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    Minutes of 09-20-04 Board of Commissioners Meeting (adopted)
WAKE COUNTY BOARD OF COMMISSIONERS
MINUTES
September 20, 2004

The Wake County Board of Commissioners met in regular session Monday, September 20, 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 Ward offered the invocation.

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APPROVAL OF AGENDA

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

Upon motion of Commissioner Council, seconded by Commissioner Bryan, the Board unanimously approved the minutes of August 16, 2004.
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PROCLAMATION RECOGNIZING OCTOBER 2004
AS NATIONAL BREAST CANCER AWARENESS MONTH AND
DECLARING THE WEEK OF OCTOBER 3-9, 2004, AS
PINK RIBBON WEEK IN WAKE COUNTY

The month of October is designated as National Breast Cancer Awareness month. Wake County Human Services, along with other community groups strive to educate Wake County citizens on ways to prevent breast cancer and lessens its effects when it occurs. In 2003, Wake County accounted for 85 of the State’s 1360 female breast cancer deaths.

Commissioner Ward read aloud the proclamation and moved its adoption. The motion was seconded by Commissioner Webb and was unanimously approved.

A PROCLAMATION
NATIONAL BREAST CANCER AWARENESS MONTH
AND PINK RIBBON WEEK 2004

WHEREAS, breast cancer is the most commonly diagnosed cancer and the second leading cause of cancer deaths among women in the United States; and

WHEREAS, 1360 North Carolinian women died last year; 85 of them were from Wake County; and

WHEREAS, every woman is at risk for breast cancer even if she has no family history of the disease, but women over the age of 50 are at the greatest risk for being diagnosed with breast cancer; and

WHEREAS, a mammogram is the single most effective method of detecting breast changes long before physical symptoms that may be cancer can be seen or felt; and

WHEREAS, October is designated as National Breast Cancer Awareness Month; and

WHEREAS, the pink ribbon is the internationally recognized symbol of breast cancer awareness; and

WHEREAS, community organizations, churches, synagogues and other places of worship, and work sites can play a special role in educating their members or employees about breast cancer.

NOW, THEREFORE, the Wake County Board of Commissioners, do hereby recognize October 2004 as National Breast Cancer Awareness Month and proclaim October 3-9, 2004, as Pink Ribbon Week in Wake County. The Board of Commissioners encourages the citizens of Wake County to wear pink ribbons during Pink Ribbon Week, in recognition of breast cancer and in honor of women who are now courageously fighting the battle with breast cancer.

FURTHER, the Board of Commissioners encourages women to become proactive with their health (i.e. health diets, exercise, etc.) recognizing the correlation between obesity and breast cancer. The Board of Commissioners also recommends that women consult their health care providers about regular screening and promote early detection of breast cancer by having regular clinical breast examinations, getting regular mammograms, and practicing monthly breast self examination.

ADOPTED this the 20th day of September 2004.
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REQUEST FROM WAKE COUNTY 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 existing funds, and in future years, from resources appropriated to them by the Board of Commissioners.

On November 1, 2001, the Board of Commissioners adopted a resolution allowing the Board of Education to contract with IBM Credit Corporation for the purchase of computer hardware called direct access storage devices (DASD). The total of the contract was $1,868,181 with the final payment of $622,727 due this fall.

The Information Technology staff of the Wake County Public Schools is preparing to purchase new DASD devices. The new contract requires the Board of Education to pay Koch Financial four annual payments of $475,606 each for a total of approximately $1,902,424 over the four-year lease period.
The Board of Commissioners received a report on this request at its August 16, 2004 meeting, and there were no outstanding questions.

Upon motion of Commissioner Bryan, seconded by Commissioner Ward, the Board unanimously adopted a resolution approving the request from Wake County Public Schools for multi-year Capital Lease for computer hardware and other related support services.

RESOLUTION R-04-37
APPROVING SCHOOL CAPITAL LEASE AND
SUBSEQUENT YEAR’S EXPENDITURES

WHEREAS, the Wake County Board of Education wishes to enter into a continuing contract for capital outlay with Koch Financial for computer hardware and related support services under N.C. General Statute §115C-528; and

WHEREAS, the contract requires the Wake County Board of Education to pay Koch Financial a total of approximately $475,606 during the 2004-2005 fiscal year, and approximately $475,606 the 2005-2006 fiscal year; and approximately $475,606 during the 2006-2007 fiscal year; and approximately $475,606 the 2007-2008 fiscal year; for a total of approximately $1,902,424 over the four-year lease period; and

WHEREAS, North Carolina General Statutes §115C-441(c1) requires that continuing contracts for capital outlay be approved by a resolution adopted by the Board of Commissioners.

NOW, THEREFORE, BE IT RESOLVED that the Wake County Board of Commissioners hereby agrees to appropriate sufficient funds to the Wake County Board of Education in ensuing fiscal years to meet the Koch Financial contract obligations. Said funds shall be a part of, and not in addition to regular appropriations made to the Wake County Board of Education.

Adopted this the 20th day of September 2004.

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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. In the process of renegotiating the current lease, Wake County Public Schools 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. School staff plan to relocate the Harriet B. Webster facility to the Crossroads Office Park with other divisions possibly being collocated at some point in the future.

State law prohibits the Board of Education from entering into operational leases for school buildings and/or other facilities for more than three years without prior approval from the Board of Commissioners (NCGS §115C-530). Should the Board of Commissioners approve the resolution, the Board of Education is required to appropriate the current year’s portion from existing funds, and in future years, from resources appropriated to them by the Board of Commissioners.

The Board of Commissioners received a report on this request at its August 16, 2004 meeting, and there were no outstanding questions.

Upon motion of Commissioner Webb, seconded by Commissioner Council, the Board unanimously adopted a resolution to approve a request from the Wake County Board of Education to approve a multi-year operating lease for the Harriet B. Webster facility, Crossroads Office Park located in Cary.
RESOLUTION R-04-38
APPROVING SCHOOL OPERATING LEASE AND
SUBSEQUENT YEARS’ EXPENDITURES

WHEREAS, the Wake County Board of Education wishes to enter into a six-year lease with Corning Road, LLC, for office and training space under N.C. General Statute 115C-530; and

WHEREAS, the Wake County Board of Education is obligated to pay Corning Road, LLC, nothing during the 2005 fiscal year, approximately $185,500 during the 2006 fiscal year, and an average of $1.15 million per year for the four following fiscal years, for a total of approximately $5,936,080 over the six-year lease period; and

WHEREAS, North Carolina General Statutes 115C-530(a) requires that operational leases for school buildings and school facilities be approved by a resolution adopted by the Board of County Commissioners.

NOW, THEREFORE, BE IT RESOLVED that the Wake County Board of Commissioners hereby agrees to appropriate sufficient funds to the Wake County Board of Education in ensuing fiscal years to meet the Corning Road, LLC, lease obligations. Said funds shall be a part of, and not in addition to, regular appropriations made to the Wake County Board of Education.

