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    Minutes of 09-19-2005 Board of Commissioners Meeting (adopted)
WAKE COUNTY BOARD OF COMMISSIONERS
MINUTES
September 19, 2005

The Wake County Board of Commissioners met in regular session Monday, September 19, 2005, at 2:00 p.m. in the Commissioners’ Meeting Room, 7th Floor, Wake CountyCourthouse, 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 Ward, seconded by Commissioner Council, the Board unanimously approved the agenda as amended: that the following consent agenda items be placed on the regular agenda: 1) Amendment to Acreage Fee Reimbursement Agreement with the Town of Zebulon, and 2) Tax Committee Recommendations for Value Adjustments, Late-Filed Applications, Collections Refunds and Tax Collections Report; and that consent agenda item “Lease Extension for the South Branch Library” be removed and considered at a future meeting.
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APPROVAL OF MINUTES

Upon motion of Commissioner Gardner, seconded by Commissioner Webb, the Board unanimously approved the minutes of August 15, 2005; September 1, 2005; and September 12, 2005.
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PROCLAMATION
RECOGNIZING SEPTEMBER 2005 AS
HEALTHY WAKE COUNTY MONTH

Wake County celebrated Healthy Wake County Month for the first time in September 2004. Wake County Human Services is again requesting that the Board of Commissioners proclaim September 2005 as Healthy Wake County Month. A number of activities have been planned to encourage everyone to get up and move for their health and the health of their community.

Commissioner Ward moved that the Board of Commissioners proclaim September 2005 as Healthy Wake County Month. Commissioner Council seconded the motion and upon vote, the motion passed unanimously.
Healthy Wake County Month Proclamation - September 2005
__________________________________
/s/Joe Bryan, Chairman
Wake County Board of Commissioners

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LAKE CRABTREE PCB TASKFORCE UPDATE

Chairman Bryan recognized Mr. Tom McCormick, City Attorney and member of the PCB Cleanup Task Force. Mr. McCormick recognized the members of the Task Force representing the City of Raleigh, the Town of Cary and Wake County. He outlined the objective of the Task Force: to determine the exact level and extent of contamination; determine why nothing has been done to date to clean up the contamination; and to hasten the cleanup and make certain it is complete.

Mr. McCormick reported that the Task Force has held a series of four meetings. He then presented the following recommendations:
1. Direct all three local governments that their highest priority for the Ward Superfund Site is the immediate cessation of the continued spread of PCBs, or the threat from PCB contamination from the Ward Site into the waters of the state. Apply local government powers if the stormwater flow is not halted by November 1, 2005.

2. Assist EPA and NCDENR in the ongoing efforts to determine the full reach of PCB contamination in fish or sediment in and downstream from Lake Crabtree.

3. Request that the signs for fish health advisories be altered as the current warnings do not appear to be effective in preventing the consumption of fish taken from Lake Crabtree.

4. Request that the signs for fish health advisories be altered regarding public health warnings and the statement there is no risk from swimming and other recreational activities.

5. Have the Ward Transformer property completely enclosed with a perimeter fence providing security against entry and posted with appropriate signs warning of the PCB contaminated conditions of the property.

6. Recommend local powers to be used, to the extent available, if the removal of contaminated soils at the site has not begun by November 1, 2005.

7. Contact Secretary Ross to find when he, as the state natural resources trustee, will begin the official process to establish the restoration to be implemented for natural resource damages and the costs of such restoration.

8. Post information on websites, in Planning Departments and Health Agencies, and use other public communication means to alert the public to the potential health risk from the site, including workers and the public using impacted natural resources.

9. Direct the managers of each local government, in conjunction with their legal counsel to implement the remaining recommendations in the full set of recommendations of the Task Force and when necessary, to consult with the governing bodies as required to fully implement the recommendations.

10. Continue the work begun by the Task Force as a combined effort by the three most impacted local governments.

Following a brief question and answer period, the Board received the report of the Lake Crabtree PCB Cleanup Task Force as presented.
Staff was requested to further review the information before the Board moves forward with the recommendations.
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AFRICAN AMERICAN CULTURAL CONSORTIUM PROJECT UPDATE

On January 18, 2005, the Board of Commissioners approved a $15,000 request from the City of Raleigh to initiate a feasibility study to determine whether the missions, goals and programs of the African-American Cultural Center, the Pope House and the Martin Luther King, Jr. Center could be better served by coordination in a common facility. The City of Raleigh contributed an equal amount for the study for total funding of $30,000.

Lew Myers and Tom Tingle of the Freelon Group, the company conducting the study, along with Felicia Bailey-Taylor of the City of Raleigh Planning Department, presented information on programming and space requirements for a new facility housing all three organizations. The facility is proposed to be located on a site bounded by East Lenoir, South Blount, Cabarrus and S. Wilmington Streets, consisting of approximately 55,000 square feet. The study looked at spaces for the individual programs and space that could be share, land acquisition costs, and sources of funding.
The Raleigh City Council will consider the plan at its October 4, 2005 meeting; if approved, an economic feasibility study will be conducted, in conjunction with the Raleigh Convention and Visitors Bureau, to look at the impact on the area.

The Board of Commissioners received the information on the African American Cultural Consortium Project, as presented.
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BUDGET AMENDMENT
WORKFORCE DEVELOPMENT PROJECT ORDINANCE

The Wake and Johnston County Boards of Commissioners created the Capital Area Development Consortium in 1982. The Consortium’s Workforce Development Board is a private sector led board, in partnership with local government, which provides direction and oversight of workforce development activities for Wake and Johnston counties and administers federal and state workforce funds.

The Workforce Development Ordinance reflects appropriations made by the Board of County Commissioners for workforce development initiatives that benefit businesses and job seekers in the Capital area. Monies are maintained in a special revenue fund, as these funds are legally restricted to expenditures for specified purposes.

The Capital Area Workforce Development Consortium is requesting the incorporation of the following funding authorizations to the Workforce Development Ordinance, totaling $40,250:
Upon motion of Commissioner Webb, seconded by Commissioner Gurley, the Board unanimously approved the acceptance of Workforce Development funding in the amount of $40,250 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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ACCEPTANCE OF $9,500 IN FEDERAL GRANT FUNDS
FOR THE IMPLEMENTATION OF
AN EXOTIC INVASIVE SPECIES CONTROL PROGRAM
(Chinese Privet and Japanese Stilt Grass)

The National Association of Counties (NACo) in partnership with the Environmental Protection Agency, the National Marine Fisheries, the National Fish and Wildlife Foundation, and the Wildlife Habitat Council provide grant funding under the Five Star Restoration Challenge Grant program to support restoration projects in wetlands, coastal areas or riparian corridors. Wake County Environmental Services Department has been selected to receive $9,500 to implement a comprehensive exotic invasive species control and education.

The grant funding will be matched with in-kind financial support totaling $13,659 from partnership agencies.
Upon motion of Commissioner Jefferys, seconded, by Commissioner Gardner, the Board unanimously approved the receipt of Federal Environmental Protection Agency grant funds from the National Association of Counties in the amount of $9,500 along with the approval of the appropriate budget revision for the implementation of an exotic invasive species control program.
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CONVEYANCE OF A UTILITY EASEMENT TO
PROGRESS ENERGY CAROLINAS TO PROVICE SERVICE
TO THE NEW WEST REGIONAL LIBRARY

A construction contract has been awarded for the West Regional Library located on Louis Stephens Drive in Cary. In order to provide electrical service to this facility, it will be necessary for Progress Energy Carolinas, Inc. to install temporary above-ground and permanent underground electrical service including a new transformer. Progress Energy has requested an easement ten-feet wide for the temporary and new underground service and 10-feet around all sides of the new transformer.

County staff has reviewed the location of the easement and recommend approval.

Upon motion of Commissioner Council, seconded by Commissioner Ward, the Board unanimously approved the conveyance of an easement to Progress Energy Carolinas, Inc. for the installation and maintenance of electrical service facilities for the West Regional Library, subject to terms and conditions satisfactory to the County Attorney.
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CONVEYANCE OF A GREENWAY EASEMENT TO THE
TOWN OF CARY ACROSS COUNTY-OWNED PROPERTY,
SITE 23, CRABTREE WATERSHED PROJECT

In 1988 Wake County conveyed an easement to the Town of Cary for the construction, operation and maintenance of the Black Creek Greenway Trail. This easement currently crosses both privately owned property and County-owned property that was purchased for Site 23 of the Crabtree Creek Watershed Project. The Black Creek Greenway Trail connects the Town of Cary Greenway System to the mountain bike trails in Lake Crabtree County Park and the trail system within Umstead State Park. It is planned that this trail system will eventually connect through Umstead State Park to the City of Raleigh Greenway System along Crabtree Creek.

The Town of Cary is proposing the relocation of a section of this trail. The proposed realignment would locate the greenway corridor mostly off private property and would include widening to ten feet to meet Cary’s new standard and the installation of indigenous landscaping, including wildlife plantings.

The request has been reviewed and County staff recommends approval.

Upon motion of Commissioner Gardner, seconded by Commissioner Webb, the Board unanimously approved the conveyance of a 20-foot wide permanent greenway easement (approximately 0.48 acres) and a 15-foot wide temporary construction easement on either side (approximately 0.55 acres) across County-owned property at Site 23, Crabtree Creek Watershed Project.
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APPROVAL OF CONTRIBUTION
TO THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS
SCHOLARSHIP FUND IN HONOR OF RON AYCOCK

The North Carolina Association of County Commissioners voted to honor Ron Aycock with a new scholarship in his name at the Public Administration Program run by the Institute of Government at the University of North Carolina at Chapel Hill. Mr. Aycock has served as Executive Director of the Association for more than thirty years,

Upon motion of Commissioner Ward, seconded by Commissioner Council, the Board unanimously approved a $1,000 contribution to the North Carolina Association of County Commissioners Scholarship Fund in honor of Ron Aycock.
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MULTI-YEAR LEASE OF OFFICE SPACE
FOR THE WAKE COUNTY REVENUE REVALUATION OFFICE

The Wake County Revenue Office will be initiating the Wake County real property revaluation process beginning in December 2005. It is required by NC General Statutes that the revaluation of property be conducted every eight years or less. As a part of this process, it will be necessary to secure additional office space for a period of three years to be utilized by the staff during the re-appraisal process. Wake County requested proposals for space from property owners located in the downtown area. The only proposal received was from RDC Property Management for space located at 414 Fayetteville Street.

Staff recommends acceptance of the proposal from RDC Property Management with the term of the lease commencing November 1, 2005, to allow time for the installation of furniture, equipment and telecommunications.

Upon motion of Commissioner Gurley, seconded by Commissioner Jeffreys, the Board unanimously authorized staff to negotiate a full service lease agreement for 9,578 sq. ft. in the 414 Fayetteville Street Building for a term of 36 months, with RDC Property Management, LLC with the first year lease payment to be $10.75 sq. ft. with a 3% annual escalation increase thereafter; and that the County Manager be authorized to execute said lease agreements, subject to the terms and conditions of the documents being acceptable to the County Attorney.
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APPROVAL OF AUTHORITY FOR DEPUTY FINANCE DIRECTOR
TO SIGN FINANCIAL DOCUMENTS
IF THE FINANCE DIRECTOR IS UNAVAILABLE

By North Carolina General Statute, the Finance Director is a required signature on several grants, contracts, and other financial documents. There is a need to have a second person authorized to sign documents and perform pre-audit functions in case the Finance Director is unavailable.

Upon motion of Commissioner Webb, seconded by Commissioner Ward, the Board unanimously approved authorizing the Deputy Finance Director to sign financial documents if the Finance Director is unavailable.
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DISPOSAL OF SURPLUS PROPERTY

Wake County owns thirty-eight defibrillators that are outdated and being replaced by newer units. As allowed by North Carolina General Statute, it is requested that the existing units be declared as surplus and used as a trade-in credit toward the purchase of new units.

The County issued and received bids to purchase the new units. Included in that bid was the option to use the existing units as trade-ins. Medtronic Physio-Control was the overall low bidder for the purchase of the new units and offered the highest trade-in credit per unit for the existing defibrillators.

Upon motion of Commissioner Jeffreys, seconded by Commissioner Council, the Board unanimously declared defibrillators as surplus property and authorized disposal as a trade-in credit toward the purchase of new units.
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AMENDMENT TO ACREAGE FEE REIMBURSEMENT AGREEMENT
WITH THE TOWN OF ZEBULON

Over the years Wake County has partnered with municipalities in the construction of various water and sewer facilities to provide interconnection of municipal systems and to promote industrial development. These agreements provided that the municipality providing service through these water and sewer lines would collect acreage fees as taps were made and would remit these fees to Wake County as reimbursement to the County’s share of the funding.

In 1987 the County entered into an agreement with the Towns of Zebulon, Wendell and Knightdale to provide $65,305 in funding for the upgrade of existing water booster pump station located on US 64 to increase the available water supply from the City of Raleigh to these three municipalities. The agreement provided that these municipalities would collect acreage fees from owners connecting to the water line located on US 64 and remit those fees to the County until the County was fully repaid. The amount to be repaid was allocated to these three municipalities based upon their proportionate share of the water to be provided by the pumping station upgrade. The Town of Zebulon’s share of the funding repayment and the current outstanding balance is $13,061.

In 1995, the County entered into another agreement with the Town of Zebulon for the extension of water and sewer lines to the new PYAS/Monarch Foodservice Distribution Facility located at the 164/NC 39 interchange. Funding from the County was $144,345 with the condition that the Town was to collect acreage fees as taps were made and remit these fees to the County as reimbursement. To date there have been no payments made to the County for this project.

The Town of Zebulon is requesting that the County agree to amend the agreements to state that all obligations in regards to these projects will be paid upon finalization of the merger of the Town of Zebulon’s Enterprise Fund to the City of Raleigh.

This item was pulled from the consent agenda and following the County Manager’s response to questions raised about the proposed amended agreement, Commissioner Gardner moved approval of the proposed amendment to agreements executed between Wake County and the Town of Zebulon on November 9, 1987, for the US 64 Booster Pump Station and on December 13, 1995, for the PYA Monarch Water and Sewer Project, subject to the approval by the County attorney, and with the stipulation that the City of Raleigh provide clarification of the amended agreement for the protection of both the City and the County. The motion was seconded by Commissioner Council and was unanimously approved.
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APPROVAL OF TAX REPORT

Several Commissioners brought to staff’s attention that they had received complaints about the appraisal of vehicles—how they are appraised and the valuation for tax purposes. Staff was requested to look at 1) how vehicles are appraised; and 2) hearing some of the appraisals, possibly through the Tax Committee.

Following comments, Commissioner Gardner moved approval of the Tax Report as recommended by the Tax Committee. The motion was seconded by Commissioner Council and was unanimously approved.

1.
Report of Collections – Wake County Only – July 2005
2.
Wake County In-Rem Foreclosure Progress Report – July 2005
3.
Value Adjustments and Special Situations: (Wake County Only), (Wake County
and Town of Cary), (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 Morrisville), (Wake County and City of Raleigh)
5.
Consideration of Requests for Exemptions – Late Filed Applications:
(Wake County Only), (Wake County and Town of Garner), (Wake County and City
of Raleigh)
6.
Consideration of Refund for Taxes, Interest, and Penalties: (Wake County Only),
(Wake County and Town of Apex), (Wake County and Town of Cary), (Wake County
and Town of Holly Springs), (Wake County and Town of Knightdale), (Wake County
and City of Raleigh), (Wake County and Town of Wake Forest), (Wake County and
Town of Wendell)
7.
Request for Tax Relief-Late Filed Applications: (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), (Wake County and Town of Wake Forest), (Wake County and Town of
Wendell), (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 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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HURRICANE KATRINA EVACUEE CENTER
UPDATE, APPROPRIATION, AND PROCLAMATION RECOGNIZING
EFFORTS OF WAKE COUNTY EMPLOYEES

The City of New Orleans and the US Gulf Coast suffered massive structural damage from Hurricane Katrina in the early morning hours of August 29, 2005. On Labor Day, September 5, and early September 6, approximately 400 New Orleans residents were received at RDU Airport on three different flights. Wake County Emergency Management, along with RDU and multiple local emergency responders, coordinated the assessment of the evacuees and their transportation to local hospitals or the Evacuee Center.

