WAKE COUNTY BOARD OF COMMISSIONERS
Regular Meeting 2:00 p.m., August 16, 2010
Room 700, Wake County Courthouse
Members present: Joe Bryan, Lindy Brown, Paul Coble, Stan Norwalk, Harold H. Webb and Acting Chair Betty Lou Ward
Others attending: David C. Cooke, County Manager, Susan J. Banks, Clerk to the Board, Scott Warren, County Attorney; Denise Hogan, Deputy Clerk; and Deputy Managers Joe Durham and Johnna Rogers.
Absent: Tony Gurley, Chairman
Meeting Called to Order: Vice Chair Betty Lou Ward
Pledge of Allegiance
Invocation: Vice Chair Betty Lou Ward
Items of Business
Approval of Agenda
Paul Coble motioned, seconded by Lindy Brown, to approve the agenda and the motion passed unanimously.
Approval of the Minutes of the Commissioners’ Regular Meeting held August 2 and Work Session on August 9, 2010
Paul Coble motioned, seconded by Lindy Brown, to approve the Minutes of the Commissioners’ Regular Meeting held August 2 and Work Session on August 9, 2010. The motion passed unanimously.
Retiree Recognition
Mr. David Cooke announced that six employees would be retiring September 1, 2010. He recognized Mr. James Black, Senior Equipment Operator (31 years of service); Ms. Jean Blackman, Senior Accounting Technician (25 years of service); Mr. Richard "Rick" Wagoner, Jr., Environmental Health Supervisor (27 years of service); Ms. Patricia "Pat" Wall, Accounting Technician (33 years of service); Ms. Judith "Ann" Baker, Nursing Supervisor (31 years of service); and Ms. Gaye Styron, Human Services Program Manager (41 years of service).
1 Mr. Cooke presented each employee with a plaque commemorative of their service to Wake County.
Consent Agenda
Paul Coble motioned, seconded by Stan Norwalk, to approve the Consent Agenda. The motion passed unanimously.
Certification and Appropriation for Wake County's Public, Educational, and Governmental (PEG) Channels
Paul Coble motioned, seconded by Stan Norwalk, to approve the certification of Wake County's Public, Educational and Government (PEG) Channels as Channel 10 (P), Channel 18 (E) and Channel 11 (G); and appropriate $70,100 in additional State revenue to be used for expenses related to the production of PEG channel programming. The motion passed unanimously.
STATE OF NORTH CAROLINA
COUNTY OF WAKE MEMORANDUM OF AGREEMENT
This Memorandum of Agreement entered into as of the 22nd day of June 2010, by and between the County of Wake (County) and Cooperating Raleigh Colleges (CRC), for the purposes of setting forth certain information required by Wake County as a condition of providing funding.
Term of Agreement: July 1, 2010 through June 30, 2011
Amount Payable: Up to $28,000
Method of Payments: Quarterly, following distributions from the North Carolina Department of Revenue (NC DOR) to be paid to Cooperating Raleigh Colleges within 30 days of the County’s receipts of those funds.
Description of Services: Cooperating Raleigh Colleges (CRC) is a 501(c)(3) nonprofit incorporated in Wake County, comprised of NC State University, Meredith College, Peace College, St. Augustine’s College, and Shaw University. As part of its mission to carry out collaborative programs through the member colleges, CRC serves as the PEG CHANNEL OPERATOR for Education Channel 18 serving citizens of Wake County who subscribe to cable television services provided by Time Warner Cable. A PEG
2 channel is a public, educational, or governmental access channel provided to a county or a city (N.C.G.S. §66-350).
As a PEG channel operator, CRC provides the production facilities and produces and gathers the educational programming for delivery to Time Warner Cable subscribers in Wake County. Channel 18 operates as a non-commercial public access channel for 24 hours a day, 365 days a year with less than 15% of every 8 hours devoted to character-generated programming and does not repeat more than 15% of any content from another PEG Channel provided to the County.
The County of Wake is the one government entity that is the CERTIFIER of Channel 18 in Wake County.