Adopted this the 20th day of September 2004.
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LIBRARY SERVICES AND TECHNOLOGY ACT MARKETING GRANT
FROM THE NORTH CAROLINA DEPARTMENT OF
CULTURAL RESOURCES TO CAMERON VILLAGE REGIONAL LIBRARY

The Cameron Village Regional Library has received a grant in the amount of $28,750 from the North Carolina Department of Cultural Resources-State Library. These funds will be used to implement a marketing program designed to inform library patrons and the public in general about changes taking place at the Cameron Village Library branch. The grant requires a ten percent match funding which has already been identified in the Library budget.

Upon motion of Commissioner Jeffreys, seconded by Commissioner Gurley, the Board unanimously approved the receipt of funds from the North Carolina Department of Cultural Resources in the amount of $28,750 and approval of the appropriate corresponding budget revision.
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CONVEYANCE OF SANITARY SEWER EASEMENT AT SITE #1
CRABTREE CREEK WATERSHED PROJECT

Wake County has received a request from the Town of Morrisville for the conveyance of a 30-foot wide sanitary sewer easement across County-owned property. The property was acquired by Wake County in 1973 for Site #1 of the Crabtree Creek Watershed Project located in Morrisville on Sorrell’s Grove Church Road, north of Airport Boulevard, and south of Interstate 40. The property is used as a floodwater retention area.

The Town has also requested a 20-foot wide temporary construction easement containing approximately 5,000 square feet. This sanitary sewer project will serve proposed residential and commercial development within the Town of Morrisville in the vicinity of Airport Boulevard, Sorrell’s Grove Church and Slater Road.

The easement shall be subject to the following terms and conditions:

1. The County reserves the right to flood the easement area.

2. The County shall not be held liable for damages to the easement area nor any improvements placed within the easement area as a result of
flooding or by any other causes whatsoever.

3. The Grantee agrees to defend, indemnify, and hold harmless the County, from all loss, liability, claims or expense (including reasonable
attorney's fees) arising from property damage and bodily injury, including death, to any person or persons caused in whole or in part by the
negligence or willful misconduct of the Grantee, its contractors, agents, or employees, except to the extent same are caused by the negligence or
misconduct of the County.

It is the intent of this section to require the Grantee to indemnify the County to the extent permitted under North Carolina General Statutes §22B-1.

4. No facilities or improvements shall be placed or constructed within the easement area without prior written approval from the County of the
construction plans for such facilities or improvements.

5. The County reserves the right to use the easement area for watershed and recreational purposes and for any other proper public purposes
which the County may undertake. 6. In using the easement area and in constructing improvements within the easement area, the Grantee shall comply with all applicable Federal,
State, and local laws, ordinances, rules and regulations. In the event the Grantee ceases to use the property covered by this easement for sanitary sewer purposes, the easement shall automatically revert back to the County.

8. Upon completion of construction, the Grantee shall have replaced all property corners irons and concrete monuments disturbed in constructing
the works of improvement. Upon motion of Commissioner Ward, seconded by Commissioner Webb, the Board unanimously approved the conveyance of an approximate 0.18 acre permanent sanitary sewer easement and an approximate 0.11 acre temporary construction easement located at Site #1, Crabtree Creek Watershed Project to the Town of Morrisville, subject to terms and conditions outlined above.
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TAX REPORT

Upon motion of Commissioner Gurley, seconded by Commissioner Council, the Board accepted and unanimously approved the tax reports as recommended by the Tax Committee:

1.Report of Collections – Wake County Only – July 2004
2.Wake County In-Rem Foreclosure Progress Report – Wake County Only – July 2004
3.
Value Adjustments and Special Situations: (Wake County Only)
4.Consideration of Requests for Adjustments, Rebates and/or Refunds of Penalties:
(Wake County and Town of Cary), (Wake County and City of Raleigh)
5.Consideration of Requests for Exemptions-Late Filed Applications: (Wake County and Town of Apex), (Wake County and Town of Cary), (Wake County and City of Raleigh)
6.Request for Tax Relief-Late Filed Applications: (Wake County Only), (Wake County and Town of Cary), (Wake County and Town of Holly Springs), (Wake County and Town of Morrisville), (Wake County and City of Raleigh), (Wake County and Town of Wake Forest)
7.Consideration of Refund for Taxes, Interest, and Penalties: (Wake County Only), (Wake County and Town of Apex), (Wake County and Town of Cary), (Wake County and Town of Fuquay-Varina), (Wake County and Town of Garner), (Wake County and Town of Holly Springs), (Wake County and Town of Knightdale), (Wake County and Town of Morrisville), (Wake County and City of Raleigh), (Wake County and Town of Wake Forest), (Wake County and Town of Zebulon)
8.
Consideration for Release of Penalties and Interest for Wake County Prepared Food and Beverages Taxes: (Wake County Only):
9.
Rebate Details: (Wake County and Town of Apex), (Wake County and Town of Cary), (Wake County and Town of Fuquay-Varina), (Wake County and Town of Garner), (Wake County and Town of Holly Springs), (Wake County and Town of Knightdale), (Wake County and Town of Morrisville), (Wake County and Town of Rolesville), (Wake County and Town of Wake Forest), (Wake County and Town of Wendell), (Wake County and Town of Zebulon)
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EXPLORIS PLAN PRESENTATION

Wake County’s adopted budget for fiscal year 2005 allocated $1,355,000 in funding for Exploris and IMAX. This was a reduction of $100,000 from the current fiscal year and is part of a three-year plan to reduce the Museum’s reliance on County funding. The County’s fiscal year 2005 divided the allocation to Exploris into two components, one-third of the allocation was provided in July with the remaining funds to be provided following the completion of the China exhibit and the submission of a long-term business plan.

Commissioner Jeffreys requested that the item be pulled from today’s agenda to have additional time to study the information provided by Exploris.

Commissioner Council challenged the removal of the item from the agenda.

Chairman Gardner recognized the County Attorney who stated that it has been the Board’s process in the past that if a member has requested that an item be pulled from the agenda, it has been taken off by consensus and at the direction of the Chair, following the request. He further stated that the Board’s rules require once the agenda is approved, if there is going to be an alteration in the agenda or if there is an objection to someone asking for an item to be removed, then there will be a vote of the full Board to allow the item to proceed or to be taken off the agenda. Also, the Board has the provision that if an item is reached and discussed, there are provisions for tabling it until a future time.

Commissioner Jeffreys then moved to table the Exploris presentation until the October 18, 2004 meeting. The motion was seconded by Commissioner Gurley. Upon vote the motion failed with Commissioners Gurley and Jeffreys voting aye; and Commissioners Bryan, Council, Gardner, Ward and Webb voting nay.

Following the vote, Chairman Gardner recognized the County Manager for brief comments.

Mr. Jim Talton, Exploris Board member, was then recognized for introductory remarks. He commented on the new leadership of Exploris, fundraising difficulties in the past several years, the China Tour exhibit and attendance in general. There was mention of looking at the feasibility of an international library within the facility, and he brought to the Board’s attention that the Museum had received notice that the State has granted $500,000 for the upcoming year. He then pointed out the development of a measurable and accountable plan to meet established goals and objectives: 1) enhancing exhibits and programming in order to increase visitation; 2) diversifying sources of funding; and 3) undertaking private fundraising to retire debt and fund the objectives of the plan.

Mr. Bill Johnson of Progress Energy and Chairman of the Exploris Board, also commented on the Museum Board’s plan to meet the priorities and objectives as outlined, as well as a commitment to seek public input and to provide the Commissioners with information as requested. He then requested that the Board of Commissioners continue funding of the Museum.

