ITEMS FOR CONSENT
Upon Motion by Commissioner Webb, seconded by Commissioner Brown, the Board voted unanimously to approve the items for consent.
AUTHORIZATION OF THREE-MULTI-YEAR PRE-POSITION CONTRACTS
TO PROVIDE DISASTER DEBRIS CLEARANCE AND REMOVAL SERVICES
Specific Action Approved: The Board of Commissioners authorized the County Manager to negotiate and execute three multi-year pre-position contracts, subject to terms and conditions acceptable to the County Attorney, for disaster debris clearance and removal services with the following companies:
· Phillips & Jordan (primary)
· Ashbritt Environmental (secondary)
· Crowder- Gulf (secondary)
AWARD OF CONTRACT FOR DEMOLITION AND ASBESTOS ABATEMENT
FOR A PORTION OF THE SEVENTH FLOOR OF THE COURTHOUSE
Specific Action Approved: The Board of Commissioners awarded a contract for the Courthouse seventh floor demolition and asbestos abatement in the amount of $532,325 to the firm Demolition and Asbestos Removal Inc.
AGREEMENT WITH THE NORTH CAROLINA BALLET FOR
THE APPROPRIATION OF OCCUPANCY AND
PREPARED FOOD TAX REVENUES
County Manager David Cooke presented the agreement with the Carolina Ballet. Lisa Jones and Brent Barringer were present for questions. The original project scope included buying a facility to house the ballet. The Ballet came back and asked to change the scope of funding to be for costumes and scenery which has already been approved by the Commissioners and the Raleigh City Council. The total funding for the Ballet is for $250,000 which $150,000 was paid this year with $100,000 to be paid next year. The agreement also includes a payment schedule. The Ballet representatives will report back to the Board on the use of the funds.
Upon motion by Commissioner Ward, seconded by Commissioner Brown, the Board voted unanimously to authorize the County Manager to enter into a Memorandum of Agreement with the North Carolina Ballet for funding from the Occupancy and Prepared Food Tax Revenues.
STATE OF NORTH CAROLINA
COUNTY OF WAKE AGREEMENT
Draft as of October 9, 2007
This Agreement entered into this 15th day of October 2007, by and between the County of Wake (County) and the North Carolina Ballet (the Ballet).
WHEREAS, the Ballet submitted a request for funding to support the purchase of a rehearsal and studio facility located in North Raleigh (attached hereto as “Attachment A); and,
WHEREAS, the Ballet seeks public funding to help fund the acquisition of a rehearsal and studio facility; and,
WHEREAS, the acquired facility will continue to enhance the cultural and arts facilities and services in Raleigh and Wake County; and,
WHEREAS, the County has levied room occupancy and prepared food and beverage taxes as allowed by law, and,
WHEREAS, the County and the City of Raleigh (the “City”) entered into an agreement entitled “A Revised Interlocal Agreement Between Wake County and the City of Raleigh Regarding Use of Countywide Room Occupancy and Prepared Food and Beverage Taxes dated September 5, 1995” (the “Revised Agreement”), setting out the projects to receive funding from these taxes; and,
WHEREAS, on September 19, 2005 the County and City approved the Tenth Amendment to the Revised Agreement (attached hereto as “Attachment B” to provide funding up to two hundred fifty thousand dollars ($250,000) for acquiring the facility; and,
WHEREAS, in August 2007 the Ballet revised its request (attached hereto as “Attachment C”) to seek public funding to assist with the purchase design and construction of scenery and costumes for the Ballet’s recent productions of Monet Impressions and other ballet performances in the 2007 through 2008 seasons; and,
WHEREAS, on September 4, 2007 the Wake County Board of Commissioners approved the revision to the request; and,
WHEREAS, on September 5, 2007 the Raleigh City Council approved the revision to the request; and,
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein the County and the Ballet agree as follows:
Executed as of the day and year first written above.
