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    Minutes of 10-04-04 Board of Commissioners Meeting (adopted)
WAKE COUNTY BOARD OF COMMISSIONERS
MINUTES
October 4, 2004
The Wake County Board of Commissioners met in regular session Monday, October 4, 2004, at 2:00 p.m. in the Commissioners’ Meeting Room, 7th Floor, Wake County Courthouse, Raleigh, North Carolina. Members present were Commissioners Joe Bryan, Herbert H. Council, Tony Gurley, Phil Jeffreys, Harold H. Webb and Chairman Kenneth M. Gardner. Commissioner Betty Lou Ward was absent

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

Chairman Gardner called the meeting to order.
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PLEDGE OF ALLEGIANCE

Chairman Gardner recognized Boy Scouts Aaron Dixon of Troop #11 and Alex Pierce of Troop #318 to lead the audience in the Pledge of Allegiance.
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INVOCATION

Commissioner Webb offered the invocation.

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APPROVAL OF AGENDA

Upon motion of Commissioner Council, seconded by Commissioner Webb, the Board unanimously approved the agenda as amended, with the addition of East Wake Education Foundation letter and the removal of the item, “Property Acquisition for Special/Optional School” from the consent agenda to be considered separately.
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APPROVAL OF MINUTES

Upon motion of Commissioner Council, seconded by Commissioner Jeffreys, the Board unanimously approved the minutes of September 14, 2004 and, as amended September 20, 2004.
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STATUS REPORT ON ENDING HOMELESSNESS TEN-YEAR ACTION PLAN

At the December 1, 2003 Board of Commissioners’ meeting, the Board authorized the County staff to work in partnership with the City of Raleigh and the Wake Continuum of Care to put together a plan to end homelessness in Raleigh and Wake County in the next ten years. The Commissioners received a status report in June and today, Mr. Scott Cutler, Co-chair of the Ending Homelessness Ten-Year Action Plan Steering Committee, presented an update on the Plan.

Mr. Cutler reported that the first draft of a working document with recommendations has been completed. The Plan focuses on prevention and looks at better ways to interface with the City, Chamber of Commerce, Housing Authorities, other communities and agencies, and information technology for case management. It was noted that the plan also looks at children, particularly as they age out of foster care. A public forum has been scheduled for October 7, 2004, at the Holy Trinity Church to review, provide an opportunity for input and to begin the process of prioritizing the recommendations. The final recommendations with costs will be presented in January 2005, when the ten-year timeframe begins.

The update on the Ending Homelessness Ten-Year Action Plan was received as presented.
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APPROVAL (2nd reading) OF THE NORTH STATE MEDICAL TRANSPORT
REQUEST FOR CONVALESCENT TRANSPORT AMBULANCE FRANCHISE REQUEST

North State Medical Transport of Knightdale, North Carolina, is requesting the issuance of an ambulance franchise for operation of a non-emergency convalescent-care medical transport service pursuant to the provisions of Chapter 2-7, Article III of the Wake County Code of Ordinances. Award of a convalescent ambulance franchise represents permission to deliver non-emergency ambulance transportation services, and does not involve County subsidies or payments.

At the September 20, 2004 Board of Commissioners’ meeting, the Board unanimously approved the application from North State Medical Transport for a franchise to operate a private convalescent transport service in Wake County. State law requires that a franchise be approved at two regular meetings before it may be finally adopted, and it is being brought back to the Board of Commissioners for a second vote.

