2006, at 2:00 p.m. in the Commissioners’ Room, 7th Floor, Wake County Courthouse,
Raleigh, North Carolina. Members present were Commissioners Joe Bryan; Herbert
H. Council; Kenn M. Gardner; Tony Gurley; Phil Jeffreys; Betty Lou Ward; and Harold Webb.
Others attending were the County Manager, Mr. David C. Cooke; the County Attorney,
Mr. Michael R. Ferrell; and the Clerk to the Board, Mrs. Susan Banks.
Chairman Gurley called the meeting to order.
PROCLAMATION RECOGNIZING SEPTEMBER 2006 AS
ALCOHOL AND DRUG ADDICTION RECOVERY MONTH
IN WAKE COUNTY
Upon motion by Commissioner Betty Lou Ward, seconded by Commissioner Harold Webb, the Board unanimously voted to adopt the Proclamation recognizing September 2006 as Alcohol and Drug Addition Recovery Month in Wake County.
FROM EAST CAROLINA MEDICAL TRANSPORT
WHEREAS, Chapter 2-7, Article III of the Wake County Code of Ordinances authorizes the grant of such a franchise by the Wake County Board of Commissioners; and
WHEREAS, East Carolina Medical Transport’s franchise request has been reviewed and given preliminary approval by the Director of the Division of Emergency Medical Services of Wake County’s Department of Public Safety; and
WHEREAS, issuance of the requested franchise will take place only upon recommendation of such issuance by the Director of the Division of Emergency Medical Services to the County Manager;
NOW, THEREFORE, BE IT ORDAINED, THAT East Carolina Medical Transport be granted a franchise of five years’ duration for the delivery of convalescent care ambulance transport service in Wake County, North Carolina, PROVIDED that such franchise be issued by the County Manager only upon a finding of compliance with the provisions of Chapter 2-7, Article III of the Wake County Code of Ordinances and all other applicable State statutes and regulations governing such ambulances services on the part of East Carolina Medical Transport by the Director of the Emergency Medical Services Division of Wake County’s Department of Public Safety, a copy of which finding shall be maintained in the permanent files of the Clerk to the Board, and, PROVIDED FURTHER, that if East Carolina Medical Transport does not offer the services authorized by this Ordinance, or discontinues the services authorized by this Ordinance during the life of the franchise, then, upon sixty (60) days’ notice by Wake County, the franchise authorized herein shall be declared null and void.
ADOPTED this the 5th day of September, 2006.
Tony Gurley, Chairman
Wake County Board of Commissioners
Susan J. Banks, Clerk
AWARD OF CONTRACT FOR $585,829 TO PERFORM DEMOLITION AND
ASBESTOS ABATEMENT WORK ON THE 8TH FLOOR OF THE COURTHOUSE
LAND ACQUISITION FOR A NEW ELEMENTARY SCHOOL IN NORTHWEST RALEIGH
1) Authorize the Board of Education to purchase 33.909 acres of land in northeast Raleigh at a cost of $103,215 per acre totaling $3,499,917 for an elementary school (E-24) and future City of Raleigh neighborhood park; it is understood that excess acreage remaining after planning for the proposed elementary school (projected to be 11-15 acres of surplus) will be declared surplus and sold to the City of Raleigh a price not to exceed $103,215 per acre.
2) Authorize staff to finalize an Inter-Local Agreement for approval by the Board of Education, Board of Commissioners and Raleigh City Council that describes the parties’ intent for the subdivision and development of the property to allow for an elementary school and City of Raleigh neighborhood park. It is tentatively contemplated that the division would include approximately 16-20 acres for the school and 11-15 acres for the park. Upon completion and approval of the Inter-Local Agreement. The City of Raleigh would pay an amount not to exceed $103,215 per acre for a mutually agreed upon amount of land. Proceeds form that purchase by the City will be placed back into the Plan 2004 long-range school building program for future land acquisition. The respective tracts will be separately titled between the City of Raleigh and the Board of Education.
3) Upon execution of the Inter-Local Agreement by all parties, the Board of Commissioners authorizes payment to the City of Raleigh $200,000 towards acquisition of the parcel to be used as a neighborhood park and $250,000 to the Board of Education for infrastructure to support development of a future neighborhood park on this property.
