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    Minutes of 02-20-2006 Board of Commissioners' Meeting (adopted)
WAKE COUNTY BOARD OF COMMISSIONERS
MINUTES
February 20, 2006


The Wake County Board of Commissioners met in regular session Monday, February 20, 2006, 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, Kenneth M. Gardner, Phil Jeffreys, Betty Lou Ward,
Harold H. Webb and Chairman Tony C. Gurley.
Also attending were the County Manager, Mr. David C. Cooke; the County Attorney, Mr. Michael R. Ferrell; and the Clerk to the Board, Ms. Gwendolyn I. Reynolds.

Chairman Gurley called the meeting to order. He then recognized Philip Hardy and Julie Payne of Southeast Raleigh Magnet High School, attending today’s meeting to fulfill a requirement for a School Civics Project.
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PLEDGE OF ALLEGIANCE

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INVOCATION

Commissioner Ward offered the invocation.

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APPROVAL OF AGENDA

Upon motion of Commissioner Ward, seconded by Commissioner Bryan, the Board unanimously approved the agenda with the removal of item 7b, “Sale of Surplus Property at Northeast Regional Library Site.”
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APPROVAL MINUTES

Upon motion of Commissioner Bryan, seconded by Commissioner Webb, the Board unanimously approved the minutes of February 2, 2006; February 6, 2006; and February 13, 2006.
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RETIREE RECOGNITION

The County recognizes those employees retiring from Wake County Government after twenty-five years or more. County Manager David Cooke asked that the following employees of the Department of Human Services come forward for a presentation:
Ms. Donna Gulas
Ms. Mary “Liz” Lee

The Commissioners congratulated each of the employees and extended best wishes for a long and happy retirement.
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RECOGNITION OF CARING, SHARING AND RESPECTING
CUSTOMER AWARD WINNERS

Each quarter County employees are recognized for outstanding customer service, a maximum of ten. The employee may be nominated by a supervisor, fellow employee or a customer. County Manager David Cooke introduced the following employees for recognition and a presentation:

Human Services Department
The Commissioners congratulated and expressed appreciation to the employees for their outstanding service to the public.
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PRESENTATION - WAKE ABC BOARD

Chairman Gurley recognized Gary Pendleton, Chairman of the Wake County Alcoholic Beverage Control Board, to present information on the work of that Board. He noted that North Carolina is the only state, with the exception of the State of Maryland, with County-owned ABC stores; that the County currently has nineteen branches and the Board is looking to locate two additional stores. He also noted that the Board owns approximately half the stores. Prices are set by the State and Wake County has the highest return of any system in the State—approximately 17 percent.

The Headquarters Office on Wickers Drive, which is responsible for all branches, operates with one secretary, one administrator and one deputy administrator, six law enforcement officers and one information technology position.

Mr. Pendleton also commented on the criteria and distribution of funds to non-profit agencies involved with treating drug addiction and alcoholism. He mentioned a number of agencies that have received funding. The Board is also looking at ways to become involved with high schools on the dangers of alcohol abuse.

Following a question/answer period, Mr. Pendleton indicated that he would report back to the Board regarding the percentage of funds not distributed and a list of the non-profits that have received funding, including the approximate amount.

Mr. Pendleton informed the Board that currently serves on the National ABC Board, representing the State of North Carolina.
The Commissioners received the report on the Wake County Alcoholic Beverage Control Board, as presented.
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PRESENTATION - COMMISSION FOR WOMEN

Chairman Gurley recognized Ms. Cleo Perry, immediate past Chair of the Wake County Commission for Women, to report on the past year’s activities.

Ms. Perry expressed appreciation for the support of the Commissioners and highlighted the following: the Commission’s partnership with other organizations and the business community; Legislative Day to discuss issues of importance to women; networking luncheon; Conference at Healing Place for Men to promote Healing Place for Women and Children; compiled a history of the Commission and a brochure about the role and function of the Commission; published a listing of businesses or organizations providing services for women; and the establishment of the “Outstanding Woman of Wake” award.

The Commission is proposing to focus on the young women of Wake in the upcoming year. An initial meeting has been held and a list of concerns is being developed.

The Commissioners received the information on the Commission for Women, as presented.
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ACCEPTANCE OF GRANT INCREASE FROM THE NORTH CAROLINA
DEPARTMENT OF CORRECTION’S CRIMINAL JUSTICE PARTNERSHIP PROGRAM

On March 21, 2005, the Board of Commissioners approved an application for a Criminal Justice Partnership Program (CJPP) grant of $342,915 for operation of the County’s Day Reporting Center (located at 201 Swinburne) in FY 2006. The North Carolina Department of Correction invited CJPP grantees to apply for reallocation of CJPP funds that became available from other programs. Wake County applied for reallocated funds, through its contractor, Carolina Correctional Service, Inc. and has been awarded $20,700.00 in additional grant funding. The grant award does not require Wake County matching funds:

Upon motion of Commissioner Webb, seconded by Commissioner Gardner, the Board unanimously approved the acceptance of an increase in Criminal Justice Partnership Program State grant award in the amount of $20,700.
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ACCEPTANCE OF NORTH CAROLINA BIOTERRISM PREPAREDNESS GRANT

The North Carolina Office of Emergency Medical Services, through the Federal Human Resources and Services Administration (HRSA) Bioterrorism Preparedness Grant, has established funding priorities of mutual aid communications and education for each EMS system in this grant cycle.

North Carolina’s share of the HRSA grant is distributed through North Carolina’s Department of Health and Human Services, Office of Emergency Medical Services (OEMS). Wake County has been advised that it is eligible for a HRSA grant of $73,000.

Wake County’s State HRSA Grant Program fund award is structured as follows and requires no local match:

Upon motion of Commissioner Bryan, seconded by Commissioner Jeffreys, the Board unanimously approved the acceptance of North Carolina Bioterrorism Preparedness Grant award of $73,000 and budget revision; and authorized the County Manager and Chairman of the Board of Commissioners to execute the grant’s Memorandum of Agreement.
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PUBLIC HEARING
LAND USE PLAN AMENDMENT LUPA 05/2 TO EXPAND THE
COMMUNITY ACTIVITY CENTER LOCATED AT US 70 AND GUY ROAD

Chairman Gurley announced a public hearing to consider an amendment to the Land Use Plan to expand the Community Activity Center located at US-70 and Guy Road, duly advertised as provided by statute for Monday, February 20, 2006, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.

