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    Minutes of 08-16-04 Board of Commissioners Meeting (adopted)
WAKE COUNTY BOARD OF COMMISSIONERS
MINUTES
August 16, 2004
The Wake County Board of Commissioners met in regular session Monday, August 16, 2004, at 2:00 p.m. in the Commissioners’ Meeting Room, 7th Floor, Wake County Courthouse, Raleigh, North Carolina. Members present were Commissioners Joe Bryan, Herbert H. Council, Tony Gurley, Phil Jeffreys, Betty Lou Ward, Harold H. Webb and Chairman Kenneth M. Gardner.

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 Gardner called the meeting to order.
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PLEDGE OF ALLEGIANCE

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INVOCATION

Commissioner Jeffreys offered the invocation.

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APPROVAL OF AGENDA

Upon motion of Commissioner Ward, seconded by Commissioner Jeffreys, the Board unanimously approved the agenda as printed.
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APPROVAL OF MINUTES

Upon motion of Commissioner Bryan, seconded by Commissioner Council, the Board unanimously approved the minutes of August 2, 2004, and August 10, 2004.

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CUSTOMER SERVICE RECOGNITION AWARDS

The County has initiated a program to recognize employees who go above and beyond in serving the customers and taxpayers. Each quarter an employee committee selects a maximum of ten employees who have been nominated by a fellow-employee, supervisor and/or customer for their good work.

Chairman Gardner recognized County Manager David Cooke to present Customer Service Awards to the following employees:

The Commissioners congratulated and commended the employees on receiving the Customer Service Award.
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RETIREE RECOGNITION

The County Manager presented plaques of appreciation to the following employees who are retiring from Wake County Government after twenty-five or more years of service:

The Commissioners expressed appreciation for the work of the employees and extended best wishes for a long and happy retirement.

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ADDITIONAL REVENUE FOR HOUSING AND
COMMUNITY REVITALIZATION PROGRAM

The actual income for the Housing Community Revitalization Division of the Human Services Department exceeded budget by $245,206 for Federal Fiscal Year 2003, as a result of the sale of property to Habitat for Humanity ($15,000), additional housing rehabilitation loan payments and payoffs ($114,012), and a loan payoff from Self-Help Credit Union ($116,194).

Consistent with the intent of Housing Community Revitalization Division (FFY 2004 Action Plan approved by the Board of Commissioners June 7, 2004), the additional revenue will be used to repair substandard homes for five low-income families.

Upon motion of Commissioner Webb, seconded by Commissioner Bryan, the Board unanimously approved the acceptance of additional Community Development Block Grant revenue and instructed the Budget Office to revise the budget accordingly.
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AGREEMENT WITH SPRINT PCS FOR PLACEMENT OF
COMMUNICATIONS EQUIPMENT ON WAKE COUNTY’S RADIO
COMMUNICATIONS TOWER IN WAKE FOREST

On July 8, 2002, the Board of Commissioners approved a lease agreement with the Town of Wake Forest for the construction and operation of a 300-foot communications tower and equipment building on 0.68 acres of property owned by the Town. The Town leased this property to the County at no cost with the condition that the County would share with the Town any revenues generated from any nongovernmental entities who are allowed to use the tower. The towers were constructed by Wake County as part of the partnership between the County and the State Highway Patrol to provide countywide 800MHz radio communications coverage.

The County has received a request from Spring PCS to install antennas and a base station equipment building on the leased premises to provide cellular phone service to the Wake Forest area. The antennas would be located on the tower at an approximate height of 250 feet and the equipment building would require 240 square feet of the site. Sprint would be responsible for all costs associated with equipment installation, operation and maintenance. Sprint would also cover the costs of engineering analyses.

Sprint PCS has agreed to compensate the County $1,400 per month as rent for use of the tower and in accordance with the lease agreement, Spring has agreed to pay an additional $1,400 to compensate the Town of Wake Forest for their 50 percent share of the revenue for a total monthly rent of $2,8900. The term of the agreement shall be for a period of five years with an option to extend the agreement for an additional five-year term. The rent will be increased 15 percent for the renewal five-year term. Additional terms and conditions of the agreement will be subject to review and approval by the County Attorney. The proposed collocation of Sprint PCS equipment on this tower will be subject to approval by the Town of Wake Forest and the State Highway Patrol in accordance with the terms of the County’s previously executed agreements with these parties.

Pursuant to NC General Statute 160A-272, a notice regarding the Board’s intent to consider this lease was published ten days prior to this meeting.