Chairman Bryan recognized Gibbie Harris, Community Health Director and David Goodwin, General Services Director, to give an overview of the County’s response and activities at the Center located at 901 Corporate Center Drive.

Following the overview, which included a PowerPoint presentation, and comments by the Commissioners, Commissioner Webb read aloud a resolution in appreciation of the efforts of Wake County employees.

Commissioner Ward moved approval of the resolution as read. Commissioner Webb seconded the motion and upon vote, the motion passed unanimously.

Funds are needed to cover the evacuee operations until reimbursements are received. FEMA has indicated that the Federal government will reimburse 100 percent of allowable costs.

Commissioner Ward moved that approval be given to revisions to the FY06 General Fund and Risk Management Funds budgets for the Hurricane Katrina Evacuee Center in the amount of $2 million. Commissioner Gardner seconded the motion and upon vote, the motion passed unanimously.
RESOLUTION
HONORING WAKE COUNTY EMPLOYEES
FOR THEIR SERVICE TO HURRICANE KATRINA DISASTER VICTIMS

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PUBLIC COMMENT


The Board of Commissioners desires to hear from the public about the operations and services of Wake County Government. It is for that reason a time certain (3:00 p.m.) has been set aside for public comments. Chairman Bryan recognized:
No other persons requested to be heard, and Chairman Bryan declared the public comment portion of the meeting closed.
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PARTNERSHIP AGREEMENT WITH THE TOWN OF WAKE FOREST
FOR THE ACQUISITION OF APPROXIMATELY 80.45 ACRES OF OPEN SPACE

The Town of Wake Forest has submitted a request for County participation in the fee simple purchase of approximately 80.45 acres located south of downtown Wake Forest. The property is located on Smith Creek adjacent to the Heritage Elementary and Middle Schools and the future Heritage High School site. One of the key recommendations of the Town of Wake Forest Open Space and Greenways Master Plan was to protect and conserve the primary steam corridors of Wake Forest. The acquisition of this property would serve to protect water quality and help to preserve a greenway corridor along Smith Creek which is the major north-south greenway corridor proposed for Wake Forest. This corridor runs from the Wake Forest Reservoir to the north and ends at the confluence of Smith Creek and the Neuse River. The Town recently completed the purchase of over four miles of Smith Creek stream corridor using funding provided by the Clean Water Management Trust Fund. It is the intent of Wake Forest to utilize this property for playgrounds, picnic sites, walking and jogging trails, informal open play areas, comfort station and parking.

The Town of Wake Forest has reached an agreement to purchase the property from the Trust for Public Lands for $2,232,487.50 (or $27,750 per acre). This amount is below an appraisal produced in July 2005. The Town of Wake Forest is requesting that the County provide $1,116,243.75 or 50% of the acquisition costs. The Town will provide the remaining $1,116,243.75.

Mr. Sig Hutchinson, Chairman of the Open Space Advisory Committee, along with County staff Mike Aull and Kurt Smith, presented information on the proposed purchase and the partnership agreement.

Mayor Vivian Jones, Town of Wake Forest was also recognized for comments and to present to each of the Commissioners a symbol of appreciation (pineapple-sage pound cake).

Upon motion of Commissioner Council, seconded by Commissioner Ward, the Board unanimously authorized the County Manager to execute the County’s standard Open Space Grant Agreement with the Town of Wake Forest for Wake County to provide up to $1,116,243.75 for the acquisition of the 80.45 acres, with the terms and conditions of said agreement to be acceptable to the County Attorney.
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PUBLIC HEARING
ORDINANCE AMENDMENT TO AMEND THE
WAKE COUNTY SUBDIVISION AND ZONING ORDINANCES
TO REVISE THE EXISTING LANDSCAPING AND BUFFERYARDS
REGULATIONS FOR INCLUSION IN THE WAKE COUNTY
UNIFIED DEVELOPMENT ORDINANCE (UDO)

Chairman Bryan announced a public hearing to consider an amendment to the Wake County Subdivision and Zoning Ordinances, to revise the existing landscaping and bufferyards regulations for inclusion in the Wake County Unified Development Ordinance, duly advertised as provided by statute for Monday, September 19, 2005, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.

Mr. Keith A. Lankford, Wake County Planner III, gave a brief overview of the proposed amendment. He stated that Wake County’s existing Zoning Ordinance and the proposed Unified Development Ordinance (UDO) contain provisions governing the landscaping of parking lot areas and bufferyards/screens between contrasting or dissimilar land uses. The proposed ordinance amendment enhances the current regulations and the new landscaping requirements will more effectively break up the visual impact of large parking lots that are seen as a “sea of pavement” and will provide more design flexibility for the provision of parking lot landscaping.

The current Zoning Ordinance has four different widths of bufferyards (25, 50, 75 and 100 feet) and two different types of screens (A and B) between contrasting land uses, between developed sites and vacant property, or between developed sites and rights-of-way. The proposed screening provisions of the UDO will combine the width element of bufferyards with the landscaping element of the screening and will create a smoother gradient of screen types, which will allow for a better transition between dissimilar land uses, by providing six (6) different types of bufferyards/screens (A, B, C, D, E, and F). Both the current ordinance (Type B bufferyard) and the proposed amendment (Type F screen) have a buffer/screen that applies only along thoroughfares/street fronts.

The factual situation having been presented, Chairman Bryan announced that anyone desiring to comment would be heard at this time.

No one requested to be heard in support of or in opposition to the proposed amendment.

Chairman Bryan called for the recommendation of the Wake County Planning Board and Planning staff.

Mr. Mason Williams, Chairman of the Wake County Planning Board, reported that the Planning Board had reviewed the amendment and recommend approval by the Board of Commissioners, as presented.

Mr. Lankford reported that staff recommends approval of the amendment as presented.

Thereafter, at the conclusion of the public hearing, Chairman Bryan declared the hearing closed and invited action by the Board.

Upon motion of Commissioner Council, seconded by Commissioner Webb, the Board unanimously approved the adoption of an amendment to the Wake County Subdivision and Zoning Ordinances to revise the existing landscaping and bufferyards regulations for inclusion in the Wake County Unified Development Ordinance.
WHEREAS, the proposed ordinance would address several specific strategies identified in the Growth Management Plan;

WHEREAS, the proposed ordinance would result in more attractive development by enhancing the County’s current landscaping and bufferyard requirements;

WHEREAS, the proposed ordinance would provide visual relief from the “sea of pavement” and help mitigate heat transpiration within parking lots;

WHEREAS, the proposed ordinance would provide opportunities for low-impact stormwater design within parking lots;

WHEREAS, the proposed ordinance would create a smoother gradient of screen types, which allows for a better transition between dissimilar land uses;

WHEREAS, the proposed ordinance would establish several design options for each type of screen;

WHEREAS, the proposed ordinance would provide guidance and clarity in the required composition of each screen type;

WHEREAS, the Planning Board held a public meeting on August 17, 2005 and August 24, 2005 to discuss the proposed ordinance amendment, and voted 8 to 0 to recommend that the Board of Commissioners approve the ordinance amendment;

WHEREAS, the Board of Commissioners held a duly advertised public hearing on September 19, 2005 to consider the proposed amendment;

NOW, THEREFORE, BE IT ORDAINED BY THE WAKE COUNTY BOARD OFCOMMISSIONERS:
AN ORDINANCE AMENDING THE WAKE COUNTY SUBDIVISION
AND ZONING ORDINANCES TO REVISE THE EXISTING LANDSCAPING
AND BUFFERYARD REGULATIONS
SECTION I

16-1 Landscaping and Bufferyards

16-1-1 Off-Street Parking Area Landscaping

(A) Perimeter Landscaping
(1) The parking lot perimeter landscaping requirements of this section apply to all off-street parking lots and vehicular use areas containing 10 or more parking spaces or an area of 3,000 square feet or more. “Vehicular use areas” include drive-through lanes, travel lanes, off-street loading areas and other areas upon which vehicles traverse the lot as a function of the primary use.

(2) The parking lot perimeter landscaping standards of this section do not apply where a lot to be used for the erection of a place of worship was purchased by a religious organization for that purpose and the purchase thereof is evidenced by a deed to the religious organization or the trustee or other proper officers thereof in their representative capacity and filed for registration in the Office of the Register of Deeds of Wake County on or prior to August 15, 1950.

(3) Parking and vehicular use areas must be screened from view of adjacent properties and public rights-of-way by a solid evergreen hedge a minimum of 3 feet in height. At least one canopy tree must be planted for each 40 linear feet of parking lot perimeter.

(B) Interior Landscaping

(1) The interior parking lot landscaping requirements of this section apply to all off-street parking lots containing 10 or more parking spaces except those expressly exempted under Sec. 16-1-1(A)(2), above. Interior landscaping must consist of the following:

(a) terminal landscape islands at the end of each row of parking spaces, and either;

(b) interior landscape islands within each row of parking; or

(c) a landscape divider median between abutting rows of parking spaces. (2) Each terminal and interior landscape island that is provided to meet landscape requirements, must be at least 180 square feet in size and be planted with at leasta minimum of 1 canopy tree, as well as shrubs, and ground cover. Double islands within a double row of parking (typically the area of 2 abutting parking spaces combined into a single parking lot island) must be planted with 2 canopy trees, shrubs, and ground cover.

(3) Each landscape island must have a horizontal dimension of at least 9 feet, as measured back-of-curb to back-of-curb.

(2) Where interior parking lot islands are provided, A a ratio of 1 planting landscape island with an area of at least 180 square feet must be provided for every 10 parking spaces, but in no case may any parking space be located more than 50 feet from the trunk of a tree in a single landscape island, or 75 feet from the trunk of a tree in a double landscape island or landscape median. In a row. that are not located on the perimeter of the parking area.

(4) Where landscape divider medians are provided to meet the minimum landscaped area, they must be a minimum of 8 feet in width (measured back-of-curb to back-of-curb), and be planted with a minimum of 1 canopy tree for every 40 feet of linear median, as well as shrubs and ground cover. Divider medians that are at least 15 feet in width may include a pedestrian walkway, in addition to the required landscape plantings. Landscape divider medians may serve as the first 1.5 feet of required parking stall depth for parking spaces that are designated for compact vehicles only. A maximum of 25% of the total required number of parking spaces may be designated for compact vehicles.

(3) Each planting island must have at least one canopy tree, as well as shrubs, and ground cover.

(4) One additional square foot of planting island must be provided for each 100 square feet of other vehicular use area.

(6)(5) Each planting island must have a horizontal dimension of at last 9 feet.

(6) Planting islands must be evenly distributed throughout the parking area, and no parking space may be located more than 120 feet from a planting island.

(7)(6) All parking spaces must be blocked or curbed to prevent vehicles from damaging adjacent fences or overhanging planting islands or landscaped yards by an average of more than 2 feet.

(C)(C)Plans
Whenever a parking area is required to be landscaped, the information included in the approved landscaping plan must be submitted to the Planning Director as part of the plan for a parking lot or site or development plan.

16-1-2 Bufferyards

(A) Purpose(A)

The bufferyard regulations of this section are intended to:

(1) utilize spacing and screening to buffer lower density and intensity uses from higher density or intensity uses and reduce adverse visual effects and the impacts of traffic, noise, dust, and odor;
(2) tailor bufferyard requirements to suit the varying intensities of use; and
(3) require adequate screening of commercial and industrial uses along thoroughfares to preserve building values and to enhance the visual appearance of road corridors.

(B) Applicability

(1) Any new nonresidential use or high-density residential use must provide bufferyards and screening in accordance with the requirements of this section.
(2) Any change in a nonresidential use to a more intensive class of use, or expansion of an existing nonresidential or high-density residential use by 25% or more of the floor area and/or impervious surface associated with the use as of August 15, 1996 must provide bufferyards and screening in accordance with the requirements of this section.
(3) In the case of an expansion of a lawful existing use, when the degree of expansion does not exceed 50%, such expansion need only provide a bufferyard and screening that meets the requirements of this section to a degree proportional to the degree of expansion. For example, a 30% expansion of an existing use must provide a bufferyard meeting 30% of required bufferyard depth and plant density (screen) requirements. For purposes of this section, existing uses include proposed uses for which a land use permit has been issued and remains valid, and the class of a use and zoning of vacant land must be determined from the bufferyard table in Sec. 0. These bufferyard regulations apply whether or not the adjoining lot is in the same zoning district. (See Sec. 0 for other instances in which bufferyards are required).
(4) No landscaping material will be allowed within a minimum radius of three (3) feet around any fire hydrant. Additionally, each fire hydrant shall be provided with a minimum three (3) foot wide access, from the adjacent parking lot, driveway, or street, that is unobstructed by any landscaping material (other than grass). Access roads shall be maintained so as to remain clear of all vegetation for a width of 20 feet and a height of 13 feet 6 inches to allow for emergency vehicle access.
(5) The buffers required by this section do not apply to temporary uses.


(C ) Location of Bufferyards

Bufferyards must be located:

(1) along the perimeter of a lot or parcel, but not within any portion of an existing or planned road right-of-way; or
(2) in instances where the area represented by a site plan is significantly less than the total area of the lot of record, the Planning Director may permit the screening required between the proposed use and adjacent lots to be located in a bufferyard surrounding the smaller area provided that: (D) Bufferyard Table

The following table establishes minimum bufferyard depth and screen (landscape planting) standards. To determine the applicable requirements,
first identify the class of the proposed (new, changed, or expanded) use. Then identify the class of each adjacent existing use and the zoning of
each adjacent vacant lot. The intersection of the row associated with the proposed use and the column associated with the adjacent use shows
the minimum depth and screening requirement; the number indicates the bufferyard depth (in feet) and the letter indicates the type of screen
required.

NAŻno bufferyard required
[1] A low-density residential use is a residential use with a density less than 3 dwelling units per acre.
[2] A medium-density residential use is a residential use with a density between 3 and 6 dwelling units per acre.
[3] A high-density residential use is a residential use with a density of more than 6 dwelling units per acre.
[4] A low-intensity nonresidential use is a nonresidential use with a floor area ratio (gross floor area/site area) no greater than 0.15 and an impervious surface coverage no greater than 30%.
[5] A medium-intensity nonresidential use is a nonresidential use with a floor area ratio (floor area/site area) greater than 0.15 but no greater than 0.30, or an impervious surface coverage greater than 30%, but no greater than 60%.
[6] A high-intensity nonresidential use is a nonresidential use with a floor area ratio (floor area/site area) greater than 0.30 or an impervious surface coverage greater than 60%.
[7] The buffers listed in the table above cannot be reduced except as authorized by Sec. 16-1-2 (G) and Sec. 16-1-2 (H), or by the granting of a variance by the appropriate Wake County Board.

(E) Overlap with Required Setbacks

In the event that bufferyard depth requirements conflict with zoning district setback requirements, the stricter standard governs.

(F) Screen Types

Landscape Plan Variations

(1) The quantities of plant materials noted below represent the number of deciduous canopy trees, full size evergreen trees, deciduous understory trees, evergreen understory trees, and shrubs that are necessary to create the type of screen specified. These stated quantities represent the number of each plant type (e.g.—deciduous canopy tree or shrub) that is necessary to achieve the specified type of screen.

(2) The Planning Director shall have the authority to allow variations in the mix of plants required, up to a maximum of 25% of the total required number of each type of tree (i.e.—deciduous canopy tree, evergreen tree, deciduous understory tree, or evergreen understory tree) and up to a maximum of 35% of the shrubs (depending upon species), in order to encourage creativity in landscape design, to more effectively create a buffer or screen, to address site issues such as topography or geological features, or to allow for more efficient irrigation or water use practices so long as the intent of Section 16-1-2 (A) is still met.

(3) The following options are examples of the plantings needed to meet the required screening, however, the applicant can propose an alternative design, prepared by a registered landscape architect, that meets the same screening standard.