|1.||The Ballet seeks public funding equaling $250,000 to assist with the purchase design and construction of scenery and costumes for the North Carolina Ballet’s recent productions of Monet Impressions and other ballet performances in the 2007 through 2008 seasons. These items will remain as long-term, capital assets of the North Carolina Ballet and be utilized in future seasons. |
|2.||The parties acknowledge that funding commitments from sources other than City and County will exceed the two hundred and fifty thousand dollars ($250,000) provided by this agreement.|
|3.||Funding provided under this agreement will only be used for the scenery and costume costs as outlined in “Attachment C.”|
|4.||This agreement is designed to provide funding from the County to the Ballet in the amount of two hundred and fifty thousand dollars ($250,000) payable through County Fiscal Year 2009 (July 1, 2007 to June 30, 2009).|
|5.||The term of this Agreement shall commence on the effective date hereof and shall continue for through fiscal year 2009. Payments will be made in lump sums. All payments are subject to the provisions outlined in paragraph number six (6) of this agreement.|
Payment AmountPayment Date
150,000Lump Sum, within fifteen days of execution of this agreement
100,000Lump Sum, no later than September 30, 2008
|6.||The Ballet will provide a report as to the status of the design and construction of the scenery and costumes to the County by March 31, 2008. The annual report will contain an overview of the completed work and approximate costs incurred to date.|
|7.||It is the expectation of the Ballet and the County that the purchase design and construction of scenery and costumes will be completed on or before [Need Ballet to provide a date]. |
|8.||The County and the Ballet agree that the Ballet will not request future operating funds for the ongoing operations or maintenance of the Ballet from the County.|
|9.||This Agreement shall be governed by and enforceable in accordance with the laws of the State of North Carolina. This Agreement contains all of the promises, agreements, conditions, inducements and understandings between the County and the Ballet concerning the subject matter hereof and there are no promises, agreements, conditions, understandings, inducements, warranties or representations, written, express or implied, between them other than as expressly set forth herein.|
|10.||This Agreement may not be assigned without the prior written consent of both parties.|
|11.||The parties hereto are and shall at all times, be independent and this Agreement shall not in any way create or form a partnership or joint venture between the parties.|
|12.||Any provision of this Agreement, the performance of which requires that it be in effect after the expiration of the term or the earlier termination of this Agreement, shall survive such expiration and/or termination and shall remain operative and in full force and effect.|
|13.||This Agreement may be terminated with the consent of both parties.|
|14.||The County reasonably believes that funds sufficient to make all payments during the term of this Agreement can be obtained. The County Manager shall include in the initial proposal for each of the County annual budgets during the term of this Agreement the amount of all payments coming due during the Fiscal Year to which such budget is applicable. |
|Notwithstanding that the County Manager includes an appropriation for payments due under Section 6 of this Agreement in a proposed budget; the County may terminate its obligations hereunder without penalty by not appropriating sufficient funds to make the payments. In the event the Board of County Commissioners determines not to appropriate in the County's budget an amount sufficient to pay all payments coming due under this Agreement in the applicable Fiscal Year, the Board of County Commissioners shall adopt a resolution specifically deleting such appropriation from the proposed budget for that Fiscal Year, stating the reasons for such deletion, and identifying the vote of each commissioner upon the resolution. A copy of such resolution shall be sent to the Foundation within ten (10) days of its adoption by the Board. The County expressly agrees not to exercise its option not to appropriate funds under this Agreement for its convenience or to circumvent the requirements of this Agreement.|
|15.||The Ballet agrees, to the extent permitted under North Carolina law, to defend, indemnify, and hold harmless the County, from all loss, liability, claims or expense (including reasonable attorney’s fees) arising from bodily injury, including death or property damage to any person or persons caused in whole or in part by the negligence or willful misconduct of the Ballet, except to the extent same are caused by the negligence or misconduct of the County.|
North Carolina Ballet
3401-131 Atlantic Avenue
Raleigh, North Carolina 27604
Lisa Jones, Executive Director
COUNTY OF WAKE
PO Box 550
Raleigh, North Carolina 27602
David Cooke, County Manager
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act.
ADOPTION SCHEDULES OF VALUES FOR
2008 COUNTYWIDE REVALUATION
Mr. Emmett Curl, Revenue Director, said this is the final step in adoption of the Schedule of Values. He reviewed the public hearing and meetings as required by General Statute.