Mr. Santiago Abasolo, Wake County Planning Department, was recognized to introduce the proposed amendment. He stated that the Wake County Land Use Plan has a long-term time frame (25 years) and incorporates the objectives of emphasizing the development of communities; encouraging development in and around municipalities; maintaining resources including natural areas, historic sites, potential parks and greenways; and coordinating with transportation plans. The Transitional Urban Development Policies described in the Wake County Land Use Plan recommend that urban growth should be accommodated in a compact development pattern in order to achieve efficient urban intensities.

The proposed Land Use Plan amendment expands the area of the Community Activity Center located at US-70 and Guy Road. Information was presented on existing conditions, utilities and schools, transportation plan and the Town of Garner Centennial Long Range Plan. The estimated size of the Community Activity Center should be in the upper range of the recommended area for Community Activity Centers (120 acres), and the expansion will be able to concentrate the projected demand for commercial, residential and mixed uses until the year 2030. Guidelines included in the Fuquay-Varina/Garner Area Land Use Plan recommend that community activity centers have shopping, services, recreation, and small-scale office and institutional uses needed to meet the day-to-day needs of the neighborhood plus uses that provide goods and services needed less frequently than on a daily basis. In addition, the guidelines recommend transitional land uses as being the most desirable pattern of development, especially when centers are next to low-density residential areas. The intensity of development should transition toward the edges of the activity center and its residential support area.

The factual situation having been presented, Chairman Gurley declared the public hearing open and announced that anyone desiring to comment would be heard at this time.

Mr. David York, Holt York McDarris & High, LLP – applicant (commented in support of the proposed amendment)

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

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

Ms. Melinda Wilson, Wake County Planning Director, reported that the Planning Board voted 8-0 to recommend that the Board of Commissioners approved the requested Land Use Plan Map amendment.

Mr. Abasolo reported that Planning staff recommends approval of the expansion of the Community Activity Center from 82 acres to 131 acres as shown on the US 70/Guy Road Community map.

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

Upon motion of Commissioner Jeffreys, seconded by Commission Council, the Board unanimously adopted a resolution amending the Fuquay-Varina/Garner Area Land Use Plan to expand the Community Activity Center located at US-70 and Guy Road from its current area of 82 acres to 131 acres.
RESOLUTION-2006-11
AMENDING THE WAKE COUNTY LAND USE PLAN,
FUQUAY-VARINA/GARNER AREA LAND USE PLAN TO EXPAND THE
COMMUNITY ACTIVITY CENTER AT US 70 AND GUY ROAD

WHEREAS, the proposed land use plan map amendment is consistent with the Wake County Land Use Plan and the
Fuquay-Varina/Garner Area Land Use Plan;

WHEREAS, the proposed land use plan map amendment would promote the general health and public welfare of the
citizens of Wake County;

WHEREAS, the proposed land use plan map amendment is consistent with adopted activity centers guidelines; and

WHEREAS, the Wake County Board of Commissioners held a duly-noticed public hearing to consider amending the
Wake County Land Use Plan to expand the US 70-Guy Road community activity center;

NOW, THEREFORE, BE IT RESOLVED BY THE WAKE COUNTY BOARD OF COMMISSIONERS:
SECTION I
PETITION NO. LUPA 05/2 To:
SECTION II

This amendment shall become effective upon adoption of this resolution.
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PUBLIC COMMENT

The Board of Commissioners desires to hear from the public about the operations and services of Wake County Government. It is for that purpose a time certain has been set aside for public comment during regular meetings of the Board. A signup sheet has been provided at the rear of the meeting room.

Chairman Gurley announced that there were no names listed to appear before the Board. He then declared the public comment portion of the meeting closed.
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PUBLIC HEARING
TO CONSIDER A REQUEST FOR GRAVE DISINTERMENT,
REMOVAL, AND REINTERMENT

Chairman Gurley announced a public hearing to consider a request to disinter, remove and re-inter graves located within the Windfree Cemetery, duly advertised as provided by statute for Monday, February 20, 2006, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.

Mr. Larry Morgan, Wake County Planning Department, came forward for introductory comments. He stated that a request had been received from Russell L. Ammons III representing Honeycutt Estates LLC, to remove three (3) non-maintained graves within the Windfree Cemetery. The cemetery is approximately 200 square feet in size and is located on a 23.8-acre parcel on the western side of Brassfield Road, approximately 0.1 miles northwest of its intersection with Honeycutt Road. The property is adjacent to the northern side of the Brassfield Elementary School site. The property is zoned R-80W and lies within the Falls Lake Water Supply Watershed critical area.

The removal of the graves will allow for the proposed development of the property as part of the Honeycutt Estates Subdivision. The petitioner intends to re-inter the remains within the Oakwood Cemetery located on Oakwood Avenue in the City of Raleigh.

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

The petitioner placed an advertisement in the News and Observer newspaper for four (4) consecutive weeks in an attempt to identify and notify interested parties, and has stated that he has not received any response. The legal notices appeared in the newspaper on October 29, and November 5, 12, and 19, 2005. The Planning staff posted the required notification sign on Honeycutt Road adjacent to the property on November 4, 2005. The sign included contact information for the Planning staff. The Planning Department received some inquiries from adjacent landowners in response to the sign. However, no one has expressed knowledge of the cemetery, or opposed the petition.

The factual situation having been presented, Chairman Gurley declared the public hearing open and announced that anyone desiring to comment would be heard at this time.

Mr. John Clauser, 1523 Hanover Street, Raleigh – Of Grave Concerns, Inc.
(support removal) Reported that no record of the cemetery had been found in any of the resources that were reviewed; that the cemetery had been abandoned; that with probing around the cemetery the three and no other burials were found; that there was no record of Windfree’s in the area. A Nancy Windfree was found in the Oriental area; however, she had no knowledge of a Thad Windfree. The marked grave had a headstone with name, date of birth and date of death. Mr. Clauser has theorized that with the graves being “peculiarly” located, the Windfree’s were people passing through the area and here for a short period of time. There were no other comments in support of or in opposition to the grave removal request.
Mr. Morgan reported that staff recommends that the Board of Commissioners grant the request.
Thereafter, at the conclusion of the public hearing, Chairman Gurley declared the hearing closed and invited action by the Board.

There was much discussion. Commissioner Jeffreys suggested that Mr. Clauser re-examine and give further study to his theory given the grave had a headstone with name, a date of birth and date of death.

Upon motion of Commissioner Ward, seconded by Commissioner Webb, the Board approved the request for grave disinterment, removal and re-interment located within the Windfree Cemetery. Commissioner Jeffreys voted nay.
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LAND ACQUISITION FOR AN ELEMENTARY SCHOOL IN
NORTHWEST RALEIGH

At their February 7, 2006 meeting, the Board of Education approved the acquisition of 20.3 acres of land in Raleigh at a price of $153,000 per acre, (estimated to total $3,105,900) for Elementary School E17. The new elementary school facility is currently scheduled to open for the fall term 2008.