(Deleted proposed paragraph on Opacity Factors and corresponding lines in subparagraphs (1) through (6) below).

(1) Type A Opaque Screen
Whenever a Type A screen is required, the applicant may choose to provide any of the following screen options. The examples below are expressed in terms of the number of plants required per 100 feet of bufferyard length, and an 80-foot width.

(a) Example 1—Evergreen Screen

(b) Example 2—Deciduous Screen (c) Example 3— Mixed (Evergreen–Deciduous) Screen (d) Example 4—Overhead Utility Screen (2) Type B Intermittent-1 Screen

Whenever a Type B screen is required, the applicant may choose to provide any of the following screen options. The examples below are
expressed in terms of the number of plants required per 100 feet of bufferyard length, and a 60-foot width.

(e) Example 1—Evergreen Screen (f) Example 2—Deciduous Screen (g) Example 3—Mixed (Evergreen–Deciduous) Screen (h) Example 4—Overhead Utility Screen
(3) Type C Intermittent-2 Screen

Whenever a Type C screen is required, the applicant may choose to provide any of the following screen options. The examples below are
expressed in terms of the number of plants required per 100 feet of bufferyard length, and a 40-foot width.

(i) Example 1—Evergreen Screen

(j) Example 2—Deciduous Screen (k) Example 3—Mixed (Evergreen–Deciduous) Screen (l) Example 4—Overhead Utility Screen (4) Type D Intermittent-32 Screen

Whenever a Type D screen is required, the applicant may choose to provide any of the following screen options. The examples below are expressed in terms of the number of plants required per 100 feet of bufferyard length, and a 30 -foot width

(m) Example 2—Deciduous Screen (n) Example 3—Mixed (Evergreen–Deciduous) Screen (o) Example 4—Overhead Utility Screen (5) Type E Intermittent-4 Screen

Whenever a Type E screen is required, the applicant may choose to provide any of the following screen options. The examples below are expressed in terms of the number of plants required per 100 feet of bufferyard length, and a 20-foot width.

(p) Example 1—Evergreen Screen

(q) Example 2—Deciduous Screen (r) Example 3—Mixed (Evergreen–Deciduous) Screen (s) Option Example 4—Overhead Utility Screen (6) Type FE D Broken Streetfront Screen

Whenever a Type F screen is required, the applicant may choose to provide any of the following screen options. The examples below are expressed in terms of the number of plants required per 100 feet of bufferyard length, and a 10-foot width.

(t) Example 1—Evergreen Screen

(u) Example 2—Deciduous Screen (v) Example 3—Mixed (Evergreen–Deciduous) Screen (w) Example 4—Overhead Utility Screen (G) Depth Reductions for Walls, Fences or Berms

The Planning Director may allow a reduction in bufferyard depth by up to 25% if a solid wall, solid fence, or berm is provided within the interior portion of the bufferyard. For purposes of this section a solid wall or fence shall be considered any completely opaque wall or fence without any openings, but shall include shadowbox fences. Walls and fences provided pursuant to this provision must have a minimum height of 6 feet and berms must have a minimum height of 4 feet. Any such fencing must have the dress side facing outward toward the right-of-way or adjacent properties. When a bufferyard depth reduction is taken pursuant to this provision, the number of shrubs required within the bufferyard may also be reduced to 50%. In order to approve such reduction, the Planning Director must determine that the proposed bufferyard plan is at least as effective in achieving the purposes of this section, as is strict compliance with the bufferyard standards.

(H) Plant Density Reductions

The Planning Director may allow a reduction in a bufferyard screening (plant) density by up to 25% if the bufferyard’s depth is increased to effectively mitigate the density reduction. In order to approve a reduction in plant density, the Planning Director must determine that the proposed bufferyard plan is at least as effective in achieving the purposes of this section as is strict compliance with bufferyard standards.

(I) Additional Bufferyards and Screening

(1) Any outside storage of junk, refuse, salvage, or discarded materials must be screened from adjacent rights-of-way and adjacent properties by means of a Type A screen.
(2) Whenever a nonresidential use is proposed along a thoroughfare, a 10-foot deep bufferyard and Type F screening must be provided adjacent to the thoroughfare right-of-way.
(3) Whenever a nonresidential use is proposed next to a residential use and is separated from the residential use by a public road, a 10-feet-deep bufferyard and Type F screening must be provided adjacent to the public road right-of-way.
(4) Any outside storage existing on August 21, 1989, must be screened from adjacent properties and rights-of-way on or before December 31, 1992, by means of Type A screening or its equivalent as determined by the Planning Director.

(J) Features Allowed within Bufferyards

(1) A bufferyard may be traversed by utility by utility lines, water supply and wastewater lines, septic systems (if a qualified soil scientist determines that such location is the only feasible alternative), sidewalks, driveways, roads, and other similar improvements, provided that:

(a) the proposed locations of such features are necessary for their proper functioning, and such features cross the bufferyard where feasible, rather than lie along the length of the bufferyard;
(b) the total width of the bufferyard is maintained; and
(c) no screen required by this ordinance is reduced or eliminated.

(2) Signs are permitted within bufferyards provided that:

(a) they are completely screened from view from any point on adjacent residential properties; and

(b) placement of such signs will not violate other provisions of this ordinance.


(3) Bufferyards may not be used for parking, loading, storage, or any activity that is either part of or accessory to the proposed use.

16-1-3 Landscaping of Freestanding Signs

The base of all freestanding signs must be landscaped as follows:

(A) Residential Development Signs

(1) The area around the base of all freestanding or wall mounted residential identification signs at the entrances to subdivisions or multi-family development project must be planted with shrubs, at a rate of 1 shrub for every 3 square feet of sign area (or portion thereof). This calculation is based upon the actual sign area as defined in Sec. 21-11-178 and shall not include the supporting monument or wall. Additional landscaping is encouraged in the form of trees, flowers, and ground cover.

(2) The required landscaping must be placed around the perimeter of the sign base, or below the sign area for wall mounted signs, and shall be located in such a manner to ensure that the mature plantings will not obscure the sign area. In no case may the required landscaping be located further than 25 feet from the sign area.

(3) Plantings must be evenly distributed around the sign base but may be grouped and located so as to maintain visibility of the sign and the site.

(B) Freestanding Signs for Nonresidential Uses

(1) The area around the base of all freestanding signs on the site of nonresidential uses must be planted with shrubs, at a rate of 1 shrub for every 4 square feet of sign area (or portion thereof). Additional landscaping is encouraged in the form of trees, flowers, and ground cover.

(2) The required landscaping must be placed around the perimeter of the sign base, or below the sign area for wall mounted signs, and shall be located in such a manner to ensure that the mature plantings will not obscure the sign area. In no case may the required landscaping be located further than 25 feet from the sign area.

(3) Plantings should be evenly distributed around the sign base but may be grouped and located so as to maintain sign visibility. If the area around the base of the sign is insufficient in size to accommodate the required plantings, the Planning Director may permit installation of a portion of them at an alternate location on the site.

(4) The following signs are exempt from sign base landscaping requirements:
(a) those located more than 100 feet from road rights-of-way;
(b) permitted temporary signs;
(c)directional and incidental signs containing no commercial message; and signs not intended to be viewed from adjacent roads.

16-1-4 Plant Material, Installation and Maintenance

(A) Time of Installation

(1) All landscaping, bufferyards and screening materials must be in place prior to final inspection by the Wake County Zoning Inspector.

(2) When weather conditions do not permit planting, installation of plant material may be delayed until the start of the next growing season (for the particular species), provided that adequate financial performance guarantees are posted to ensure compliance. This performance guarantee shall provide for the cost of the plant material, the labor costs of installation, and a 25% contingency. The process for providing such financial performance guarantee shall parallel that described in Sec. 8-22 and shall be required before the issuance of a Certificate of Occupancy, or the approval of a final plat, whichever may be applicable.

(B) Plant Materials

(1) Existing Vegetation

Existing vegetation that meets or exceeds applicable screening requirements may be used to satisfy the requirements of this section, provided the bufferyard contains sufficient area surrounding the vegetation to ensure its protection from encroachments that may threaten its continued healthy growth. Due to their effectiveness in immediately providing a more effective screen, the retention and protection of existing vegetation shall be given preference over the installation of new plant materials in the achievement of the required screening. Existing vegetation that is in a healthy condition, meets the minimum planting size requirements, and will meet the required mature plant size shall be given credit plant for plant toward meeting the required screening. Existing vegetation must be noninvasive in nature. If nonnative invasive plants are found within the buffer, they must be permanently removed through mechanical or herbicidal means. See Appendix A for the Wake County Department of Environmental Services’ list of nonnative invasive species.

(2) Location and Spacing
Plants must be staggered or clustered as necessary to maximize screening objectives and to meet the needs of the particular species of plants for root space, water, light, and circulation. (3) General Standards

All landscaping materials shall comply with the American Nurseryman’s Standards. Nonnative or invasive plant species shall not be used for planting in landscaping and bufferyards (see the Wake County Department of Environmental Services’ list of these species). Native species used in replantings are encouraged over ornamentals. All species chosen for planting should be chosen from amongst those species that typically grow in our geographical area, Zone 7. The developer is responsible for researching the biological requirements of each species utilized in the plantings.

(3)(4) Trees


(4)(5) Shrubs (5)(6) Minimum Height at Maturity

(C) Fences, Walls and Berms

(1) Fences and Walls

(D)(D) Maintenance (E)(E) Clear View of Intersections
APPENDIX A: Nonnative Invasive Plants (Current as of 08/24/2005)

These species are to be removed from the landscaping or buffers if discovered and definitely not planted. Some of these are also on the federal noxious weed lists. Please consult the Wake County Department of Environmental Services for the most current listing.

Tree-of-heaven
Silktree (Mimosa)
Princesstree (Paulownia)
Chinaberrytree
Tallowtree (Popcorntree)
Russian olive
Silverthorn (Thorny olive)
Autumn olive
Winged burning bush (Euonymous species)
Chinese/European privet
Japanese/Glossy privet
Bush honeysuckles
Nandina (Sacred Bamboo)
Nonnative roses
Oriental bittersweet
Climbing yams
Winter creeper
English ivy
Japanese honeysuckle
Kudzu
Periwinkles (Vincas)
Nonnative wisterias
Giant reed
Cogongrass
Nepalese browntop
Chinese silvergrass
Bamboos
Japanese climbing fern
Garlic Mustard
Shrubby Lespedeza
Chinese Lespedeza
Tropical soda apple
Saltcedar
Johnsongrass
SECTION II

This amendment shall become effective on January 2, 2006, or 10 days after the effective date of the full Unified Development Ordinance if the UDO approval date is after January 2, 2006. However any application for a preliminary subdivision plan, land use permit, general use permit, special use permit, or conditional use 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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PUBLIC HEARING
ORDINANCE AMENDMENT TO AMEND
THE WAKE COUNTY UNIFIED DEVELOPMENT ORDINANCE
TO ADDRESS WATER AND SEWER EXTENSIONS
FROM ADJACENT COUNTIES, WATER AND/OR SEWER DISTRICTS,
OR WATER AND/OR SEWER AUTHORITIES

Chairman Bryan announced a public hearing to consider an ordinance amendment to the Wake County Unified Development Ordinance to address water and sewer extension from adjacent counties, water and/or sewer districts, or water and/or sewer authorities, duly advertised as provided by statute for Monday, September 19, 2005, at 2:00 p.m., in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.

Ms. Melanie Wilson, Wake County Planning Director, gave an overview of the proposed ordinance amendment. The amendment regulates the extension of public water and/or sewer systems into Wake County, or the sale of bulk water from an adjacent county, Water and/or Sewer District, or Water and/or Sewer Authority, or from one municipality’s Urban Service Area into another municipality’s Urban Service Area. The principal reasons for these provisions are to preserve the land use planning efforts that have been made by Wake County and the various municipalities, ensure that there is adequate discussion and coordination between Wake County, the relevant municipality and the utility service provider, and to protect the municipality’s investment in its water and sewer systems.

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

These extensions will be allowed by Wake County if all of the following conditions are met:

1. The residents of the area will benefit from the extension of services.

2. The extension of the service is consistent with the Wake County Land Use Plan, unless the extension is necessary to replace a failing water or wastewater system that constitutes a public health issue.

3. There is an interlocal agreement that includes the future ownership and maintenance of the provided services, between the service provider and the relevant municipality for the extension of services (water and/or sewer).

4. There is not an adopted plan to provide water and/or sewer services to the proposed area by the relevant municipality within the next five (5) years. If an adopted plan already exists, then that plan shall first be amended before allowing the proposed water and/or sewer extension.

The factual situation having been presented, Chairman Bryan announced that anyone desiring to comment would be heard at this time.

No one commented in support of or in opposition to the proposed amendment.

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

Mr. Mason Williams, Chairman of the Wake County Planning Board, reported that the Planning Board reviewed the amendment at its August 24,
2005 meeting and recommends that the Board of Commissioners approve the amendment as present.

Ms. Wilson reported that Planning staff recommends approval as presented.

Thereafter, at the conclusion of the public hearing, Chairman Bryan declared the hearing closed and invited action by the Board.

Upon motion of Commissioner Ward, seconded by Commissioner Council, the Board adopted the ordinance amending the Wake
County Unified Development Ordinance to address water and sewer extensions from adjacent counties, water and/or sewer districts, or water and/or sewer authorities. All Commissioners voted aye, except Commissioner Jeffreys who voted nay.
WHEREAS, the proposed ordinance would preserve the integrity of the land use planning efforts of Wake County and the municipalities;

WHEREAS, the proposed ordinance would protect the municipalities’ investment in their water and sewer systems;

WHEREAS, the proposed ordinance would ensure that there is an adequate discussion and coordination between Wake County, the relevant municipality, and the utility service provider;

WHEREAS, the proposed ordinance would require the establishment of appropriate interlocal agreements (including ownership and maintenance issues) between the relevant parties affected by any such utility extension;

WHEREAS, the Planning Board held a public meeting on August 17, 2005 and August 24, 2005 to discuss the proposed ordinance amendment, and voted 7 to 0 to recommend that the Board of Commissioners approve the ordinance amendment;

WHEREAS, the Board of Commissioners held a duly advertised public hearing on September 19, 2005 to consider the proposed amendment;

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

The Wake County Code of Ordinances (Subdivision Ordinance), Chapter 3-4-7-Water and Sewer Systems (Required Improvements and Minimum Design Standards) is hereby amended as follows:

A. AMEND Section 3-4-7-B Public Systems, as follows, adding the underlined text and removing the strikethrough (strikethrough) text:

8-33-2 Municipal Public Systems

(A) If a water or wastewater sewer system is to be installed in a subdivision within the county’s jurisdiction, but the system is to be assumed and maintained by a municipality, an adjacent county, a Water and/or Sewer District, or a Water and/or Sewer Authority, a complete set of construction plans must be provided to the Wake County Planning Department and the Wake County Department of Environmental Services. These regulations shall apply to any water or sewer extensions to Wake County.



(B) The plans must shall be prepared by a registered engineer licensed in the sState of North Carolina and must shall meet the utility system requirements of the municipality adjacent county, Water and/or Sewer District, or Water and/or Sewer Authority and the system must shall be permitted by the North Carolina Department of Environment and Natural Resources, Division of Water Quality and—or Division of Environmental Health and/or the Wake County Department of Environmental Services or their successor agencies, whichever has jurisdiction.

(C) The plans must shall be reviewed and approved by the Planning Director and the Director of Environmental Services after being submitted to the registered engineer representing the municipality, adjacent county, Water and/or Sewer District, or Water and/or Sewer Authority that is designated to own and maintain the system. and receiving their recommendation for approval.

(D) Installation of the system in accordance with the approved plan must shall be certified to the Planning Director and the Director of Environmental Services and the municipality, adjacent county, Water and/or Sewer District. Water and/or Sewer Authority by the registered engineer retained by the developer or owner. The engineer must—shall provide sealed as-built plans and location maps for all valves and hydrant locations to the Wake County Planning Department and the Wake County Department of Environmental Services and the municipality, adjacent county. Water and/or Sewer District, or Water and/or Sewer Authority upon completion of the project.