The County certifies that Channel 18 provides residents of Wake County with public access educational programming in accordance with the above criteria as revised Aug. 2, 2008 by the North Carolina General Assembly in S.L. 2008-148.
As the certifying entity for Channel 18, Wake County will forward the certification form, also signed by an authorized CRC representative, with the information required by N.C.G.S. §105- 164.44J(b) to the North Carolina Department of Revenue (NCDOR) by July 15, 2010.
Wake County shall allocate any supplemental PEG channel support funds distributed to it by NCDOR equally among each of the qualifying PEG channels it certifies, estimated to be $28,000.00 per channel in FY 2010. The County will allocate the proceeds it receives for Channel 18, up to $28,000.00, to Cooperating Raleigh Colleges (CRC) within 30 days of the County’s receipt of those funds, as described in the “Method of Payment” section above. Wake County is obligated to remit funding to CRC in accordance with N.C. G.S. 105-164.44J(c) only to the extent that funding is actually received by Wake County from NCDOR.. In the event that Wake County does not receive the estimated funding from NCDOR or receives less than the estimated amount of funding from NCDOR for qualifying PEG channels, then and in that event, the County is not obligated to remit the difference to Cooperating Raleigh Colleges (CRC).
Reporting: CRC will provide quarterly reports to the County to demonstrate that Channel 18 is meeting the following programming requirements as outlined in Session Law 2008-148:
It delivers at least eight (8) hours of scheduled programming a day.
3 It delivers at least six (6) hours and 45 minutes of schedules, non-character-generated programming a day. Its programming content does not repeat more then fifteen percent (15%) of the programming content on any other PEG channel provided to the same county or city.
COUNTY OF WAKE:
P.O. Box 550
Raleigh, North Carolina 27602
BY: ______Date: ______
David C. Cooke, County Manager
COOPERATING RALEIGH COLLEGES c/o Meredith College
Carroll Hall 106
3800 Hillsborough Street
Raleigh, North Carolina 27607
BY: ______Date:______
Maureen A. Hartford, President
Cooperating Raleigh Colleges’ Board of Directors
Accept $48,116 in Federal Funding for the Emergency Management Performance Grant (EMPG) from the State of North Carolina
Paul Coble motioned, seconded by Stan Norwalk, to accept and appropriate the North Carolina Crime Control and Public Safety Supplemental Emergency Management Performance Grant in the amount of $48,116, to be placed in the
4 County’s Grants and Donations fund and authorize the County Manager to sign the accompanying Memorandum of Agreement. The motion passed unanimously.
Appropriation of Funds Provided by the Capital Regional Advisory Committee (CapRAC) for the Purchase of a Trailer and Equipment
Paul Coble motioned, seconded by Stan Norwalk, to authorize appropriation of funding in the amount of $82,000 for the purchase of an enclosed trailer and equipment to be used for the Regional Ambulance Strike Team Project. The motion passed unanimously.
Conveyance of Temporary Construction and Utility and Pipeline Easements to the Town of Cary
Paul Coble motioned, seconded by Stan Norwalk, to approve the conveyance to the Town of Cary the following easements located upon County-owned property identified as Tax ID# 0269868 for the Beaver Creek Gravity Sewer Project, subject to terms and conditions acceptable to the County Attorney: 1) An approximate 0.181 acre Temporary Construction Easement, and 2) An approximate 0.272 acre Permanent Utility and Pipeline Easement. The motion passed unanimously.
Request to Authorize Financial Services Director, Budget and Management Services Directors, Financial Services Managers, as well as Fiscal and Policy Analyst positions within Finance to Sign the Preaudit Certificate on Contracts as required by NCGS 159-28 (a).
Paul Coble motioned, seconded by Stan Norwalk, to authorize the Financial Services Director, Budget and Management Services Directors, Financial Services Managers, as well as Fiscal and Policy Analyst positions with Finance to sign the County’s preaudit certificate as required by NC General Statutes. The motion passed unanimously.