Upon motion of Commissioner Bryan, seconded by Commissioner Gurley, the Board unanimously approved the issuance of an ambulance franchise for non-emergency convalescent care ambulance service to North State Medical Transport, Knightdale, North Carolina, subject to approval by the County Manager based on a finding of compliance by the Director of the Emergency Services Division of the Department of Public Safety with Chapter 2-7, Article III, Wake County Code of Ordinances and all applicable State statutes and regulations.
ORDINANCE GRANTING FRANCHISE
TO NORTH STATE MEDICAL TRANSPORT
FOR OPERATION OF A CONVALESCENT CARE AMBULANCE SERVICE

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CONVEYANCE OF A SLOPE AND DRAINAGE EASEMENT ON
COUNTY OWNED PROPERTY TO “POINTE AT DAVIS DRIVE LLC”

In October 1998, the Board of Commissioners approved a partnership with the Board of Education to purchase 65 acres in Apex at the intersection of Old Jenks Road and Davis Drive for a new elementary and middle school campus. As a part of the partnership, Wake County contributed $200,000 toward the acquisition of the property and as a part of the Community School Parks Program, agreed to contribute an additional $250,000 toward the construction of school park facilities on this site. The construction of Salem Elementary School and park facilities were completed in the fall of 2002 and the Middle School was completed in the fall of 2003.

An approximate 12-acre portion of the 65-acre site consists of a farm pond used for irrigating the ball fields and acreage adjacent to the pond. The County has constructed the parking area shown on the plan but no other improvements have been completed. These 12-acres had no potential use for future school facilities so the Board of Education conveyed the 12 acres to the County for the continued development as a part of the school park facilities.

Wake County has received a request from Pointe At Davis Drive LLC for the conveyance of a permanent slope and drainage easement on County property. Pointe At Davis Drive is proposing to develop Davis Drive Village containing approximately 15,700 square feet of retail and restaurant space on the adjoining 2.59 acres. As a part of their development plan, Pointe At Davis Drive is requesting approval to place fill material and a stormwater retention pond outlet on the adjoining County-owned property. Pointe At Davis Drive has offered as compensation to the County for the easement rights to construct at no cost to the County the approximate 2,500 linear feet of walking trail around the pond. The trail would be asphalt and constructed to County standards.

County staff has reviewed the proposal and is of the opinion that the construction of this asphalt-walking trail by Pointe At Davis Drive equates to full, fair and equitable consideration for these easements. It will be necessary for the County to enter into a contract with Pointe At Davis Drive to set forth the terms and conditions relating to the conveyance of these easements and the construction of a trail on County-owned property.

Upon motion of Commissioner Council, seconded by Commissioner Jeffreys, the Board unanimously approved 1) the conveyance of a slope easement on approximately 17,000 square feet, a drainage easement on approximately 600 square feet and adjoining temporary construction easements to Pointe At Davis Drive LLC; 2) approved entering into a contract with Pointe At Davis Drive LLC for the conveyance of the above described easements and the construction of approximately 2,500 linear feet of 8-foot wide asphalt walking trail on County-owned property, subject to terms and conditions acceptable to the County Attorney; and 3) that the County Manager be authorized to execute the contract on behalf of Wake County.
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BUDGET AMENDMENT TO THE WORKFORCE DEVELOPMENT
PROJECT ORDINANCE

The Wake and Johnston County Boards of Commissioners created the Capital Area Workforce 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 Capital Area Workforce Development Consortium is requesting the incorporation of the following funding authorizations to the Workforce Development Ordinance totaling $102,000:

1) NFA #34-00061 authorizing $50,000 in Program Year 2004 Workforce Investment Act Statewide Activities Incentive Grant funding. These funds represent a special funding award of $25,000 for each of the two re-chartered JobLink Career Centers in Wake County and Johnston County. 2) NFA #34-00062 authorizing $2,000 in Program Year 2003 Workforce Investment Act Statewide Capacity Building funds and $50,000 in Program Year 2004 Workforce Investment Act Statewide Local Area Accountability funding, with the $2,000 to be used for dues to support the ongoing capacity building efforts of the North Carolina Workforce Development Board of Directors Council and $50,000 to fund the Accountability Specialist position required for this local area.