Following the presentation, Commissioner Bryan moved that the Board of Commissioners receive the plan from the Exploris Board and that the Board of Commissioners allocate funding through January 2005; and that the Wake County Board of Commissioners and the Exploris Board, through a public process, look at possibilities that will result in the best use of this building. Commissioner Council seconded the motion.

At this time, Commissioner Gurley raised the issue of whether three members of the Board of Commissioners should vote on the issue because of a potential violation of GS 14-231.4, a statute which prohibits the use of confidential information by elected officials to benefit an individual. The three Commissioners either serve on the Exploris Board or had attended Exploris Board meetings, which resulted in some Commissioners receiving information regarding the financial status of Exploris and not others.

County Attorney Michael Ferrell was recognized and stated that it was his opinion that the referenced Statute does not apply to this fact situation, but that ultimately it was up to each Commissioner to determine whether he or she perceived that a conflict existed. He explained that the Board has no authority to prohibit a Commissioner from voting if the Commissioner elects to do so, and that each Commissioner has a duty to vote unless the Commissioner is of the opinion that to do so violates the law.

Following comments from Chairman Gardner, Commissioners Bryan and Council, the Chairman called for the vote on the motion as stated. The motion passed with Commissioners Bryan, Council, Gardner, Ward and Webb voting aye. Commissioners Gurley and Jeffreys voted nay.

There was a question on the ruling of the voice vote and a roll call was requested.

The vote was as follows:

Commissioner Jeffreys asked that the record show that he opposed the motion because of the reference to the possibility of hiring a consultant to study the proposal.
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At this time the Chairman called for a recess.
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PUBLIC COMMENTS

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

Chairman Gardner announced that there were no names listed or requests to appear before the Board. He then declared the public comment portion of the meeting closed.
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PUBLIC HEARING
TO CONSIDER PETITION ZP-843-04
TO REZONE 8 ACRES FROM RESIDENTIAL-30 (R-30)
TO CONDITIONAL USE-INDUSTRIAL-2 (CU-1-2)

Chairman Gardner announced a public hearing to consider a proposal to rezone eight acres from R-30 to Conditional Use-Industrial-2, duly advertised as provided by statute for Monday, September 20, 2004, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.

Ms. Melinda Clark, Land Administrator, Wake County Planning Office, was recognized to comment on the rezoning. She stated that the site is located on the northwestern side of US Highway 401 at the end of Gelder Drive. The property lies within the Fuquay-Varina Long-Range Urban Services Area. The proposed rezoning is to allow for additional office space and accessory uses associated with an adjacent asphalt plant such as accessory buildings, parking, storage of materials, supplies and equipment, maintenance buildings, utilities, and utility easements. The site is to be recombined and developed with the adjacent asphalt plant.

It was noted that the proposed uses are consistent with the Fuquay-Varina/Garner Area Land Use Plan.

Chairman Gardner declared the public hearing open and announced that persons desiring to comment in support of the rezoning would be heard at this time.

Mr. Wayne Mauldin, PO Box 440 Fuquay-Varina, NC

There were no comments in opposition to the proposed rezoning.

Chairman Gardner then called for recommendations from the Planning staff and Planning Board.

Ms. Clark reported that the Planning staff recommends that the Board of Commissioners approve the requested zoning map amendment with the petitioner’s proposed conditions.

Ms. Melanie Wilson, County Planning Director, reporting for the Chairman of the Wake County Planning Board, indicated that the Planning Board, at its August 4, 2004 meeting, voted 9-0 to recommend that the Board of Commissioners approve the zoning map amendment with the petitioner’s proposed conditions.

Chairman Gardner declared the public hearing closed and invited action by the Board.

Upon motion of Commissioner Council, seconded by Commissioner Webb, the Board unanimously approved the requested zoning map amendment with the petitioner’s proposed conditions, on the northwestern side of US Highway 401 at the end of Gelder Drive.

ORDINANCE AMENDING THE WAKE COUNTY ZONING MAP
TO REZONE 8 ACRES FROM RESIDENTIAL-30 (R-30) TO
CONDITIONAL USE-INDUSTRIAL-2 DISTRICT (CU-I-2)

WHEREAS, Wayne Mauldin requested the rezoning from Residential-30 (R-30) to Conditional Use-Industrial-2 District (CU-I-2) consisting of 8 acres on the northwestern side of US Highway 401 at the end of Gelder Drive being Parcel # 0689.02-66-9707 (ZP-843-04);


WHEREAS, the site lies within the Town of Fuquay-Varina’s Long-Range Urban Services Area (LRUSA) as shown on the Wake County Land Use Plan’s General Classifications Map;

WHEREAS; the proposal complies with the Fuquay-Varina/Garner Area Land Use Plan, which designates this area as an Urban Regional Activity
Center (URAC) that is appropriate for industrial uses;

WHEREAS, the proposal complies with the Land Use Plan’s Transitional Urban Development policies (TUDs), which require that new development not served by a municipal, or centralized, water and/or sewer system should provide easements for eventual water and sewer service by the Town of Fuquay-Varina;

WHEREAS, the proposal complies with the TUDs policies that call for new development to provide for facilities as specified by land use, transportation, parks and recreation, greenway and open space plans adopted by Wake County and that they are designed and constructed in accordance with the standards of the County and/or the Town of Fuquay-Varina;

WHEREAS, the proposal is consistent with the Wake County Land Use Plan and otherwise promotes the public health, safety, and general welfare;

WHEREAS, on August 4, 2004, the Wake County Planning Board voted 9-0 to recommend that the Board of Commissioners approve the
proposed zoning map amendment with the petitioner’s proposed conditions; and

WHEREAS, the Wake County Board of Commissioners held a duly-noticed public hearing to consider amending the Zoning Map to rezone the entire area, or part of the area, to the classification requested, or to a more restrictive classification.

NOW, THEREFORE, BE IT ORDAINED BY THE WAKE COUNTY BOARD OF COMMISSIONERS:
SECTION I

The proposed rezoning is found to be consistent with the Fuquay-Varina/Garner Area Land Use Plan and otherwise promotes the public health, safety, and general welfare, and the Wake County Zoning Map is hereby amended to rezone the property described above from Residential-30 (R-30) to Conditional Use-Industrial-2 District (CU-I-2).
SECTION II

In making this petition, the owners freely offer the following conditions to be applied to the Conditional Use –Industrial-2 District:

1. Upon new development, easements necessary to allow for the eventual service by a municipal, or centralized, sewer and water system shall be dedicated. 2. Upon new development, right of way or new easements necessary to allow the eventual provision of the types and levels of transportation facilities as specified by land use, transportation, parks and recreation, greenway and open space plans adopted by Wake County and that are designed and constructed in accordance with the standards of the County and/or the Town of Fuquay-Varina’s shall be dedicated.

3. As the property is developed, it will be subject to the Stormwater Control Management and Watercourse Buffer Regulations of Wake County, which limit impervious surface coverage on the property to 15% unless storm water management facilities are provided to maintain the rate of runoff to predevelopment conditions for the 1-year, 24-hour storm event. Impervious surface coverage on the property will not exceed 30% unless stormwater management facilities are provided to maintain the rate of runoff to existing predevelopment conditions for the 10-year, 24-hour storm event. The more restrictive standards of the County Ordinance may apply at the time of development of the site.