According to Section 115C-426 of the General Statutes, the County Board of Commissioners is responsible for approving the purchase of property by the County Board of Education.

The construction funds for this school are anticipated to be included in future school building programs.

Ms. Betty Parker, Wake County Public School System, appeared before the Board to comment on the request and respond to questions from the Board.

The Commissioners received the information as presented. The Chairman announced that with no outstanding questions, the request would be placed on the March 20, 2006 consent agenda.
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LAND ACQUISTION FOR AN ELEMENTARY SCHOOL
IN NORTHWEST CARY

At their February 7, 2006 meeting, the Board of Education accepted the terms and conditions of an agreement with the Town of Cary and Panther-Creek-Raleigh Limited partnership to (1) acquire at no cost, approximately 20 acres in northwest Cary on Green Level to Durham Road for an elementary school, E-22 and (2) to agree to the timing and development of the site and disbursement of $5,500,000 towards same and (3) to contract for an option to later acquire a middle school site of approximately 30 acres in the same vicinity at $21,225 per acre totaling $636,750. The new elementary school facility is currently scheduled to open for the fall term 2008.

The construction funds for this school are anticipated to be included in future school building programs

According to Section 155C-426 of the General Statutes, the County Board of Commissioners is responsible for approving the purchase of property by the County Board of Education.

Ms. Betty Parker, Wake County Public School System, was recognized to present information on the request and to respond to questions from the Board.

The Commissioners received the information as presented. Chairman Gurley announced that with no outstanding questions, the request would be placed on the March 20, 2006 consent agenda.
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LAND AND BUILDING ACQUISITION FOR AN ELEMENTARY SCHOOL IN
SOUTHWEST CARY

At their February 7, 2006 meeting, the Board of Education approved the acquisition of a 15-acre site and an industrial building (containing approximately 92,000 square feet) at a price of $5,000,000 for Elementary School E-26. The new elementary school facility is currently scheduled to open for the fall term 2008.

The construction funds for this elementary school are anticipated to be included in future school building programs.

According to Section 115C-426 of the General Statutes, the County Board of Commissioners is responsible for approving the purchase of property by the County Board of Education.

Ms. Betty Parker, Wake County Public Schools, was recognized to present information and to respond to questions from the Board. She noted that though most school funding requests receive two readings from the Board of Commissioners, the Board of Education is requesting that this item be expedited because the opportunity to acquire this site is time sensitive.

Following discussion and upon motion of Commissioner Gardner, seconded by Commissioner Council, the Board waived the two-reading process of funding requests from the Board of Education and unanimously adopted the funding resolution authorizing the Board of Education to acquire approximately 15 acres and an industrial building (containing approximately 92,000 square feet) at a price of $5,000,000 for conversion to an elementary school, identified as E-26.

RESOLUTION R-2006-10
Approval of Land Acquisition for New Schools
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REQUESTS FOR INFORMATION FROM
WAKE COUNTY PUBLIC SCHOOL SYSTEM

By general consensus, the Board requested the following information from the Wake County Public School System: Space Programs for each building type—elementary, middle and high schools; compare prototypes and assumptions; and comparison of costs per square foot for renovations v. new construction.
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Chairman Gurley called for a five-minute recess.
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ADOPTION OF STATE LEGISLATIVE AGENDA

Chairman Gurley recognized Mr. Raymond Boutwell, to present the 2006 State Legislative Goals. Mr. Boutwell outlined the new goals as well as the 2005 goals being forwarded to 2006:

Goal #1:
Obtain State funding for Mid-Eastern Athletic Conference (MEAC) Tournament

Goal #2:
Oppose proposal of a special North Carolina Association of County Commissioners Task force on Medicaid Relief which recommends swapping local sales taxes for the State to take over the county share of Medicaid.

Goal #3:

Support passage of House Bill 947, entitled “An act to authorize certain counties to levy one-half cent local sales and use taxes for public school capital outlay purposes and community college plant fund purposes, if approved by the voters of the counties”.

Goal #4:
Support any efforts to restore the ability of school districts to receive state and local sales tax refunds.

Goal #5:
Support legislation that prohibits insurers from refusing to accept assignment of benefits.

Goal #6:
Support legislation for public/private partnerships in school construction


2005 Goals Forwarded for 2006

Goal #7:
Seek $10 million for the construction of an Inpatient Psychiatric Unit

Goal #8:
Support legislation that will assure adequate funding for implementation of local health programs required as a result of the State’s local mental health reform.

Goal #9:
Support continued and expanded funding for Medicaid and NC Health Choice.

Goal #10:
Provide state funding for the School Health Program in all counties to attain a nurse/student ratio of 1/750.

Goal #11:
Support adequate federal and state funding for services for persons with low English proficiency (Title VI of the Civil Rights Act).

Goal #12:
Legislation that will require county governments to hold title to debt financed school assets until the debt is paid off. Legislation is not intended to alter the daily operating authority of the schools, but to modify legal title so that assets and debt can be matched.

Goal #13:
Support legislation that will require that a licensed person install all septic tanks (HB688).

Goal #14:
Seek and/or support legislation allowing local fees for Food Service facilities.

Goal #15:
Seek legislation to give counties the authority to change the criteria by which persons at least 65 years of age are eligible for ad valorem property tax relief.

Upon motion of Commissioner Bryan, seconded by Commissioner Ward, the Board unanimously adopted the Legislative Goals for the 2006 Session of the North Carolina General Assembly, as outlined.
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INTERLOCAL AGREEMENT BETWEEN WAKE COUNTY,
TOWN OF CARY, AND DURHAM COUNTY FOR RECLAIMED WATER FACILITIES

In 1989, Wake County, the Town of Cary and the Research Triangle Foundation (RTF) entered into an agreement for providing water and sewer infrastructure for the Wake County portion of Research Triangle Park (RTP South). This agreement was renegotiated and executed on October 28, 2003 and provides among other terms and conditions for the following:
In 2003, Wake County completed a Water Reclamation and Reuse Plan for RTP South. The plan, developed in concert with the Town of Cary and Durham County contemplated providing reclaimed water from the Durham County Triangle Wastewater Treatment Plant (WWTP) to RTP South and the surrounding area. The system will serve Durham County’s customers in the Durham County portion of RTP and Cary’s customers in the Wake County portion. Wake County, on behalf of the three entities, applied for a Clean Water Management Trust Fund Grant, but the project was denied funding. Wake County also pursued federal funding for the project, which has been granted.