Approval of Affordable Housing Loan Document Cancellation
Paul Coble motioned, seconded by Stan Norwalk, to approve the cancellation of the Deed of Trust and Promissory Note for American Dream Down payment Initiative loans to Gennine Gilchrist on December 30, 2010, and Pamela Stallings on May 9, 2013; subject to terms and conditions acceptable to the County Attorney. The motion passed unanimously.
Regular Agenda
5 Public Hearing and Approval of the Rural Operating Assistance Program (ROAP) Grant Request
Mr. Don Willis, Transportation Program Manager, Wake County Human Services, asked the Board of Commissioners to approve the Rural Operating Assistance Program (ROAP) Grant of $856,631. He said this request is for acceptance of the grant funds from the North Carolina Department of Transportation. He said that the grant has been reviewed by the Wake County Transportation Advisory Board and they have recommended the approval of the grant.
Commissioner Bryan asked about Wake County's comprehensive transportation plan and the funds received for matching services like Capital Area Transit (CAT) and Triangle Transit. He asked how Wake County Transportation Services is maximizing and improving services.
Mr. Willis said that the cost per trip remains less than $29 which is comparably less than other providers in the Wake County area. If bus services are not available, gas vouchers are offered. Wake County has a contract with the Town of Cary’s C-Tran which creates savings for this area.
Commissioner Bryan said that transportation has been an issue for clients needing to get to scheduled appointments. He asked how much service would need to be delivered in order to meet 100% of service needs provided with the proposed grant funding.
Mr. Willis said that the TRACS program has 60 slots and those slots book up in about 30 minutes at the beginning of each day. He said the demand is great.
Commissioner Norwalk asked if the services are only offered to citizens in Wake County. Mr. Willis said explained the funding and services as related to Wake County’s geographic area including elderly and disabled services. Mr. Willis said citizens do need to live in Wake County, but the Town of Cary and the City of Raleigh urban areas have their own service provider. Cary and the City of Raleigh already have funding for these areas. Commissioner Norwalk asked about services for citizens in Knightdale and Morrisville. Mr. Willis said that these areas are served.
State Funds Local Funds Total
EDTAP $ 344,359 $ 0 $ 344,359
EMP $ 195,407 $ 0 $ 195,407
TRACS $ 316,865 $ 35,208 * $ 352,073
6 Total $ 856,631 $ 35,208 * $ 891,839
*The Local Matching requirement for TRACS totaling $35,208 is funded through a blend of rider fees (fare box) and town contributions.
Betty Lou Ward, Vice-chair opened the public hearing No one came forward to speak Betty Lou Ward closed the public hearing
Paul Coble motioned, seconded by Lindy Brown, to hold a Public Hearing and approve the Rural Operating Assistance Program (ROAP) Grant Request. The motion passed unanimously.
Public Hearing Renaming a Portion of Falls of Neuse Road (SR 2000) as Keith Store Road
Mr. David Hunt, GIS Analyst, Wake County Community Services, said the request is to rename a portion of Falls of Neuse Road (SR 2000) as Keith Store Road, effective September 1, 2010. He said that the North Carolina General Statute requires that the Wake County Board of Commissioners holds a public hearing when renaming roads that are dedicated to the public and not within a city.
Mr. Hunt shared a map of the area to be changed. He said the North Carolina Department of Transportation (DOT) has realigned two parts of the roadway for bypass changes. NC 98 Highway (Durham Highway) and Falls of Neuse Roads have undergone changes. The NCDOT has been working on a bypass near this area and it is expected to open within the next 30 days.
Wake County staff has recommended renaming the 12900 and 13000 blocks of Falls of Neuse Road from its intersection with Garden Hill Drive to Old NC 98 of Falls of Neuse Road for the past several decades, as Keith Store Road. He said Keith Store and the gas station is located at the end of the road and is a well known landmark.
To promote public safety, Wake County pursues a policy of preventing and eliminating duplicate road names. Staff assigns unique road names when a road configuration creates diverging street segments of the same road name.
Mr. Hunt said that the separated sections of Falls of Neuse Road are connected by an unnamed 400 foot right-of-way that is located inside Raleigh’s corporate limits. The City of Raleigh Planning Department has agreed to use the Keith Store Road name for this connecting right-of-way.