Upon motion of Commissioner Council, seconded by Commissioner Jeffreys, the Board unanimously approved: 1) a lease agreement with Sprint PCS for the County-owned tower in Wake Forest at a monthly rate of $2,800 for an initial period of five years, with an option to extend the term for an additional five years; and 2) that the lease agreement shall be subject to terms and conditions acceptable to the County Attorney, Town of Wake Forest and State Highway Patrol and the requirements of NCGS 160A-272.

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REQUEST TO APPROPRIATE PLAN 2004 FUNDS
WAKE COUNTY BOARD OF EDUCATION

At the November 17, 2003 Board of Commissioners meeting, the Board approved a resolution appropriating the Plan of Record on the books of the County in the amount of $479.9 million. Approximately $48.7 million of Plan 2004 is unfunded at this time. It is anticipated that savings in school capital plans Phase IIIB and Plan 2000 may occur to close a portion of the funding gap.

The current funding request totals $27,522,172 and includes $3,613,828 for design, $18,308,530 for construction, and $5,599,814 of program contingency, commissioning, replacements, systemwides, and permits. This quarterly appropriation will cover projects from September through November.

This request was received at the August 2, 2004 meeting. At that time, there were no outstanding questions.

Upon motion of Commissioner Ward, seconded by Commissioner Gurley, the Board unanimously adopted a resolution approving the request from the Board of Education to appropriate Plan 2004 funds.

RESOLUTION R-04-34
APPROVING APPROPRIATION OF PLAN 2004 FUNDING
FOR SCHOOL CAPITAL BUILDING PROJECTS

WHEREAS, the Wake County Board of Education is engaged in a Long-Range Building Program; and,

WHEREAS, the Wake County Board of Commissioners has approved the projects listed below as part of the schools capital building program, and contracts have been or will be let for planning and design of services, and construction; and,

WHEREAS, the Wake County Board of Education has duly requested, through resolutions adopted June 15 and July 12, 2004, that the Board of Commissioners approve the appropriation of $27,533,172 to the Plan 2004 Building Program.

NOW, THEREFORE, BE IT RESOLVED that the Wake County Board of Commissioners hereby appropriates $27,522,172 to the following projects as listed below:


Project Description
Amount
Re-Roofing
$1,502,200
Systemwide Improvements
1,377,508
Carroll Middle
2,224,786
Ligon Middle
7,994,869
Panther Creek High
1,475,239
Holly Springs High
162,287
E14 Elementary
1,389,042
North Garner Middle
8,811,461
Broughton High
941,474
Educational Equipment Replacement
1,000,000
Furniture Replacement
400,000
Program Contingency
181,597
Permit Fees
61,709
Total Plan 2004 Appropriations
$27,522,172

Adopted this the 16th day of August 2004.
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REQUEST TO RE-ALLOCATE PLAN 2004 FUNDS
WAKE COUNTY BOARD OF EDUCATION

Knightdale High School is completed and is open for the 2004-2005 school year. While $39,860,845 of Plan 2000 funds were originally appropriated to Knightdale High, $7,136,192 has been transferred out of the project due to a favorable bid environment and the use of state bond funding from closed projects.

Cost of renovations at Daniels Middle are estimated to exceed the budget due to problems encountered with asbestos abatement. It has been projected that additional savings in the Knightdale High project will be sufficient to cover the asbestos problems at Daniels Middle.

The Board of Commissioners received this request at its August 2, 2004 meeting and there were no outstanding questions.

Upon motion of Commissioner Bryan, seconded by Commissioner Council, the Board unanimously approved the adoption of a resolution approving the Wake County Board of Education’s request to reallocate Plan 2000 funds.
RESOLUTION R-04-35
REALLOCATE FUNDS FOR PLAN 2004 SCHOOL CAPITAL PROJECTS

WHEREAS, the Wake County Board of Education is engaged in a Long-Range Building Program; and

WHEREAS, the Wake County Board of Education approved the project listed below as part of its Plan 2000 Building Program, and contracts have been or will be let for planning and design services and construction; and,

WHEREAS, the funding for the project listed below exceeds the amount needed, thereby allowing part of the funds to be reallocated; and,

WHEREAS, the Wake County Board of Education has duly requested, through a resolution adopted June 15, 2004, that the Board of Commissioners approve the reallocation of $150,000 within the Plan 2000 Building program.