4. The owner will limit the use to office space, sales office, and any accessory uses associated with the asphalt business, such as accessory buildings, parking, storage of materials, supplies and equipment, maintenance buildings, utilities (water and sewer) and utility easements. 5. The owner will add a 100-foot wide bufferyard to be maintained in its natural state (undisturbed vegetation) adjacent to the existing subdivisions (Westbury, formerly Murray Farms, and Ridge Brook) as shown on map being Pin #s 0689-67-7000, 0689-66-2777, 0689-66-2387, and 0689-66-5102.
SECTION III

This amendment shall become effective upon adoption of this ordinance.
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ADDITIONAL FUNDING FOR WAKE COUNTY PUBLIC SCHOOLS

At the September 15, 2004, joint meeting of the Board of Commissioners and the Board of Education, Chairman Gardner proposed providing additional funds to the School System to meet a higher than expected growth in students. The enrollment was greater than the student figure projected by County planners.

There is approximately $4 million in sales tax revenue that was not expected and Staff recommends that the proposed additional funding come from the General Fund fund balance.

Chairman Gardner made brief comments and then moved that the Board of Commissioners fund $2 million in additional funding for the Wake County Public School System. The motion was seconded by Commissioner Council.

Following comments about the source of additional funds and the basis for determining the amount, Commissioner Webb moved to amend the motion, that the Board of Commissioners fund $4 million in additional funding for the Wake County Public School System. The motion was seconded by Commissioner Ward. Upon vote the amendment failed. Commissioners Ward and Webb voted aye; Commissioners Bryan, Council, Gardner, Gurley and Jeffreys voted nay.

The Chairman called for the vote on the original motion. The motion passed with all Commissioners voting aye, except Commissioner Jeffreys who voted nay.

At this time, Patti Head, Vice-Chair of the Wake County Board of Education and Superintendent Bill McNeal were recognized to express appreciation for the Board’s action.
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GOVERNOR’S HIGHWAY SAFETY PROGRAM GRANT FOR
SHERIFF’S TRAFFIC OBSERVATION PATROL TEAM INITIATIVE

On March 26, 2004, Sheriff Donnie Harrison submitted a grant application to the Governor’s Highway Safety Program. The purpose of the grant application was for funding to initiate a traffic observation patrol (STOP) team. This patrol team will target areas for special traffic patrol, focusing on reducing traffic accidents and on reducing injuries and fatalities that result from such accidents. As population density increases along rural roads in Wake County, there is a greater need to deploy deputies in high traffic areas. The final highway safety project contract that has been tentatively approved provides for funding for four sheriff deputies and one sergeant.

The three-year grant will pay all personnel for the first year at 100 percent. The necessary equipment for the STOP team is paid 75 percent by the grant with 25 percent funding from Wake County. The total project cost is $467,310 of which grant funds are $410,005 and the matching requirement of $57,305. The Sheriff’s Office has identified matching funds .

Sheriff Donnie Harrison was recognized to comment on the grant program.

Upon motion of Commissioner Ward, seconded by Commissioner Bryan, the Board unanimously adopted a resolution amending the Sheriff’s Office fiscal year 2004-2005 budget, increasing grant funds by $410,005 and the creation of four Sheriff Deputies and one Sergeant positions.

RESOLUTION R-04-39
AUTHORIZING FILING OF GRANT APPLICATION CONTRACT AND
AFFIRMING CASH CONTRIBUTION FOR “STOP” Team Project
UNDER THE NC GOVERNOR’S HIGHWAY SAFETY PROGRAM

WHEREAS, the Wake County Sheriff’s Office has completed an application contract entitled “Sheriff’s Traffic Observation Patrol” and that the Wake County Board of Commissioners has thoroughly considered the problem identified and has reviewed the project as described in the contract;

NOW, THEREFORE, BE IT RESOLVED by the Wake County Board of Commissioners in open meeting assembled in the Wake County Courthouse in Raleigh, North Carolina, this the 20th day of September 2004 as follows:

1. That the project referenced above is in the best interest of the Board of Commissioners and the general public; and, 2. That Sheriff Donnie Harrison is hereby authorized to file, on behalf of the Board of Commissioners, an application contract in the form prescribed by the Governor’s Highway Safety Program for federal funding in the amount of $410,005 to be made to the Board of Commissioners to assist in defraying the cost of the project described in the contract application; and,

3. That the Board of Commissioners has formally appropriated the cash contribution of $57,305 as required by the project contract; and,

4. That the project director designated in the application contract shall furnish or make arrangement for other appropriate persons to furnish such information, data, documents, and reports as required by the contract, if approved, or as may be required by the Governor’s Highway Safety Program; and,

5. That certified copies of this resolution be included as part of the contract referenced above; and,

6. That this resolution shall take effect immediately upon its adoption.

Adopted this the 20th day of September 2004.
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APPROVAL OF REVISED INTERLOCAL AGREEMENT AND LEASE
WITH TOWN OF HOLLY SPRINGS FOR JOINT DEVELOPMENT
BRANCH LIBRARY AND CULTURAL CENTER

On November 17, 2003, the Board of Commissioners approved entering into an Interlocal Agreement with the Town of Holly Springs, contingent on terms and conditions acceptable to the County Attorney, for conveyance of approximately seven acres of land for development of a new branch library, in conjunction with a Cultural Center funded by the Town. County staff has worked collaboratively with the Town to further develop a plan for the Library and Cultural Center.

On August 3, 2004, the Holly Springs Town Council confirmed approval of the Cultural Center portion of the project of 11,000 SF increasing the size of the overall facility to 19,400 SF and increasing the Town’s portion of the project cost to $2.8 million. The Town has reconfirmed their unanimous support for the Library and the joint project, but needs to use the Cultural Center part of the project as an asset for purposes of debt financing.

To address the Town’s need to use the Cultural Center part of the building as an asset for purposes of debt financing, a leasehold interest could be conveyed from the County to the Town. The Town has requested that the County approve modifications to the original interlocal agreement to incorporate a 99-year lease to the Town conveying control of the portion of the building housing the Cultural Center. The Town approved this concept August 17, 2004.

Upon motion of Commissioner Webb, seconded by Commissioner Ward, the Board unanimously approved the revised Interlocal Agreement with the Town of Holly Springs for the jointly developed Branch Library and Cultural Center; and approved a 99-year lease with the Town of Holly Springs for the Cultural Center part of the building.

HOLLY SPRINGS, NORTH CAROLINA
AND
WAKE COUNTY, NORTH CAROLINA

INTERLOCAL AGREEMENT
FOR
A LIBRARY AND CULTURAL FACILITY IN HOLLY SPRINGS

___________________________________

Dated as of _______, 2004
___________________________________
INTERLOCAL AGREEMENT


THIS INTERLOCAL AGREEMENT is dated as of ______, 2004 (as supplemented or amended, the “Agreement”), and is between the TOWN OF HOLLY SPRINGS, NORTH CAROLINA (the “Town”), a municipal corporation of the State of North Carolina, and WAKE COUNTY, NORTH CAROLINA (the “County”), a public body politic and a political subdivision of the State of North Carolina.
RECITALS:

The County has expressed an interest in constructing a branch of the County library system in Holly Springs. The Town has expressed an intent and desire to provide real estate to the County for the construction of the library, and to otherwise assist the County in this project. The Town and the County have also discussed the Town’s desire to combine the library with a cultural center planned by the Town, and the County is agreeable to this combination.