Upon motion of Commissioner Webb, seconded by Commissioner Bryan, the Board unanimously accepted the proposed Workforce Development funding in the amount of $102,000 to the Workforce Development Project Ordinance, with the appropriate budget revision to increase appropriations in the Workforce Development Special Revenue fund.
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APPROVAL OF TAX REPORT

Upon motion of Commissioner Gurley, seconded by Commissioner Jeffreys, the Board accepted and unanimously approved the tax reports as follows:

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

Pursuant to Section 115C-426 of the North Carolina General Statutes, the Wake County Board of Commissioners is responsible for approving the purchase of property by the Wake County Public School System. At its August 17, 2004 meeting, the Board of Education approved a resolution to purchase approximately 7.7 acres of land known as the Hedingham Oaks Office Complex, 4700 New Bern Avenue in Raleigh, with a total purchase price of $3.2 million. The site includes two buildings, one of which is 32,560 square feet and will be renovated to house the special/optional school. The other building is 9,254 square feet and the plans for this building include assessment space for audiology, speech impairments and learning disabilities. Wake County Public Schools staff estimate the allocation of the purchase price to be $770,000 for land and $2,430,000 for improvements. The land portion would be paid from the land acquisition funds in Plan 2000, with the balance paid from the funds designated for the special/optional school.

The Board of Commissioners received a report on this request at its September 20, 2004 meeting, and there were no outstanding questions.

In response to questions raised by Commissioners about the status of property ownership with the School System, the County Manager reported on a recent meeting of County and School staff to look at that issue, which will require legislative changes, along with the issues of joint use agreements, disposition of school property, and size of school sites. The Commissioners also discussed school capacity, student growth, the status of Plan 2000 and 2004, and strategies for the future including consideration of a bond referendum sooner than anticipated.

Following the discussion Commissioner Gurley moved approval of the Board of Education’s request to purchase property for a Special/Optional School.
RESOLUTION R-04-40
APPROVING PROPERTY ACQUISITION FOR SPECIAL/OPTIONAL SCHOOL

Adopted this the 4TH day of October 2004.
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PUBLIC HEARING
ORDINANCE AMENDMENT OA/04/05 TO AMEND THE WAKE COUNTY
SUBDIVISION ORDINANCE TO CHANGE THE MANNER IN WHICH CUL DE SAC
LENGTH IS MEASURED
Chairman Gardner announced a public hearing to consider an amendment to the Wake County Subdivision Ordinance to change the manner in which cul de sac length is measured, duly advertised as provided by statute for Monday, October 4, 2004, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.

Mr. Keith Lankford, Planner, Wake County Planning Department, was recognized to comment on the proposed amendment. He stated that typically the limit for cul de sac length is 900 feet, but it varies depending upon the zoning district. He noted that within a sixteen-month period (January 2003 and April 2004) the Planning Board has received and approved thirty-one requests for variances from the Subdivision Ordinance’s maximum allowable cul de sac length. The Planning Board has not declined any variance requests of this nature because all such applications were found to comply with the required variance justification provisions. The variances ranged from 200 feet to 5,945 feet with an average length of 1,618 feet.

Currently, the Subdivision Ordinance measures the length of a cul de sac street from the center of the cul de sac bulb back to the midpoint of the closest intersection with a through street. The proposed ordinance amendment would measure the length of the cul de sac from the midpoint of the cul de sac bulb to the midpoint of the closest intersecting street, whether or not that street is a through street. This amendment would eliminate many of the variance requests and create an ordinance that is a better fit to the historical development patterns in Wake County.

Chairman Gardner declared the public hearing open and announced that persons desiring to comment on the proposed amendment would be heard at this time.

There were no comments in support of or in opposition to the amendment.

Chairman Gardner declared the hearing closed and the Board received the recommendations of the Planning Board and Planning Staff.

Mr. Mason Williams, Chairman of the Wake County Planning Board, reported that the Planning Board met August 4, 2004, and voted unanimously to recommend that the Board of Commissioners approve the amendment as presented.