NOW, THEREFORE, BE IT RESOLVED that the Wake County Board of Commissioners hereby reallocates funds as follows:

From:To:
Knightdale High
$150,000
Daniels Middle
$150,000
Plan 2000 Total
$150,000
Plan 2000 Total
$150,000

Adopted this the 16th day of August 2004.
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FEDERAL AVIATION ADMINISTRATION GRANT OFFER TO
RELOCATE TAXIWAY D TO EXPAND THE
TERMINAL C APRON (PHASE I)

The Raleigh Durham Airport Authority is planning to accept a grant offer from the Federal Aviation Administration (FAA) in the near term. Wake County, along with the City of Raleigh, Durham County and the City of Durham, are required to accept grant offers made by the FAA under the Airport Improvement Program.

The grant offer is for relocating a segment of the existing Taxiway D several hundred feet to the north such that the existing Terminal C Apron may be expanded, which in turn will provide a site to expand terminal facilities to the north of the existing Terminal C site. The Authority expects the grant amount to be $6,729,884.

Upon motion of Commissioner Jeffreys, seconded by Commissioner Ward, the Board unanimously approved acceptance of the grant offer from the Federal Aviation Administration to relocate Taxiway D to expand the Terminal C Apron (Phase I).
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REQUEST FROM WAKE COUNTY PUBLIC LIBRARIES TO
PURCHASE ELECTRONICS RIGHTS TO THE
GALE PUBLISHING DIGITAL ARCHIVE OF LITERATURE,
BIOGRAPHIC AND REFERENCE CONTENT

Wake County Public Library System has for several years leased access to a number of databases from Gale Publishing. The lease gives the County’s customers web access to Gale’s proprietary collections of literary criticism and biographical data. Annual lease costs have been grater than $90,000. County staff has been negotiating with Gale Publishing to purchase these databases which will be a considerable savings over the long term. Once the County has purchased the archive, only annual updates will be required. In a separate contract, Gale would continue to provide access to the data via their servers and update the database on a regular basis.

Upon motion of Commissioner Gurley, seconded by Commissioner Webb, the Board unanimously authorized the County Manager to enter into a multi-year purchase contract with Gale Publishing. The terms of the contract would allow for Wake County Public Libraries to finance the purchase to the electronic rights of material currently being accessed under an annual subscription over a three-year period.
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REIMBURSEMENT AGREEMENT
WITH RESEARCH TRIANGLE FOUNDATION
FOR UTILITY CONSTRUCTION

In accordance with the October 28, 2003 Memorandum of Agreement between Wake County, the Town of Cary and the Research Triangle Foundation, the County has responsibility for construction of all water and sewer infrastructure necessary for the development of the Wake County portion of Research Triangle Park.

The Research Triangle Foundation is currently working with a design consultant to finalize plans for the extension of Little Drive, which will provide access to six additional sites within RTP and cross the Interstate 540 project now under construction. Upon completion of the roadway construction by Research Triangle Foundation for Little Drive, the County will proceed with the installation of a 12” water line. County staff is requesting that certain items of work associated with the installation of approximately 820 feet of this 12” water line be included in Research Triangle Foundation's roadway contract for Little Drive. This segment of water line will cross the I-540 corridor and eliminate the need for the County’s contractor to cross the corridor in the future, thereby avoiding potential conflicts and costly construction constraints.

In addition, Research Triangle Foundation and the NC Department of Transportation have a road-widening project underway along Louis Stephens Drive at the intersection with Kit Creek Road in Research Triangle Park. It has been determined by NCDOT that a short segment of water line installed and owned by the County is in conflict with the roadway-widening project and will need to be relocated.

Both of these roadway projects are partially funded by the NC Department of Transportation and are therefore subject to the NC Statutes for competitive bidding. It is proposed that a Reimbursement Agreement be executed with the Research Triangle Foundation which would stipulate that the County reimburse Research Triangle Foundation for engineering and construction costs associated with the water lie construction along Little Drive and the relocation of the water line located on Louisa Stephens Drive. It is estimated that the reimbursement amount will not exceed $120,000. Funding for this work is included in the Capital Improvement Program under the water and sewer element.

Upon motion of Commissioner Council, seconded by Commissioner Bryan, the Board unanimously approved entering into a Utility Reimbursement Agreement with Research Triangle Foundation for the installation and modification of County-owned utilities in RTP for the estimated amount of $120,000 subject to terms and conditions acceptable to the County Attorney; and that the County Manager be authorized to execute the agreement on behalf of Wake County.
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PUBLIC HEARING
TO CONSIDER BOND ORDERS AUTHORIZING ISSUANCE
OF $40,000,000 OF GENERAL OBLIGATION BONDS FOR
WAKE TECHNICAL COMMUNITY COLLEGE AND
$26,000,000 OF GENERAL OBLIGATION BONDS FOR OPEN SPACE

The Chairman announced that this was the date and hour fixed by the Board of Commissioners for the public hearing upon the orders entitled: “ORDER AUTHORIZING $26,000,000 GENERAL OBLIGATION OPEN SPACE BONDS” AND “ORDER AUTHORIZING $40,000,000 GENERAL OBLIGATION WAKE TECHNICAL COMMUNITY COLLEGE BONDS” and that the Board of Commissioners would immediately hear anyone who might wish to be heard on the questions of the validity of any of said orders or the advisability of issuing any of said bonds.