The parties are entering into this Interlocal Agreement to set out the terms and conditions for their working together to construct such a facility in Holly Springs.

NOW THEREFORE, for and in consideration of the mutual promises and covenants contained in this Agreement, the parties agree as follows:
ARTICLE I

TERMS OF PROJECT AGREEMENT

1.1. Agreement To Work Together. The County and the Town agree to work together in good faith and with all due diligence to provide for and carry out the design, construction and operation in Holly Springs of a combination public library (the “Library”) and cultural facility (the “Cultural Facility”), both referred to herein jointly as the “Project.”

1.2. Agreement To Convey Property.

(a) The Town agrees to convey to the County, and the County agrees to accept from the Town, except as provided in Section 1.2 (b), title to all that certain lot, piece or parcel of ground, situated in Holly Springs, Wake County, North Carolina, more particularly described on Exhibit A (the "Property"). The Property is the intended site of the Project. The Town represents and warrants to the County that the Property is properly zoned for Library purposes.

(b) Notwithstanding the foregoing, the County’s performance of its obligations under this Agreement is contingent upon the County’s satisfaction as to the suitability and feasibility of the development of the property for the Project. If the County desires to terminate this Agreement because the County deems the Property unsuitable for the construction of the Project, then the County shall notify the Town in writing at which time this Agreement shall become null and void. If the County does not notify the Town on or before December 31, 2004, this condition shall be deemed waived and the County shall not have the right to terminate the Agreement under this section. Upon such termination the County shall reconvey the property to the Town.

(c) The Town covenants with the County that the Town is seized of and has the right to convey the Property in fee simple, that the Property is free and clear of all liens and encumbrances other than those shown on Exhibit B (the “Existing Encumbrances”), that title to the Property is marketable, and that the Town will forever warrant and defend title to the Property (subject to the Permitted Encumbrances) against the claims of all persons.

(d) Within forty-five days of the execution and delivery of this Agreement by the parties, the Town will deliver to the County Manager, on behalf of the County, a properly executed general warranty deed for the Property in substantially the form of Exhibit C (the “Deed”).

(e) As shown in Exhibit C, the Deed will include a clause allowing the Town to re-take title to the Property if the County has not awarded contract(s) for the construction of the Library on the Property by September 1, 2005.

(f) As also shown in Exhibit C, the Deed will contain a clause allowing the Town to re-take title to the Property if at any time up to January 1, 2024, the County uses the Property for any purpose other than public library and related uses.

(g) The Town will pay for the cost of deed preparation and other document preparation by its counsel, deed stamps and all other conveyance or transfer fees, taxes or costs, and its own counsel fees. The County will pay for the recording fees, title insurance premiums, current surveys and environmental evaluations (if desired by the County) and its counsel fees.

(h) If there is a casualty or condemnation of all or any portion of the Property prior to the County’s acceptance of the Deed, the County may either (i) continue to closing, with the Town assigning to the County any and all rights for insurance or condemnation awards, or (ii) terminate this Agreement, in which case this Agreement shall be null and void and of no force, effect or obligation on the part of either party.

(i) The provisions of this Agreement, and in particular the provisions of Section 1.1 and 1.4, will survive the delivery of the Deed.

1.3. Agreement to Lease Property Back. After completion of the Cultural Facility and issuance of the Certificate of Occupancy, the Town and the County will execute and deliver to one another a lease of the Cultural Facility in substantially the form of Exhibit D (the “Lease”), which will allow the Town to operate and maintain the Cultural Facility for its purposes for a period no less than 99 years.

1.4 Design, Construction and Operation of the Project.

ARTICLE II
REPRESENTATIONS, COVENANTS AND WARRANTIES

(a) The County and the Town each represents, covenants and warrants for the other's benefit as follows:

(b) To the best of the Town’s knowledge, there are no disputes concerning the boundaries of the Property or concerning the location of such Property lines and corners.

(c) EXCEPT AS PROVIDED IN SECTION 1.2 HEREIN, THE TOWN MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR FITNESS FOR A PARTICULAR USE OF THE PROPERTY OR ANY PART THEREOF OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE PROPERTY OR ANY PART THEREOF. In no event will the Town or County be liable for any direct or indirect, incidental, special or consequential damage in connection with or arising out of this Agreement or the existence, furnishing, functioning or use by any of them of any item, product or service provided for herein.

(d) To the extent permitted by law, the Town and the County will and hereby agree to indemnify and save one another harmless against and from all claims, by or on behalf of any person, firm or other legal entity, arising from this Agreement and attributed to the action or inaction of the respective agents of each party.
ARTICLE III

MISCELLANEOUS
(b) Any communication under this Agreement will be sufficiently given and deemed given when delivered by hand, by confirmed
facsimile transmission or by Federal Express or similar express delivery service, or on the date shown on a certified mail delivery receipt, when addressed as follows:
Re: Notice Under Interlocal Agreement for Holly Springs Library
Post Office Box 8
Holly Springs, NC 27540-0008
Re: Notice Under Interlocal Agreement for Holly Springs Library
Post Office Box 550
Raleigh, NC 27602

(c) Any addressee may designate additional or different addresses for communications by notice given under this Section to the other parties.

IN WITNESS WHEREOF, 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.

TOWN OF HOLLY SPRINGS, NORTH CAROLINA



By:____________________________
Richard G. Sears, Mayor
This instrument has been preaudited in the manner required by The Local Government Budget and Fiscal Control Act.

_______________________________
Drew Holland, Finance Director
Town of Holly Springs, North Carolina
ATTEST:


By: ________________________________
Joni Powell, Town Clerk
    [Town Seal]

    This instrument is approved as to form and legal sufficiency.

    _______________________________
    John P. Schifano, Town Attorney
    WAKE COUNTY, NORTH CAROLINA



    By:____________________________
    Kenneth M. Gardner, Chairman
    Board of Commissioners
    This instrument has been preaudited in the manner required by The Local Government Budget and Fiscal Control Act.

    _______________________________
    Melinda Canady, Finance Director
    Wake County, North Carolina
    [Seal]

    ATTEST:
      By ____________________________
      Gwendolyn I. Reynolds
      Clerk, Board of Commissioners
      This instrument is approved as to form and legal sufficiency.

      _____________________________
      Michael R. Ferrell
      County Attorney
      ______________________

      STATE OF NORTH CAROLINA

      WAKE COUNTY
      )
      )
      )
      LEASE


      THIS LEASE is dated as of _______, 20__, and is entered into by and between WAKE COUNTY, NORTH CAROLINA (the "County"), as lessor, and THE TOWN OF HOLLY SPRINGS, NORTH CAROLINA, (the "Town"), as lessee.
      WHEREAS:

      The Town and County have previously agreed to cooperate in a plan for the development of certain property in the Town described in Exhibit A (the “Property”) as a public library and cultural facility through an interlocal agreement (the “Agreement”) approved by the Town on August 17, 2004, and approved by the County on September ##, 2004, with an effective date of September ##, 2004. The agreement, among other things, conveyed approximately 7.5 acres of land owned by the Town to the County for purposes of building a library and cultural center.