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

Thereafter, Chairman Gardner called for action by the Board of Commissioners.

At this time, Commissioner Council proposed a friendly amendment to the Planning Board and staff recommendation as presented, that the cul de sac length limit be changed from 900 linear feet to 2,500 linear feet to align with NC Department of Transportation road design requirements.

Following discussion, Commissioner Council moved adoption of the amendment to the Wake County Subdivision Ordinance to change the manner in which cul de sac length is measured, changing the cul de sac lengths from 900 linear feet to not-to-exceed 2,500 linear feet from the nearest through road. The motion was seconded by Commissioner Webb and was unanimously approved.
A RESOLUTION
INTRODUCING AN ORDINANCE AMENDING
THE WAKE COUNTY SUBDIVISION ORDINANCE
TO CHANGE THE MANNER IN WHICH CUL DE SAC LENGTH IS MEASURED

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ORDINANCE O-04-05
AMENDING THE WAKE COUNTY SUBDIVISION ORDINANCE
TO CHANGE THE MANNER IN WHICH CUL DE SAC LENGTH IS MEASURED
SECTION I

PART II of the Wake County Code of Ordinances (Subdivision Ordinance), Chapter 3-4
(9) Cul-de-Sac Roads
SECTION II

This amendment shall become effective immediately upon its adoption.
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PUBLIC HEARING
ORDINANCE AMENDMENT TO AMEND THE WAKE COUNTY
SUBDIVISION ORDINANCE TO ELIMINATE THE REQUIREMENT THAT
PROPERTY LINES MUST HAVE A MINIMUM RADIUS OF 25 FEET AT INTERSECTIONS
AND TO ADD A REQUIREMENT THAT THE EDGE OF PAVEMENT AT INTERSECTIONS
MUST HAVE A 25-FOOT RADIUS

Chairman Gardner announced a public hearing to consider an amendment to the Wake County Subdivision Ordinance to eliminate the requirement that property lines must have a minimum radius of 25 feet at intersections and to add a requirement that the edge of pavement at intersections must have a 25-foot radius, duly advertised as provided by statute for Monday, October 4, 2004, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.

Mr. Keith Lankford, Planner, Wake County Planning Department, was recognized to comment on the proposed amendment. He stated that the proposed amendment will delete the requirement for a 25-foot minimum radius for property lines and add a requirement for a 25-foot radius for the edge of pavement at street intersections (with a comparable modification for private roads). The current ordinance provision is problematic for a substantial number of parcels in Wake County that have only 50 to 60 feet of road frontage, and cannot physically comply with this requirement. Under the current regulations all of these tracts would be required to go through the variance process when they are subdivided. The variance process will add unnecessary time and monetary expense to subdivision approvals without providing any public safety benefit. The proposed ordinance amendment will eliminate the need for a variance for these tracts.

Chairman Gardner declared the public hearing open and announced that persons desiring to comment on the proposed amendment would be heard at this time.

There were no comments in support of or in opposition to the amendment.

Chairman Gardner declared the hearing closed and called for recommendations from the Planning Board and Planning staff.

Mr. Mason Williams, Chairman of the Wake County Planning Board, reported that the Planning Board met August 4, 2004 and by unanimous recommended that the Board of Commissioners approve the proposed ordinance amendment as presented.

Mr. Lankford reported that Planning staff recommend that the Board of Commissioners adopt the proposed ordinance amendment as presented.

Thereafter, Chairman Gardner invited action by the Board.