(E) Municipal water/wastewater systems may not be extended into Non-Urban Area Water Supply Watersheds except when deemed necessary by the Planning Director or

Planning Commission to provide water or wastewater service when on-site systems (e.g., wells, septic systems) have failed.

(F) All extensions of an adjacent county, Water and/or Sewer District, or Water and/or Sewer Authority water or sewer system, or the sale of “bulk water” by a public utility. within Wake County’s jurisdiction must be approved by the Wake County Board of Commissioners. These extensions shall only be approved through a planned water and/or sewer interlocal extension agreement, which is identified by an approved Service Boundary Map by Wake County, the applicable municipality, and the service provider’s governing body.

(G) Wake County will allow an extension, if it finds after a public meeting, that all of the following conditions are met:

1. The residents of the area will benefit from the extension of the services.
2. The extension of the service is consistent with the Wake County Land Use Plan. unless the extension is necessary to replace a failing water or wastewater system that constitutes a public health issue-.
3. There is an interlocal agreement that includes the future ownership and maintenance of the provided services, between the service provider and the relevant municipality for the extension of services (water and/or sewer).
4. There is not an adopted plan to provide water and/or sewer services to the proposed area by the relevant municipality within the next five (5) years. If an adopted plan already exists, then that plan shall first be amended before allowing the proposed water and/or sewer extension.

(H) The extension of a municipal water or sewer system within another municipality’s Urban Services Area shall be allowed, provided that each municipality’s governing board has approved an interlocal agreement (including provisions for the future ownership and maintenance) for those extensions.

(I) Within Long-Range Urban Services Area’s as designated on the Wake County Land Use Plan General Classifications Map, extensions of an adjacent county water and sewer system, Water and/or Sewer District, or Water and/or Sewer Authority must be designated and constructed in accordance with the applicable municipal standards. If no municipal standards exist, water and sewer systems must be designed and constructed in accordance with those standards established in Section 8-33-3(8) and 8-33-3(C).
SECTION II

This amendment shall become effective 30 days after adoption, however, any application for a preliminary subdivision plan, land use permit, general use permit, special use permit, or conditional use 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 ordinance.

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PUBLIC HEARING
TO CONSIDER THE REQUEST TO RENAME THE PORTION OF
“US 64 HWY E” AS “KNIGHTDALE BOULEVARD”

Chairman Bryan announced a public hearing to consider the Town of Knightdale’s request to rename a portion of US64 East as Knightdale Boulevard, duly advertised as provided by statute for Monday, September 190k, 2005, at 2:00 P.M. IN room 700 of the Wake County Courthouse, Raleigh, North Carolina.

Mr. David Hunt of Geographic Information Services presented information on the request. He stated the new freeway that opened in July bypassing the Town of Knightdale is officially known as US 64/264 Highway, and the stretch of US 64 “business” that passes through the heart of Knightdale is similarly named “US 64 HWY E”.

As a result of the new Bypass opening, the Town of Knightdale Planning Department has requested from Wake County Geographic Information Services the approval of the road name “Knightdale Blvd”. The intent is for this name to replace the existing name of “US 64 HWY E” within its planning jurisdiction. The Town also inquired as to whether Wake County would consider this name change for the portion of “US 64 HWY E” in the Wake County ETJ in order to establish consistency along the entire “business” section of US 64 Highway.

The factual situation having been presented, Chairman Bryan announced that anyone desiring to comment on the request would be heard at this time.

Mayor Douglas Boyd, Town of Knightdale – support

There were no other persons to appear before the Board.

Chairman Bryan then called for staff recommendation.

Mr. Hunt reported that staff recommends that the Board of Commissioners rename the section of US 64 HWY E within the Wake ETJ as “Knightdale Boulevard.”

Thereafter, at the conclusion of the public hearing, Chairman Bryan declared the hearing closed and invited action by the Board.

Upon motion of Commissioner Jeffreys, seconded by Commissioner Webb, the Board unanimously adopted a resolution to approve renaming the section of “US 64 Hwy E” within the Wake ETJ as “Knightdale Boulevard.”

RESOLUTION APPROVING “KNIGHTDALE BOULEVARD” AS
LOCAL STREET NAME FOR US HIGHWAY 64 BUSINESS


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PUBLIC HEARING TO CONSIDER
A REQUEST FOR GRAVE DISINTERMENT, REMOVAL, AND RE-INTERMENT
(LOCATED OFF KEITH ROAD IN THE HANSENTREE SUBDIVISION)

Chairman Bryan announced a public hearing to consider a request for disinterment, removal, and re-interment of graves located off Keith Road in the Hansentree Subdivision, Wake County, North Carolina, duly advertised as provided by statute for Monday, September 19, 2005, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.

Mr. Larry Morgan, Wake County Planning Department, presented information on the request. He stated that David T. Fowlkes representing Waterford LLC, submitted a petition to remove six non-maintained graves within a cemetery located off of Keith Road east of Stony Hill Road and north of NC 98. The cemetery, which is located on a 721-acre parcel is approximately 400 square feet in size, and is located approximately 0.4 miles southeast of the intersection of Keith Road and Stony Hill Road. The removal of the graves will allow for the development of this area adjacent to Keith Road, which is planned as part of the Hasentree Subdivision. The property lies within the Falls Lake Water Supply Watershed critical area (R-80W).

The petitioner intends to re-inter the remains within the Oakwood Cemetery located on Oakwood Avenue in the City of Raleigh, approximately 22 miles from the existing site.

The North Carolina General Statutes require that the Wake County Board of Commissioners hold a public hearing when graves are proposed to be moved by a party other than the next of kin. A 30-day written notice of intention shall be given to the next of kin of the deceased before the disinterment, relocation, and re-interment of any grave occurs. Notice shall be published at least once per week for four (4) consecutive weeks in a newspaper of general circulation within the county where the graves are located (first publication shall be not less than 30 days before disinterment). Notice of the removal and re-interment of the graves must also be posted on the property at least 30 days before the public hearing. The Wake County Environmental Services staff will oversee the removal of the graves. The petitioner will be required to file a re-interment form with the Wake County Registrar of Deeds after the work is completed.

The factual situation having been presented, Chairman Bryan announced that anyone desiring to comment would be heard at this time.

Mr. John Clauser, Jr., Of Grave Concern, Raleigh (no record of cemetery has been found, commented in support of request)

There were no other persons requesting to comment. Chairman Bryan then called for staff recommendation.

Mr. Morgan reported that the Planning staff recommends that the Board of Commissioners grant the request.

Chairman Bryan then declared the public hearing closed and invited action by the Board.

Upon motion of Commissioner Ward, seconded by Commissioner Council, the Board unanimously approved the petitioner’s request to remove the graves in a cemetery located off of Keith Road in the Hasentree Subdivision, Wake County, North Carolina.
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PUBLIC HEARING
TO CONSIDER A REQUEST FOR GRAVE DISINTERMENT,
REMOVAL, AND RE-INTERMENT (LOCATED OFF OLD MCKENZIE DRIVE
IN THE MCKENZIE SUBDIVISION)

Chairman Bryan announced a public hearing to consider a request for grave disinterment, removal, and re-interment located in the McKenzie Subdivision, duly advertised as provided by statute for Monday, September 19, 2005, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.

Mr. Larry Morgan, Wake County Planning Department, presented information on the request. He stated that Mr. Patrick Y. Youngdahl has submitted a request to remove a non-maintained grave from the rear yard of a 0.75-acre parcel on which his residence is located. The property is located on lot 4 in the McKenzie Subdivision on the eastern side of Olde McKenzie Drive, north of Spence Farm Road and northeast of Fuquay-Varina. The property is zoned Residential-30 (R-30). The petitioner intends to re-inter the remains within Starlight Cemetery located on Lois Lane, northwest of NC 42 in Harnett County, approximately five miles from the existing site.

The North Carolina General Statutes require that the Wake County Board of Commissioners hold a public hearing when a grave is proposed to be moved by a party other than the next of kin. A 30-day written notice of intention shall be given to the next of kin of the deceased before the disinterment, relocation, and re-interment of any grave occurs. Notice shall be published at least once per week for four (4) consecutive weeks in a newspaper of general circulation within the county where the grave is located (first publication shall be not less than 30 days before disinterment). Notice of the removal and re-interment of the grave must also be posted on the property at least 30 days before the public hearing. The Wake County Environmental Services staff will oversee the removal of the grave. The petitioner will be required to file a re-interment form with the Wake County Registrar of Deeds after the work is completed.

The petitioner has satisfied the requirements of the General Statutes, Section 65-13. In an effort to identify the next of kin, the petitioner researched Wake County records of deeds by referencing the name of Elizabeth Stinson Betts, which is displayed on the headstone of the grave. There are also two children buried in the grave with her. County records indicate that Elizabeth Stinson Betts was an African-American female who died in the early 1900’s. The petitioner searched for next of kin through various contacts that he obtained from Carl A. Trice, owner of Trice Funeral Home, which is located in Fuquay-Varina.

The petitioner placed an advertisement in the Fuquay-Varina Independent newspaper for four (4) consecutive weeks in an attempt to identify and notify interested parties. The petitioner indicated that he received one response from Suzie Wilson, a distant relative, who stated that she had discussed the grave relocation with friends and family and had no objections to the petition.

The petitioner consulted with John W. Clauser, Jr., an archaeological consultant (Of Grave Concerns) that specializes in recording and developing preservation plans for cemeteries.

Mr. Clauser visually inspected the grave for indications of burials: head and foot markers, visible depressions in the soil and grave mounds. Also, the grave was inspected and probed using a ź -inch steel probe to locate a grave pit.

The factual situation having been presented, Chairman Bryan announced that anyone desiring to comment would be heard at this time.

Mr. John Clauser, Of Grave Concerns, Raleigh (commented on visual inspection of the grave; support request)

There were no other comments in support of or in opposition to the request. Chairman Bryan then called for the recommendation of the Planning staff.

Mr. Morgan reported staff recommends that the Board of Commissioners grant the request.

Thereafter, at the conclusion of the public hearing, Chairman Bryan declared the hearing closed and invited action by the Board.

Upon motion of Commissioner Webb, seconded by Commissioner Jeffreys, the Board unanimously approved the request to remove a grave located in the McKenzie Subdivision, northeast of Fuquay-Varina, Wake County, North Carolina.
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PUBLIC HEARING
TO CONSIDER THE HOLLY SPRINGS
ETJ EXPANSION REQUEST – REFERRED TO COMMITTEE

Chairman Bryan announced a public hearing to consider a request from the Town of Holly Springs to expand is extraterritorial jurisdiction area, duly advertised as provided by statute for Monday, September 19, 2005, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.

Mr. Tim Clark, Wake County Planning Department, presented information on the requested ETJ to the south and west of the Town’s planning jurisdiction, an area that totals 4,358 acres. The Planning Board and staff recommend that the ETJ extension be reduced to 2,553 acres based on current Urban Service Area classification, the extension of municipal sewer service, inadequate conditions of the roads in the area to accommodate additional traffic and the lack of planned transportation improvements in the area.

Information was presented on the Wake County ETJ criteria and the request. It was noted that the request did not comply with the adoption of special regulations (criterion 3); however, with the removal of the area within a five-mile radius of the Harris Plant, the request would comply.

The Town of Holly Springs has adequately demonstrated their commitment to comprehensive planning and has provided evidence that they have sufficient utility capacity to accommodate their expected growth within the area recommended by the Planning Board and staff. All of Holly Springs’ requested ETJ area is situated in their Urban Services Area.

It is reasonable to expect that based on [1] annexation trends, [2] expected population growth, and [3] allowing for actual and potential growth and development patterns that Holly Springs will be able to annex the 2,553 acre area and serve it with urban services. It was noted that the rate of annexation by the Town is higher than many of the other municipalities.

The factual situation having been presented, Chairman Bryan announced that anyone desiring to comment would be heard at this time. The following persons appeared:

1. Ms. Gina Bobber, Planning Director, Town of Holly Springs (support)
2. Ms. Marjorie Minor, 6217 Oliver Creek Parkway, Holly Springs (oppose)
3. Ms. Theresa Holbrook, 6101 N. Deer Ridge Court, Holly Springs (oppose)
4. Ms. Josephine Evans, 6200 Windy Farm Lane, Holly Springs (oppose)

There being no other persons requesting to be heard, Chairman Bryan called for the recommendation of the Planning Board and Planning staff.

Mr. Mason Williams, Chairman of the Wake County Planning Board, reported that the Planning Board recommends approval of the reduced expansion of 2,533.

Mr. Clark reported that Planning staff recommends approval with the removal of the area included within a five-mile radius of the Harris Plant from the requested ETJ expansion area.

Thereafter, at the conclusion of the public hearing, Chairman Bryan declared the hearing closed and invited action by the Board.

Commissioner Council moved that the Holly Springs’ ETJ expansion request be referred to the Growth, Land Use and Environment Committee of the Board of Commissioners for further study. The motion was seconded by Commissioner Ward and was unanimously approved.

Further, Commissioner Gardner moved that the issues of an ETJ threshold and the five-mile radius be referred to the Wake County Planning Board for study and recommendation to the Board of Commissioners. The motion was seconded by Commissioner Ward and was unanimously approved.
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PUBLIC HEARING
TO CONSIDER ADOPTION OF A BOND ORDER AUTHORIZING $41,000,000
OF GENERAL OBLIGATION SCHOOL BONDS UNDER TWO-THIRDS
AUTHORIZATION STATUTES AS INTRODUCED ON AUGUST 15, 2005

Chairman Bryan announced a public hearing to consider the adoption of a bond order authorizing $41,000,000 of General Obligation School Bonds as introduced on August 15, 2005, duly advertised as provided by statute for Monday, September 19, 2005, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.

Ms. Melinda Canady, Finance Director, was recognized to present information on the process and to comment on the order.

Chairman Bryan then announced the Board of Commissioners would hear anyone who might wish to be heard on the question of the validity of said order or the advisability of issuing said bonds.

No one appeared either in person or by attorney, to be heard on the question of the validity of said order or the advisability of issuing said bonds, and the Clerk to the Board of Commissioners announced that no written statement relating to said questions had been received.

Thereupon, upon motion of Commissioner Ward, seconded by Commissioner Council, the order introduced and passed on first reading on August 15, 2005 entitled “ORDER AUTHORIZING $41,000,000 GENERAL OBLIGATION SCHOOL BONDS” was read a second time by title and placed upon its final passage. The vote upon the final passage of said order was:

Ayes: Commissioners Council, Gardner, Gurley, Ward, Webb and Chairman Bryan
Noes: Commissioner Jeffreys

The Chairman then announced that the order entitled “ORDER AUTHORIZING $41,000,000 GENERAL OBLIGATION SCHOOL BONDS” had been adopted.

The Clerk to the Board of Commissioners was thereupon directed to publish said order, together with the appended statement attached as required by The Local Government Bond Act, as amended, once in The News & Observer.
------------------------
ORDER AUTHORIZING
$41,000,000 GENERAL OBLIGATION SCHOOL BONDS

BE IT ORDERED by the Board of Commissioners for the County of Wake, North Carolina:

1. That, pursuant to The Local Government Bond Act, as amended, the County of Wake, North Carolina, is hereby authorized to contract a debt, in addition to any and all other debt which said County may now or hereafter have power or authority to contract, and in evidence thereof, to issue General Obligation School Bonds in an aggregate principal amount not exceeding $41,000,000 (the “Bonds”), for the purpose of providing funds, together with any other available funds, to finance, in whole or in part, the acquisition, construction and equipping of modifications, renovations, additions, improvements and extensions to existing school facilities and/or one or more new buildings or other school facilities for Wake County public schools, including acquisition of necessary land and rights-of-way.

2. That taxes shall be levied in an amount sufficient to pay the principal of and the interest on said Bonds.

3. That a sworn statement of the debt of said County has been filed with the Clerk to the Board of Commissioners and is open to public inspection.

