made a motion that the above ordinance be adopted. Commissioner Webb seconded the motion, and upon vote, the motion carried this 5th day of June 2006.

This Instrument Approved as to Form

____________________ ____________________
Wake County Attorney Date

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NORTH CAROLINA DEPARTMENT OF TRANSPORTATION’S SECONDARY ROADS

CONSTRUCTION PROGRAM FOR WAKE COUNTY


The following representatives from the North Carolina Department of Transportation were present: Battle Whitley, Jason Holmes, Jeff Allan, Joey Hopkins and Wally Bowman. Mr. Bowman presented the two programs stating additional challenges have been placed on the progress of the program. He stated they were expecting reductions in budgeted expenditures in the future.


Upon motion by Commissioner Bryan, seconded by Commissioner Council, the Board unanimously voted to accept the North Carolina Department of Transportation Secondary Roads Construction Program for Wake County for 2005-2006 and 2006-2007.

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LAND ACQUISITION FOR AN ELEMENTARY SCHOOL, OPEN SPACE, AND

TOWN OF FUQUAY-VARINA PARK


Mr. Robert Hinson and Ms. Betty Parker spoke in support of the request for land acquisition for an elementary school, open space and Town of Fuquay-Varina Park.

RESOLUTION R06-xx
APPROVAL OF LAND ACQUISITION FOR NEW SCHOOLS

WHEREAS, the Wake County Board of Education is engaged in a Long Range Building Program; and,

WHEREAS, the Wake County Board of Commissioners has approved certain projects for new schools as part of the schools capital building program, and land will need to be acquired for their construction; and,

WHEREAS, the Wake County Board of Education has duly requested, through a resolution adopted February 7, 2006, that the Board of Commissioners approve the acquisition of land for an elementary school on Chambers Road (E-23).

NOW, THEREFORE, BE IT RESOLVED that the Wake County Board of Commissioners hereby authorizes the following:


The Board of Education and Board of Commissioners jointly acquire 53.06 acres of land, (Parcel ID# 0082683) in Fuquay-Varina at a price of $15,000 per acre estimated to total ($795,000) for an elementary school (E- 23) and other mutually agreeable public uses; and

Enter into an Inter-Local Agreement for approval by the two Boards for master planning and the division of the property into multiple tracts; the division shall be based upon a master plan jointly prepared by the County, School System and other partner(s) contributing financially to the project; It is tentatively contemplated that the division would include approximately 17 acres for an Elementary School, 13.5 acres for a Town Park and the balance for open space preservation. The tracts will be separately titled between the respective partners after approval of the master plan by the two Boards.

Adopted this the 19th day of June, 2006.

Upon motion by Commissioner Council, seconded by Vice Chairman Webb, the Board unanimously voted to adopt the resolution for LAND ACQUISITION FOR AN ELEMENTARY SHOOL, OPEN SPACE, AND TOWN OF FUQUAY-VARINA PARK and approve the corresponding budget revision to appropriate Open Space bond funds.


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REPORT ON THE REQUEST FROM

WAKE COUNTY BOARD OF EDUCATION TO REALLOCATE PLAN 2004 FUNDS


Ms. Patti Head, Chairman of the Wake County Board of Education spoke to the Board concerning the funding for schools and in support of the request for land acquisition for new schools. She provided the 2008 academic goals for Wake County Schools and informed the Board that the Board of Education and its staff identified $20.7 million in savings. They have a clean audit and in March won the North Carolina Governor’s Award for their fiscal management.

Mr. Don Haden stated that they are working hard on these sites. It was noted that one project was coming in $3 million over the other project.

No action was taken since this is the first reading of the resolution in support of land acquisition for an elementary school, open space and Town of Fuquay-Varina Park.


RESOLUTION REQUESTING REALLOCATION OF FUNDING

PLAN 2004 CAPITAL BUILDING PROJECTS


WHEREAS, the Wake County Board of Education is engaged in a Long-Range Building Program, and

WHEREAS, the Wake County Board of Education has approved the projects listed below as part of its PLAN 2004 Building Programs, and contracts have been or will be let for planning and design services.

NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Wake County Board of Education requests that the Wake County Board of Commissioners reallocate funds as follows:

FROM
AMOUNT
TO
AMOUNT

PLAN 2004 Building Program

Plan Contingency

$15,754,903

East Garner Elementary (E-13)
$3,978,812

Wakelon Elementary (E-15)
$6,893,103

Holly Grove Elementary (E-18)
$4,882,988

PLAN 2004 Total

$15,754,903
$15,754,903

Resolved this 16th day of May 2005 WAKE COUNTY BOARD OF EDUCATION


By: ___________________________________

Patti Head, Chair

Attest: _________________________________

William R. McNeal, Jr., Secretary

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RESOLUTION R-2006-XX

REALLOCATION FUNDS FOR E13, E15, AND E-18


WHEREAS, the Wake County Board of Education is engaged in a Long Range Building Program; and

WHEREAS, the Wake County Board of Education has duly requested, through a resolution adopted May 16, 2006, that the Board of Commissioners approve the reallocation of $15,754,903 from Plan 2004 program contingency to E-13, E-15, and E-18.