Upon motion of Commissioner Bryan, seconded by Commissioner Jeffreys, the Board unanimously approved the adoption of an amendment to the Wake County Subdivision Ordinance to eliminate the requirement that property lines must have a minimum radius of 25 feet at intersections, and to add a requirement that the edge of pavement at intersections must have a 25-foot radius.
A RESOLUTION INTRODUCING
AN ORDINANCE AMENDING
THE WAKE COUNTY SUBDIVISION ORDINANCE
TO ELIMINATE THE REQUIREMENT THAT PROPERTY LINES (i.e., Rights-of-Way)
MUST HAVE A MINIMUM RADIUS OF 25 FEET AT INTERSECTIONS,
SECTION II


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PUBLIC COMMENT

The Wake County Board of Commissioners desires to hear from the public about the operation and services of Wake County Government. It is for that reason a time has been set aside at each regular meeting for public comment.

Chairman Gardner recognized:

1. Ms. Charlotte Turpin, 405 Weathergreen Drive, Raleigh – Wake NCAE
(Extended invitation to the Commissioners to participate in American Education Week November 14-20, 2004. Elected officials are being asked to spend the entire school day in a classroom on Thursday, November 18.) There were no other requests to appear before the Board. Chairman Gardner declared the public comment portion of the meeting closed.
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PUBLIC HEARING
WAKE COUNTY HAZARD MITIGATION PLAN

Chairman Gardner announced a public hearing to receive comments on the County’s Hazard Mitigation Plan, duly advertised as provided by statute for Monday, October 4, 2004, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.

Mr. Keith Lankford, Planner, Wake County Planning Department, was recognized to comment on the Plan. He stated that federal and state law requires that every county and municipality develop, adopt and implement a hazard mitigation plan in order to be eligible for post-disaster public assistance funds following a future natural hazard event. These funds help communities recover from disasters by paying for a significant portion of the cost of clean up and restoration of public services. The primary objective of the plan is to develop mitigation strategies that will minimize human casualties and property damage that may result from the occurrence of a natural hazard event.

Wake County’s plan was developed over the course of the last year in accordance with the format and content requirements of the Federal Emergency Management Agency and North Carolina Department of Crime Control and Public Safety’s Division of Emergency Management. It is a five-year plan and strategies are geared toward floodplain areas. The Plan outlines the different types of hazards based on the likelihood of occurrence and the potential areas that would be affected.

Chairman Gardner declared the public hearing open and called for comments.

There were no comments offered.

Chairman Gardner then declared the hearing closed and called for the Planning Board and Planning staff recommendations.

Mr. Mason Williams, Chairman of the Wake County Planning Board, reported that the Planning Board met August 18, 2004 and again on September 15, 2004, to receive public comment. The Planning Board recommends that the Board of Commissioners approve the Plan
as presented.

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

The Board of Commissioners will consider adoption of the plan at its October 18, 2004 meeting.

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PUBLIC HEARING
HARTSFIELD-PERRY FARM HISTORIC LANDMARK DESIGNATION

Chairman Gardner announced a public hearing on the Hartsfield-Perry Farm Historic Landmark designation, duly advertised as provided by statute for Monday, October 4, 2004, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.

Mr. Gary Roth of Capital Area Preservation was recognized to comment on the proposed designation. He stated that the property is located in the Rolesville vicinity, at 8401 Mitchell Mill Road, approximately 22.66 acres. The Board viewed slides of the Main House along with a full compliment of domestic and agricultural outbuildings. The landmark boundary includes enough land to retain historic and architectural integrity in an agricultural landscape. Designating and protecting the historic element of the property is the last step in protecting almost 180 acres. The property was listed on the National Register of Historic Places in January 2003.

Chairman Gardner declared the public hearing open and announced that persons who would like to comment would be heard at this time.

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

The Chairman then declared the hearing closed and called for the recommendation of the Historic Preservation Commission.

Mr. Roth reported that the Wake County Historic Preservation Commission met August 10, 2004 and recommends approval of the Hartsfield-Perry Farm historic landmark designation.

Thereafter, Chairman Gardner invited action by the Board.