4. That this order shall take effect 30 days after its publication following adoption, unless it is petitioned to a vote of the people as provided in N.C.G.S. § 159-60, and that in that event this order shall take effect when approved by the voters of said County at a referendum as provided in said Act.
********************

RESOLUTION PROVIDING FOR THE ISSUANCE OF $41,000,000
GENERAL OBLIGATION SCHOOL BONDS, SERIES 2005 UNDER
TWO-THIRDS AUTHORIZATION STATUTES

Chairman Bryan introduced the following resolution, a summary of which had been provided to each Commissioner, a copy of which was availablewith the Clerk to the Board and which was read by title:
RESOLUTION PROVIDING FOR THE ISSUANCE OF
$41,000,000 GENERAL OBLIGATION SCHOOL BONDS, SERIES 2005

BE IT RESOLVED by the Board of Commissioners (the “Board”) of the County of Wake, North Carolina (the “Issuer”):

Section 1. The Board has determined and does hereby find, declare and represent:
(a) That an order authorizing $41,000,000 General Obligation School Bonds (the “School Bonds”) was adopted by the Board on August 15, 2005, which order will take effect 30 days after its publication following adoption, unless it is petitioned to a vote of the people as provided in N.C.G.S. § 159-60, and that in such event the order shall take effect when approved by the voters of said County at a referendum as provided in The Local Government Bond Act, as amended.
(b) That none of said School Bonds have been issued, that no notes have been issued in anticipation of the receipt of the proceeds of the sale of any of said School Bonds and that it is necessary at this time to issue $41,000,000 of said School Bonds in accordance with the provisions of Section 2 of this resolution.
(c) That the maximum period of usefulness of the facilities to be financed with the proceeds of said School Bonds to be issued is estimated as a period of 40 years from November 1, 2005, the date of said School Bonds, as hereinafter provided, and that such period expires on November 1, 2045.
Section 2. Pursuant to said order, there shall be issued bonds of the County in the aggregate principal amount of $41,000,000 designated “General Obligation School Bonds, Series 2005” and dated November 1, 2005 (the “Bonds”). The Bonds shall be stated to mature (subject to the right of prior redemption as hereinafter set forth) annually, May 1, $1,500,000 2007 to 2019, inclusive, $6,000,000 2020 to 2022, inclusive, and $3,500,000, 2025, and shall bear interest at a rate or rates to be determined by the Local Government Commission of North Carolina at the time the Bonds are sold, which interest to the respective maturities thereof shall be payable on May 1, 2006 (or such other date as is designated by the County Manager or Finance Director in connection with the sale of the Bonds) and semiannually thereafter on November 1 and May 1 of each year (or other semiannual dates designated by the County Manager or Finance Director in connection with the sale of the Bonds) until payment of such principal sum.
Section 3. Each Bond shall bear interest from the interest payment date next preceding the date on which it is authenticated unless it is (a) authenticated upon an interest payment date in which event it shall bear interest from such interest payment date or (b) authenticated prior to the first interest payment date in which event it shall bear interest from its date; provided, however, that if at the time of authentication interest is in default, such Bond shall bear interest from the date to which interest has been paid.
The principal of and the interest and any redemption premium on the Bonds shall be payable in any coin or currency of the United States of America which is legal tender for the payment of public and private debts on the respective dates of payment thereof.
Section 4. The Bonds initially will be issued by means of a book-entry system with no physical distribution of bond certificates to be made except as hereinafter provided. Initially one fully registered bond certificate for each stated maturity of the Bonds in the aggregate principal amount of the Bonds of such stated maturity and registered in the name of the Securities Depository Nominee (defined below), a nominee of the Securities Depository (defined below), will be issued and required to be deposited with the Securities Depository and immobilized in its custody. The book-entry system of the Securities Depository will evidence positions held in the Bonds by the Securities Depository’s participants, with beneficial ownership of the Bonds in the principal amount of $5,000 or any whole multiple thereof being evidenced in the records of such participants. Transfers of beneficial ownership will be effected on the records of the Securities Depository and its participants pursuant to rules and procedures established by the Securities Depository and its participants.
The Issuer and the Bond Registrar will recognize the Securities Depository Nominee or the Securities Depository, as the case may be, while the registered owner of the Bonds, as the owner of the Bonds for all purposes, including payments of principal of, and redemption premium, if any, and interest on the Bonds, notices and voting. The principal of and any redemption premium on each Bond shall be payable to the Securities Depository Nominee or any other person appearing on the registration books of the Issuer hereinafter provided for as the registered owner of such Bond or his registered assigns or legal representative at the office of the Bond Registrar mentioned hereinafter or such other place as the Issuer may determine upon the presentation and surrender thereof as the same shall become due and payable. Payment of the interest on each Bond shall be made by the Bond Registrar on each interest payment date to the registered owner of such Bond (or the previous Bond or Bonds evidencing the same debt as that evidenced by such Bond) at the close of business on the record date for such interest, which shall be the 15th day (whether or not a business day) of the calendar month next preceding such interest payment date, by check mailed to such person at his address as it appears on such registration books or, during the continuation of the book-entry system, by such other method of payment as the Issuer may determine to be necessary or advisable with the concurrence of the Securities Depository. Transfer of principal and interest and any redemption premium payments to participants of the Securities Depository will be the responsibility of the Securities Depository, and transfer of principal and interest and any redemption premium payments to beneficial owners of the Bonds by participants of the Securities Depository will be the responsibility of such participants and other nominees of such beneficial owners. Such transfers of interest by the Securities Depository and by such participants and other nominees of such beneficial owners may be made to the owners of Bonds shown on their records on a date on or after said record date for such interest, pursuant to rules and procedures established by the Securities Depository and its participants. The Issuer and the Bond Registrar will not be responsible or liable for such transfers of payments or for maintaining, supervising or reviewing records maintained by the Securities Depository, its participants or persons acting through such participants.
In the event that (a) any Securities Depository determines not to continue to act as securities depository for the Bonds or (b) the Finance Director of the Issuer determines to discontinue the book-entry system with such Securities Depository, the Issuer may identify another qualified Securities Depository to replace the predecessor Securities Depository and, in such event, the Issuer will make arrangements with the predecessor Securities Depository and such other Securities Depository to effect such replacement and deliver replacement Bonds registered in the name of such other depository or its nominee in exchange for the outstanding Bonds, and all references in this resolution to any predecessor Securities Depository or Securities Depository Nominee shall thereupon be deemed to mean such other depository or its nominee. If the Issuer does not identify another qualified Securities Depository to replace the predecessor Securities Depository, the Issuer will deliver replacement Bonds in the form of fully registered certificates in the denomination of $5,000 or any whole multiple thereof (“Certificated Bonds”) in exchange for the outstanding Bonds as required by the predecessor Securities Depository and others. Upon the request of the Securities Depository, the Issuer may also deliver one or more Certificated Bonds to any participant of the Securities Depository in exchange for Bonds credited to its account with the Securities Depository. The Issuer and the Bond Registrar shall be entitled to rely upon the instructions of the Securities Depository as to the appropriate parties entitled to receive Certificated Bonds.
For purposes of this resolution “Securities Depository” means The Depository Trust Company, New York, New York, or other recognized securities depository selected by the Issuer, which maintains the book-entry system in respect of the Bonds authorized by this resolution, and shall include any substitute for or successor to the securities depository initially acting as Securities Depository. For purposes of this resolution “Securities Depository Nominee” means, as to any Securities Depository, such Securities Depository or the nominee, if any, of such Securities Depository in whose name the Bond certificates shall be registered on the registration books maintained by the Bond Registrar during the continuation with such Securities Depository of the book-entry system authorized by this resolution. The Depository Trust Company, New York, New York, is hereby appointed as the initial Securities Depository, and Cede & Co., a nominee thereof, is hereby appointed as the initial Securities Depository Nominee for the Bonds.
Unless indicated otherwise, the provisions of this resolution that follow shall apply to all Bonds issued or issuable hereunder, whether initially or in replacement thereof.
Section 5. The Bonds shall be executed with the manual or facsimile signatures of the Chairman or Vice Chairman of the Board and the Clerk to the Board, and the seal or a facsimile of the seal of the Issuer shall be impressed or imprinted, as the case may be, on the Bonds.
The certificate of the Local Government Commission of North Carolina shall be endorsed on all Bonds and shall bear the manual or facsimile signature of the Secretary of said Commission or on behalf of the Secretary by a Designated Assistant and the certificate of authentication of the Bond Registrar to be endorsed on all Bonds shall be executed as provided hereinafter.
In case any officer of the Issuer or the Local Government Commission of North Carolina whose manual or facsimile signature shall appear on any Bonds shall cease to be such officer before the delivery of such Bonds such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery, and any Bond may bear the manual or facsimile signatures of such persons as at the actual time of the execution of such Bond shall be the proper officers to sign such Bond although at the date of such Bond such persons may not have been such officers.
No Bond shall be valid or become obligatory for any purpose or be entitled to any benefit or security under this resolution until it shall have been authenticated by the execution by the Bond Registrar of the certificate of authentication endorsed thereon.
Section 6. The Bonds and the endorsements thereon shall be in substantially the following form:

[Front Side of Printed Bonds]
No. R-______ $______________
United States of America
State of North Carolina

COUNTY OF WAKE, NORTH CAROLINA

GENERAL OBLIGATION SCHOOL BONDS, SERIES 2005


MATURITY DATE INTEREST RATE CUSIP

May 1, 20__ __________________ ________

The County of Wake, North Carolina (the “Issuer”), is justly indebted and for value received hereby promises to pay to _______________________________________________
or registered assigns or legal representative on the date specified above (or earlier as hereinafter referred to), upon the presentation and surrender hereof, at the office of the Finance Director of the Issuer, currently at Wake County Office Building, 336 Fayetteville Street Mall, 9th Floor, Raleigh, North Carolina 27602 (the “Bond Registrar”), the principal sum of

___________________________________________ DOLLARS
and to pay interest on such principal sum from the date hereof or from the May 1 or November 1 next preceding the date of authentication to which interest shall have been paid, unless such date of authentication is a May 1 or November 1 to which interest shall have been paid, in which case from such date, such interest to the maturity hereof being payable on May 1, 2006 and semiannually thereafter on November 1 and May 1 in each year, at the rate per annum specified above, until payment of such principal sum. The interest so payable on any such interest payment date will be paid to the person in whose name this Bond (or the previous Bond or Bonds evidencing the same debt as that evidenced by this Bond) is registered at the close of business on the record date for such interest, which shall be the 15th day (whether or not a business day) of the calendar month next preceding such interest payment date, by check mailed to such person at his address as it appears on the bond registration books of the Issuer. Both the principal of and the interest on this Bond shall be paid in any coin or currency of the United States of America that is legal tender for the payment of public and private debts on the respective dates of payment thereof. For the prompt payment hereof, both principal and interest as the same shall become due, the faith and credit of the Issuer are hereby irrevocably pledged.

[Printed Bonds are to include the following paragraph]

ADDITIONAL PROVISIONS OF THIS BOND ARE SET FORTH ON THE REVERSE HEREOF AND SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE.

[Reverse Side of Printed Bonds]

This Bond is one of an issue of Bonds designated “General Obligation School Bonds, Series 2005” (the “Bonds”) and issued by the Issuer for the purpose of providing funds, with any other available funds, for the acquisition, construction and equipping of modifications, renovations, additions, improvements and extensions to existing school facilities and/or one or more new buildings or other school facilities for Wake County public schools, including acquisition of necessary land and rights-of-way. This Bond is issued under and pursuant to The Local Government Bond Act, as amended, Article 7, as amended, of Chapter 159 of the General Statutes of North Carolina, a bond order adopted by the Board of Commissioners (the “Board”) of the Issuer which has taken effect as provided by law, and a resolution duly passed by the Board of the Issuer (the “Resolution”).
The Bonds maturing prior to May 1, 2016 are not subject to redemption prior to maturity. The Bonds maturing on May 1, 2016 and thereafter may be redeemed, at the option of the Issuer, from any moneys that may be made available for such purpose, either in whole or in part on any date not earlier than May 1, 2015, at a redemption price equal to 100% of the principal amount of the Bonds to be redeemed, together with interest accrued thereon to the date fixed for redemption.

If less than all of the Bonds of any one maturity shall be called for redemption, the particular Bonds or portions of Bonds of such maturity to be redeemed shall be selected by lot in such manner as the Issuer in its discretion may determine; provided, however, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some whole multiple thereof and that, in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If less than all of the Bonds stated to mature on different dates shall be called for redemption, the particular Bonds or portions thereof to be redeemed shall be called in such maturities and amounts of those maturities as shall be determined by the Issuer.
Not more than 60 days nor less than 30 days before the redemption date of any Bonds to be redeemed, whether such redemption be in whole or in part, the Issuer shall cause a notice of such redemption to be filed with the Bond Registrar and to be mailed, postage prepaid, to the registered owner of each Bond to be redeemed in whole or in part at the address of said owner appearing upon the registration books of the Issuer. Failure to mail such notice or any defect therein as to any Bond or portion thereof shall not affect the validity of the redemption as to any Bond or portion thereof for which such notice was given as required hereby. On the date fixed for redemption, notice having been given as aforesaid and not revoked as hereinafter provided, the Bonds or portions thereof so called for redemption shall be due and payable at the redemption price provided therefor, plus accrued interest to such date. If moneys for payment of such redemption price and the accrued interest are held by the Bond Registrar as provided in the Resolution, interest on the Bonds or the portions thereof called for redemption shall cease to accrue, such Bonds or portions thereof shall cease to be entitled to any benefits or security under the Resolution or to be deemed outstanding, and the registered owners of such Bonds or portions thereof shall have no rights in respect thereof except to receive payment of the redemption price thereof, plus accrued interest to the date of redemption. If a portion of this Bond shall be called for redemption, a new Bond or Bonds in principal amount equal to the unredeemed portion hereof will be issued to the registered owner hereof or the legal representative of said owner upon the surrender hereof.

The Issuer shall have the right to revoke any call of Bonds for redemption if, on or prior to the third (3rd) business day preceding any date fixed for redemption of Bonds, the Issuer gives written notice to the Bond Registrar and the registered owner of each Bond theretofore called for redemption that the Issuer has elected to revoke its call of such Bonds for redemption.


[The following four paragraphs are to be included in the form of Bond
so long as the Bonds are being issued pursuant to a book-entry system.]