      The agreement also provides that the Town shall pay for its proportionate share of all costs related to the facility, as well as costs associated with the road and utility construction, and an additional $50,000. These expenses represent the consideration for this lease.

      The Town therefore proposes to lease from the County that certain portion of the Property known as the cultural facility (the "Cultural Facility") as described in Exhibit B and the County has determined to tender such a lease to the Town.

      NOW THEREFORE, for and in consideration of the mutual promises contained in this Lease, the parties agree as follows:

      1. Definitions.

      a. “Property” – That certain 7.5-acre tract as shown on Exhibit A, attached hereto. b. “Project” – The approximately 19,000 square foot building and related real estate improvements constructed on the Property, as shown on Exhibit B, attached hereto.

      c. “Cultural Facility” – That portion of the Project as identified on Exhibit B, attached hereto.

      d. “Common Space” – Those portions of the Project building as identified on Exhibit B, attached hereto, and the exterior portions of the Project.
      2. Demise. The County hereby leases the Cultural Facility to the Town, and the Town hereby leases the Cultural Facility from the County, in accordance with the provisions of this Lease, to have and to hold for the Lease Term (as described in paragraph 3). The County covenants that at the time of the execution of this Lease, it is in legal possession of the demised premises, has full right to lease the same for the term aforesaid, and will put the Town in actual possession of the premises upon commencement of the Lease. In the event that this lease agreement is signed and executed prior to the construction and occupancy of the building, or prior to any act or omission that would under the laws of the state of North Carolina forbid the parties to enter into this lease, the parties agree to re-execute this agreement to effectuate the purpose of the lease.

      3. Lease Term. The Lease Term shall commence on the date this Lease is last executed and delivered between the parties, on or about ________, 20__, and the Town shall have and hold the Cultural Facility for a term of 99 years.

      4. Consideration for Lease. The consideration for this lease is listed in the precatory language above, together with $1.00 for the entire lease term, receipt of which is hereby acknowledged by the County and sufficiency of which shall not be questioned by the Parties.

      5. Quiet Enjoyment. The County agrees that the Town shall have and hold and enjoy continuous, peaceful, uninterrupted and exclusive possession and quiet enjoyment of the entire Cultural Facility during the term of and in accord with the terms of this Lease, without suit, trouble or hindrance from the County. The County will, at the Town's request and the County’s cost, join and cooperate fully in any legal action in which the Town asserts its right to such possession and enjoyment. In addition, the Town may at its own expense join in any legal action affecting its possession and enjoyment of the Cultural Facility and shall be joined (to the extent legally possible and at the Town's expense) in any action affecting its liabilities under this Lease.

      6.Maintenance and Repairs. The Town and the County shall execute, acknowledge and deliver a Joint Use Agreement (“JUA”) as set forth in Paragraph __ below which shall provide for shared use and maintenance of Common Space. The Town shall have the right at any time and from time to time to sell or dispose of any building furniture, removable equipment or non-structural fixtures which may have become obsolete or unfit for use or which is no longer useful, necessary or profitable in the conduct of the Town's use of the Cultural Facility. County and Town agree that the JUA shall provide that the parties share pro-rata, in the manner prescribed, expenses for repair, maintenance, and life cycle replacement relating to major mechanical, plumbing, electrical, exterior façade, foundation, roof, of the Project during the lease term, as well as use, maintenance and repair of the exterior Common Space. However, interior repairs and alterations shall be the responsibility of the occupying party, except for Common Space, which expenses shall be borne pro rata. Except for maintenance and repair expenses to the interior of the Cultural Facility space itself, the County shall have sole discretion to determine the necessity of all maintenance, repair, of life cycle replacement expenses for the Project and to contract for any such maintenance, repair, or life cycle replacement. 7. Alterations and Additions. The Town, shall have the right to make, at its sole cost and expense, any additions, alterations and changes in or to the Cultural Facility it finds necessary, desirable or convenient, upon approval by the County. At or before the expiration or termination of this Lease, the Town shall have the right to remove any and all fixtures that may belong to it or which it may have installed in the premises, except any fixtures that may be so affixed to the building as to become a part of the realty and not removable without causing material damage.

      8. Assignment and Subletting. The Town shall not be permitted to assign or sublet the Cultural Facility in whole or in part for use in accordance with the provisions of this Lease without prior written approval of the County. Where the Town is required to assign, transfer, or sublet its leasehold interest in conjunction with obtaining third party financing for construction of the Cultural Facility, the County agrees to cooperate and allow such transfer.

      9. Naming Rights. The Town shall have the rights to assign a name for the Cultural Facility, which shall last for the duration of the lease term, or until such time as the Town in its sole discretion decides to terminate or change the name.

      10. Insurance. The Town shall carry and maintain, at its sole expense, property damage and public liability insurance for the contents of the Cultural Facility in such amounts as needed. The County shall carry and maintain property damage insurance for the Project, less and except the contents of the Cultural Facility. The Town and County shall pay, pro rata, the costs of such property insurance. All insurance policies shall name both the Town and the County as additional insureds. Each party shall provide the other with proof of insurance upon request.

      11. Indemnification. To the extent permitted by law, the Town will and hereby agrees to indemnify and save the County harmless against and from all claims, by or on behalf of any person, firm or other legal entity, arising from the operation or management of the Cultural Facility during the Lease Term, including any arising from (a) any condition of the Property or (b) any negligent act of the Town or of any of its agents, contractors or employees. To the extent permitted by law, the County will and hereby agrees to indemnify and save the Town harmless against and from all claims, by or on behalf of any person, firm or other legal entity, arising from the operation or management of the Cultural Facility during the Lease Term, including any arising from (a) any condition of the Property or (b) any negligent act of the County or of any of its agents, contractors or employees.

      12. Damage or Destruction. If, at any time during the term of this Lease, the Project building, or any substantial part thereof, shall be damaged or destroyed by fire or other casualty the County, at its sole option, may repair, replace, restore or abandon all or any portion of the damaged area. If the damaged portion includes the Cultural Facility or any substantial portion thereof the Town, at its sole option, may terminate this Lease or remain as a tenant. If the Town elects to terminate this Lease, it shall notify the County of such intent within 30 days of the damaging event.

      If the Town terminates this Lease, the County may use Project building insurance proceeds to repair, replace, or restore only the non-Cultural
      Facility portion of the Project. Any insurance proceeds not reasonably required for such repair, replacement or restoration, including removal of
      any damaged portions of the Cultural Facility, shall be returned to Town as compensation for the Town’s contribution toward construction of the
      Project.

      If the County elects not to repair, replace or restore the Project building, any insurance proceeds received (excluding those attributable to
      reimbursement for contents of the non-Cultural Facility portion of the Project building) shall be shared with the Town on a pro rata basis,
      computed by comparing the contributions of each to the original construction costs of the Project.