Upon motion by Commissioner Webb, seconded by Commissioner Gardner, to issue an order adopting the Schedules of Values for 2008 countywide revaluation including any changes and recommendations and to direct the Revenue Director to publish an ad in the newspaper once a week for the next four weeks stating schedules have been adopted and are open for inspection in the Revenue Department.
Commissioner Bryan asked if these notices would run in smaller community newspapers besides the News and Observer. Mr. Curl said the notices would run in the News and Observer according to the General Statute requirements. Commissioner Brown asked if an effort could be made to place these notices in the smaller community papers. Mr. Curl said if that was the Board’s desire he would make an effort to get it in the other papers.
The motion passed unanimously.
ORDER ADOPTING FINAL
UNIFORM SCHEDULES OF VALUES,
STANDARDS AND RULES FOR
2008 COUNTYWIDE REVALUATION
WHEREAS, pursuant to G.S. 105-286, Wake County will reappraise all real property in accordance with the provisions of G.S. 105-283 and G.S. 105-317; and
WHEREAS, pursuant to the provisions of G.S. 105-317, the Revenue Director for Wake County has submitted proposed Uniform Schedules of Values, Standards and Rules to the Board of Commissioners, which proposed Schedules have been considered at a public hearing; and
WHEREAS, a notice has been published in The News and Observer of the submission to the Board of Commissioners of the proposed Schedules and the notice of public hearing; and
WHEREAS, the Board of Commissioners has adopted the final Schedules, pursuant to the provisions of G.S. 105-317;
NOW, THEREFORE, IT IS ORDERED that the final Uniform Schedules of Values, Standards and Rules attached to this Order are approved for use in appraising real property at its true value and at its present-use value as of January 1, 2008. A notice of the adoption of this Order shall be published once a week for four successive weeks in The News and Observer and the final Schedules shall be available for public inspection at the Office of the Revenue Director, Lower Level, 300 S. Salisbury Street, Raleigh, North Carolina.
This 15th day of October, 2007.
Tony Gurley, Chairman
Wake County Board of Commissioners
Action on this item was postponed until the next regular meeting on November 5, 2007.
REALLOCATION OF CIP 2006 FUNDS (SECOND READING)
DISPOSITION OF COUNTY-OWNED SURPLUS PROPERTY LOCATED AT
1109 BUCKINGHAM ROAD IN GARNER, NC
Mr. Mike Aull presented the request to surplus the county-owned property located at 1109 Buckingham Road in Garner. He stated that in 1994 Wake County purchased a residential dwelling located at 1109 Buckingham Road in Garner for $94,000. The approximate 2,500 square foot dwelling was acquired for purposes of providing temporary shelter for 5 12-year old male and female youths pending placement by Human Services in a more appropriate setting based upon their individual needs. It was determined that these needs could be met by the placement of these children in foster care; therefore, in 2000, the program was discontinued. Upon discontinuing this program, the house was rented to Carolina Behavioral Health, a contracting agency providing services for children with therapeutic mental health needs. Carolina Behavioral Health changed its legal operating name to AARO and continued to lease the property. In August 2006, AARO's State operating license was pulled by the Human Services Local Managing Entity, and in September 2006 the lease was terminated. In addition to problems associated with program operation, AARO had a history of rent nonpayment leading to questions about their ability to provide adequate program funding. Wake County Human Services has determined that it has no further identified needs for the property.
Commissioner Ward asked what happened to the children in the Carolina Behavioral Health when the funds were pulled from this program. Mr. Aull said the funding was not discontinued but the license was pulled from the program. He stated Bob Sorrels, with Human Services, could provide the information about the children.
Upon motion by Commissioner Brown, seconded by Commissioner Gardner, the Board voted unanimously to declare the property located at 1109 Buckingham Road in Garner, NC (Tax ID# 0084466) as surplus County property and to direct staff to solicit offers for the purchase of the property in accordance with NC General Statute §160A-269.
Mr. Aull said they would solicit offers on the property and then return to the Board for action.