In FY05 and FY06, federal funds in the amounts of $1.5 million each year (total $3.0 million) were appropriated for Wake County for this cooperative project as part of the Environmental Protection Agency’s budget. The federal grant requires that a maximum of 55 percent federal funds be applied to the project along with 45 percent from local funds. In order to obtain the federal funding, Wake County must apply to EPA. The Wake County portion of the local funds comes from the Wake County Capital Improvement Plan that contemplated $5.6 million in total funding for FY06, FY07 and FY08 for the Wake portion of the Reclaimed Water Project. As a result of the partnership and the current value of the EPA Grant Appropriations only $4.4 million is needed from the Wake County CIP. Additional Grant funding is being pursued to assist with construction of the project.

The cooperative project is planned to be implemented in two phases and Mr. Phil Stout, Facilities Design and Construction, outlined the phases and identified on a map.

Mr. Stout also outlined the major provisions of the Agreement:

The Cary Town Council approved this agreement on February 9, 2006, and the Durham County Commissioners will consider this agreement on February 27, 2006.

Upon motion of Commissioner Ward, seconded by Commissioner Jeffreys, the Board unanimously approved: 1) an Interlocal Agreement for Reclaimed Water Facilities with Durham County and the Town of Cary to apply for allocated Federal Grant Funds and design a reclaimed water system to serve RTP South, consistent with the terms and conditions set forth above and as determined to be acceptable to the County Attorney; and approval by the Board of Commissioners is contingent upon approval by the Durham County Commissioners; and 2) authorized the County Manager to execute the Interlocal Agreement on behalf of Wake County.

STATE OF NORTH CAROLINA
COUNTY OF WAKE

INTERLOCAL AGREEMENT FOR RECLAIMED WATER FACILITIES

THIS INTERLOCAL AGREEMENT (hereafter AGREEMENT), is made and entered into this ______ day of ________________, 2006 by and between the COUNTY OF WAKE, a political subdivision of the state of North Carolina (hereafter “WAKE COUNTY”), and the COUNTY OF DURHAM, a political subdivision of the state of North Carolina (hereafter “DURHAM COUNTY”), and the TOWN OF CARY, a North Carolina Municipal Corporation (hereafter “CARY”).


W I T N E S S E T H:

THAT WHEREAS, WAKE COUNTY, DURHAM COUNTY and CARY agree that the reuse of highly treated wastewater is beneficial to the environment, to the citizens of Wake County and Durham County, and to water and sewer utility customers by offsetting potable water demands, reducing interbasin transfer volumes and reducing effluent discharge volumes to the Cape Fear and Neuse River basins; and

WHEREAS, CARY, WAKE COUNTY and the RESEARCH TRIANGLE FOUNDATION (RTF) entered into an Interlocal Agreement on October 28, 2003 to provide water, wastewater and reclaimed water service within the Wake County portion of RTP; and

WHEREAS, Section 5 of the CARY, WAKE COUNTY and RTF Interlocal Agreement defines the responsibilities for design and construction of reclaimed water facilities in the RTP South and surrounding area and CARY has committed to operate and maintain the installed lines and systems, and

WHEREAS, CARY has an agreement with Durham County for wastewater treatment service which documents a desire to work together on reclaimed water opportunities; and

WHEREAS, WAKE COUNTY has been awarded federal grant money on behalf of WAKE COUNTY, DURHAM COUNTY and CARY to design and build reclaimed water facilities in order to reduce effluent wastewater discharge into Jordan Lake; and

WHEREAS, DURHAM COUNTY owns and operates a wastewater treatment facility know as the Triangle Wastewater Treatment Plant (hereafter “Triangle WWTP”) which discharges its treated effluent into Northeast Creek, a tributary of Jordan Lake; and

WHEREAS, WAKE COUNTY, DURHAM COUNTY and CARY desire to work together to develop reclaimed water facilities to serve water utility customers in RTP and other parts of Wake and Durham Counties; and

WHEREAS, upon construction of reclaimed water facilities by WAKE COUNTY, DURHAM COUNTY and CARY, DURHAM COUNTY commits to provide reclaimed water to CARY at a sufficient volume to be specified in a future operation and maintenance agreement between CARY and DURHAM COUNTY, and

WHEREAS, this AGREEMENT is authorized by the provisions of NCGS Chapter 160A, Article 20, Sections 460-464 and Chapter 160A, Article 16, Sections 311-323, and Chapter 153A, Sections 158 & 278.

NOW THEREFORE, in consideration of the premises and the respective rights, powers, duties, and obligations hereinafter set forth, the parties agree as follows:

PURPOSE

The purpose of this AGREEMENT is to set forth the terms and conditions pursuant to which WAKE COUNTY, DURHAM COUNTY and CARY will share federal/state grant funds and loan funds in order to develop plans to treat, store, pump and distribute reclaimed wastewater. The parties acknowledge and agree that subsequent amendment(s) to this AGREEMENT will be required for Construction, Operation and Maintenance of the reclaimed water system.


EFFECTIVE DATE OF AGREEMENT

This AGREEMENT shall become binding upon the parties hereto upon the execution and ratification of this AGREEMENT by the governing boards of WAKE COUNTY, DURHAM COUNTY and CARY.


WAKE COUNTY OBLIGATIONS AND REPRESENTATIONS

a. WAKE COUNTY will serve as the lead agency for the purposes of acquiring and distributing federal and state funds as appropriated and received on the Jordan Lake Water Reclamation and Reuse Project (hereinafter called the Project). This includes annual requests to the federal/state government for additional grant funds. Upon appropriation of funds, WAKE COUNTY will coordinate the development of grant applications in order to allow distribution and receipt of grant funds. Upon receipt of grant funds, WAKE COUNTY will distribute approved funds to CARY or DURHAM COUNTY as appropriate.

b. WAKE COUNTY will serve as the lead agency for the purposes of the development of environmental documents required by the National Environmental Policy Act (NEPA) and the seeking of construction related permits.

c. WAKE COUNTY will serve as the lead agency for the purpose of seeking and selecting a design consultant for the portion of the Project within Wake County. The consultant will be selected through a joint process with representation from both CARY and WAKE COUNTY. WAKE COUNTY will contract with the selected design firm for the portion of the work within Wake County and the respective environmental work. WAKE COUNTY will bill CARY on a monthly basis for the design work, including both local and federal share funds.

d. WAKE COUNTY commits to pursuing construction of this Project subject to available local funds and a similar commitment from DURHAM COUNTY and CARY.