      13. Cooperation. The Town and the County will cooperate fully together and in good faith in filing any proof of loss or taking any other action under this Lease. In no event will the Town or County voluntarily settle, or consent to the settlement of, any proceeding arising out of any insurance claim with respect to the Property without the other's written consent, which consent shall not be unreasonably withheld. 14. Further Assurances; Corrective Instruments. The County and the Town agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as either may reasonably request to correct any inadequate or incorrect description of the Cultural Facility hereby leased, or intended so to be, or for otherwise carrying out the intention of this Lease.

      15. Compliance with Requirements. During the Lease Term, the County and the Town will observe and comply promptly with all current and future orders of all courts having jurisdiction over the Cultural Facility or any portion thereof (or be diligently and in good faith contesting such orders), and all current and future requirements of all insurance companies writing policies covering the Cultural Facility or any portion thereof.

      16. Joint Use of Shared Facilities. Town, its invitees and licensees, shall have the non-exclusive right to access and use the Common Space in accord with the Joint Use Agreement which shall be developed pursuant to Paragraph 17 of this Lease.

      17. Joint Use Agreement. Prior to issuance of a certificate of occupancy for any portion of the Facility the Parties agree to enter into a Joint Use Agreement governing the following: 1) Programming and scheduling of Common Space, 2) Maintenance and repair of Common Space, 3) Maintenance of separate facilities; and 4) any other item of mutual concern the parties may subsequently identify. Repair, maintenance, and life cycle replacement of structural components as set forth in Paragraph 6 above shall generally be cost shared according to a pro-rata proportion of square footage allocated to each party’s use, with the exception that expenses related to Common Space shall be shared equally.

      18. Defaults; Remedies on Default. For the purposes of this Lease, the term “Event of Default” shall mean either the Town or the County's breaching or failing to perform or observe any term, condition or covenant of this Lease for a period of 45 days after written notice specifying such failure and requesting that it be remedied has been given to the breaching party by the non-breaching party, unless the non-breaching party agrees in writing to an extension of such time prior to its expiration.

      Upon the occurrence and during the continuation of any Event of Default, then the non-breaching party may at its option take one or any combination of the following remedial steps: a. Terminate this Lease; and

      19. Waivers. If any agreement contained herein should be breached by either party and thereafter waived by the non-breaching party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach under this Lease. 20. Notices. Any communication required or permitted by this Lease must be in writing except as expressly provided otherwise in this Lease. Any communication under this Lease will be sufficiently given and deemed given when delivered by hand, by confirmed facsimile transmission or by Federal Express or similar express delivery service, or on the date shown on a certified mail delivery receipt, when addressed as follows:
      (b) If to the County: County Manager, Wake County
      21. Binding Effect. Subject to the specific provisions of this Lease, this Lease will be binding upon and inure to the benefit of and be enforceable by the parties and their respective successors and assigns. 22. Changes. This Lease constitutes the entire agreement between the parties with respect to its general subject matter. This Lease may not be changed except in writing signed by all the parties.

      23. Severability. If any provision of this Lease, other than the requirement for the County to provide quiet enjoyment, is determined to be unenforceable, that will not affect any other provision of this Lease.

      24. Counterparts. This Lease may be executed in several counterparts, including separate counterparts. Each will be an original, but all of them together constitute the same instrument.

      25. Governing Law. The parties intend that this Lease will be governed by the law of the State of North Carolina.

      26. No Third-Party Beneficiaries. There are no entities which are, or which are intended as, third-party beneficiaries of this Lease, however County agrees to allow foreclosure of lease in the event of a default of financing on the part of the town.

      27. Construction. The rule that the terms of an agreement are to be strictly construed against the drafting party shall have no application to the construction or interpretation of this Lease.

      IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed in their corporate names by their duly authorized officers, all as of the date first above written.

      [Seal] WAKE COUNTY,
      NORTH CAROLINA
      ATTEST:

      ______________________________ By ____________________________
      Gwendolyn I. Reynolds Kenneth M. Gardner
      Clerk, Board of Commissioners Chairman, Board of Commissioners

      [Seal]

      This instrument is approved This instrument has been preaudited in the
      as to form and legal sufficiency. manner required by the Local Government
      Budget and Fiscal Control Act.

      ________________________ ______________________________
      Michael R. Ferrell Melinda Canady
      County Attorney Finance Director
      Wake County, North Carolina


      ATTEST: TOWN OF HOLLY SPRINGS,
      NORTH CAROLINA


      ______________________________ By ____________________________
      Joni Powell Richard G. Sears
      Town Clerk Mayor

      This instrument is approved This instrument has been preaudited in the
      as to form and legal sufficiency. manner required by the Local Government
      and Fiscal Control Act.


      ____________________ _____________________________
      John P. Schifano Drew Holland
      ******************

      APPROVAL OF SCHEMATIC DESIGN FOR A NEW
      WEST REGIONAL LIBRARY IN CARY

      The West Regional Library is the first new facility to be developed from the approved library plan. It will be the sixth regional library in the Wake County Public Library System and will serve an area of the County that is experiencing rapid growth that currently has no library in its vicinity. The new library will be located in the northeastern quadrant of the intersection of Louis Stephens Drive and Morrisville Parkway, near the Carpenter Village area of west Cary. The site was chosen through collaborative studies conducted by the County and Town of Cary. Through this partnership a parcel of land containing 11.1 acres was purchased for $848,750 by the Town and subsequently conveyed to the County. An interlocal agreement approved by the two governing Boards in 2003 outlined the terms and conditions of the property conveyance, size of the library and time frame for construction. The schematic design and project schedule currently proposed are both consistent with approved interlocal agreement.

      Upon motion of Commissioner Bryan, seconded by Commissioner Council, the Board unanimously approved the schematic design for the proposed West Regional Library in Cary.
      ******************

      AWARD OF CONSTRUCTION FOR RENOVATION
      AND EXPANSION OF CAMERON VILLAGE LIBRARY

      The Board of Commissioners recently approved a new Master Plan for County libraries. Based on the Master Plan, Cameron Village Regional Library is scheduled to be renovated and expanded to 36,000 square feet. This will allow the library to continue to meet programmatic needs, provide community training and meeting space, and expand its collection as well as to replace all building systems, and finishes. Life safety and accessibility issues will also be addressed.

      In September 2003, the Board approved schematic design for the renovation of the library, a new twenty-year lease with Branch Properties, LLC. As part of the executed lease agreement, the County is required to fund the cost of the renovation to the Cameron Village library.

      In accordance with NC General Statutes competitive bid proposals were received from contractors for construction of the Cameron Village Library renovations. The project was initially bid on July 2004. The lowest bid exceeded the budget for construction by 22%. The designers, contractors and County staff conducted a thorough review of the project and made certain modifications to reduce construction costs. Bids were received again on September 9, 2004, and the low bid exceeded the construction budget by 16 percent.

      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 the award of construction contract for the Cameron Village Regional Library renovations to D.S. Simmons, Inc. of Goldsboro, NC, in the amount of $4,652,000.
      ******************

      PROPERTY ACQUISITION FOR SPECIAL/OPTIONAL SCHOOL

      According to Section 115C-426 of the North Carolina General Statutes, the Wake County Board of Commissioners is responsible for approving the purchase of property by the Wake County Public School System. At its August 17, 2004 meeting, the Board of Education approved a resolution to purchase approximately 7.7 acres of land known as the Hedingham Oaks Office Complex, 4700 New Bern Avenue in Raleigh. The site includes two buildings, one of which is 32,520 square feet and will be renovated to house the special/optional school. The other building ifs 9,254 square feet and the plans for the building include assessment space for audiology, speech impairments, and learning disabilities. These functions are currently divided between the Noble Road facility and the Harriet B. Webster facility on Atlantic Avenue.