WHEREAS, the Wake County Board of Education has duly requested, through a resolution adopted February 7, 2006, that the Board of Commissioners approve the acquisition of land for an elementary school in northwest Raleigh (E-24).
NOW, THEREFORE, BE IT RESOLVED that the Wake County Board of Commissioners hereby authorizes the following:
§ The Board of Education acquire 33.91 acres of land, (including properties Pin # 0778851532, Pin # 0778952390 and Pin # 0778851024) in northwest Raleigh at a price of $103,215 per acre estimated to total $3,500,000 for an elementary school (E- 24); and other mutually agreeable public uses.
§ Authorize staff to finalize an Inter-Local Agreement for approval by the Board of Education, Board of Commissioners and City of Raleigh for master planning and the division of the property into two tracts; the division shall be based upon a master plan jointly prepared by the County, School System and City of Raleigh; It is tentatively contemplated that the division would include approximately 18-22 acres for an elementary school and 11-15 acres for a City Park. The City of Raleigh will pay the Board of Education a mutually agreed upon price not to exceed $103,215 for the City portion. The tracts will be separately titled between the City of Raleigh and Board of Education after approval of the master plan by the two Boards and City Council.
Adopted this the 5th day of September, 2006.
REAPPOINTMENT OF TWO ANIMAL CRUELTY INVESTIGATORS
FOR A ONE YEAR TERM
CONTINUATION OF PUBLIC HEARING ON PETITION ZP-858-06
PROPOSAL TO REZONE 1.55 ACRES FROM RESIDENTIAL-30 TO
CONDITIONAL USE-GENERAL BUSINESS
Ms. Susan Jacobson stated her home was behind the proposed rezoning. She introduced three additional homeowners who came forward with her. They were all Highland Creek neighbors. She said there was a letter presented at the last meeting signed by all of the homeowners in this neighborhood. She said they were told that this property was not for sale when they bought their homes. Had this lot been available they would have purchased the property. She stated the intersection was at a 45 degree angle. There are lots of uses on this zoning list that could make this site problematic and drainage may also be an issue. Ms. Jameson said the property was zoned residential when they purchased their property so they were not concerned about the possible uses. The neighbors requested the Board consider denying the rezoning request.
Mr. Paul Brewer, 2613 Wingate Court, spoke in support of the rezoning and stated he was available for questions. Mr. Brewer was asked if he had been contacted by the Department of Transportation about re-aligning the intersection. Mr. Brewer stated he had not been contacted by the Department of Transportation.
Chairman Gurley asked if anyone else wished to speak in this hearing. There were no additional comments. Chairman Gurley closed the public hearing.
Mr. Morgan stated the uses that are included in R-30 zoning. This is a straight rezoning case and meets the Land Use Plan. Planning Staff and the Planning Board recommended approval of the rezoning request.
Upon motion by Commissioner Betty Lou Ward, seconded by Commissioner Kenn Gardner, the Board voted five to two to deny the rezoning request. Commissioners in support of the motion were: Joe Bryan, Tony Gurley, Betty Lou Ward, Phil Jeffreys and Kenn Gardner.
Commissioners opposed to the motion were: Herb Council and Harold Webb.
PUBLIC HEARING ON REQUEST FOR AMENDMENT OF CONSTRUCTION AND
DEMOLITION DEBRIS LANDFILL FRANCHISE FOR SHOTWELL LANDFILL, INC.
Mr. Jim Reynolds, Wake County Solid Waste Director, reported there are five other C&D landfills in Wake County. Johnston has a C&D landfill located four miles from Smithfield. The need for an additional C&D landfill in Wake County was questioned. Mr. Reynolds said that the competition is among private C&D landfills. Mr. Chris Snow, Director of Parks and Recreation stated that once filled this landfill could be open space as part of the Marks Creek open space plan. If this property The Board discussed the need, the location and the future open space plans for this property if used for this expansion. Chairman Gurley opened the public hearing.
Ms. Betty Brandt Williamson spoke in opposition to the expansion of the landfill. She stated that the attorney had previously stated this area was not in the national historical registry but it was registered. She asked about the plans for the Marks Creek area to be the “Hope Diamond” of the open space plans. This was a high priority property and is adjacent to her property. She spoke of her father Bailey Williamson who farmed this land and how he would see this expansion. She asked the Board to deny the expansion of this landfill.