NOW, THEREFORE, BE IT RESOLVED that the Wake County Board of Commissioners hereby reallocates funds as follows:

FROM
AMOUNT
TO
AMOUNT

PLAN 2004 Building Program

Plan Contingency

$15,754,903

East Garner Elementary (E-13)
$3,978,812

Wakelon Elementary (E-15)
$6,893,103

Holly Grove Elementary (E-18)
$4,882,988

PLAN 2004 Total

$15,754,903
$15,754,903

Adopted this the 16th day of May 2006.


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PUBLIC HEARING TO CONSIDER THE FISCAL YEAR 2007 BUDGET


Chairman Gurley called the public hearing open on the Fiscal Year 2007 Budget. The following citizens spoke:

Ronald Roof – 11405 Dunleith Dr., spoke in support of a merit increase for the part-time fire fighters.

Donald Pierce – 3421 Foy Glen Court, Apex, spoke in support a merit increase for the part-time fire fighters.

Helen Poole, 100 Rivergreen Court, Cary, Chairman of the Wake County Human Services Board, spoke in support of the Manager’s recommended budget, the $5 million for the psychiatric facility and increases for schools.

Bill Stanford, 6708 Woodmere Dr., Raleigh, spoke in support of the Manager’s Recommended Budget, support for two employees for Developmental Disabilities programs and school nurses.

Virginia Tally, 2200 Atkins Dr., Raleigh, spoke in support of funding for the expansion of the South Raleigh Library.

John Gilbert, Dion Churrie and Cherie Poucher from the Board of Elections office, spoke in support of their request for funding for voting sites and equipment for one-stop voting for the November election.

Hope Carmichael, 2520 York road, Raleigh, spoke in support of schools bonds and against a multi-track year round calendar for schools.

Reverend Paul H. Anderson, 6212 Bramblewood Dr., Raleigh, spoke in support of funding for the position for the homelessness program, Support Circles.

Bill Wendel, 5604 Laniel Court, Raleigh, spoke in support of the Support Circles program for the homeless.

Sandra Babb, 5615 Lambshire Dr., Raleigh, spoke in support of the Manager’s Recommended Budget and funding for the expansion of the South Raleigh Community Library.

Laura Busse, 1412 Glenwood Ave., Raleigh, addressed the Board about an unpaid invoice.

Eleanor Jordan, President of the Arts Council in Raleigh, provided an activity report for the last year and thanked the Board for their increased funding for 2007.


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CITIZENS’ FACILITIES ADVISORY COMMITTEE


Chairman Gurley reported that the Board of Commissioners and the Board of Education have jointly selected a panel of 12 members who have expertise in corporate leadership, architecture, engineering, financial management, and/or public administration to serve on the Citizens’ Facilities Advisory Committee. The purpose of this committee is to have citizen involvement in construction for school facilities and may extend to county facilities.

Name Category

Fred Atkins Retired/At large (Retired Deputy Secretary for DOT)

Spi Asefnia Engineer (Sepi Engineering)

Glenn Blackley Retired/At-large (Retired Facilities Manager for Wake County

Justus Everette Engineer (President of ABE Utilities)

Roddy Jones Contractor (Chairman, Davidson & Jones Hotel Corp.)

Russell Killen Attorney (Parker, Poe, Adams & Bernstein)

John Mabe Attorney (Maupin, Taylor & Ellis)

Billie Redmond Real Estate (Trademark Properties)

Jim Smith Architect

Terry Stoops Policy Analyst

Eddie Truelove Contractor (Past Member of State Building Commission,

Past President of Association of Building Contractors)

Rob Weaver Banker (Senior VP and marketing Manager of Bank of America)


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APPOINTMENTS TO BOARDS AND COMMITTEES


Upon motion by Commissioner Gardner, seconded by Commissioner Council, the Board unanimously voted to accept the nominations by acclamation.


a. Wake County Adult Care Home Community Advisory Committee
Reverend Sears Robinson

b. Wake County Library Commission

c. Wake County Nursing Home Community Advisory Committee

(Term expires – May 31, 2008)

Constance E. Burbank

d. Wake County Open Space and Parks Advisory Committee

(Term expires - June 30, 2008)

Jessica Bellas

Sig Hutchinson

Sherry Johnson

Margaret Newbold

Sara Robertson

e. Wake Technical Community College Board of Trustees

(Term expires June 30, 2010)

Keith Shackleford (reappointment)


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COMMITTEE REPORTS


There were no committee reports.


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OTHER BUSINESS


Commissioner Bryan recognized Chairman Gurley’s son Robert Gurley who was visiting the Board meeting today as part of working on his Eagle Scout Award.


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CLOSED SESSION


There was no closed session at this meeting.


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MEETING WAS RECESSED UNTIL 7:00 P.M., AT THE COMMONS BUILDING, WAKE COUNTY OFFICE PARK FOR A BUDGET PUBLIC HEARING.

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Respectfully submitted,

Susan J. Banks, CMC

Clerk to the Board

Wake County Board of Commissioners