Ms. Lide Anderson, PO Box 58186, Raleigh, NC 27658 appeared in person and stated her support of the bond order and issuance of Wake Technical Community College bonds; and Mr. Sig Hutchinson, 540 Brittany Bay, Raleigh, NC 27614, appeared in person and stated his support of the bond order and the issuance of Open Space bonds.

All of the foregoing statements were duly considered by the Board of Commissioners. Thereupon, upon motion of Commissioner Webb, seconded by Commissioner Ward, the order Introduced and passed on first reading on August 2, 2004 entitled “ORDER AUTHORIZING $26,000,000 GENERAL OBLIGATION OPEN SPACE BONDS” was read a second time by title and placed upon its final passage. The vote upon the final passage of said order was:

Ayes: Commissioners Bryan, Council, Gurley, Jeffreys, Ward, Webb and Chairman Gardner
Noes: None

The Chairman then announced that the order entitled “ORDER AUTHORIZING $26,000,000 GENERAL OBLIGATION OPEN SPACE BONDS” had been adopted.

Thereupon, upon motion of Commissioner Webb, seconded by Commissioner Ward, the order introduced and passed on first reading on August 2, 2004 entitled: “ORDER AUTHORIZING $40,000,000 GENERAL OBLIGATION WAKE TECHNICAL COMMUNITY COLLEGE BONDS” was read a second time by title and placed upon its final passage. The vote upon the final passage of said order was:

Ayes: Commissioners Bryan, Council, Gurley, Jeffreys, Ward, Webb and Chairman Gardner
Noes: None

The Chairman then announced that the order entitled “ORDER AUTHORIZING $40,000,000 GENERAL OBLIGATION WAKE TECHNICAL COMMUNITY COLLEGE BONDS: had been adopted.

The Clerk to the Board of Commissioners was thereupon directed to publish each of said orders, together with the appended statement attached to each as required by The Local Government Bond Act, as amended, once in The News & Observer.

Thereupon Chairman Gardner introduced the following resolution, a copy of which had been provided to each Commissioner and which was read by title:
RESOLUTION R-04-36
CALLING A SPECIAL BOND REFERENDUM

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

1. This Board hereby calls a special bond referendum with respect to the Bond Orders and fixes the date thereof as November 2, 2004.

2. The Clerk to the Board of Commissioners shall cause a notice of special bond referendum to be published in The News and Observer once at least fourteen days before October 8, 2004 (being the last day on which persons may register for said referendum) and once again not less than seven days before said day.
3. The form of the questions on the ballots shall be as follows;
#1



[ ] Yes [ ] No

#2


[ ] Yes [ ] No

4. The form of the ballots to be used in the voting machines at said referendum and in the instructions of absentee voters shall be substantially as follows:

[Ballot form begins on next page]

________

OFFICE BALLOT
SPECIAL BOND REFERENDUM
COUNTY OF WAKE, NORTH CAROLINA

November 2, 2004

Instructions

1. To vote FOR a bond order, complete the arrow pointing to the right of the word “YES” for
that order.

2. To vote AGAINST an order, complete the arrow pointing to the right of the word “NO” for
that order.

3. If you tear or deface or wrongly mark this ballot, return it and get another.
#1

#2

[Facsimile of signature]

John Gilbert, Ph.D.
Chairman of Wake County Board of Elections,
North Carolina

4. The Clerk to the Board shall mail or deliver a certified copy of this resolution to the Wake County Board of Elections within three days after the adoption hereof.

5. This resolution shall take effect upon its passage.

Thereupon, upon motion of Commissioner Webb, seconded by Commissioner Ward, the foregoing resolution entitled: “RESOLUTION CALLING A SPECIAL BOND REFERENDUM” was passed by the following vote:

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

Noes: None

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REQUEST FROM THE WAKE COUNTY BOARD OF ELECTIONS
TO CHANGE AN INFORMATION TECHNOLOGY SPECIALIST POSITION
FROM .6 TO 1.0

Chairman Gardner recognized Cherie Poucher, Director of the Wake County Board of Elections, to comment on the request that the Board of Commissioners consider changing the full-time equivalency of an Information Technology Specialist from .6 to 1.0. This request has been prompted by the implementation of the changes to the Wake County Compensation and Classification Plan which has resulted in this position moving from a classification of non-exempt to exempt.