Mr. Henry Campon stated that the landfill would not developmentally impact this area becoming open space. The expansion was for 67 acre tract. He said if this land was not used for a landfill, then it would eventually be developed as a residential subdivision which would not support the open space plan. Of the 135 acres, 40 acres would forever be open space. To the north, there would be no development within 15 years. Most of the development would be in the southern tract. There is a church on the Williamson property but they did not expect this to have an impact on the older church. This plan would also include the groundwater being monitored by the State. He stated that neighborhood meetings were held without opposition. Chairman Gurley closed the public hearing.
Commissioner Herb Council motioned, seconded by Commissioner Jeffreys, to approve the franchise expansion request. Discussion continued by the Board. It was noted that there were conflicting policies between the open space and open to development. However, the policies that are in place take away the Board of Commissioners’ authority in this request. There would be a 120 ton per day limit on the original landfill. In August 2003, there was a request to raise the tonnage and in November 2003, the applicant requested the tonnage be raised to 250 tons per day and to increase the service area. Now it is being expanding to take in an additional county’s debris and being considered a regional landfill. This was not consistent with the county’s plans. It is now being discussed that this landfill will take 55 years to fill up and be closed. Commissioner Gardner requested the Board deny the application for an amendment to the franchise.
Chairman Gurley called for a vote on the motion. The motion passed with a four to three vote. Commissioners in favor of the motion were Phil Jeffreys, Harold Webb, Herb Council, and Betty Lou Ward. Commissioners opposed to the motion were: Joe Bryan, Kenn Gardner and Tony Gurley.
LANDFILL, INC. FOR OPERATION OF A CONSTRUCTION AND DEMOLITION
WHEREAS, the existing franchise allows the Shotwell C&D Landfill to service five townships within Wake County some abutting the Johnston County line;
WHEREAS, to accommodate the growing construction in and around Wake County, including public construction, Shotwell Landfill, Inc. wishes to expand its service area to include all of Wake and Johnston Counties;
WHEREAS, it is in the best interests of Wake County that the area served by the Shotwell C&D Landfill and the landfill footprint be expanded to accommodate the growing construction activity in our area so long as that expansion complies with Wake County Zoning regulations and North Carolina environmental regulations; and
WHEREAS, on July 11, 2006, the Wake County Board of Adjustment granted Shotwell Landfill, Inc., application to modify its special use permit to expand the Shotwell C&D Landfill as shown on Exhibit A.
NOW, THEREFORE, BE IT ORDAINED THAT:
Section 1. The franchise to operate a C&D landfill previously issued to Shotwell Landfill, Inc. is reissued on the following terms.
Section 2. The franchise shall be for operation of a C&D landfill in the expanded area outlined in the facility plan drawing attached as Exhibit A;
Section 3. The geographic area and population to be served shall be all of Wake and Johnston Counties and the population therein which is currently estimated to number approximately 900,000. Over the extended life of the Shotwell C&D Landfill as proposed, the population of these two counties is expected to nearly doubt to 1,700,000.
Section 4. The volume and characteristics of the waste stream to be accepted at the Shotwell C&D Landfill shall be as currently permitted, that is 91,250 tons per year of waste materials having the characteristics of items permitted in demolition landfills, as defined in 15A NCAC 13B.0101 (4).
Section 5. The useful life of the Shotwell C&D Landfill with the expanded footprint for which a franchise is granted herein is projected to be 55.8 years estimated from May 2006.
Section 6. Shotwell Landfill, Inc. shall provide documentation reasonably required by the County to ascertain compliance with the terms of the franchise as amended.
Section 7. This ordinance is effective upon its second reading by the Wake County Board of Commissioners.