LAND ACQUISITION FOR AN ELEMENTARY SCHOOL AND
FUTURE MIDDLE SCHOOL IN FUQUAY VARINA (E-27)
Ms. Betty Parker, Real Estate Services for Wake County Public Schools System (WCPSS), presented a school site for E-27 within the target ring. She stated staff worked with Fuquay-Varina Town Hall staff to see if they were aware of any properties available. The best site was determined to be located on Herbert Akins Road. They discussed the town needs with staff of Fuquay-Varina. With 44.78 acres available on this site, there was flexibility of use of the site. This site could be used for two school sites, one elementary and one middle school. Town Manager Hedrick said the town supports this proposal. Ms. Parker proposed using this site for two schools with an intermediate use of space for a town park until ready to proceed with the middle school. They need the North Carolina Department of Transportation (NCDOT) to see if the road improvement costs to provide an additional access for Herbert Akins Road are within an acceptable range should additional access improvements be required by NCDOT to accommodate both an elementary and middle school. There needs to be a determination that with any final NCDOT recommendations, the prototype middle school will still work on the site. They also need assurance that the costs of stormwater management for the additional middle school would be within an acceptable range. If this does not work, Ms. Parker will work with Fuquay on other sites. She stated how much she appreciated the Town staff and officials cooperation.
The Town of Fuquay-Varina has indicated that if the site is determined to not be a cost effective use for a middle school, the Town has indicated willingness to partner with the Wake County Public Schools System I the acquisition of the property for future Town Community Park. The Town supports the partnership with the schools for this property to be a future school site or and for future school and park acquisition opportunities in the Town’s jurisdiction.
On June 5, 2007, the Wake County Board of Education entered into an agreement for the purchase of approximately 44.78 acres for an Elementary School (E-27) at a price of $50,000 per acre, totaling $2,239,000. The property has been appraised by a State Certified MAI appraiser for purposes of supporting the contract purchase price of $50,000 per acre. A copy of this appraisal has been provided to the Commissioners.
There are currently three (3) options available to WCPSS for the acquisition of this property:
1) Acquire the 44-acre site as proposed and maintain ownership of the entire property for a collocated elementary school and a future middle school, if it is determined that it is a cost effective middle school site. In the interim period the middle school site would be used by the Town of Fuquay-Varina for parks and recreation purposes.
2) Should it be determined that building a middle school at this location is not cost effective, subdivide the proposed park site from the elementary school site and enter into an interlocal agreement with the Town for cost sharing in the acquisition of the property.
3) Should the Town be unable to commit the funding necessary for the partnership with WCPSS to purchase this property, and a middle school is not feasible in this location, subdivide the proposed park site from the elementary school site and dispose of the site as surplus property by the WCPSS.
The following summarizes the availability and anticipated improvements required to support site development:
Water is available along Herbert Akins Road south of the site near James Slaughter Road and will need to be extended. Estimated cost for the extension of water service is $170,000. Sewer will be brought to the northwestern corner of the property by the Town of Fuquay-Varina in conjunction with other development in the area. As is typical for new school construction, NCDOT will recommend that the total length of the school property along Herbert Akins Road be widened to three lanes with curb-and-gutter and sidewalk for the elementary school. Estimated cost for these road improvements is $185,000.
WCPSS typically budgets $375,000 for off-site infrastructure for new elementary schools and $650,000 for new middle school off-site infrastructure. The off-site infrastructure costs shown above total $355,000. Additional information and due diligence will need to occur to adequately determine the ability and costs to co-locate an elementary and middle school. It is anticipated that co-location would be a cost savings in terms of the off-site infrastructure cost.
Site Concept Plans are attached that depict the layouts of the site and proposed configuration of site components for both the Elementary and Town Community Park concept and the Elementary and Middle School concept.
The elementary school is scheduled to open for the Fall 2009 School Year.
Chairman Gurley said this is an excellent proposal in partnering with the Town of Fuquay-Varina.
No action was taken. The second reading will be on the November 5, 2007 agenda for Board action.
AWARD OF CONSTRUCTION CONTRACT FOR
STREAM RESTORATION & WETLAND ENHANCEMENT FOR
THE SOUTH WAKE LANDFILL
Mr. John Roberson, Wake County Facilities Project Manager, explained the action needed by the Board for the stream restoration and wetland enhancement for the South Wake Landfill. There are stream impacts on this property. The current stream is highly erosive.