The Board of Elections believes that the demands for this position will continue to require a minimum of forty hours per week. The research indicates that if the maintenance on the elections equipment work was contracted out to a vendor it would cost $60,000 and that would be in addition to the cost of programming, testing and certifying the equipment prior to each election.

Upon motion of Commissioner Ward, seconded by Commissioner Webb, the Board unanimously approved the Wake County Board of Elections’ request to change the full-time equivalency of an Information Technology Specialist position from .6 to 1.0.

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REPORT ON COMMUNITY USE OF SCHOOL FACILITIES
NEW GOVERNMENTAL USE AGREEMENT

Chairman Gardner recognized Mr. Doug Longhini, Director of Community Services, to make introductory comments on the report on community use of school facilities. Mr. Longhini stated that the School System, County and municipalities have worked for over six months to formulate a new approach that would allow governmental use/scheduling of school system fields/outdoor facilities at no cost to the governmental unit. In exchange the governmental unit will maintain the property, make long-term investments and adhere to an open communication program with school system designees. The Board of Education has approved the program and municipalities are beginning to execute agreements to use the facilities.

Dr. Luther Cherry, Associate Superintendent, Wake County Public School, was then recognized to give more details about the new agreement. He outlined the preamble to the proposed Level 4 regarding municipalities’ scheduling and use of school fields/outdoor facilities, noting that all schools will not be used and be a part of the agreement:


Following a brief question/answer period, the Commissioners received the report as presented.
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PUBLIC COMMENT

The Wake County Board of Commissioners desires to hear from the public about the services and operations of Wake County government. It is for that reason a time certain (3:00 p.m.) has been determined for public comment.

Chairman Gardner announced that there were no requests to comment before the Board. He then declared the public comment portion of the meeting closed.

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REQUEST FROM WAKE COUNTY PUBLIC SCHOOLS FOR
APPROVAL OF MULTI-YEAR CAPITAL LEASE

State law prohibits the Board of Education from entering into contracts for the purchase of certain capital items without prior approval from the Board of Commissioners. Board approval in the form of a resolution is a commitment to appropriate funds in subsequent fiscal years sufficient to meet the obligations of the contract. Should the Board of Commissioners approve the resolution, the Board of Education is required to appropriate the current year’s portion from the existing funds, and in future years, from resources appropriated to them by the Board of Commissioners.

Mr. Keith Cooper, Technology Services, Wake County Schools, was recognized to present information on the request. He reported that the Information Technology staff of the Wake County Public Schools is preparing to purchase new DASD devices. The revised amounts were presented which calls for four annual payments of $475,606 due at the beginning of each year, with the first payment due in September 2004. The lowest interest rate was through Koch Financial at 3.85 percent. (The prior contractor, IBM Credit Corporation offered financing at 5.15 percent.) The revised proposal for the new contract is as follows:

The request included that the final installment of the existing financing would be refinanced in the new lease. The interest component would also be included, which would have the School System refinancing existing debt plus refinancing interest costs.

Wake County Budget and Management in their review recommended using fund balance instead of financing or a combination of fund balance and financing. Those recommendations were based on achieving the most cost-effective purchase of the new equipment rather than how to accomplish the purchase within available appropriations.

The Commissioners received the report. There were no outstanding questions and the request will be placed on the September 20, 2004 consent agenda.

The Commissioners also requested that at some time in the near future, possibly at a joint Commissioners-School Board luncheon meeting, that the impact of State cuts on the Wake County Public School System that have occurred this year be discussed.
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REQUEST FROM WAKE COUNTY PUBLIC SCHOOLS FOR
APPROVAL OF MULTI-YEAR OPERATING LEASE

On November 5, 1999, the Wake County Board of Education entered into a five-year lease for 58,075 square feet of office space for the Harriet B. Webster Administrative and Training Facility at 4401 Atlantic Avenue in Raleigh. The annual lease fluctuates for variations in operation expenses which are remitted as part of the lease with the most recent year’s lease cost approximately $770,650. This lease averages $13.27 per square foot and will expire April 2005.

In the process of renegotiating the current lease, Wake County School staff learned that the market lease rates allow for an increase in leased space without a significant increase in cost per square foot. On July 12, 2004, the Board of Education approved a new six-year lease with Corning Road, LLC, for 74,201 square feet of space in the Crossroads Office Park located in Cary.