WHEREAS, G.S. §153A-136 provides that a county may grant a franchise to one or more persons for the disposal of solid wastes in a county; and,
WHEREAS, G.S. §130A- 294(b1)(3) requires any applicant for a sanitary landfill permit, prior to applying for such permit from the State of North Carolina, to obtain from each local government having jurisdiction over any part of the proposed sanitary landfill a franchise for operation of same; and,
WHEREAS, construction debris (C&D) landfills, defined as facilities for the disposal of solid waste resulting solely from construction, remodeling, repair, or demolition operations on pavement, buildings, or other structures, but not including inert debris, land-clearing debris or yard debris, are classified by the North Carolina Department of Environment, Health & Natural Resources as sanitary landfills; and,
WHEREAS, the Wake County Zoning Code provides that landfills, including C&D landfills are allowable, as special uses, in any zoning district in the County; and,
WHEREAS, the Wake County Zoning Code has specific and stringent requirements which must be met prior to the approval of a special use permit for a C&D landfill, among them that the proposed use will not materially endanger the public health or safety of the county’s citizens and that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and,
WHEREAS, the Wake County Zoning Code provides that the Board of Adjustment is the entity responsible for issuing special use permits for landfills; and,
WHEREAS, the Board of Adjustment is required to hold a hearing which is open to the public prior to the approval of an application for a special use permit for a landfill; and,
WHEREAS, operational issues regarding C&D landfills are controlled by the provisions of the Rules of the North Carolina Department of Environment, Health & Natural Resources and the Wake County Zoning Code; and,
WHEREAS, once a special use permit is granted for a C&D landfill the granting of a franchise to operate such a landfill is controlled by the provisions of the special use permit; and,
WHEREAS, because of the rapid building and development in Wake County there is a continual need for C&D landfills in the County, and;
WHEREAS, G.S. §130A- 294(b1)(3) requires that certain information be contained in every franchise granted for a sanitary landfill.
NOW THEREFORE BE IT ORDAINED,
Section 1. For purposes of this ordinance a construction debris (C&D) landfills is defined as a facility for the disposal of solid waste resulting solely from construction, remodeling, repair, or demolition operations on pavement, buildings, or other structures, but not including inert debris, land-clearing debris or yard debris.
Section 2. Every operator of a C&D landfill in Wake County must obtain a franchise from the Wake County Board of Commissioners. A franchise shall be issued upon the presentation of the following information to the County:
The name and address of the applicant and owner of the proposed site.
The trade or other fictitious names, if any, under which the applicant does business, along with a certified copy of and assumed name certificate stating such name or articles of incorporation stating such name.
3. A legal description and a map of the property proposed to be included in the C&D landfill;
4. A statement of the population to be served by the C&D landfill, including a description of the geographic area;
5. A description of the volume and characteristics of the waste stream;
6. A projection of the useful life of the C&D landfill; and
7. Evidence that the Wake County Board of Adjustment has granted a special use permit for the proposed C&D landfill.
Section 3. Upon issuance, the franchise document shall contain a statement of the population to be served by the C&D landfill, including a description of the geographic area; a description of the volume and characteristics of the waste stream; and, a projection of the useful life of the C&D landfill.
Section 4. The Board of County Commissioners, pursuant to G.S. §130A- 294(b1)(2), may hold a public hearing for the purpose on notifying the public of the intent to issue a franchise for a C&D landfill if the board determines that sufficient public interest exists in the proposed C&D landfill to warrant a public hearing. If the Board, in its sole discretion, determines that a public hearing should be held, the county shall schedule a time and place for said hearing.
A notice of such hearing shall be, at the expense of the applicant, published at least once in a newspaper of general circulation not less than thirty (30) days prior to the date established for the hearing. Notice of the hearing must also be posted on the property, at a place visible to all public roads adjacent to the proposed site. The notice shall be reasonably calculated to inform the public of the location, date, time and purpose of the hearing. The applicant shall provide an affidavit to the county not less than ten (10) days before the date of the hearing that the required notice has been posted.
Section 5. This ordinance shall be effective upon enactment and shall apply to all C&D landfills for which a special use has been issued within eight months of the effective date.
Dan Brubaker spoke about the Western Wake Sewage facility and stated that the citizens were excluded in the process. There is a Policy and Technical Committee and requested the Board of Commissioners appoint a representative to this committee.
Bob Kelly, also from NewHill, said there was originally 29 sites which were narrowed to 12 sites. This site is beside two churches and playgrounds. He said they are fighting this project.
Benny Hill asked that the County get involved in the New Hill project.
CONSIDERATION OF COMMUNITY CAPITAL FUNDING FOR HOSPICE OF WAKE COUNTY
Ms. Tyndall stated that the request for this year was for $2 million for construction of a 38,000 square foot facility with fourteen beds. They were awarded the certificate of need on August 24th. She explained the need for the facility. The groundbreaking for the facility is planned for July 2007. They have already received $3.7 million in cash and pledges and donation of land for the facility worth $1.2 million.