PROJECT: STREAM RESTORATION AND WETLAND ENHANCEMENT FOR THE SOUTH WAKE LANDFILL MITIGATION SITE
DATE: SEPTEMBER 20, 2007
TIME: 2:00 PM
|Faxed Receipt Included for No. 1 & 2|
|Fluvial Solutions, Inc.|
|Osborne Company of North Carolina dba Backwater Environmental|
|Faxed Receipt Included for No. 1 & 2|
|Shamrock Environmental Corporation|
|Faxed Receipt Included for No. 1 & 2|
|Paul Howard Construction Company, Inc.|
This is to certify that the bids tabulated herein were publicly opened and read on the 20th day of September, 2007 in Room 926, 9th Floor of the Wake County Office Building, 336 Fayetteville Street Mall, Raleigh, NC, and that all said bids were accompanied by certified checks or bidder's bond except as otherwise noted.
Phillip D. Stout
Director, Facilities Design & Construction
ENGINEER: Hazen and Sawyer, P.C.
Mr. Roberson stated that plans for this unique project were completed in August and were sent out for bidding purposes. On September 20, 2007, bids were received for stream restoration and wetland enhancement at the South Wake Landfill from contractors in accordance with the NC General Statutes. A tabulation of bids received is attached for review. Unfortunately, the bids for this project exceeded the current budget. However, through a combination of negotiating with the low bidder to reduce the project cost through some redesign efforts, transfer of some unused contingency from the landfill entrance facility project to this project and a budget amendment to add $85,000 to the Solid Waste CIP, there are now adequate funds in place to award this contract.
Upon motion by Commissioner Gardner, seconded by Commissioner Webb, to award a stream restoration and wetland enhancement contract for the South Wake Landfill in the amount of $1,032,477.50 to L-J, Inc. of Columbia, South Carolina, and approve the budget memos that transfer $85,000 from the Solid Waste Operating Fund to the Solid Waste Capital Fund.
Commissioner Bryan asked if the funds could be used here in Wake County. Mr. Roberson said this would be a couple of thousand dollars.
The motion was unanimously approved.
ACQUISITION OF APPROXIMATELY 50.61 ACRES OF
MARKS CREEK OPEN SPACE FROM L.C. MEDLIN, JR.
Mr. Sig Hutchinson expressed his excitement about the bond issues passing last week. He reported 7 out of 10 people voted for the $187 million in bonds for Libraries, Wake Tech and Open Space. He spoke of how the citizens have shown their concern for quality of life in Wake County by approving these bonds. He thanked the voters for their approval.
Mr. Hutchinson provided the Commissioners with a Halloween bag with a jar enclosed which was filled with Hersheys candy kisses. Mr. Hutchinson then spoke of the Marks Creek area project and how the landscape needs to be preserved or it will be lost. This project could be the Umstead Park of the East. As a result of this acquisition, there will be 1,000 acres of protected area known as the Marks Creek Area. He said the jar of 100 kisses represents 100 acres each, which would represent Lake Myra. He said this watershed is an incredible resource for Wake County. Chairman Gurley thanked Mr. Hutchinson and the voters of Wake County for their assistance in passing the bonds.
Mr. Mark Edmonson reported this as a request to acquire 50.61 acres and provided an illustration of the property. The LCL property has closed. The Medlin property is 50.61 acres. Wake County, in conjunction with Triangle Land Conservancy (TLC) and The Trust for Public Land (TPL), has identified the Marks Creek area of Wake County as a priority preservation area. These partners have prioritized 4,400 acres of land in the Mark's Creek Watershed for acquisition as part of the Phase I priority preservation area. The primary goals of the Mark's Creek project are to protect and preserve water quality and wildlife habitat, conserve unique natural areas and to retain the rural scenic and historical values of this area of Wake County.