The Wake School System plans to relocate the facility to the Crossroads Office Park with other divisions possibly being collocated at some point in the future. One key provision of the lease would allow for 6,000 square feet of the new space to be available as of June 30, 2004, for a new recruitment center for teachers and other employees. This space would be provided free of any rental cost until May 2006, and the remaining space to be available at no rental cost from May 2005, until May 2006. The total area would be leased for six years from May 2005 until April 2011 at a cost of $5,936,080 including operating expenses. This is an average of $13.33 per square foot over the six years that the space would be occupied. This lease includes an option to renew for an additional five-year period.

The Commissioners received the report from the Wake County Schools. There were no outstanding questions and the request will be placed on the September 20, 2004 consent agenda.

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APPROVAL OF CONTRACT AWARD FOR CONSTRUCTION OF
VITAL RECORDS OFFICE WAKE COUNTY
GARLAND JONES BUILDING THIRD FLOOR

The Vital Records Office generally includes the storage and management of all County birth and death records. They issue certified copies of these records and assist the public with access and research into these records. County staff determined that there was insufficient space in the Sunnybrook facility to meet the long-term space requirements of Vital Records. Alternative solutions were explored and a determination was made to move the Vital Records program to a more appropriate location.

Since the Register of Deeds specializes in managing and maintaining other public records the logical alternative for relocating Vital Records was to consider their consolidation with the Register of Deeds. In early 2004, the Register of Deeds agreed to accept these additional responsibilities and combine the operations of Vital Records with Marriage, License, contingent on an acceptable location being found to accommodate both service groups. The third floor of he Garland Jones Building, adjacent to existing Register of Deeds operations, was identified as the preferred location that could be renovated to support both services. It is anticipate that Register of Deeds will take over the managing and maintaining of the Vital Records in December 2004.

In late spring of 2004, bids were received and a contract was awarded to abate all asbestos containing materials on the third floor of the Garland Jones Building and prepare the floor for renovation work projected to start in September.

In accordance with NC General Statutes competitive bid proposals were received on August 5, 2004, from contractors for construction in the Garland Jones Building to house Vital Records/Marriage License programs. Staff recommends award of the construction contract to the lowest responsible bidder.

Upon motion of Commissioner Ward, seconded by Commissioner Council, the Board unanimously approved award of construction contract in the amount of $322,490 to J.D. Beam, Inc. of Raleigh, NC, the lowest responsible bidder, for renovating the third floor of the Garland Jones Building for Vital Records Office.
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APPROVAL OF STANDARD STATUS FOR THE
WAKE COUNTY WORK FIRST BLOCK GRANT PLAN

Federal regulations governing the Temporary Assistance for Needy Families program (TANF) require the State to submit biennial plans that describe the operation of its TANF programs. The primary assistance program in North Carolina is the Work First Program. Since the Work First program is administered locally in each county, North Carolina law requires each county to submit a County Work First Block Grant Plan every two years. New county plans for federal fiscal year 2005-2007 will be due to the State by November 1, 2004. The plan must be approved by the Board of County Commissioners.

As part of the planning process, each county must decide if it wants to be recognized as a Work First Standard County or Electing County and notify the State by September 30, 2004. Standard Counties adopt and follow State guidelines for Work First. Electing Counties have the opportunity to define their own eligibility criteria and benefit levels. County Commissioners must approve requests for Electing or Standard status with at least three-fifths majority vote.

Upon motion of Commissioner Bryan, seconded by Commissioner Council, the Board unanimously approved Standard County status for Wake County’s Work First Block Grant Plan.
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REQUEST FOR APPROVAL TO RECEIVE FUNDS THROUGH
NORTH CAROLINA DEPARTMENT OF HEALTH AND
HUMAN SERVICES/DIVISION OF PUBLIC HEALTH FOR
EARLY INTERVENTION SERVICES

Early Intervention is a system of services designed to support children who are birth to three who are at risk for developmental delays or have diagnosed delays or behavioral concerns and their families. Early Intervention providers include early childhood educators, physical therapists, occupational therapist speech and language therapist and health professionals.

Mr. Bob Sorrels and Ms. Patti Beardsley of Human Services presented information on early intervention services in the County. It was reported that there is already an effective coordinating entity here in Wake County; however, during fiscal year 2004-2005 lead agency roles and responsibilities are transitioning from Wake County Human Services to the State Children's Developmental Service Agency. Wake County Human Services has been awarded a contract for $431,000 by the Department of Public Health to assure the continuation of services for children and families eligible for early intervention during this transition period. Wake County Human Services will: 1) assure children receive services from Wake County Human Services and/or contracted community agencies, and 2) recruit new service providers; 3) authorize services and pay for services with the $431,000 allocation; and 4) monitor service delivery for quality and appropriate use of funds.