7 Mr. Hunt said that a notice of public hearing was placed in the newspaper, along two sections of roadway to be renamed, and notice was posted in the Wake County Courthouse.
Commissioner Coble asked if property owners were notified of the change. Mr. Hunt said that 11 homeowners were contacted by letter but no feedback was received.
Commissioner Bryan asked about the naming and whether it was named after the family since the name of the store is Keith’s store. Mr. Hunt said "Keith" is the name of the property owner and in Wake County they avoid using possessive apostrophes when naming roads. Mr. Hunt indicated the process is consistent with namings that have been requested in the past.
Commissioner Brown asked when action similar to this has occurred in the past. Mr. Hunt indicated it had been some time since a road renaming request had been done.
Vice-Chair Ward opened the public hearing.
Mr. Will Warren, Wakefield Baptist Church, said that the church owns 17 acres on the 13000 block of Falls of Neuse Road. He asked if additional names were considered other than Keith Store Road. Mr. Hunt said that Keith Store had been there for years and the name was proposed at a DOT community meeting years ago.
Mr. Warren suggested the naming of this section of road be Wakefield Church Road. He indicated that he had just received the letter announcing the public hearing and was not sure of the process for making comments. Mr. Hunt said that the original letters of intent were mailed to taxpayers in June 2010. Mr. Hunt said that the renaming as Old NC 98 would require the notification of many homeowners. Mr. Warren noted there was a problem with signage in finding the church. Mr. Hunt indicated the signage of the road could be addressed with the City of Raleigh. Commissioner Ward suggested that Mr. Warren contact the City of Raleigh about the signage issue.
Vice-Chair Ward closed the public hearing.
Commissioner Brown suggested Mr. Warren speak with staff about this issue. Vice Chair Ward asked that Mr. Warren leave his contact information with the county manager.
Commissioner Bryan asked if Keith Road would cause confusion with Public Safety since there is a Keith Road in Knightdale. He asked if adding the word “store” would cause confusion. Commissioner Bryan indicated there are road names such as Keith Hill and Keith already in existence. Mr. Hunt said that
8 GIS requires that the road name words not be similar and adding the word "store" makes this road name unique. Commissioner Bryan asked about the procedure of notifying homeowners. Mr. Hunt said homeowners were notified in advance and asked to contact GIS with concern or to provide feedback.
Vice Chair Ward asked about the renaming and whether consideration was given for similar names. Mr. Hunt said that staff suggested the store name because the store was so well known locally. Mr. Hunt said that a resolution was passed in the 1990s for road naming procedures. The historical value of the store was also considered. Mr. Hunt said that geographic prospective was considered in this case and the store has been there for decades. Mr. Hunt said there would be eight homes, one church, and one business affected by the name change.
Commissioner Coble expressed his concern that "Wakefield" may be a common name used since that community is nearby.
Vice Chair Ward asked to delay action on this item and instructed staff to explore additional possibilities for the road name.
Accept $164,575 in State Funding from the North Carolina State Energy Office for the Creation of Two Energy Fellows (Time Limited Temporary Positions)
Mr. Matt Roylance, Environmental Services Manager, said that in March 2010, staff from the Environmental Services, General Services, and Facilities Design and Construction Departments jointly applied for a grant from the North Carolina Department of Commerce Energy Division (also known as the State Energy Office). The purpose of the grant is to provide a green energy related internship or fellowship program for current college students or recent graduates. Wake County proposed to hire two recent college graduates to work full time until the grant expires on April 30, 2012. The positions will analyze and report energy usage in county buildings. Mr. Roylance asked the Board of Commissioners to accept and appropriate $164,575 in grant funding for the NC Department of Commerce Energy Division, and create two time-limited temporary positions.
Commissioner Norwalk asked if the college graduates would be trained in this area. Mr. Roylance said that a recruitment process would occur for the positions where their qualifications would be considered. Commissioner Norwalk asked what these college graduates would be reporting. Mr. Roylance indicated that the graduates would develop recommendations for energy guidelines.