To date, eleven (11) tracts have been purchased in the Marks Creek area, totaling 950 acres. The subject property is located within the boundaries of the Marks Creek watershed on the Sandy Branch tributary just east of Marks Creek. This farm is contiguous to the previously acquired Pleasants Farm, the Triangle East Sportsman Club and the Edgerton Open Space Tract. Acquisition of this Medlin tract will put the total acreage preserved in Marks Creek to just over 1,000 acres.
TPL has negotiated the acquisition of this farm. The contract sales price is $18,000.00 per acre. The property has been surveyed at 50.61 acres, for a final sales price of $910,980.00. The subject property has less than one acre considered to be "wetlands". The seller has retained ten (10) acres to the east of the subject property. The sales price per acre has been verified by a certified appraiser and is consistent with the County's recent purchases in the Marks Creek area.
This project is eligible for partial Clean Water Management Trust Fund reimbursement. Typically, the reimbursement is for flood prone areas only. The application cannot be made for these funds until February of next year. Based on the Open Space Bond passing the October 9th vote, sufficient funding for this acquisition is included in the Open Space Element of the County Community Improvement Program. This transaction has been reviewed and endorsed as presented by The Open Space and Parks Advisory Committee (OSAPAC), and the Land Acquisition Review Committee (LARC).
There is also a parcel owned by Mr. Medlin’s sister who they will be talking to later but she is not ready to move on this now. This is a beautiful piece of land.
Upon motion by Commissioner Bryan, seconded by Commissioner Brown, the Board voted unanimously to authorize the County Manager to execute a purchase agreement for the Medlin Open Space Tract of approximately 50.61 acres for $910,980.00, subject to terms and conditions acceptable to the County Attorney.
Commissioner Bryan spoke about this being a great day for Wake County with the approval of acquiring this property and the completion of 1,000 acres of open space.
Commissioner Brown said she participated in a ribbon cutting at Waterbrook Senior Center Complex, a 64 apartment complex unit, that the County and City partnered in and there’s only one unit left available.
Commissioner Bryan spoke about the Hospice groundbreaking and how important this is to Wake County. Chairman Gurley said this is now a 20-bed facility and thanks to Rex Hospital also dedicating their hospice beds to the purpose.
Sherry Aldridge, a first grade teacher at Smith Elementary, asked for clarification of the Board’s action today on the Smith School Renovation Project. Chairman Gurley explained the action was delayed on approving the renovation project for additional information from the Schools staff. She asked the Board to provide the full amount requested for the Fred A. Smith School. She pled the case for the students and the school. She said they want a two story building an they are tired of being in a cramped room with 30 students. She loves the children and she cares what happens to them. She wants the best for her child and all the children at Smith Elementary School.
June Vail spoke on behalf of volunteers about the Wake County Animal Shelter. She was concerned about the number of dogs and cats being euthanized. In the month of September, 190 dogs and double for cats were euthanized. There’s lots of work for rescuing dogs and cats. Mr. Tommy Esqueda, Environmental Health Director, told the Board that it is impossible to give prior notice before euthanizing the animals. Ms. Vail said the Shelter has no air conditioning and it is out of compliance with the State regulations. She spoke about the possibility of a merger of the Wake County Shelter and the SPCA but they both have high kill rates which a merger would make the kill rate even higher. The SPCA has space for 200 dogs. Any more animals that come into SPCA over 200 are euthanized. They need a new visible shelter so people can visit the shelter during their lunch hour. Shelter hours need to be extended. They need separate areas for sick animals. They also are in need of additional staffing, stricter laws about the animals and policing of breeding animals.
Commissioner Brown suggested Ms. Vail and Tommy Esqueda get together and discuss this situation further.
Debra Taylor said she is a Realtor and also spoke about the animals. She spoke about community covenants and tracking animals. She said she would like to see a law requiring a license to breed animals. She suggested the Board visit sites of people who are licensed breeders. Anyone who allows animals to multiply should have a plan. People should be responsible for where these animals are going and show follow up with these families. There should be an exemption for rescued animals. With statistics there are more animals being euthanized than are being adopted.
Upon motion by Commissioner Coble, seconded by Commissioner Webb, the Board voted unanimously to adjourn the meeting at 3:09 pm.
Susan J. Banks, CMC
Clerk to the Board