Upon motion of Commissioner Jeffreys, seconded by Commissioner Webb, the Board unanimously adopted an ordinance designating the Hartsfield-Perry Farm a historic landmark.
AN ORDINANCE
DESIGNATING THE HARTSFIELD-PERRY FARM
IN THE PLANNING JURISDICTION OF WAKE COUNTY, NORTH CAROLINA
A HISTORIC LANDMARK

Cannady-Brogden Farm at 8401 Mitchell Mill Road, (Wake County PIN #1778979836),
approximately 22 acres of what was previously a much larger tract of property.

Dating from circa 1984, the Hartsfield-Perry Farm is a rare unique intact example of a rural
Wake County farm complex, including a dozen intact complimentary farm buildings
documenting the traditional functions of a Wake County family farm.

Section 5. All owners of the property hereinabove described, whose identity and addresses can be ascertained by the exercise of due
Section 9. Any violation of this ordinance shall be unlawful as by law provided.
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FOUR-YEAR GRANT AWARD FROM THE
DEPARTMENT OF PUBLIC INSTRUCTION TO CREATE
21ST CENTURY COMMUNITY LEARNING CENTERS

Wake County has been awarded a four-year federally funded grant from the Department of Public Instruction to create 21st Century Community Learning Centers. The project targets students in grades k-8 attending Garner Elementary and Middle Schools, who are not achieving grade level on end of grade reading and math tests. The project will establish a minimum of three community-based sites and will serve 400 students and their families. All contracts will go to community partners who will assist in the design and be responsible for delivery of direct services to these families. Wake County Human Services will employ a Project Director who will provide leadership to the program and partnership development, curriculum alignment, evaluation and reporting. The employee will be provided space in the Cooperative Extension Office.

The award is $398,752 for each of the first two years and is reduced by 20 percent and 40 percent in years three and four. The County will not supplement the funding reduction in funding in years three and four. Instead the program will be reduced in those years and this will be reflected in the contracts that will be created with the partner agencies that will be involved in the project.

Ms. Mary Urzi of Human Services commented on the program, and Ms. Catherine Williams of 4-H Services introduced partner agencies attending today’s meeting: Harvest of Hope Network Ministries, El Pueblo, Cooperative Extension 4-H Youth Development, Mary E. Wilson Foundation, Diversified Resources for Better Living, Raleigh Worshipping Church and the First Baptist Church of Garner.

Upon motion of Commissioner Council, seconded by Commissioner Webb, the Board unanimously approved the 21st Century Community Learning Centers grant award; approved the appropriation of the additional $398,752 for fiscal year 2005; and approved the establishment of one new position to serve as Project Director for 21st Century Community Learning Centers.
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INTERLOCAL AGREEMENTS
FOR SUPPORT OF 800 MHz RADIO AND
COMPUTER-ASSISTED DISPATCH SYSTEM MANAGEMENT AND MAINTENANCE

All components of the 800 MHz/Computer Assisted Dispatch (CAD) systems—including electronic interfaces with the CAD system, and trunked radio service for ire and EMS agencies—were fully activated on September 28, 2004. The municipalities that will share use of the 800 MHz radio system, the CAD system, or both, have agreed that it is essential that all users agree formally on how the systems will be managed and, as necessary, for determining how system maintenance costs will be shared. That agreement is embodied in interlocal agreement documents that establish a management framework and a cost-sharing mechanism.

Wake County’s share of maintenance costs for fiscal year 2005 is $791,603 which is included in the FY 2005 budget; municipal users’ shares total $238,772 for fiscal year 2005. Remaining fiscal year costs of $29,745 will be shared among other users, including Triangle Transit Authority and Alcohol Beverage Control.

Upon motion of Commissioner Bryan, seconded by Commissioner Council, the Board unanimously authorized the County Manager to enter into interlocal agreements with the Towns of Apex, Fuquay-Varina, Garner, Holly Springs, Knightdale, Morrisville, Rolesville, Wake Forest, Wendell and Zebulon for management and maintenance of Wake County 800 MHz radio and/or computer-aided dispatch (CAD) systems. (Negotiations with the City of Raleigh in connection with CAD and communications services have been completed, and the process to bring those agreements before Raleigh’s City Council for approve is under way.)