Commissioner Coble asked what else would be covered with the grant funding besides the salaries of the college students noting the grant amount was large
9 for two internships’ funding. Mr. Roylance said that office supplies, mileage, and benefits would also be paid with the grant funding. Mr. Roylance said the request for the grant was awarded later than expected, so the jobs would last 18 months. He indicated that Wake County Human Resources was consulted and the rate of pay is based on graduates from an Engineering field of work.
Commissioner Coble said that he would like to know the scope of work for energy purposes, and he expressed his concern over the money being spent toward the jobs. He said that the grant is wasteful spending of stimulus money.
Mr. Cooke said that this project would result in a report and recommendation back to the users of the facilities. This work is being performed on a routine basis already. An organized way of reporting the information back to the users of the facilities will be helpful.
Mr. Roylance said a higher level of analysis would be performed rather than just paying the bill. Mr. Roylance said that a usage pattern could be drawn from the analysis. Commissioner Norwalk asked about the saving of energy.
Commissioner Brown asked about the college degree being required in order to be hired and who would supervise the interns. Mr. Roylance said that the positions would be graduate students and Wake County staff would supervise them. Commissioner Brown said she has reservations about the supervision of the positions by salaried staff and the uses of the stimulus money.
Mr. Cooke said that the jobs are geared to the design of energy. Mr. Roylance said they are internship positions with required duties outlined by the Department of Commerce.
Commissioner Bryan noted that sustainability and energy savings are an admirable goal. He suggested gathering more information about planned outcomes of the positions and the salary requirements.
Commissioner Norwalk said that suggested major energy savings in the schools would be beneficial. He suggested hearing the opinion of Mr. Phil Stout, Facilities Design and Construction.
Vice Chair Ward asked what would be the consequence of delaying the decision. Mr. Roylance said it would delay the hiring of the interns.
By consensus of the Board of Commissioners, staff was instructed to gather more information about the positions and the budget for this program and bring this item back to the board at the September 7, 2010 meeting.
Public Comments:
10
Mr. Kent Goddard said that he has lived in Wake County since 1953. He said that he has received services from Wake County Mental Health services since 1970. In 1977, Dr. Morton Meltzer started providing Mental Health Services to him in Wake County and still practices. He said it is his desire for Mental Health services to improve in Wake County. He has been working on raising funds for the "Walk for Hope" that helps mental health patients. The funds go to UNC hospital for those patients with mental illnesses. He said that he has raised $1,000 for the cause.
Mr. Marty Graff, 6570 Bakersfield Drive in Swift Creek Township, said that he wanted to address the board about the floodplain ordinance. He just completed a front porch room addition on his home. He has been required to provide a survey for impervious surface prior to beginning the addition. The ordinance requires an "as built" survey on completion. He said this is a terrible waste of money and is unnecessary to have to do both. He said their survey showed they were using 7% impervious surface on their lot and with the addition it would be a total of 7.04 % impervious surface. The requirement in the Swift Creek area is 12% so he has about a 4% margin. He said that inspectors came to his property to make sure he was in compliance, and then the county tax assessor measured the addition. He said most impervious surfaces are the driveways and walkways. He said that the additional survey was an extra layer of unnecessary expense to the homeowner. Vice Chair Ward asked Mr. Graff if he had spoken with county staff about this matter. He said that the property is in the unincorporated area of Wake County and he had spoken with the staff. Staff indicated that there was an ordinance between the Town of Cary and Wake County. Mr. Graft said the ordinance was incomplete as it currently stands.
Commissioner Coble asked staff to research the issue and work with Mr. Graff. Mr. Scott Warren, County Attorney, took Mr. Graff’s contact information.
Approval of an Application for the FY 2011 US Department of Transportation’s Transportation Investment Generating Economic Recovery (TIGER) II Discretionary Grant Program for the Funding of the Neuse River Greenway Project in Partnership with the City of Raleigh and the Town of Wake Forest
Mr. Chris Snow, Parks and Recreation Director, Wake County Human Services, asked the BOC to approve an application for the FY 2011 US Dept. of Transportation Investment Generating Economic Recovery (TIGER) II Discretionary Grant Program for the funding of the Neuse River Greenway Project in Partnership with the City of Raleigh and the Town of Wake Forest.