Upon motion of Commissioner Ward, seconded by Commissioner Council, the Board unanimously approved a non-recurring allocation totaling $431,000 for Wake Early Intervention Services, and authorized the Chairman of the Board to sign the related contract upon approval of the County Attorney on the final wording. Further, the Board approved that a letter be written, for the Chairman’s signature, to Secretary Odom of the North Carolina Department of Health and Human Services and to the Wake Delegation in support of keeping early intervention services and the State funding in the County.
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INTERLOCAL AGREEMENT WITH THE TOWN OF CARY
FOR THE OPERATION OF THE CAPITAL AREA SOCCER PARK

On May 3, 2004, the Board of Commissioners approved an action to authorize the County Manager to enter into an Interlocal Agreement with the Town of Cary for the operation of the Capital Area Soccer Park in accordance with certain terms and conditions.

After the Board’s approval, the County Attorney drafted an Interlocal Agreement with those terms and conditions. The Cary Town Council discussed the draft and raised a concern about the agreement as it relates to unknown or unforeseen conditions, which would make the net costs of the soccer park greater than $300,000 per year.

The County Attorney has prepared an amendment to the language to address the Town of Cary’s concern.

Upon motion of Commissioner Bryan, seconded by Commissioner Ward, the Board unanimously approved the Interlocal Agreement with Cary and authorized the County Manager to sign the agreement with the final wording to be approved by the County Attorney.

NORTH CAROLINA INTERLOCAL AGREEMENT

WAKE COUNTY

This INTERLOCAL AGREEMENT is dated as of _______________, 2004, between the TOWN OF CARY (“Cary”), a municipal corporation and public body politic of the State of North Carolina and WAKE COUNTY (the “County” or “Wake”), a body politic and a political subdivision of the State of North Carolina, collectively referred to as the “Parties”.
RECITALS

WHEREAS, the County owns a recreational facility known as the SAS Soccer Park (the “Park”), located in Cary; and,

WHEREAS, the land upon which the Park is located is owned by the Sate of North Carolina (the “State”), leased to the County, and sub-leased (the “Sub-lease”) to CASL Soccer Properties, LLC (“CASL”); and,

WHEREAS, CASL has notified the County that it intends to abandon its sub-tenancy and surrender all rights under the Sub-lease to the County; and,

WHEREAS, Cary is willing to undertake to operate and maintain the Park and to assume the rights and obligations of CASL stated in the Sub-lease; and,

WHEREAS, the County is willing to assist Cary in a portion of the operating costs of the Park for a period of three years; and,

WHEREAS, the Parties desire to enter into this Agreement pursuant to statutory authority authorizing interlocal agreements, N.C.G.S. 160A-460 to 464.

NOW THEREFORE, for and in consideration of the mutual promises and covenants contained in this Agreement, the sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. The County will accept CASL’s surrender of the Sub-lease effective no later than ______________, and will execute any documents reasonably required to effectuate that surrender. 2. Beginning ______________, Cary will assume operation and maintenance of the Park and will accept, as its own, the rights and obligations of CASL under the Sub-lease, except as those rights and obligations are modified by this Agreement.

3. Cary may, in its sole discretion, sub-contract any or all of its obligations under this Agreement to a third party, or parties, but Cary will remain responsible for the execution of the rights and responsibilities of the Sub-lease.

4. For a period of three fiscal years, beginning ______________, the County and Cary will each pay one half of the net costs of operating and maintaining the Park. Net costs shall be those costs reasonably necessary to operate and maintain the Park to the standards established in the Sub-lease, less any gross revenues received by Cary for naming rights to the Park and any net revenues received in any way from the Park. It is anticipated that this expenditure will not, for either Party, exceed $150,000 in any fiscal year. The County Manager and Cary Town Manager shall establish a process for review and approval of expenses and revenues related to the Park.

5. In recognition of the County’s $14,500.000 capital investment in the Park, Cary agrees that the Park will be operated for the benefit of all County citizens. No County citizens will be denied use of the Park based upon residency outside the Town of Cary.

6. The County acknowledges that execution of this Agreement by Cary will not in any manner affect the County’s consideration of any application by Cary for funding of projects with proceeds of the County’s prepared food tax and/or hotel and motel occupancy tax.