DURHAM COUNTY OBLIGATIONS AND REPRESENTATIONS

a. DURHAM COUNTY will be responsible for appropriately billing WAKE COUNTY for reimbursement of federal/state funds spent associated with the Project. Further, if any portion of the reimbursement is questioned by the N.C. Department of Environment and Natural Resources (DENR) or the U.S. Environmental Protection Agency (EPA), DURHAM COUNTY will provide any requested documentation, and in the event any billing is disallowed DURHAM COUNTY will pay same from local funds.

b. DURHAM COUNTY will be supportive of WAKE COUNTY’s efforts to seek additional funding at both federal and state levels.

c. DURHAM COUNTY will be responsible for the design of treatment plant modifications and the conveyance facilities to deliver reclaimed water to the Durham County/Wake County line. DURHAM COUNTY will be responsible for acquiring any operational related permits associated with the operation of the reclaimed water system within Durham County.

d. DURHAM COUNTY will participate in the development of necessary environmental and permit documents associated with the Project within Durham County. DURHAM COUNTY will be financially responsible for the share of costs associated with the environmental and permit efforts for facilities within Durham County, including, but not limited to, consultant and permit fees.

e. DURHAM COUNTY commits to the provision of reclaimed water for use by WAKE COUNTY and CARY upon completion of construction of the Project. Specifics of this commitment will be defined in a future operations and maintenance agreement between CARY and DURHAM COUNTY.

f. DURHAM COUNTY commits to pursuing construction of this Project within Durham County subject to available local funds and a similar commitment from WAKE COUNTY and CARY.

CARY OBLIGATIONS AND REPRESENTATIONS
a. CARY will be responsible for appropriately billing WAKE COUNTY for reimbursement of federal/state funds spent associated with the Project. Further, if any portion of the reimbursement is questioned by DENR or EPA, CARY will provide any requested documentation, and in the event any billing is disallowed CARY will pay same from local funds.

b. CARY will be supportive of WAKE COUNTY’s efforts to seek additional funding at both federal and state levels.

c. CARY will be financially responsible for the design of waterline work to get from the Durham County/Wake County line to RTP South and any other locations within CARY’s municipal jurisdiction. CARY will jointly select the consultant for their portion of the Project with WAKE COUNTY (see 3.C).

d. CARY will participate in the development of necessary environmental and permit documents associated with the Project. CARY will be financially responsible for its share of costs associated with the environmental and permit efforts, including, but not limited to, consultant and permit fees.

e. CARY commits to provide reclaimed water to its customers upon completion of construction of the project. Specifics of this commitment will be defined in a future operations and maintenance agreement between CARY and DURHAM COUNTY.

f. CARY commits to pursuing construction of the portion of the Project that is part of the Town of Cary Reclaimed Water System subject to available local funds and a similar commitment from WAKE COUNTY and DURHAM COUNTY.

FINANCIAL COMMITMENT

a. WAKE COUNTY has received a commitment from the federal government in the form of a grant in the amount of $3 million less federal and state standard deductions (herafter “Grant Funds” or “Grant”).
b. Estimated costs for design and other pre-construction costs for the Project are $1,669,435 (hereafter “Projected Project Costs”). The Grant provides that only 55 percent of eligible Projected Project Costs may be paid for with Grant Funds. The remaining Projected Project Costs shall be paid by WAKE COUNTY, DURHAM COUNTY and CARY. Based upon current projections, the following table shows the anticipated Projected Project Costs and reimbursement amounts for each party:
Projected
Project Costs
55 Percent
Federal Share
45 Percent
Local Share
Wake County$712,725$391,999$320,726
Durham County$347,494$191,122$56,372
Cary$609,216$335,069$294,147
Total$1,669,435$918,190$751,245

a. In addition to the Projected Project Costs, some funds previously expended by the parties, related to planning for the Project, may be eligible for reimbursement (up to 55 percent) from Grant Funds (hereafter “Previously Expended Funds”). CARY and/or DURHAM COUNTY will be responsible for appropriately billing WAKE COUNTY for reimbursement of Previously Expended Funds. Reimbursement for Previously Expended Funds will be subject to determination of eligibility by DENR and EPA.
b. No party shall be reimbursed more than $500,000 from the Grant Funds under this Agreement. Remaining Grant Funds shall be reserved for construction of the Reclamation Facilities as briefly discussed herein, along with any additional grant funds acquired.

BREACH/NO TERMINATION

This AGREEMENT may be terminated only by the written agreement of the parties as set forth in Section . In the event of breach of this AGREEMENT, the parties shall be entitled to such legal or equitable remedy as may be available, including specific performance.


REPRESENTATIONS AND MODIFICATIONS OF AGREEMENT

No officer, official, employee or agent of WAKE COUNTY, DURHAM COUNTY or CARY may, or shall have the authority or power to, amend, modify or alter this AGREEMENT or waive any of its conditions so as to bind WAKE COUNTY, DURHAM COUNTY or CARY by making any promise or representation not contained herein, unless such modification or revision is:

a. In writing; and
b. Formally approved in the same manner as this AGREEMENT is originally approved; and
c. Duly executed by all parties hereto.

WAIVER

The failure of any party at any time to require performance by the others of any provision hereof shall in no way affect the right of the other parties to thereafter enforce the same. Nor shall waiver by any party of any breach of any provision hereof be taken to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself. No provision of this AGREEMENT shall be deemed to have been waived by any party unless such waiver shall be in writing and executed by the same formality as this AGREEMENT.


CUMULATIVE PROVISIONS

The rights and remedies reserved to WAKE COUNTY, DURHAM COUNTY and CARY by this AGREEMENT are cumulative and shall be in addition to and not in derivation of any other rights or remedies which WAKE COUNTY, DURHAM COUNTY and CARY may have with respect to the subject matter of this AGREEMENT and a waiver hereof at any time shall have no affect on the enforcement of such rights or remedies at a future time.


NO JOINT VENTURE

Nothing herein shall be deemed to create a joint venture or principal agent relationship between the parties hereto and no party is authorized to, nor shall, any party act toward third parties or the public in any manner, which would indicate any such relationship with the other.


ENTIRE AGREEMENT

This AGREEMENT and all attachments hereto and all material incorporated herein, represents the entire understanding and agreement of the parties with respect to the subject matter hereof, supersede all prior oral negotiations and can be amended, supplemented, modified or changed only as provided herein.


SEVERABILITY

If any section, subsection, sentence, clause, phrase, or portion of this AGREEMENT is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this AGREEMENT. In the event any provision or part of this AGREEMENT is held to be void or unenforceable such may be deemed stricken and all remaining provisions shall continue to be valid and enforceable upon the parties hereto.