The Bonds initially are being issued by means of a book-entry system with no physical distribution of Bond certificates to be made except as provided in the Resolution. Initially one fully registered Bond certificate for each stated maturity of the Bonds, in the aggregate principal amount of the Bonds of such stated maturity and registered in the name of the Securities Depository Nominee (as defined in the Resolution), a nominee of the Securities Depository (as defined in the Resolution), is being issued and required to be deposited with the Securities Depository and immobilized in its custody. The book-entry system of the Securities Depository will evidence positions held in the Bonds by the Securities Depository’s participants, with beneficial ownership of the Bonds in the principal amount of $5,000 or any whole multiple thereof being evidenced in the records of such participants. Transfers of beneficial ownership will be effected on the records of the Securities Depository and its participants pursuant to rules and procedures established by the Securities Depository and its participants.
The Issuer and the Bond Registrar will recognize the Securities Depository Nominee or the Securities Depository, as the case may be, while the registered owner of this Bond, as the owner of this Bond for all purposes, including payments of principal of, and redemption premium, if any, and interest on, this Bond, notices and voting. Transfer of principal and interest and any redemption premium payments to participants of the Securities Depository will be the responsibility of the Securities Depository, and transfer of principal and interest and any redemption premium payments to beneficial owners of the Bonds by participants of the Securities Depository will be the responsibility of such participants and other nominees of such beneficial owners. The Issuer and the Bond Registrar will not be responsible or liable for such transfers of payments or for maintaining, supervising or reviewing records maintained by the Securities Depository, its participants or persons acting through such participants.
While the Securities Depository Nominee or the Securities Depository, as the case may be, is the owner of this Bond, notwithstanding the provisions hereinabove contained, payments of principal of, redemption premium, if any, and interest on this Bond shall be made to the Securities Depository Nominee or the Securities Depository, as the case may be, by wire transfer in immediately available funds to the account of said holder as may be specified in the bond registration books maintained by the Bond Registrar or by such other method of payment as the Issuer may determine to be necessary or advisable with the concurrence of the Securities Depository. Further, so long as a book-entry system is used for determining beneficial ownership of Bonds, redemption notices shall be given to the Securities Depository Nominee by certified or registered mail or by such other method as the Issuer may determine to be necessary or advisable with the concurrence of the Securities Depository. In addition, so long as a book-entry system is used for determining beneficial ownership of Bonds, if
less than all of the Bonds of any one maturity shall be called for redemption, the Securities Depository shall determine by lot the amount of interest of each direct participant of the Securities Depository in the Bonds within such maturity to be redeemed.
In certain events, the Issuer may replace the Securities Depository at the time with another qualified securities depository. In certain events, the Issuer may discontinue the book-entry system and deliver replacement Bonds in the form of fully registered certificates in the denomination of $5,000 or any multiple thereof in exchange for the outstanding Bonds as provided in the Resolution.
At the office of the Bond Registrar, in the manner and subject to the conditions provided in the Resolution, Bonds may be exchanged for an equal aggregate principal amount of Bonds of the same maturity, of authorized denominations and bearing interest at the same rate.
The Bond Registrar shall keep at its office the books of the Issuer for the registration of transfer of Bonds. The transfer of this Bond may be registered only upon such books and as otherwise provided in the Resolution upon the surrender hereof to the Bond Registrar together with an assignment duly executed by the registered owner hereof or his attorney or legal representative in such form as shall be satisfactory to the Bond Registrar. Upon any such registration of transfer, the Bond Registrar shall authenticate and deliver in exchange for this Bond a new Bond or Bonds, registered in the name of the transferee, of authorized denominations, in an aggregate principal amount equal to the unredeemed principal amount of this Bond, of the same maturity and bearing interest at the same rate.
The Bond Registrar shall not be required to exchange or register the transfer of any Bond during a period beginning at the opening of business 15 days before the day of the mailing of a notice of redemption of Bonds or any portion thereof and ending at the close of business on the day of such mailing or of any Bond called for redemption in whole or in part pursuant to the Resolution.
It is hereby certified and recited that all acts, conditions and things required by the Constitution and laws of North Carolina to happen, exist and be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in regular and due form and time as so required; that provision has been made for the levy and collection of a direct annual tax upon all taxable property within the geographic boundaries of the Issuer sufficient to pay the principal of and the interest on this Bond as the same shall become due; and that the total indebtedness of the Issuer, including this Bond, does not exceed any constitutional or statutory limitation thereon.
[The following paragraphs through the Certificate of Authentication
are to appear on the front side of printed Bonds.]

This Bond shall not be valid or become obligatory for any purpose or be entitled to any benefit or security under the Resolution until this Bond shall have been authenticated by the execution by the Bond Registrar of the certificate of authentication endorsed hereon.
IN WITNESS WHEREOF, said County of Wake, by resolution duly adopted by its Board, has caused this Bond to be executed with the manual or facsimile signatures of the [Chairman/Vice-Chairman] and the Clerk to the Board and its seal to be impressed or imprinted hereon, all as of the _____ day of __________, 2005.

COUNTY OF WAKE, NORTH CAROLINA


[Manual or Facsimile Signature ]

[SEAL] [Manual or Facsimile Signature ]
CERTIFICATE OF LOCAL GOVERNMENT COMMISSION

The issuance of the within Bond has been approved under the provisions of The Local Government Bond Act of North Carolina.

[Manual or Facsimile Signature ]
Secretary, Local Government Commission

CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds of the series designated herein and issued under the provisions of the within-mentioned Resolution.

COUNTY OF WAKE, NORTH CAROLINA
as Bond Registrar

By:_____________________________
Finance Director

Date of Authentication: ________________________






ASSIGNMENT
FOR VALUE RECEIVED the undersigned registered owner thereof hereby sells, assigns and transfers unto__________________________________________________________________
_____________________________________________________________________________
the within bond and all rights thereunder and hereby irrevocably constitutes and appoints
_____________________________________________________________________________
attorney to register the transfer of said bond on the books kept for registration thereof, with full power of substitution in the premises.
Dated: ________________ Signature Guaranteed:
_______________________________
NOTICE: The assignor’s signature to this assignment must correspond with the name of the registered owner as it appears upon the face of the within bond in every particular, without alteration or enlargement or any change whatever.

[End of Bond Form]

Certificated Bonds issuable hereunder shall be in substantially the form of the Bonds registered in the name of the Securities Depository Nominee with such changes as are necessary to reflect the provisions of this resolution that are applicable to Certificated Bonds.
Section 7. The various maturities of the Bonds will be subject to redemption prior to their respective maturity as set forth herein or as otherwise designated by the County Manager or Finance Director at the time of sale of the Bonds. All or any of the maturities of the Bonds as so designated by the County Manager or Finance Director, may be nonredeemable prior to their stated maturity. If any of the Bonds are to be redeemable before their stated maturity, the provisions set forth in the remainder of this Section 7 shall apply; but such provisions shall be inapplicable if none of the Bonds are subject to redemption prior to their stated maturity.
The Bonds maturing prior to May 1, 2016 will not be subject to redemption prior to maturity. The Bonds maturing on May 1, 2016 and thereafter will be redeemable, at the option of the Issuer, from any moneys that may be made available for such purpose, either in whole or in part on any date not earlier than May 1, 2015, at a redemption price equal to 100% of the principal amount of the Bonds to be redeemed, together with interest accrued thereon to the date fixed for redemption.
If less than all of the Bonds of any one maturity shall be called for redemption then, subject to the immediately following sentence, the particular Bonds or portions of Bonds of such maturity to be redeemed shall be selected by lot in such manner as the Issuer in its discretion may determine; provided, however, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some whole multiple thereof and that, in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. So long as a book-entry system is used for determining beneficial ownership of the Bonds, if less than all of the Bonds of any one maturity shall be called for redemption, the Securities Depository shall determine by lot the amount of interest of each direct participant of the Securities Depository in the Bonds within such maturity to be redeemed. If less than all of the Bonds stated to mature on different dates shall be called for redemption, the particular Bonds or portions thereof to be redeemed shall be called in such maturities and amounts of those maturities as shall be determined by the Issuer.
Not more than 60 days nor less than 30 days before the redemption date of any Bonds to be redeemed, whether such redemption be in whole or in part, the Issuer shall cause a notice of such redemption to be filed with the Bond Registrar and to be mailed, postage prepaid, to the registered owner of each Bond to be redeemed in whole or in part at the address of said owner appearing upon the registration books of the Issuer; provided, however, so long as a book-entry system is used for determining beneficial ownership of Bonds, such notice shall be given to the Securities Depository Nominee by certified or registered mail or by such other method as the Issuer may determine to be necessary or advisable with the concurrence of the Securities Depository. Failure to mail such notice or any defect therein as to any Bond or portion thereof shall not affect the validity of the redemption as to any Bond or portion thereof for which such notice was given as required hereby. Each such notice shall set forth the date designated for redemption, the redemption price to be paid and the maturities of the Bonds to be redeemed. In the event that Certificated Bonds are outstanding, each such notice to the registered owners thereof shall also set forth, if less than all of the Bonds of any maturity then outstanding shall be called for redemption, the distinctive numbers and letters, if any, of such Bonds to be redeemed and, in the case of any Bond to be redeemed in part only, the portion of the principal amount thereof to be redeemed. If any Bond is to be redeemed in part only, the notice of redemption shall state also that on or after the redemption date, upon surrender of such Bond, a new Bond or Bonds in principal amount equal to the unredeemed portion of such Bond will be issued.
The Issuer shall have the right to revoke any call of Bonds for redemption if, on or prior to the third (3rd) business day preceding any date fixed for redemption of Bonds, the Issuer gives written notice to the Bond Registrar and the registered owner of each Bond theretofore called for redemption that the Issuer has elected to revoke its call of such Bonds for redemption.
If any Bonds or portions thereof, are to be redeemed, the Bond Registrar shall open a separate account for the sole benefit of the bondholders whose Bonds are being redeemed, which account may be maintained by the Bond Registrar or by an agent. On or before the date fixed for redemption, moneys shall be deposited with the Bond Registrar in its capacity as such for deposit in such account to pay the principal of and the redemption premium, if any, on the Bonds or portions thereof called for redemption as well as the interest accruing thereon to the redemption date thereof.
On the date fixed for redemption, notice having been given in the manner and under the conditions hereinabove provided and not revoked as hereinabove provided, the Bonds or portions thereof so called for redemption shall be due and payable from the moneys required to be deposited in such account at the redemption price provided therefor, plus accrued interest to such date. If moneys sufficient to pay the redemption price of the Bonds or portions thereof to be redeemed, plus accrued interest thereon to the date fixed for redemption, are held by the Bond Registrar in such account in trust for the registered owners of Bonds or portions thereof to be redeemed, interest on the Bonds or portions thereof called for redemption shall cease to accrue, such Bonds or portions thereof shall cease to be entitled to any benefits or security under this resolution or to be deemed outstanding, and the registered owners of such Bonds or portions thereof shall have no rights in respect thereof except to receive payment of the redemption price thereof, plus accrued interest to the date of redemption.
If a portion of a Bond shall be selected for redemption, the registered owner thereof or his attorney or legal representative shall present and surrender such Bond to the Bond Registrar for payment of the principal amount thereof called for redemption and the redemption premium, if any, on such principal amount, and the Bond Registrar shall authenticate and deliver to or upon the order of such registered owner or his legal representative, without charge therefor, for the unredeemed portion of the principal amount of the Bond so surrendered, a Bond or Bonds of the same maturity, of any denomination or denominations authorized by this resolution and bearing interest at the same rate.
Section 8. The provisions of this Section 8 relating to the exchange and transfer of Bonds are subject to the provisions for operation of the book-entry system provided in Section 4 of this resolution, including the immobilization of Bond certificates with a Securities Depository during the continuation of the book-entry system. Bonds, upon surrender thereof at the office of the Bond Registrar together with an assignment duly executed by the registered owner or his attorney or legal representative in such form as shall be satisfactory to the Bond Registrar, may, at the option of the registered owner thereof, be exchanged for an equal aggregate principal amount of Bonds of the same maturity, of any denomination or denominations authorized by this resolution and bearing interest at the same rate.
The transfer of any Bond may be registered only upon the registration books of the Issuer upon the surrender thereof to the Bond Registrar together with an assignment duly executed by the registered owner or his attorney or legal representative in such form as shall be satisfactory to the Bond Registrar. Upon any such registration of transfer, the Bond Registrar shall authenticate and deliver in exchange for such Bond a new Bond or Bonds registered in the name of the transferee, of any denomination or denominations authorized by this resolution, in an aggregate principal amount equal to the unredeemed principal amount of such Bond so surrendered, of the same maturity and bearing interest at the same rate.
In all cases in which Bonds shall be exchanged or the transfer of Bonds shall be registered hereunder, the Bond Registrar shall authenticate and deliver at the earliest practicable time Bonds in accordance with the provisions of this resolution. All Bonds surrendered in any such exchange or registration of transfer shall forthwith be cancelled by the Bond Registrar. The Issuer or the Bond Registrar may make a charge for every such exchange or registration of transfer of Bonds sufficient to reimburse it for shipping charges, out-of-pocket costs and any tax, fee or other governmental charge required to be paid with respect to such exchange or registration of transfer, but no other charge shall be made by the Issuer or the Bond Registrar for exchanging or registering the transfer of Bonds under this resolution. The Bond Registrar shall not be required to exchange or register the transfer of any Bond during a period beginning at the opening of business 15 days before the day of the mailing of a notice of redemption of Bonds or any portion thereof and ending at the close of business on the day of such mailing or of any Bond called for redemption in whole or in part pursuant to Section 7 of this resolution.
As to any Bond, the person in whose name the same shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal or redemption price of any such Bond and the interest on any such Bond shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the redemption premium, if any, and interest thereon, to the extent of the sum or sums so paid.
The Issuer shall appoint such registrars, transfer agents, depositaries or other agents as may be necessary for the registration, registration of transfer and exchange of Bonds within a reasonable time according to then current commercial standards and for the timely payment of principal, interest and any redemption premium with respect to the Bonds. The Issuer is to act as the initial registrar, transfer agent and paying agent for the Bonds (collectively the “Bond Registrar”), subject to the right of the governing body of the Issuer to appoint another Bond Registrar. The Finance Director (or such other officer who shall from time to time perform the duties of finance officer within the meaning of North Carolina General Statutes, Section 159-24, as it may be amended from time to time, or any successor statute) is hereby designated to act on behalf of the Issuer in carrying out its responsibilities as Bond Registrar, subject to the right of the governing body of the Issuer to designate another officer to act on its behalf, and as such shall keep at the office of the Finance Director, currently at Wake County Office Building, 336 Fayetteville Street Mall, 9th Floor, Raleigh, North Carolina 27602, the books of the Issuer for the registration, registration of transfer, exchange and payment of the Bonds.
Section 9. The actions of the County Manager and the Finance Director of the Issuer in applying to the Local Government Commission of North Carolina to advertise and sell the Bonds are hereby approved, ratified and confirmed. The Local Government Commission of North Carolina is hereby requested to ask for sealed bids for the Bonds by publishing notices and printing and distributing a Preliminary Official Statement and an Official Statement, including any supplement thereto, relating to the sale of the Bonds. The Preliminary Official Statement, proposed to be dated on or about October 7, 2005, substantially in the form presented at this meeting, and an Official Statement, proposed to be dated on or about October 18, 2005, in substantially the form of the Preliminary Official Statement presented at this meeting, with such changes as are necessary to reflect the maturities, redemption provisions, interest rates and other pricing data of the Bonds is hereby approved and the Chairman or Vice-Chairman of the Board, the County Manager and the Finance Director, respectively, of the Issuer are each hereby authorized to approve changes in such Preliminary Official Statement or Official Statement, to approve any supplement to such Preliminary Official Statement or Official Statement and to execute such Official Statement and any supplement to such Official Statement for and on behalf of the Issuer.
Section 10. There may be printed on the reverse of each of any printed Bonds the legal opinion of Helms Mulliss & Wicker, PLLC, bond counsel to the Issuer, with respect to the validity of the Bonds and there may be printed immediately following such legal opinion a certificate bearing the manual or facsimile signature of the Chairman or Vice-Chairman of the Board of the Issuer, said certificate to be in substantially the following form: Section 11. The Issuer covenants that, to the extent permitted by the Constitution and laws of the State of North Carolina, it will do and perform all acts and things to comply with the requirements of the Internal Revenue Code of 1986, as amended (the “Code”), and any related regulations and procedures in order to assure that interest paid on the Bonds will not be includable in the gross income of the owners thereof for purposes of federal income taxation, except to the extent that the
Issuer obtains an opinion of bond counsel to the effect that noncompliance would not result in interest on the Bonds being includable in the gross income of the owners of the Bonds for purposes of federal income taxation.
As necessary or appropriate in connection with the issuance of the Bonds all officers, employees and agents of the Issuer are authorized and directed to provide certifications of material facts and estimates as to the reasonable expectations of the Issuer as of the date(s) the Bonds are delivered and on behalf of the Issuer to sign agreements or acknowledge instructions regarding compliance with the requirements of the Code and any related regulations and procedures relating to the Bonds.
Section 12. There are hereby created, as may be needed, appropriate funds and accounts of the Issuer for the receipt and expenditure of the proceeds of the Bonds and appropriate debt service funds and accounts of the Issuer for the receipt and disbursement of debt service payments on the Bonds.
Section 13. The Issuer hereby undertakes, for the benefit of the beneficial owners of the Bonds to provide:
(a) by not later than seven months from the end of each fiscal year of the Issuer, commencing with the fiscal year ending June 30, 2005, to each nationally recognized municipal securities information repository (“NRMSIR”) and to the state information depository for the State of North Carolina (“SID”), if any, audited financial statements of the Issuer for such fiscal year, if available, prepared in accordance with Section 159-34 of the General Statutes of North Carolina, as it may be amended from time to time, or any successor statute, or, if such audited financial statements of the Issuer are not available by seven months from the end of such fiscal year, unaudited financial statements of the Issuer for such fiscal year to be replaced subsequently by audited financial statements of the Issuer to be delivered within 15 days after such audited financial statements become available for distribution;
(b) by not later than seven months from the end of each fiscal year of the Issuer, commencing with the fiscal year ending June 30, 2005, to each NRMSIR, and to the SID, if any, (i) the financial and statistical data as of a date not earlier than the end of the preceding fiscal year for the type of information included under the heading “The County - Debt Information and - Tax Information” in the Official Statement relating to the Bonds [(excluding any information on overlapping or underlying units)], and (ii) the combined budget of the Issuer for the current fiscal year, to the extent such items are not included in the financial statements referred to in (a) above;
(c) in a timely manner, to each NRMSIR or to the Municipal Securities Rulemaking Board
(“MSRB”), and to the SID, if any, notice of any of the following events with respect to the Bonds, if material:
(1) principal and interest payment delinquencies; (4) unscheduled draws on any credit enhancements reflecting financial difficulties;
(5) substitution of any credit or liquidity providers, or their failure to perform; (11) rating changes; and
(d) in a timely manner, to each NRMSIR or to the MSRB, and to the SID, if any, notice of a failure of the Issuer to provide required annual financial information described in (a) or (b) above on or before the date specified.
If the Issuer fails to comply with the undertaking described above, any beneficial owner of the Bonds may take action to protect and enforce the rights of all beneficial owners with respect to such undertaking, including an action for specific performance; provided, however, that failure to comply with such undertaking shall not be an event of default and shall not result in any acceleration of payment of the Bonds. All actions shall be instituted, had and maintained in the manner provided in this paragraph for the benefit of all beneficial owners of the Bonds.
The Issuer reserves the right to modify from time to time the information to be provided to the extent necessary or appropriate in the judgment of the Issuer, provided that:
(a) any such modification may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature, or status of the Issuer;
(b) the information to be provided, as modified, would have complied with the requirements of Rule 15c2-12 issued under the Securities Exchange Act of 1934 (“Rule 15c2-12”) as of the date of the Official Statement relating to the Bonds, after taking into account any amendments or interpretations of Rule 15c2-12, as well as any changes in circumstances; and
(c) any such modification does not materially impair the interests of the beneficial owners, as determined either by parties unaffiliated with the Issuer (such as bond counsel), or by the approving vote of the registered owners of a majority in principal amount of the Bonds pursuant to the terms of this bond resolution, as it may be amended from time to time, at the time of the amendment.
Any annual financial information containing modified operating data or financial information shall explain, in narrative form, the reasons for the modification and the impact of the change in the type of operating data or financial information being provided.
To the extent permitted by the U.S. Securities and Exchange Commission, the Issuer may discharge its undertaking described above by transmitting those documents or notices electronically to www.disclosureusa.org.
The provisions of this Section shall terminate upon payment, or provision having been made for payment in a manner consistent with Rule 15c2-12, in full of the principal of and interest on all of the.
Section 14. The Chairman or Vice-Chairman of the Board, the Clerk to the Board, the County Manager, the Finance Director and the other officers of the Issuer are each hereby authorized and directed to execute and deliver for and on behalf of the Issuer any and all financing statements, certificates, documents or other papers, including, without limitation, Letter(s) of Representations to Securities Depositories [and agreements relating to investment of proceeds of the Bonds (including repurchase agreements)], and to perform any and all acts they may deem necessary or appropriate in order to carry out the intent of this resolution and the matters herein authorized.
Section 15. This resolution shall take effect upon its passage.
Upon motion of Commissioner Council, seconded by Commissioner Webb, the foregoing resolution entitled: “RESOLUTION PROVIDING FOR THE ISSUANCE OF $41,000,000 GENERAL OBLIGATION SCHOOL BONDS, SERIES 2005” was passed by the following vote:
Ayes: Commissioners Council, Gardner, Gurley, Ward, Webb and Chairman Bryan
Noes: Commissioner Jeffreys
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APPROVAL OF DOCUMENTS NECESSARY TO EXECUTE
A $309 MILLION TAX-EXEMPT COMMERCIAL PAPER PROGRAM