Commissioner Gurley brought to the Board’s attention and suggested that some time in the future the County may want to search out Citizen Emergency Response Teams, a program that has been successful in some areas. Volunteers are trained to respond to emergencies and work through emergency management departments.

(Copies of the Interlocal Agreements, as presented, are made a part of the record and file maintained by the Clerk to the Board.)
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NAME CHANGE FOR THE WAKE COUNTY ANIMAL SHELTER

Since the first day Wake County housed a stray animal so that it could be reunited with its owner, the program has been referred to as Wake County Animal Control. However, over the years the Shelter has grown to become much more diverse in its services. Wake County Animal Control currently includes, but is not limited to, the pick up of stray and owner surrendered animals; the confiscation of evicted animals and animals related to criminal activities and quarantine of bite animals; the management of the Wake County Animal Shelter including its receiving of stray and owner surrendered animals from the public, the shelter and feeding of lost, stray and abandoned animals, and the adoption of unwanted animals.

The current name of Wake County Animal Control does not properly portray the services provided by Wake County Government related to this field. The three main areas of focus have been identified for inclusion in the new name: animal care, animal control and animal adoption. The new proposed name is Wake County Animal Care, Control and Adoption Center.

Upon motion of Commissioner Webb, seconded by Commissioner Jeffreys, the Board unanimously approved the name change for Wake County Animal Control to Wake County Animal Care, Control and Adoption Center.
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ACCEPTANCE OF FY2004 STATE HOMELAND SECURITY GRANT

The State Homeland Security Grant Program created by the US Department of Homeland Security, is designed to improve domestic terrorism preparedness through the purchase of equipment for first responders, as well as to providing funding to train and exercise local responders for chemical, biological, radiological, nuclear, and explosive incidents.

The North Carolina Department of Crime Control and Public Safety, Division of Emergency Management has advised Wake County that it is eligible for a grant of $1,214,787 from the Department of Homeland Security fiscal year 2004 State Homeland Security Grant Program.

Wake County’s State Homeland Security Grant Program fund award is structured as follows: Purchase items from a pre-established equipment list ($768,000); develop and conduct training programs ($114,787); develop and carry out “tabletop” and field exercises ($332,000).

Wake County Public Safety’s Division of Emergency Management will supervise all grant activities, including budget, procurement of equipment, contract agreements with outside agencies and companies, coordination of exercises, establishment of training programs and general administrative requirements. This grant award requires no matching funds from Wake County.

Upon motion of Commissioner Council, seconded by Commissioner Gurley, the Board unanimously approved the acceptance of fiscal year 2004 State Homeland Security grant award of $1,214,787 and authorized the County Manager to execute the grant memorandum of agreement and Annex B to the memorandum of agreement.
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AMENDMENT TO NOISE ORDINANCE

The Public Safety Committee of the Board of Commissioners has met to examine the need for amendments to the Noise Ordinance to address the problem of excessively loud noise from automobile and residential sound systems. The Committee also reviewed the standard necessary to prove a violation of the ordinance.

Commissioner Webb highlighted the recommended changes to the ordinance. He then moved approval of the amendments to the Wake County Noise Ordinance, as presented. The motion was seconded by Commissioner Jeffreys and was unanimously approved.
ORDINANCE AMENDING NOISE ORDINANCE

Article III of Chapter 2-9 of the Wake County Code of Ordinances is amended as follows:

Section 1. Section 2-9-37 is amended to delete the definition of “Sound-magnifying device” and to substitute therefore the following:

“Sound-magnifying Device. Any device or machine for the amplification of the human voice, music or any other sound. “Sound magnifying device” shall not include factory-installed automobile radios when used and heard only by occupants of the vehicle in which the device was installed; warning devices on police, fire, ambulance or other emergency vehicles emergency vehicles or vehicles used solely for traffic safety purposes; or horns or steam whistles which are used for purposes authorized by sections 2-9-41(a) and (e) respectively.”