Mr. Snow shared a map of the project area. The grant funding would cover the projects listed in an estimated amount of $34,742,000. The local TIGER II
11 grant request is $26,000,000. He said that this is an 80/20 cost share grant with the county match at 20% of the projected costs for the South Neuse Greenway or $2,480,000. The match funding is anticipated to come from a variety of sources including:
Source Amount Unallocated Revenue Available for Open $ 1,120,314.74 Space Acquisition Portion of Unspent Dollars Currently $ 266,371.26 Allocated to Southeast Regional County Park Pending Payment from the City of Raleigh $ 540,510.00 – Procter Easement Pending Payment from the City of Raleigh $ 552,804.00 – Vick Easement Total $ 2,480,000.00
Commissioner Brown asked about the projects in the grant.
Mr. Snow provided the specific projects included in this grant request as follows:
1. The completion of the Neuse River Trail from Anderson Point Park to Poole Road. ($1,630,000) 2. The Completion of the Neuse River Trail from Poole Road south to the Wake/Johnston County Line. This is a Wake County/City of Raleigh project. ($12,400,000) 3. The completion of the Walnut Creek Trail from Walnut Creek Softball complex to the Neuse River. This is approximately 5 miles and is a Raleigh Project. ($6,200,000) 4. The installation of a multi-purpose path along Trenton Road from Reedy Creek Road entrance on the east side of Umstead State Park to I-40. This is approximately 1 mile long and is a Raleigh project. ($830,000) 5. A connection to the Smith Creek Trail in Wake Forest. Scope includes bridge over the river and about 1600 feet of trail. This is a Wake Forest project. ($2,117,000) 6. White Oak Trail - This is a Town of Cary Project. ($3,375,000) 7. Barbee Road and Stage Coach Road widening connecting to ATT. ($2,500,000)
12 8. Little Brier Creek/Lumley Road/Westgate Road/ Ebenezer Church Road widening. ($5,000,000) 9. American Tobacco Trail - various trailhead, parking lots and connector trails. This is a City of Durham project. ($690,000)
Commissioner Norwalk asked about the existing sources. He asked about the prioritizing of the funding. Mr. Cooke said that this is the best use of the grant money. Without counting on the sale of bonds, this grant would be the best way to utilize those funds.
Commissioner Brown asked if there was a backup plan if the grant was not received. Mr. Cooke said that the $2,480,000 could be used for open space projects, if the grant was not received.
Joe Bryan motioned, seconded by Paul Coble, to approve an application for the FY 2011 US Department of Transportation’s Transportation Investment Generating Economic Recovery (TIGER) II Discretionary Grant Program for the Funding of the Neuse River Greenway Project in Partnership with the City of Raleigh, the Town of Wake Forest and the Town of Knightdale and further, approve County matching dollars in the amount of $2,480,000.
Commissioner Bryan said that showcasing the "Neuse River Blueway" will help promote Wake County, and this is a good economic decision. He asked about going east to west with the project to strengthen the regional impact.
Mr. Dick Lebsock, City of Raleigh Senior Greenway Planner, said that the important component justification is necessary.
Vice Chair Ward thanked staff for their work.
Commissioner Coble asked about Knightdale being in the motion. Mr. Snow said that Knightdale will not receive the funding because they are in a different part of the project. Mr. Snow said the City of Raleigh and the Town of Wake Forest will receive the funding. Commissioner Bryan agreed to remove the Town of Knightdale from the motion so it was amended as:
Joe Bryan motioned, seconded by Paul Coble, to approve an application for the FY 2011 US Department of Transportation’s Transportation Investment Generating Economic Recovery (TIGER) II Discretionary Grant Program for the Funding of the Neuse River Greenway Project in Partnership with the City of Raleigh, the Town of Wake Forest; and further, approve County matching dollars in the amount of $2,480,000. The motion passed unanimously.
Mr. Lebsock said that the Town of Cary and Town of Apex has not committed funds but are willing to accept the trail going through their jurisdiction.