Upon motion by Commissioner Joe Bryan, seconded by Commissioner Harold Webb, the Board of Commissioners unanimously voted to approve the request to allocate $2 million of Capital Funding for Hospice of Wake County and authorize the County Manager to enter into a Memorandum of Agreement with Hospice of Wake County.
FRANKLIN COUNTY AND WAKE COUNTY LINE RESOLUTION
Upon motion by Commissioner Harold Webb, seconded by Commissioner Betty Lou Ward, the Board of Commissioners unanimously voted to approve the request that the State and County Boundaries Surveyor with the North Carolina Geodetic Survey locate the Franklin County and Wake County line in accordance with the 1992 line located on United States Geological Survey maps with the exception of locating four disputed lots in the Richland Hills subdivision.
ACQUISITION OF OPEN SPACE TRACT IN PARTNERSHIP
WITH TOWN OF WAKE FOREST
On behalf of Wake Forest, The Trust for Public Land has made a grant request and after November, Wake Forest expects to receive an additional $417,900 which will be split with the County. After the grant funds are received, the net contribution from Wake County and the County would be reimbursed $131,860.
Upon motion by Commissioner Betty Lou Ward, seconded by Commissioner Kenn Gardner, the Board of Commissioners unanimously voted to authorize the County Manager to execute the County’s Standard Open Space Partnership Agreement with the Town of Wake Forest for Wake County to provide $340,810 for the acquisition of 68.12 acres of Open Space, with the Town reimbursing $208,950 to the County after receiving the Clean Water Management Trust Fund grant. Terms and conditions of said agreement are to be acceptable by the County Attorney.
ACCEPTANCE OF DEDICATION OF ADDITIONAL OPEN SPACE ALONG SWIFT CREEK
AND GRANTING OF DRAINAGE/SLOPE EASEMENTS
Commissioner Jeffreys said he wanted to see the easements before voting to approve this request.
Upon motion by Commissioner Gardner, seconded by Commissioner Webb, the Board of Commissioners voted to approve six to one to 1) accept the dedication of an additional 1.462 acres of open space along Swift Creek; 2) authorize publication of the required 10 day notice to exchange public property; 3) authorize the execution of documents necessary to transfer drainage and slope easements according to the attached plat; and 4) authorize the execution of documents to accept the proposed realignment of Parkland Grove Boulevard and placement of the easements. Commissioners in favor of the motion were: Bryan, Council, Gardner, Gurley, Webb and Ward. Commissioner Jeffreys opposed the motion.
ADDITIONAL STAFF FOR THE WOMEN, INFANTS AND CHILDREN’S PROGRAM
Upon motion by Commissioner Webb, seconded by Commissioner Ward, the Board of Commissioners unanimously voted to approve establishment of 3.5 fulltime equivalent positions for the WIC program to be funded with State funds already included in the FY 2007 budget.
APPOINTMENTS TO BOARDS AND COMMITTEES
Commissioner Ward nominated the following applicants with terms to expire 9/30/07:
Pamela Wills Gibbs
B. Historic Preservation Commission
Commissioner Ward nominated Stephanie Penland and Peggy Beach.
Commissioner Bryan nominated William Klotz.
Commissioner Jeffreys nominated John McDougall.
Commissioner Gurley nominated Nathan Jenkins.
Chairman Gurley called for a vote on each nominee.
Commissioner Jeffreys voted for Peggy Beach and John McDougall.
Commissioner Gardner voted for Peggy Beach and William Klotz.
Commissioner Ward voted for Peggy Beach and Stephanie Penland.
Commissioner Bryan voted for Peggy Beach and William Klotz.
Commissioner Council voted for Peggy Beach and Stephanie Penland.
Commissioner Webb voted for Peggy Beach and Nathan Jenkins.
Commissioner Gurley voted for Peggy Beach and William Klotz.
Peggy Beach and William Klotz were nominated to fill terms which expire 01/12/08.
Upon motion by Commissioner Kenn Gardner, seconded by Commissioner Phil Jeffreys,
the Board voted unanimously to accept the nominations and votes.
Susan J. Banks, CMC
Clerk to the Board
Wake County Board of Commissioners