SUCCESSORS AND ASSIGNS

This AGREEMENT may not be assigned by any party without the written consent of the other parties. Subject to the foregoing, this AGREEMENT shall be binding upon and its benefits inure to the parties, their successors and assigns. This provision shall not be construed as impeding the right of any party to sell raw wastewater collection and/or treatment services to other governmental entities.


NOTICE
a. Unless otherwise provided, all notices provided for herein shall be in writing and shall be sent properly addressed by first class mail to the parties at the addresses shown below:

b. All notices shall be effective three (3) days after having been deposited, properly addressed and postage prepaid, in the U.S. Postal Service.

c. Unless specifically provided otherwise, DURHAM COUNTY shall be represented by and act through the party designated in Section 15(a). CARY shall, for purposes of the rights and duties of this AGREEMENT, be represented by and act through the party designated in Section 15(a). WAKE COUNTY shall, for purposes of the rights and duties of this AGREEMENT, be represented by and act through the party designated in Section 15(a).

DISPUTE RESOLUTION

This Contract shall be governed by and in accordance with the laws of the State of North Carolina. Any claims, disputes or other controversies arising out of, and between parties to this AGREEMENT which may ensue shall be subject to and decided by the appropriate general court of justice of Wake County, North Carolina.

IN TESTIMONY WHEREOF, WAKE COUNTY has caused this AGREEMENT to be executed by its Chairman, all by the authority of the Wake County Board of Commissioners, its official seal affixed and attested to by the Clerk to the Board, DURHAM COUNTY has caused this AGREEMENT to be executed by its Chairman, all by the authority of the Durham County Board of Commissioners, its official seal affixed and attested to by the Clerk to the Board, and CARY has caused this AGREEMENT to be executed by its Mayor, their corporate seal to be affixed and attested by its Clerk, all by the authority of the Cary Town Council, on the day and year first written above.

The Wake County Board of Commissioners, meeting in regular session on _____________, 2006 did approve this Interlocal Agreement dated ____________, 2006.

COUNTY OF WAKE

__________________________________
Chairman, Board of Commissioners

Witness:
__________________________________
Clerk

(S E A L)



The Durham County Board of Commissioners, meeting in regular session on _____________, 2006 did approve this Interlocal Agreement dated ____________, 2006.

COUNTY OF DURHAM

____________________________________
Chairman, Board of Commissioners

Witness:
___________________________________
Clerk (S E A L)


The Town Council of the Town of Cary, meeting in regular session on ____________, 2006, did approve this Interlocal Agreement dated _____________, 2006.

TOWN OF CARY

____________________________________
Mayor

Witness:
____________________________________
Town Clerk

(S E A L)
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AMENDMENT TO THE AGREEMENT FOR WATER AND SEWER SERVICE
TO THE WAKE COUNTY PORTION OF THE RESEARCH TRIANGLE PARK

In 1989, Wake County, the Town of Cary and Research Triangle Foundation (RTF) entered into an agreement for providing water and sewer infrastructure for the Wake County portion of Research Triangle Park (RTP South). This agreement was renegotiated and executed on October 28, 2003 and provides among other terms and conditions for the following:

1) The County will construct the water and sewer lines necessary to provide service to sites of RTP South customers. Operation and maintenance of these facilities will be the responsibility of the Town of Cary.
2) Cary will provide water and wastewater treatment to the customers of RTP South based upon available allocations from Jordan Lake and capacity at Cary's wastewater treatment facilities. Cary will include in their budgeting and planning process, facilities needed to meet the projected water/sewer demand of RTP South. The agreement further recognizes that customers in the RTP South are subject to the Town of Cary Utilities Ordinance,
including pollutant concentrations based on domestic wastewater, unless individual customers obtain an Industrial User Permit with specified concentration limits. Periodically, new or proposed RTP South customers ask if there is additional capacity at Cary treatment facilities to handle higher than normal strength wastewater.

In anticipation of national and global market trends, representatives of Wake County and the RTF have identified biotechnology research firms and pharmaceutical production firms as high priority recruitment targets for RTP South. Based upon operating data from existing biotechnology research firms and pharmaceutical production firms, it is anticipated that wastewater flows from this industry sector will have elevated concentrations of nutrients in the form of total nitrogen (TN) and total phosphorus (TP).

The Amendment to the Agreement presented today provides a mechanism for either Wake County or RTF to request that the Town of Cary study alternatives for treating higher than normal strength wastewater; and for either agency to enter into a letter of service agreement with the Town of Cary for the provision of facilities to treat higher than normal strength wastewater. The Amendment also addresses planning for such additional pollutant removal capacity, and how the Town of Cary will address requests for documentation of the pollutant loading capacity available to potential new RTP South customers. The current agreement requires RTF to provide, on an annual basis, projections of water and wastewater usage within RTP South. This amendment will further require RTF to provide information regarding the strength/concentration of the projected wastewater.

This Amendment will allow the partners to plan and design for higher than normal strength wastewater users in RTP South in the event the governmental partners determine such work is in the public's best interest. Existing or future RTP South customers needing additional wastewater treatment capacity beyond our current agreement with Cary (due to high strength/concentrated wastewater) would have the option of either providing on-site pretreatment or investigating the potential cost of providing additional capacity within the Town of Cary's treatment facilities.

This Amendment was approved by the Cary Town Council on February 9, 2006 and will be considered by the Research Triangle Foundation on or before March 2, 2006.

Upon motion of Commissioner Webb, seconded by Commissioner Council, the Board unanimously approved 1) Amendment No. 1 to the existing Water/Sewer Agreement between the Town of Cary, Wake County, and the Research Triangle Foundation, which provides a mechanism for planning for and treating higher than normal strength wastewater, consistent with the terms and conditions set forth above and as determined to be acceptable to the County Attorney. Approval by the Board is contingent upon approval by Research Triangle Foundation. And 2) that the County Manager to authorized to execute the Amendment on behalf of Wake County.