13
Amend Wake County Emergency Management Ordinance, "Chapter 70.50 Data Storage Box"
Mr. Josh Creighton, Emergency Management Coordinator, Wake County Fire and Emergency Management, said that the Local Emergency Planning Committee (LEPC) is a federally mandated committee with membership from business and industry; emergency response groups such as fire, medical and law enforcement; community groups; media; hospitals; environmental interest; universities; and the general public. The mission of this committee is to effectively plan for emergencies involving hazardous materials.
Mr. Creighton reported that there has been difficulty in finding the "data storage boxes" or HAZMAT boxes, which need to be easily located in an emergency. Mr. Creighton said that with this change in the ordinance companies would be provided clear instructions as to where the data storage boxes may be mounted, what items must be contained within the box, direction the design and format of the information and, if desired, how to go about acquiring a variance. He summarized the ordinance changes as:
• Requires companies to supply the same site/facility and chemical information as in the past, but now requires them to submit the information in the Wake County standard format. • Requires companies to place facility keys providing access to areas of the facility housing chemicals. • Allows companies to use the Data Storage Box to store facility keys as required by State Fire Codes, whereas in the past, companies were required to have two separate boxes. • Requires companies to, at a minimum, update the information in the Data Storage Boxes on an annual basis. • Provides specific guidelines as to where the Data Storage Boxes may be located/mounted on the property, whereas before, the local fire inspector could approve the location. This practice inadvertently resulted in the boxes being placed in some impractical locations. • Permits facilities to apply for site specific variances for the location of the Data Storage Boxes and places the responsibility of notifying first responders of its location on the Emergency Management Director. Once adopted by the Board of Commissioners, members of the LEPC and Emergency Management staff will encourage municipalities within the county to adopt the ordinance for application in their jurisdiction.
Commissioner Coble spoke in support of the ordinance change, stating it was safety issue. Mr. Creighton said there are 319 facilities in Wake County that
14 maintain some emergency hazardous substances which requires them to have a data storage box on site.
Commissioner Norwalk expressed interest in which companies have these hazardous materials onsite. Mr. Creighton invited Commissioner Norwalk to his office to discuss his request.
Paul Coble motioned, seconded by Harold H. Webb, to adopt the revised Wake County Emergency Management Ordinance, "Chapter 70.50 Data Storage Box" and sets the effective date of August 16, 2010.
§ 70.50 DATA STORAGE BOX.
(A) Generally. Effective 1-1-1992, as amended effective August 16, 2010, all commercial enterprises or industries in the county which use, store or manufacture on-site hazardous materials that must be reported with regulated materials under Title III of the Federal Superfund Amendments and Reauthorization Act (SARA), 42 USC 11001 et seq., Clean Air Act Amendment 112 (r) and North Carolina General Statute 95.173, and the regulations promulgated there under, must have an approved on-site hazardous materials data storage box at each facility where hazardous materials may be found. This requirement shall ensure consistency at all facilities storing hazardous materials so that responders can quickly locate, access, and utilize information located in the data storage box.
(B) Contents, types and location.
(1) The data storage box shall contain keys providing access to all secured areas of the facility and may also serve as the required facility key box required by state and local fire codes . The data storage box shall contain current, specific information needed to assist fire departments and hazardous materials teams responding to emergencies at the facility. This information includes but is not limited to, facility maps or plans showing the type and location of hazardous materials, Tier II forms, lists of chemicals with Chemical Abstracts Service (CAS) numbers that are required to be reported on Tier II forms, 24 hour emergency telephone numbers for essential facility employees and other persons to be contacted in case of emergencies.
(2) The data storage box shall contain the Site Specific Hazardous Chemical Plan / Hazardous Materials Management Plan, specifically in the Wake County format. This form shall be updated annually, or more often as necessary, to ensure accuracy.