Chairman Bryan introduced the following resolution, a summary of which had been provided to each Commissioner, a copy of which was available with the Clerk to the Board and which was read by title: WHEREAS, the County has heretofore (1) adopted a bond order on August 4, 2003 authorizing the County to issue general obligation bonds to finance certain public school projects and improvements, which bond order is now in full force and effect, (2) adopted a bond order on August 4, 2003 authorizing the County to issue general obligation bonds to finance certain public library projects and improvements, which bond order is now in full force and effect, (3) adopted a bond order on August 16, 2004 authorizing the County to issue general obligation bonds to finance certain projects and improvements for Wake Technical Community College, which bond order is now in full force and effect and (4) adopted a bond order on August 16, 2004 authorizing the County to issue general obligation bonds to finance certain open space projects and improvements, which bond order is now in full force and effect (collectively, the “Bond Orders”);

WHEREAS, it is desirable at this time to make provision for the issuance of bond anticipation notes (the “Notes”) permitted and authorized by said Bond Orders;

WHEREAS, the County desires to enter into a Commercial Paper Dealer Agreement dated as of November 1, 2005 (the “Dealer Agreement”) with Banc of America Securities LLC (the “Dealer”) and the North Carolina Local Government Commission (the “Commission”), under which the County and the Commission will sell and deliver the Notes to the Dealer under the terms and conditions set forth therein and in this Note Resolution; and

WHEREAS, copies of the forms of the following documents (collectively, the “County Documents”) relating to the transactions described above have been filed with the County and have been made available to the Board:

1. the Dealer Agreement;


NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Wake, North Carolina, as follows:

Section 1. For purposes of this Note Resolution, all capitalized, undefined words have the meanings ascribed to them in Appendix A hereto.

Section 2. The County is hereby authorized to issue not to exceed $309,000,000 in total aggregate principal amount of its Notes.

Section 3. The Notes shall be issued on the terms set forth in Appendix A. The Notes are being issued to provide funds to pay the capital costs of the Projects authorized by the Bond Orders.

Section 4. The Chairman, the County Manager, the Finance Director and the Deputy Finance Director of the County are hereby authorized, empowered and directed to do any and all acts and to execute any and all documents, which they, in their discretion, deem necessary and appropriate in order to consummate the transactions contemplated by (1) this Note Resolution, (2) the County Documents and (3) the other documents presented to this meeting; except that none of the above is authorized or empowered to do anything or execute any document which is in contravention, in any way, of (a) the specific provisions of this Note Resolution, (b) any agreement to which the County is bound, (c) any rule or regulation of the County or (d) any applicable law, statute, ordinance, rule or regulation of the United States of America or the State of North Carolina.

From the adoption of this Resolution until the date of the first issuance of Notes hereunder, the County Manager and the Finance Director of the County are hereby authorized, empowered and directed to make any changes, modifications, additions or deletions to Appendix A hereto as shall to them seem necessary, desirable or appropriate that may be requested by the rating agencies rating the Notes or other technical changes to the provisions of the Notes necessary to implement the intent of this Note Resolution. Such changes, modifications, additions or deletions to Appendix A shall be set forth in a certificate executed by the County Manager and the Finance Director of the County on the date of the first issuance of Notes hereunder.

Section 5. The form and content of the Offering Memorandum, Dealer Agreement, the Issuing and Paying Agency Agreement and the Liquidity Facility be and the same hereby are in all respects approved and confirmed, and the Chairman, the County Manager, the Finance Director and the Deputy Finance Director of the County be and they hereby are authorized, empowered, and directed to execute and deliver the Dealer Agreement, the Issuing and Paying Agency Agreement and the Liquidity Facility for and on behalf of the County, including necessary counterparts, in substantially the form and content presented to the County, but with such changes, modifications, additions or deletions therein as shall to them seem necessary, desirable or appropriate, the execution thereof to constitute conclusive evidence of his or her approval of any and all such changes, modifications, additions or deletions therein, and that from and after the execution and delivery of the Dealer Agreement, the Issuing and Paying Agency Agreement and the Liquidity Facility, the Chairman, the County Manager, the Finance Director and the Deputy Finance Director of the County are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Dealer Agreement, the Issuing and Paying Agency Agreement and the Liquidity Facility as executed.

Section 6. From and after the execution and delivery of the documents hereinabove authorized, the Chairman, the County Manager, the Finance Director, the Deputy Finance Director and the Clerk to the Board, and their respective designees, are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of said documents as executed, and are further authorized to take any and all further actions to execute and deliver any and all other documents as may be necessary in the issuance of the Notes.

The Chairman, the County Manager, the Finance Director, the Deputy Finance Director and the Clerk to the Board are hereby authorized and directed to prepare and furnish, when the Notes are issued, certified copies of all the proceedings and records of the Board relating to the Notes, and such other affidavits, certificates and documents as may be required to show the facts relating to the legality and marketability of the Notes as such facts appear on the books and records in such party's custody and control or as otherwise known to them; and all such certified copies, certificates, affidavits and documents, including any heretofore furnished, shall constitute representations of the County as to the truth of all statements contained therein.

All acts and doings of the Chairman, the County Manager, the Finance Director, the Deputy Finance Director and the Clerk to the Board that are in conformity with the purposes and intents of this Note Resolution and in the furtherance of the issuance of the Notes and the execution, delivery and performance of the County Documents are in all respects approved and confirmed.

Section 7. The appointment of Waters & Company, LLC as financial advisor to the County in connection with the issuance of the Notes by the County is hereby approved, ratified and confirmed.

Section 8. The County confirms (a) it has considered and evaluated both fixed and commercial paper/variable rate debt alternatives; (b) it has considered and recognizes that the current interest rates on fixed rate debt instruments are low and has determined that the estimated interest rate at which fixed rate bonds could be issued is below 5.50%; and (c) it has considered and recognizes that commercial paper/variable interest rate debt instruments subject the County to the risk of higher interest rates in the future, that the rates may be higher than the fixed rates that are currently available to the County, and that in addition to the variable interest rate cost, the County must pay fees to a liquidity provider and a commercial paper dealer, which fees will increase the cost of commercial paper/variable rate debt. The County desires to issue the Notes as commercial paper/variable rate debt financing because (1) the initial interest rate is substantially below the fixed rate at which it is anticipated the debt represented by the Notes could be sold if the debt represented by the Notes was sold as long-term fixed rate debt; (2) using commercial paper debt permits a substantial increase in the County’s capital improvement program during fiscal years 2006 through 2012; (3) the interest rate on the debt represented by the Notes can be fixed at any time through the issuance of long-term fixed rate debt to refinance the debt represented by the Notes and (4) commercial paper debt reduces or eliminates “negative arbitrage” which occurs when unspent fixed rate bond proceeds are invested at a short-term yield that is less than the yield on the fixed rate bonds.

Section 9. That this Resolution is effective on the date of its adoption.

Upon motion of Commissioner Council, seconded by Commissioner Ward, the foregoing resolution entitled: “Resolution Providing for the Issuance, Sale and Delivery of not exceeding $309,000,000 General Obligation Commercial Paper Bond Anticipation Notes of the County of Wake, North Carolina” was passed by the following vote:

Ayes: Commissioners Council, Gardner, Gurley, Jeffreys, Ward, Webb, and Chairman Bryan

Noes: None

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VETERANS SERVICE OFFICE UPDATE AND ESTABLISHMENT
OF TWO FULL TIME EQUIVALENT POSITIONS

The Board of Commissioners received a presentation from the Wake County Council of Veterans Organizations on April 18, 2005. As a result of this presentation, a Veterans Service Working Group was created to address issues raised by the Council and to determine if changes are needed in the areas of staffing, facilities/location and organization alignment in order to better meet the service needs of Wake County veteran population of 51,377.

Ms. Johnna Rogers, Budget and Management Services Director, was recognized to present the group’s findings and recommendations:

Staffing
The County Veterans Service Office (VSO) currently has two authorized positions.

Recommendation: that two additional positions be added to the Wake County Veterans
Services Office
An additional Veterans Service Officer
Organizational alignment
The VSO is currently a unit within the Economic Self-Sufficiency Division of Human Services.

Recommendation: The VSO become a division of Community Services, and that Community
Services and Human Services will develop a transition plan and the new positions be added
under the new organization alignment.


Location
Currently in the Swinburn Building and in need of additional space

Recommendation: Relocation of service considering the criteria below:

Physical location outside of downtown Raleigh, but remaining within Raleigh City limits
Following discussion, the Board received the report of the Working Group and upon motion of Commissioner Webb, seconded by Commissioner Jeffreys, the Board approved the recommendations as presented, including the establishment of two FTEs for the Veterans Service Office to be funded within existing fiscal year 2006 resources.
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AWARD OF CONSTRUCTION CONTRACT FOR HOLLY SPRINGS
BRANCH LIBRARY AND CULTURAL CENTER
AND AMEND THE INTERLOCAL AGREEMENT

On November 17, 2003, the Board of Commissioners approved entering into an Interlocal Agreement with the Town of Holly Springs (Town) for conveyance of approximately 7 acres of land for development of a new Branch Library, in conjunction with a Cultural Center to be funded by the Town. In August 2004 the Commissioners of both the County and the Town authorized certain revisions to the language of the original Interlocal Agreement. Under this revised agreement, the County will retain ownership of the property and all improvements made thereon. Prior to completion of construction the County will execute a 99-year lease with the Town of Holly Springs for the Cultural Center portion of the facility. In addition, a Joint Use Agreement will be executed by both parties to address operational and maintenance issues.

The site is located two blocks from downtown Holly Springs, and the new facility will form a link between the downtown area and a residential area to the west. Concurrent with the development of this site, the Town will also fund a realignment of West Ballentine Street, shifting the road to the north, and maximizing the library site for construction of the new building. The realignment of West Ballentine Street has been incorporated into this project, but will be funded completely by the Town of Holly Springs. An additional 20 parking spaces will be provided along this new street.

On December 6, 2004, the Board of Commissioners approved Schematic Design for the Branch Library and Cultural Center. The Library will be 8,100 SF, consistent with the prototype previously defined for branch libraries, and will feature a large open space with generous daylighting from north windows, and support space along the south side of the space.

The Cultural Center will be 11,812 SF, and will feature a multipurpose space that will accommodate a variety of uses, including performance and dinner theatre, senior events, and lectures. This space can also accommodate library activities, such as book signings, and children's story time, etc. Associated support space, a catering kitchen and four classrooms are also included. The facility will be a single story, brick structure featuring a spacious central lobby, a glass storefront along the north side of the library and a taller volume encompassing the cultural center theatre.

On July 21, 2005 bid proposals were received from pre-qualified general contractors for the construction of the Library and Cultural Center in accordance with NC General Statutes. The lowest bid exceeded the budget for construction. Therefore, the Design Team, together with County staff, and staff from the Town evaluated a series of value engineering options with the low bidder. After careful consideration, County and Town staff selected items resulting in a total savings of $107,832.

The total contract award recommendation is $5,335,516. On the basis of the Interlocal Agreement between the Town and County, the Town's portion of this cost is $3,415,461, which includes not only building /site development costs, but construction of the Ballentine Street realignment and installation of theatre equipment. The portion attributed to the Library is $1,918,955. This amount is $222,000 over funding currently allocated in the Capital Program for the County's portion of the project. Designers, contractors and County staff concluded that without reducing the square footage of the facility, relaxing energy efficiency requirements, reducing quality of materials or compromising functional/programmatic goals for the library, the original budget for construction cannot be met. Therefore, it is proposed that the shortfall for the County's portion of the project be taken from
the library capital reserve (current balance of $1.37 mil.) originally contemplated for a potential future downtown Raleigh library. On September 6, the Board of Commissioners for the Town approved the attached amendment to the Interlocal Agreement increasing their funding commitment to cover their part of the updated project costs.