COUNTY OF WAKE

STATE OF NORTH CAROLINA

AMENDMENT NO. 1 TO AGREEMENT
For Water And Sewer Service To The Wake County Portion Of Research Triangle Park

This Amendment No. 1, made and entered into on _______________, 200_, affects the Agreement, made and entered into on October 28, 2003, by and between the COUNTY OF WAKE, a body politic and corporate organized under the laws of the State of North Carolina, ("Wake County"), the Town of Cary, North Carolina, a municipal corporation of the State of North Carolina ("Cary"), and the Research Triangle Foundation of North Carolina, a not for profit foundation organized under the laws of the State of North Carolina ("RTF").
WITNESSETH
WHEREAS,

Wake County, Cary, and RTF have an existing Interlocal Agreement dated October 28, 2003 concerning the provision of water and sewer service to the Wake County portion of Research Triangle Park (“RTP South”).
Cary has an Interlocal Agreement with Durham County to provide wastewater treatment service for RTP South through December 31, 2010.
RTF and Wake County desire for Cary to continue to provide wastewater treatment services for all wastewater generated by the customers in RTP South.
RTP South wastewater service customers are subject to the Town of Cary sewer use ordinance, which specifies the maximum acceptable concentrations of certain pollutants. Some customers within RTP South have Industrial Use Permits allowing higher concentrations.
Wake County, RTF, and Cary desire to modify the Agreement dated October 28, 2003, to add a mechanism that Wake County and RTF can use to have Cary plan for and provide the facilities needed for treatment of higher than normal strength wastewater.
This Amendment No. 1 is authorized by the provisions of NCGS Chapter 160A, Article 20, Sections 460-464 and Chapter 160A, Article 16, Sections 311-323, and Chapter 153A, Sections 158 & 278.

NOW, THEREFORE, IT IS AGREED BETWEEN WAKE COUNTY, CARY, AND RTF THAT:

1. A new Section 18 will be appended to the existing Agreement dated October 28, 2003, as follows:

Mechanism for Treatment of Higher Than Normal Strength Wastewater from RTP South CustomersWake County and RTF understand that the basis for provision of sewer service to all of Cary’s customers, including those in RTP South, is that those customers are required to follow the Town’s Utility Ordinance. This ordinance includes maximum acceptable concentrations for pollutants. For businesses or industries which are considered to be significant industrial users, the ordinance also includes a mechanism for the Town to issue Industrial User Permits (IUPs) allowing higher concentrations to be discharged to the Town’s sewer system. Wake County and RTF understand that the allowance of such higher concentrations is subject to the availability of treatment capacity, and that such availability is usually due to having temporary excess capacity prior to the service area for the treatment facility being built out. Such capacity is also subject to change due to changes in regulatory requirements, environmental conditions, or plant removal efficiency.

o Provision for Study of Alternatives. Wake County and/or RTF may at any time request that Cary evaluate providing treatment capability to remove pollutants discharged to Cary’s system at higher concentrations than those specified in Cary’s sewer use ordinance. Upon such request, Wake County, RTF, Cary, and, if appropriate, the affected RTP customer, will work together to identify alternatives and costs for providing the requested capacity. If engineering services from outside consultants are required to develop alternatives and costs, Cary will inform Wake County and/or RTF of the cost, and upon written authorization from Wake County and/or RTF, will undertake the evaluation. Wake County and/or RTF, as specified in the written authorization, will reimburse Cary for the cost of such engineering services from the outside consultants.

o Provision for Addition of Capacity. If Wake County and/or RTF desires to provide funding for Cary to implement a selected alternative for providing pollutant removal capacity to treat pollutant concentrations above the levels specified in the sewer use ordinance, then a formal request will be made in writing to the Town of Cary, indicating the specific capacity desired and the willingness to reimburse Cary for the costs associated with providing the additional capacity needed to treat concentrations above those specified in the Utilities Ordinance. Cary will add the requested capacity upon execution of a Letter of Service Agreement between all parties which includes:


The flow and loading assumptions that were used in development of the costs, and the pollutant removal capacity to be provided above and beyond what normal pollutant loading would be at concentrations specified in the sewer use ordinance.
The date by when the capacity will be available.
The estimated cost, reimbursement amount, and payment schedule for Cary to be reimbursed.
How the fixed operating costs for the additional capacity will be repaid if the capacity is not needed.

2. Section 7, Planning, will be replaced with the following section.

7. Planning

RTF agrees to provide Cary with updated water demand, wastewater flow, and wastewater pollutant loading projections by March 1 of every year, or at any time RTP South projections significantly change. The demand, flow, and loading projections submitted each year will include average annual and maximum day potable and reclaimed water demands, and average annual and maximum month wastewater flows and loads. Demand, flow and load projections will be provided for each of the next ten years, and in five-year increments thereafter up to the year estimated to represent buildout for RTP South. RTF will provide demand, flow and loading projections through the use of qualified engineering consultant.

7.2 Planning to Meet Capacity Needs

Cary agrees to include the facilities needed to meet the projected water supply, wastewater, and reclaimed water needs of RTP South in its planning and budgeting process each year. On an annual basis, Cary will provide RTF and Wake County with documentation describing the water, wastewater and reclaimed water projects related to serving the demands of RTP South. Cary will indicate the portion of the cost for any capital project that is needed solely to treat higher then normal pollutant loadings from RTP South customers. If applicable, Wake County and/or RTF will indicate in writing to Cary their willingness to enter into a Letter of Service Agreement, as discussed in Section 18, for any wastewater system capital costs associated with higher than normal pollutant loadings.


In testimony whereof, Wake County, Cary and RTF have caused this AGREEMENT, to be executed by their respective Managers or officers, as applicable, their corporate seal to be affixed and attested to by their respective Clerks or secretaries, as applicable, all by the authority of their respective Councils or board of directors, on the day and year first written above.


COUNTY OF WAKE
________________________________
David Cooke, County Manager

ATTEST:
________________________________
Clerk to the Board

This instrument has been preaudited in accordance with the provisions of the Local Government Budget and Fiscal Control Act.


TOWN OF CARY
______________________________
William B. Coleman, Jr.
Town Manager

ATTEST:
______________________________
Town Clerk


RESEARCH TRIANGLE FOUNDATION OF NORTH CAROLINA
________________________________
Rick Weddle, President and CEO
Reserch Triangle Foundation

ATTEST:
_______________________________
Assistant Secretary

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COLLABORATION BETWEEN WAKE COUNTY HUMAN SERVICES AND
WAKEMED TO IMPROVE ACCESS TO PRENATAL CARE

Since 1987, Wake County and WakeMed have collaborated to provide prenatal care to the County’s uninsured and under-insured pregnant women. Human Services’ prenatal clinic serves as the entry point for over 4,000 pregnant women annually. Wake County provides ongoing care for low-risk women and refers women with high-risk pregnancies to WakeMed for prenatal care. WakeMed provides after hours and weekend care, labor and delivery for all the women.

The collaboration with WakeMed reduced infant mortality from 15.7 deaths per thousand live births in 1989 to a low of 5.5 per thousand in 2002. But by 2004 the rate has risen to 7.0 per thousand. Pregnancies among uninsured and under-insured women have increased continually and rapidly, due to population growth and shifting demographics: the population has more women of childbearing age and, per Census data, more women with larger families.