15 (3) The data storage box itself shall be of the type designated and approved by the Wake County Local Emergency Planning Committee and shall be located at the primary vehicular entrance, outside any security fence that may be surrounding the facility and visible and accessible to emergency responders. If the facility staffs a security control checkpoint , the data storage box may be located at the security checkpoint, but located outside any surrounding security fence and shall be visible and accessible to all emergency responders. The data storage box may be mounted to a post or other stand alone structure, so long as the above criteria are met. The data storage box may be mounted to a structure that is located outside of the secured perimeter, but shall not be mounted to the exterior wall of the facility or inside the facility housing the hazardous materials.
(4) Facilities may apply for site specific variance for the location of the Hazardous Materials Data Storage Box to Wake County Emergency Management. It is at the discretion of Wake County Emergency Management whether to approved or deny the request. If approved, Wake County Emergency Management will notify First Responders as to its location.
(1984 Code, § 2-5-1) (Ord. passed 3-4-1991) Penalty, see § 70.99
The motion to adopt the revised Wake County Emergency Management Ordinance, "Chapter 70.50 Data Storage Box" and sets the effective date of August 16, 2010 was approved unanimously.
Amend CIP 2006 Appropriations (First Reading)
Vice Chair Ward stated this was the first reading of this item. The board was receiving information and would be asked to approve the following actions at the second reading of this item:
1. Reduce prior appropriations for CIP 2006 land acquisition by $9,189,363, 2. Reduce prior appropriations for CIP 2006 life cycle replacement projects by $4,034,800, and 3. Appropriate $13,224,163 to a separate account within the Wake County Public School System capital projects fund in order to provide for future appropriations for administrative space over and above what currently is funded by the general fund appropriation to the Wake County Public School System.
16 Mr. Don Haydon, Chief Facilities Officer for Wake County Public School System, said that the multi-year lease for WCPSS administrative space at Crossroads I and II was presented to the Board of Commissioners’ in June, 2010. The Board of Commissioners passed a resolution stating the redirection of current CIP 2006 capital funds in order to fund a sub-fund (sinking fund) within the WCPSS capital projects fund. Annual transfers from the WCPSS Capital Projects Fund to the General Fund will be included in the general fund budget in order to fund the differential between WCPSS’ current lease costs and administrative building operating costs and the increase operating budget cost of the Crossroads I and Crossroads II lease. Upon the sale of the existing administrative space, CIP 2006 projects that were deferred from the reduction of funds would be funded and moved forward. The Board of Education adopted a resolution requesting that prior appropriations for land acquisition be reduced by $9,189,363 and prior appropriations for the CIP 2006 life cycle projects be reduced by $4,034,800 (designated for administrative buildings on Wake Forest Road and Noble Road). Upon sale of the administrative buildings, proceeds will be used toward land acquisition and other life cycle repair projects.
Commissioner Norwalk said that he thought the lease was revenue neutral. He asked if delaying $9,189,363 would be enough in the future. Mr. Haydon responded that making a sale and a purchase would cause for a balance.
Commissioner Norwalk asked for an update on the sale of the properties. Mr. Haydon said that negotiations were in progress and sale and purchase price is unknown. Commissioner Brown asked about the postponing of E25 and E31. Mr. Haydon said the elementary schools, North of Wake Forest and in the Garner area, would be delayed. Commissioner Norwalk asked where the money would come from in the school capital reserve. Mr. Haydon said that the budget line item for land acquisition would provide the funding.
Mr. Cooke said the Board of Commissioners made the request to set aside funds in the same amount in capital funds which was necessary in order to move forward. The schools were asked to identify funding that currently exists for this purpose.
Other Items
Committee Reports
Commissioner Brown provided a report of meetings she attended as follows:
1. Ten Year Plan to End Homelessness Committee Meeting 2. Wake Soil and Water Conservation Committee Update
17 3. African American Cultural Festival Board Meeting 4. Environmental Services Board Meeting 5. Fuquay-Varina Educational Board Meeting 6. Wake County Human Services Executive Board Meeting
Adjourn
Paul Coble motioned, seconded by Lindy Brown, to adjourn the meeting at 3:45 p.m. The motion passed unanimously.
Respectfully submitted,
Susan J. Banks, NCCCC Clerk to the Board Wake County Board of Commissioners
18