Staff recommends award of the construction contract to the lowest responsible bidder. The contract award incorporates the Base Bid and Post Bid Addendum No. 1 along with acceptance of Alternate No. 1 (Ballentine Street roadway realignment - funded by the Town of Holly Springs). With award of this contract, construction is scheduled to begin in October, and will be completed in the Fall of 2006.

Upon motion of Commissioner Ward, seconded by Commissioner Council, the Board unanimously approved:
1) an amendment to the Interlocal Agreement between the Town of Holly Springs and Wake County for the Holly Springs Library and Cultural Center; and

2) award of construction contract for Holly Springs Branch Library and Cultural Center to the RESOLUTE Building Company, Chapel Hill, NC, which incorporates the Base Bid, acceptance of Alternate #1, and acceptance of Post Bid Addendum No. 1 for a total amount of $5,335,516


STATE OF NORTH CAROLINA

COUNTY OF WAKE
AMENDMENT TO INTERLOCAL AGREEMENT
FOR A LIBRARY AND CULTURAL FACILITY
IN HOLLY SPRINGS

This AMENDMENT to the “Interlocal Agreement for a Library and Cultural Facility in Holly Springs” dated as of _______________________(hereinafter referred to as the “Agreement”) between the Town of Holly Springs, North Carolina (“the Town”), a municipal corporation of the State of North Carolina, and Wake County (“the County”), a body politic and a political subdivision of the State of North Carolina, is hereby executed as this the ___day of ___, 2005.
RECITALS

WHEREAS, The Town and County executed the Agreement for purposes of providing real estate and for the design and construction of a Wake County Public Library and Cultural Facility in the Town of Holly Springs; and

WHEREAS, The Town and County desire to amend certain portions of the Agreement relating to infrastructure improvements to be provided by the Town; and

WHEREAS, this Amendment to the Agreement is entered into pursuant to North Carolina General Statutes, Article 20, Part 1 of Chapter 160A.

NOW, THEREFORE, in consideration of the mutual goals and promises contained herein the parties agree as follows:
1.Paragraph (e) of Section 1.4 of the Agreement shall be amended as follows:

(e) The Town agrees to provide funding to cover the full cost associated with the design and construction of the infrastructure improvements to the property. Specifically these infrastructure improvements shall include the realignment of Ballentine Street running through the Property and water and sewer utility service to the Property as shown on plans prepared by Lulkey Engineers and Consultants entitled West Ballentine Street Roadway Connection, and dated June 24, 2005. The County agrees to incorporate the construction of these improvements in the County’s construction contract for the Library and Cultural Facility. The total cost of the above described roadway and utility construction will be reimbursed by the Town to the County and will be included as a part of the Town’s costs associated with the Project to the paid by the Town in accordance with the schedule as outlined in the Agreement.
2.Except as amended hereby the Agreement shall remain in full force and effect in accordance with its terms.

IN WITNESS WHEREOF, the Boards of the Town and County have caused this Amendment to be executed by their duly appointed officers, and to be preaudited in the manner required by the Local Government Budget and Fiscal Control Act.
Attest: _______________________
Clerk

(SEAL)
Town of Holly Springs

By: __________________________
Mayor
Attest: ________________________
Clerk

(Seal)

Approved As To Form:

_____________________________
County Attorney
Wake County Board of Commissioners

By: _________________________
Chairman



Approved As To Form:

____________________________
Town Attorney

This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act.

__________________________________ ___________________________________
Finance Officer, Wake County Finance Officer, Town of Holly Springs

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FIVE-YEAR COMMUNITY TRANSPORATION PLAN FOR
WAKE COORDINATED TRANSPORTATION SERVICE

Chairman Bryan recognized Don Willis, Wake County Human Services and Wilbur Smith of Wilbur Smith Associates, the company conducting the study. The purpose of this Community Transportation Services Plan (CTSP) is to plot the course of transportation services in Wake County for Human Services and other social service organizations and to define the role and scope of general public services in Wake County outside of the urbanized area of the county and areas not served by one of the municipal systems. It is a five-year transit plan and meets the requirements of the Department of Transportation.

Wake County’s community transportation needs are primarily met by the Wake Coordinated Transportation Service (WCTS), which is a division in the Operations Section of Wake County’s Department of Human Services (WCHS). Its primary clients are the Service Divisions of the WCHS, but other agencies are also served. WCTS recently re-instituted its general public service, which operates under the brand name TRACS. Services of both of these groups are covered by this CTSP.

The North Carolina Department of Transportation requires grant recipients to complete a plan in order to receive funding. Wake County Human Services hired a consulting firm, Wilbur Smith Associates, to complete this planning process. The County Manager appoints the Transportation Advisory Board (TAB), which provided oversight to this planning process. The TAB has worked with Wilbur Smith Associates to develop this plan over the last year. The draft final plan was completed, and presented to the TAB for their review and TAB recommends that the Board of Commissioners receive this plan. The major recommendations of the plan are:

ORGANIZATION
Create a “User Group” subcommittee of the Transportation Advisory Board
Create new Senior Accounting Technician position for agency billing (already implemented)
Maintain brokerage structure with careful addition of new vendors
Create new scheduler position to improve efficiencies
SERVICE MODIFICATIONS
Allow general public riders on agency vehicles outside of Raleigh/Cary
Direct all agency trips through Wake County Transportation Service
Increase TRACS service area and days of service
Keep abreast of Triangle area transit changes
MARKETING
Maintain outreach efforts with communities
Build TRACS “brand” with logo development and marketing materials
Create image for human service transportation other than as a generic, “welfare” service
Establish partnership with municipalities and major employers

Following a brief question and answer period, the Commissioners received the plan as prepared and presented by Wilbur Smith Associates for the Wake County Coordinated Transportation Service.
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MOVE PUBLIC HEALTH REGIONAL SURVEILLANCE TEAM
INCLUDING 3.0 FTE POSITIONS TO WAKE COUNTY

In 2002, the State established seven Public Health Regional Surveillance Teams (PHRSTs) using the federal CDC Bioterrorism Cooperative Grant. The PHRSTs are designed to build and support local public health capacity to prepare for and respond to public health emergencies in coordination with local, regional, state and federal resources. Their responsibilities include: 1) preparedness for public health emergencies (consultation, technical assistance, training and exercises); 2) response, recovery and long-term follow-up after public-health emergencies; and 3) mitigation of public health emergencies, including post-event evaluation.

These PHRSTs are a State resource with a regional focus. Each of the seven regional PHRSTs is housed within a local health department; Wake County is part of a ten-county region whose PHRST has been located in Durham County. However, the State has requested that Wake County Human Services now host this region’s PHRST for the following reasons:
The PHRST currently has five staff members in Durham County. If the PHRST is relocated to Wake County, three of the positions would need to be filled by additional FTEs in Human Services. These would be the environmental epidemiologist, the pharmacist and the program assistant positions. The two remaining positions, the MD epidemiologist and the nurse epidemiologist, would be filled through a County contract with the UNC School of Medicine.

This initiative is grant funded under a 5-year federal cooperative agreement that passes through the State to the County. These funds were reallocated in September 2005 for an additional 5 years. The budgeted amount includes salaries and fringe benefits for all staff plus operational dollars, including travel expenses. The amount allocated is based on experience with the seven NC teams over the past three years. There is no match required from the County.

Space to meet the needs for this team will be identified by General Services Administration. There is no intent for the County to continue this initiative past the end of grant funding.

Upon motion of Chairman Bryan, seconded by Commissioner Ward, the Board unanimously approved the State’s request to relocate a Public Health Regional Surveillance Team to Wake County Human Services; the establishment of 3.0 FTE positions and the acceptance of the staff currently in those positions; and the acceptance of $363,899 in recurring State funds with the approval of the appropriate budget revision.
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REQUEST TO ACCEPT STATE FUNDING
FOR HIV COUNSELING AND TESTING AND
ESTABLISHMENT OF AN ADDITIONAL 0.5 FTE POSITION

Wake County has the State’s second highest number of identified HIV cases, following Mecklenburg County. Also, Human Services identified 108 new cases in the first half of 2005.

To increase HIV counseling and testing services for the “hard to reach” populations of substance users, Wake County Human Services (WCHS) has received an additional $18,000 from the North Carolina Department of Health and Human Services (DHHS).

The County’s current allocation is $58,000, which funds 1.5 FTEs who provide HIV testing at the Alcoholism and Treatment Center (ATC) and The Healing Place. These sites test approximately 350-400 individuals per year in total and are open only to program participants.

The additional $18,000 would fully fund an additional 0.5 FTE Human Services Case Manager to offer testing at a third community drug treatment program (the Ceiba Counseling Center). This third location would allow WCHS to reach drug users, their sexual partners and individuals in the “drug use network” (other drug users who they might have infected with HIV). The additional 0.5 FTE will be abolished after June 2006 unless additional state funds are received. This state funding does not require a county match. Any minimal operating costs associated with the additional 0.5 FTE will be covered by current budget.

Upon motion of Commissioner Ward, seconded by Commissioner Webb, the Board unanimously approved the acceptance of an additional $18,000 in State funding for HIV testing, the establishment of an additional 0.5 FTE, and approval of the appropriate budget revision.
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ACCEPT FUNDING FROM THE JOHN REX ENDOWMENT FOR THE
HEALTHY SMILES PROGRAM

The John Rex Endowment is a nonprofit organization supporting efforts to improve the health of low-income children in Wake County. The Endowment has granted $416,336 over the next 3 years to the Dental Health Program of Wake County Human Services (WCHS) to maintain services for Wake County families, assessing dental needs, providing preventive and educational opportunities, and assuring access to quality dental care. Of this, $159,806 will be received in the current fiscal year for the period October 1, 2005 thru June 30, 2006. However, the FY06 budget will only increase by $44,521 because part of the funds will replace revenue that was anticipated but not received.

Smart Start funding was reduced for fiscal year 2006 to a three-month allocation with expectation that the John Rex Endowment was taking on full funding of the program. The funds will be used solely for the purpose to decrease tooth decay and untreated disease in children entering Kindergarten and increase oral health education and prevention among families of high-risk pre-school children in homes, pre-school settings, and at community sites.

Maintaining the two FTE dental Hygienists with the awarded funding will allow WCHS to maintain a critical program for improving health outcomes for young children at high risk for disease. The positions will be abolished after the grant ends in June 2008 if there is not renewed grant funding. No county funding is required.

Upon motion of Commissioner Ward, seconded by Commissioner Gardner, the Board unanimously approved the acceptance of funding from the John Rex Endowment and the approval of the appropriate budget revision for the Healthy Smiles Program.
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ACCEPT MEDICAID FUNDING FOR PERINATAL SUBSTANCE ABUSE PROGRAM’S
BABY FIRST ADVOCACY INTERVENTION

Since 2002, the Baby First Partnership Project has been a community collaboration between Human Services’ Perinatal Substance Abuse Program and 1) the Governor’s Institute on Substance Abuse Services; 2) Healthy Mothers Healthy Babies Coalition of Wake County; and 3) Innovation Research and Training.

The Partnership has worked to prevent Fetal Alcohol Syndrome/Fetal Alcohol Effects (FAS/FAE) in Wake County births, because FAS/FAE can cause premature, low-weight births and can lead to learning disabilities, Attention Deficit Hyperactivity, Oppositional Defiant Disorder, Conduct Disorders and Autistic Disorders.

To prevent FAS/FAE, Wake County Human Services’ Baby First Advocacy Intervention has worked directly providing pre-pregnancy and prenatal education and support to women most at risk of prenatal alcohol use. The predicted outcomes for the Advocacy Intervention were that clients would:
The Intervention’s two FTEs have been grant funded, but the grant ends this September. As general practice, these FTEs should be abolished. However, since all enrolled clients are Medicaid eligible, Human Services requests permission to keep the two FTEs and to fund their salaries and benefits ($50,840) with Medicaid revenue. No County funding would be required, since current program operating revenues can absorb any minimal operating expenses.

Upon motion of Commissioner Jeffreys, seconded by Commissioner Ward, the Board unanimously approved the request to maintain two FTE’s whose grant funding will end in September 2005, and approval of the appropriate budget revision to allow for Medicaid draw-down for the Perinatal Substance Abuse Program’s Baby First Advocacy Intervention.
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WAKE COUNTY BOARD OF EDUCATION REQUEST
FOR REALLOCATION OF PLAN 2000 SAVINGS

The Wake County Board of Education has requested $4,389,520 to be reallocated from Plan 2000 projects for use in Plan 2000 Program Contingency and for two specific projects: East Cary Middle and Heritage Middle. These funds represent cost savings from Plan 2000 projects, which are complete. Funds for East Cary Middle will replace funds that were previously identified as cost savings that have not been realized. Funds for Heritage Middle will address additional items needed to complete the original scope of work for the project.

Upon motion of Commissioner Ward, seconded by Commissioner Gardner, the Board unanimously adopted a resolution approving the request from the Board of Education for reallocation of Plan 2000 savings.
RESOLUTION
REALLOCATE FUNDS FOR PLAN 2000 SCHOOL CAPITAL 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 identified savings from specific Plan 2000 Projects; and

WHEREAS, the Wake County Board of Education has duly requested, through a resolution adopted August 9, 2005, that the Board of Commissioners approve the reallocation of $4,389,520 from completed Plan 2000 projects to Program Contingency, East Cary Middle, and Heritage Middle.

NOW, THEREFORE, BE IT RESOLVED that the Wake County Board of Commissioners hereby reallocates funds as follows: Adopted this the 19th day of September 2005.

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BLUE RIBBON COMMITTEE ON
INFRASTRUCTURE INVESTMENT FOR WAKE COUNTY

The Greater Raleigh Chamber of Commerce has agreed to work with Wake County and the Wake County Mayor’s Association to establish a countywide committee to inventory infrastructure needs and funding requirements and strategies for the next 20 years.

Specifically, it is envisioned that the Committee will:

It is anticipated that the Board of Commissioners will make the appointments to the Blue Ribbon Committee; and that the Committee will include numerous stakeholders, and provide for public input forums during the process. Further, it is anticipated that the Greater Raleigh Chamber of Commerce and the County will fund the expenses of the Committee.

Upon motion of Commissioner Ward, seconded by Commissioner Gardner, the Board unanimously approved the establishment of a Blue Ribbon Committee on Infrastructure Investment for Wake County, with the charge, composition and budget to be considered at a Board of Commissioners’ meeting in October 2005.
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APPOINTMENTS TO ADVISORY BOARDS

Following nominations and upon motion of Commissioner Gardner, seconded by Commissioner Gurley, the Board approved the following appointments:

a. Wake County Adult Care Home Community Advisory Committee

b. Wake County Council on Fitness and Health
c. Human Services Board


d. Greater Raleigh Convention and Visitors Bureau

e. Garner Board of Adjustment
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CLOSED SESSION

Commissioner Ward made a motion to go into closed session 1) to consider matters regarding location or expansion of a business in the County, and 2) to consider acquisition of approximately nine acres of land from Wakefield Commercial Development for library purposes. The motion was seconded by Commissioner Gardner and was unanimously approved.

Following the business in closed session, Chairman Bryan called the meeting back into regular session.
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PURCHASE OF PROPERTY
NORTHEAST REGIONAL LIBRARY

Upon motion of Commissioner Ward, seconded by Commissioner Gardner, the Board unanimously authorized staff to proceed with the acquisition of the following property for the development of the Northeast Regional Library and authorized the County Manager to execute a contract on behalf of Wake County for the purchase of the property as described below, subject to terms and conditions acceptable to the County Attorney:
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There being no further business to come before the Board at this time, Chairman Bryan adjourned the meeting at 7:55 p.m., upon the motion of Commissioner Ward, seconded by Commissioner Gurley and the unanimous vote of the Board.
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Respectfully submitted:

Gwen Reynolds, CMC
Clerk to the Board