Section 2. Section 2-9-38 is amended to read as follows:

“Sec.2-9-38

(a) It shall be unlawful for any person to cause or allow the emission of any unreasonable loud, disturbing and unnecessary noise in the county. Specifically, it shall be unlawful to create or emit noise of such character, intensity or duration as to be detrimental to the health of any individual or that is above the sound emission decibel limits set forth herein.

(b) It shall be unlawful to play any radio, music player, television, audio system or musical instrument in such a manner or at such volume as to annoy or disturb quiet, comfort or repose of neighboring inhabitants or at a volume which is plainly audible to persons other than those who are in the premises in which such device or instrument is played and who are voluntary listeners thereto.

(c) Except for organized events which have received any type of permit required in conjunction with the event, it shall be unlawful to play any radio, music player, television or audio system upon a public right of way or upon other public property in such a manner or at such a volume as to disturb the quiet, comfort or repose of other persons.”

Section 3. There is added a new section 2-9-38.1, to read as follows:

“Sec.2-9-38.1 No person shall play any radio, music player or audio system in a motor vehicle at such volume as to disturb the quiet, comfort or repose of other persons or at a volume which is plainly audible to persons other than the occupants of said vehicle.”

Section 4. There is added a new section 2-9-38.2 to read as follows:

“Sec. 2-9-38.2

(a) No sound magnifying device mounted on a vehicle shall be operated between the hours of 8:00 p.m. and 10:00 a.m. or at any time within five hundred (500) feet of any school, church or hospital in such a manner or at a volume which is plainly audible to persons other than the occupants of said vehicle.

(b) no sound magnifying device mounted on a vehicle shall be operated on a Sunday; provided that any such device may be operated in substitution for a band as part of a parade held after 1:00 p.m. on Sunday under the auspices of any organization authorized to hold such a parade, if the permit issued for such parade so indicates.

(c) The provisions of this Article do not apply to sound magnify devices mounted on emergency vehicles owned and controlled by any governmental entity or to private ambulances which are engaged in responding to emergency calls.”

Section 5. Section 2-9-42 is amended to read as follows:

“Sec. 2-9-42. The complaints of two (2) or more persons, at least one of whom resides in a different home from the other complaining person or persons, or the complaint of a duly authorized investigating person, shall be prima facie evidence that such sound is unreasonably loud, disturbing, and annoying or unnecessary noise. Sound emission decibel measurements shall not be required for establishment of a prima facie case.”

Sec. 6. This ordinance is effective upon enactment.

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APPOINTMENTS

Following nominations and upon motion of Commissioner Council, seconded by Commissioner Jeffreys, the Board unanimously approved the following appointments:

a. Wake County Human Services Board

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COMMITTEE REPORTS

Chairman Gardner announced that there were no committee reports.
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OTHER BUSINESS

Letter from East Wake Education Foundation

Commissioner Bryan brought to the Board’s attention a letter from the East Wake Education Foundation concerning termination of funding by Wake County Smart Start for the Foundation’s early childhood initiative. He commented briefly and moved that staff be directed to look at ways/action strategies to continue to provide assistance to this community-based group, to also look at whether there is a service gap occurring because of the funding cuts, and that the item be placed on the October 18, 2004 meeting agenda. The motion was seconded by Commissioner Jeffreys and was unanimously approved.

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There being no further business to come before the Board at this time, Chairman Gardner adjourned the meeting at approximately 5:10 p.m., upon the motion of Commissioner Council, seconded by Commissioner Webb and the unanimous vote of the Board.
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Respectfully submitted:

Gwen Reynolds
Clerk to the Board
Wake County Commissioners