Because of the increased demand for care, wait times for a first prenatal appointment now exceed 13 weeks, compared to the community standard of two-to-three weeks. Some women arrive at WakeMed for delivery having received no prenatal care or only one or two visits. The lack of prenatal care causes health risks to mothers and infants and causes increased admissions to the Intensive Care Nursery.

The request of the Board of Commissioners is to add 9.0 FTE prenatal clinic staff to decrease wait times for first appointments to less than 3 weeks, to improve care for women who deliver preterm infants, and to increase total visits per pregnancy to nine. The County’s prenatal clinics currently offer 21,000 appointments per year and are open five days and four nights a week plus one Saturday morning per month. Human Services would add an additional 9,680 visits annually. Appointments to weekday and night clinics would increase and clinics would open every weekend.

Dr. Peter Morris, Human Services Department and Lacy Barnes, Executive Director, WakeMED Faculty Physicians, commented briefly on the request.

Upon motion of Commissioner Gardner, seconded by Commissioner Ward, the Board unanimously approved the establishment of 9.0 FTE’s and authorized the County Manager to enter into a contract with WakeMed to increase prenatal care access in Wake County; and that the Board of Commissioners approve the appropriation of $188,423 to cover start-up expenses and salaries for the remainder of fiscal year 2006.
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CENTER FOR DISEASE CONTROL AND
PREVENTION GRANT-FUNDED DISASTER RESPONSE POSITION

Lessons learned from the recent response to Hurricanes Katrina and Rita clearly demonstrate the strong desire of the community to contribute in response efforts and the need for additional preparedness resources to coordinate this surge capacity. In addition, new trends and concerns for the future including, the expected continual severe hurricane cycle, the threat of pandemic flu and the relocation of disaster victims far from the event has stretched Human Services beyond the capacity to respond effectively.

A Volunteer Response Corps will be developed under the Federal USA Freedom Corps model that will target medical professionals and other community members that wish to serve during a disaster. This new position would focus on recruitment and retention of volunteers as well as training of those volunteers, to include employees from all Departments of County government. The new position will use existing office space and telephone and computer equipment in the HS Command Center at the Public Health Center on Sunnybrook. This model was created after September 11th to organize local community medical professionals to respond during a disaster and is currently implemented in hundreds of locations across the country. The three NC counties with an active Corps are Orange, Mecklenburg and Chatham. The Office of the Surgeon General provides Corps guidance and operates as a clearinghouse for best practices.

The Public Health functions related to communicable disease, bioterrorism, and special needs sheltering cannot be delegated to other entities and properly reside within Community Health. Corps volunteers will participate in trainings, exercises, drills and actual events where response plans are tested and individual responders practice and demonstrate their skill. Human Services will have the ability to harness Wake County residents and therefore respond more effectively and efficiently during a disaster.

Funding for the position comes from a five-year CDC Bioterrorism grant that is currently in Year One of funding, currently in the Consolidated Contract. Past funding has been spent on one-time infrastructure needs, freeing up funds for this position. Upon completion of the grant, the position will be abolished.

Upon motion of Commissioner Council, seconded by Commissioner Webb, the Board unanimously approved the establishment of a grant-funded disaster response position to be funded with current dollars.
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BOARD OF COMMISSIONER’S FEDERAL LEGISLATIVE AGENDA

County Manager David Cooke was recognized to outline the Federal Legislative Agenda. He indicated that the Ferguson Group continues to serve as the County’s representative in Washington, D.C. and outlined the services provided by the Group, as follows:

Assists Wake County in the development of an annual Federal Agenda and Action Plan and strategies for implementing that Agenda and Plan:
Prepares all materials submitted to Capitol Hill, as necessary, for successfully meeting legislative criteria, deadlines and overall support requirements;
Advocates aggressively for the County’s Federal Agenda and Action Plan priorities, grant applications and new opportunities that arise, as well as actively opposing legislation or regulations that threaten the County’s interests;
Develops strong working relationships with the North Carolina State congressional delegation, congressional committees, White House and federal agencies;
Maintains constant communication with Wake County through phone calls, e-mail, briefing memos, and personal visits to D.C. and Wake County;
Forms and maintains partnerships with national organizations such as the National Association of Counties and its subgroups on issues of interest to the County; and
Provides support services for competitive federal grant opportunities.

The Departments continue to work with the Ferguson Group to identify projects and work with House and Senate representatives. The County Manager read aloud the top six projects:
Following discussion and upon motion of Commissioner Ward, seconded by Commissioner Webb, the Board unanimously approved the Federal Legislative Agenda for Wake County.
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APPROVAL OF FUNDING FOR RALEIGH MULTI-PURPOSE
STADIUM FEASIBLITY STUDY

The City of Raleigh is requesting that Wake County partner with it in funding a feasibility study for a possible multipurpose stadium to be located in Raleigh. Shaw University and St. Augustine's College have expressed interest in both football teams playing their home games in such a facility. The study will also examine other potential uses for the facility. The scope of services for the feasibility study will include but not be limited to the following:
It is anticipated that the cost of the feasibility study will range from $50,000 to $75,000. The City of Raleigh is requesting that Wake County equally share the cost of the study by appropriating up to $37,500 for its preparation. The Raleigh City Council appropriated $37,500 at its last meeting in anticipation of Wake County doing the same.

During the February 6, 2006 meeting, the motion to approve the funding was tabled until staff contacted the two universities about sharing in the cost of the feasibility study.

At today’s meeting Commissioner Ward moved to take from the table the motion relating to the funding of a Raleigh Multi-purpose Stadium Feasibility Study. Commissioner Jeffreys seconded the motion and upon vote, the motion passed unanimously.

Deputy County Manager Joe Durham was recognized to present information on the results of contacting the two schools. He reported that the two schools have indicated they would contribute $3,000 each toward the total cost of the study, decreasing the maximum to $34,500.

Commissioner Ward then moved approval of the funding request from the City of Raleigh for Raleigh Multi-Purpose Stadium Feasibility Study. Commissioner Webb seconded the motion and upon vote, the motion passed with Commissioner Gardner voting nay.
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OTHER BUSINESS

Human Services is holding community forums for citizens’ opinions, concerns and recommendations. Chairman Gurley announced that the public is invited to attend and those persons who would like to be more specific or give more details may call one of the Commissioners.

Chairman Gurley announced the next meeting of the Blue Ribbon Committee on Friday, February 24, 2006, at 8:00 a.m. This meeting will focus on the Wake County Public School System and Wake Technical Community College.
******************

There being no other business to come before the Board at this time, Chairman Gurley adjourned the meeting at 5:35 p.m., upon the motion of Commissioner Ward, seconded by Commissioner Jeffreys and the unanimous vote of the Board.
******************

Gwen Reynolds, CMC
Clerk to the Board