7. Except as provided herein, no portion of this Agreement may be assigned without the written approval of both Parties.

8. This Agreement shall continue for a period of three years.
9. No provision of this Agreement shall be construed or interpreted as creating a pledge of the faith and credit of a party to this Agreement within the meaning of any constitutional debt limitation. No provision of this Agreement shall be construed or interpreted as delegating governmental powers nor, as a donation or a lending of the credit of any party to this Agreement within the meaning of the State Constitution. However, to the extent allowed by State law, the parties agree to be bound by all payment obligations incurred herein and to appropriate in future year’s sufficient monies to pay those obligations.

No provision of this Agreement shall be construed to pledge or to create a lien on a class or source of any party’s moneys, nor shall any provision
of the Agreement restrict to any extend prohibited by law any action or right of action on the part of any future governing body of a party to this
Agreement. To the extent of any conflict between this Article and any other provision of this Agreement, this Article shall take priority. It is the
intention of the parties to be bound hereby to the full extent of law provided by Part 1, Article 20, Chapter 160A of the North Carolina General
Statutes.

10. If any provision of this Agreement shall be determined to be unenforceable, that shall not affect any other provision of this Agreement. Subject to the specific provisions of this Agreement, this Agreement shall be binding and inure to the benefit of and be enforceable by the Parties and their respective successors and assigns. This Agreement constitutes the entire contract between the Parties, and may not be changed except in writing signed by both Parties.

IN WITNESS WHEREOF, pursuant to resolution adopted by the governing board of each party as required by N.C.G.S. 160A-461, the parties have caused this Agreement to be executed in their corporate names by their duly authorized officers, all as of the date first above written.
(SIGNATURES)

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REVISION TO THE BOARD OF COMMISSIONERS’
2004 REGULAR MEETINGS SCHEDULE

Upon motion of Commissioner Council, seconded by Commissioner Webb, the Board unanimously approved the cancellation of the Tuesday, September 7, 2004, Board of Commissioners meeting. The next regularly scheduled meeting is Monday, September 20, 2004.
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COMMITTEE REPORTS

Commissioner Ward, Chairman of the Human Services Committee of the Board of Commissioners, announced that the August 25, 2004, Human Services Committee meeting has been cancelled due to the North Carolina Association of County Commissioners' Annual Conference. Staff will be looking at scheduling another meeting in the near future.
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Commissioner Webb, Chairman of the Public Safety Committee of the Board of Commissioners, reported that the Committee recently met to consider the County's Noise Ordinance. The County Attorney was requested to draft a revised ordinance incorporating the discussion in Committee. The Committee will review the draft before making a recommendation for consideration by the full Board.
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Commissioner Jeffreys, the Board's representative to the Raleigh-Wake Ten-year Plan to End Homelessness Steering Committee, reported that the Committee had met several times since the Board of Commissioners last meeting. The consultant’s report, focusing on prevention, is scheduled to be completed in October.
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OTHER BUSINESS

Chairman Gardner made the following announcements:

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CLOSED SESSION

Commissioner Ward moved to go into closed session to instruct staff regarding the terms and conditions of contracts for purchase of real estate for open space projects: easement owned by Son-Lan Development of approximately 8.7 acres, and easement owned by Melvin J. and Virginia Doyle of approximately 5.0 acres; and to consult with the Attorney to protect the attorney-client privilege. The motion was seconded by Commissioner Bryan and was unanimously approved.

Following the business in closed session, Chairman Gardner called the meeting back into regular session.
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ACQUISITION OF PROPERTY
OPEN SPACE NEUSE RIVER PRESERVATION PROJECT

Upon motion of Commissioner Jeffreys, seconded by Commissioner Council, the Board unanimously authorized staff to proceed with the following acquisition to support the development of the Open Space Neuse River Preservation Project, and that the County Manager be authorized to execute contract behalf of Wake County for the purchase of said property:
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ACQUISITION OF PROPERTY
OPEN SPACE CEDAR FORK CREEK
PRESERVATION PROJECT

Upon motion of Commissioner Jeffreys, seconded by Commissioner Webb, the Board unanimously authorized staff to proceed with the following acquisition to support the development of the Open Space Cedar Fork Creek Preservation Project, and that the County Manager be authorized to execute contract on behalf of Wake County for the purchase of said property:
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There being no further business to come before the Board at this time, Chairman Gardner adjourned the meeting at 5:05 p.m., upon the motion of Commissioner Council, seconded by Commissioner Webb and the unanimous vote of the Board.

Gwen Reynolds
Clerk to the Board