      The total purchase price is $3.2 million and the property was appraised for $4.75 million. The School System staff estimate the allocation of the purchase price to be $770,000 for land and $2,430,000 for improvements. The land portion would be paid from the land acquisition funds in Plan 2000 with the balance paid from the funds designated for the special/optional school.

      The Board of Commissioners received the report on the acquisition of the Hedingham Oaks Office Complex on New Bern Avenue at its September 20, 2004 meeting. There were no outstanding questions and the item will be placed on the October 4, 2004, consent agenda.
      ******************

      CONTRACT FOR PRINTING AND MAILING TAX BILLS

      A request for proposal was issued June 2004 to solicit bids from experienced vendors wishing to provide the Revenue Department and various municipalities and County departments with document production and distribution services. Six vendors submitted proposals to the request: Total Billings, Professional Mall Services Inc., Active Data Services, Wachovia, Progressive Business Solutions and CES Mail Communications. A bid review meeting was held in August 2004, with recommendation to award Progressive Mail Services Inc. the contract for the services.

      The contract will stipulate that the negotiated pricing will be available to all Wake County departments and municipalities should they chose to employ PMSI’s services at any time during the term of the contract.

      Upon motion of Commissioner Gurley, seconded by Commissioner Ward, the Board unanimously authorized the County Manager to negotiate contract for Revenue, Finance (solid waste), and Human Services departments and award Professional Mail Services, Inc. a three-year document production and distribution contract with the option of additional one-year renewals.
      ******************

      NORTH STATE MEDICAL TRANSPORT REQUEST FOR CONVALESCENT
      TRANSPORT AMBULANCE FRANCHISE REQUEST

      North State Medical Transport of Knightdale, North Carolina, is requesting the issuance of an ambulance franchise for operation of a non-emergency convalescent-care medical transport service pursuant to the provisions of Chapter 2-7, Article III of the Wake County Code of Ordinances, Licenses and Business Regulations-Ambulance Services, etc. Award of a convalescent ambulance franchise represents permission to deliver non-emergency ambulance transportation services, and does not involve County subsidies or payments.

      The Director of EMS has reviewed North State Medical Transport’s application for a non-emergency convalescent-care franchise and has determined that North State Medical Transport’s representations are consistent with the requirements of Wake County’s ambulance franchise ordinance.

      The owners of North Sate Medical Transport are Wake EMS employees who will operate North State Medical Transport during their off-duty hours. They have proposed and received secondary-employment approval conditions that include, but are not limited to, no conduct of any activities relating to North State and no promotion of North State during their Wake EMS working hours, and no conduct of any activities relating to Wake EMS during their off-duty hours that might cause confusion on the public’s part between North State Medical Transport and Wake EMS activities. These conditions have been included in the franchise ordinance.

      Franchise ordinances require two readings for approval by the Board of Commissioners and will be followed by a second reading at the October 4, 2004 meeting.

      Upon motion of Commissioner Ward, seconded by Commissioner Jeffreys, the Board unanimously approved issuing an ambulance franchise for non-emergency convalescent care ambulance service to North State Medical Transport, Knightdale, NC, subject to approval by the County Manager based on a finding of compliance by the Director of the Emergency Services Division of the Department of Public Safety with Chapter 2-7, Article III, Wake County Code of Ordinances and all applicable State statutes and regulations. (first reading)

      ORDINANCE GRANTING FRANCHISE TO
      NORTH STATE MEDICAL TRANSPORT FOR
      OPERATION OF A CONVALESCENT CARE AMBULANCE SERVICE

      WHEREAS, North Stage Medical Transport, located in Knightdale, North Carolina has applied for a franchise for operation of a non-emergency convalescent care ambulance transport service in Wake County; and

      WHEREAS, Chapter 2-7, Article III of the Wake County Code of Ordinances authorizes the grant of such a franchise by the Wake County Board of Commissioners; and

      WHEREAS, North State Medical Transport’s franchise request has been reviewed and given preliminary approval by the Director of the Division of Emergency Medical Services of Wake County’s Department of Public Safety; and

      WHEREAS, issuance of the requested franchise will take place only upon recommendation of such issuance to the County Manager by the Director of the Division of Emergency Medical Services;

      NOW, THEREFORE, BE IT ORDAINED, THAT North State Medical Transport be granted a franchise of five years’ duration for the delivery of non-emergency convalescent care ambulance transport service in Wake County, North Carolina, PROVIDED that such franchise be issued by the County Manager only upon a finding of compliance with the provisions of Chapter 2-7, Article III of the Wake County Code of Ordinances and all other applicable State statutes and regulations governing such ambulances services on the part of North State Medical Transport by the Director of the Emergency Medical Services Division of Wake County’s Department of Public Safety, a copy of which finding shall be maintained in the permanent files of the Clerk to the Board, PROVIDED FURTHER that this franchise does not establish or admit North State Medical Transport as part of the Wake County Model EMS System; and, PROVIDED FURTHER, that if North State Medical Transport does not offer the services authorized by this Ordinance, or discontinues the services authorized by this Ordinance during the life of the franchise, then, upon thirty (60) days’ notice by Wake County, the franchise authorized herein shall be declared null and void.
      ******************

      SUPPLEMENTAL LIFE, ACCIDENTAL DEATH AND DISMEMBERMENT, AND
      SHORT-TERM DISABILITY ADDITIONAL INSURANCE OPTIONS
      FOR EMPLOYEES

      In addition to County paid basic life insurance benefit, Wake County offers employees the opportunity to voluntarily purchase supplemental term life insurance, accidental death and dismemberment and short term disability coverage, provided by UnumProvident. The current supplemental life coverage is limited to an amount equal to the individual’s salary; dependent life coverage is limited to $2,500 for spouse and $1,000 for dependents.

      In order to look at providing supplemental life in greater amounts with more choice for employees and dependents, and to provide flexibility in the short-term disability program regarding the amount of the benefit and the length of the waiting period, the County’s brokers JRW Associates, sent RFP to nineteen different insurance companies. The Unum has the lowest rates, flexibility and is the current provider of the County employees’ life Insurance programs.

      The Unum proposal is to offer life insurance amounts in $10,000 increments up to a maximum of five times salary, with a guarantee issue of $200,000. Amounts over these limits can be purchased subject to medical underwriting approval up to a maximum of $500,000. Similar amounts can be purchased for spouse, with a guarantee issue of $50,000. Guaranteed life insurance coverage for children is offered in increments of $2,500 up to a maximum of $10,000. Accidental death and dismemberment for employee and spouse can be purchased separately from the life in increments of $10,000.

      Upon motion of Commissioner Bryan, seconded by Commissioner Council, the Board unanimously approved providing additional insurance options for employees on Supplemental Life, Accidental Death and Dismemberment, and Short-term disability through UnumProvident Life Insurance Company of America, effective January 1, 2005; the programs are voluntary to the employee and there is no premium cost for Wake County.
      ******************

      APPOINTMENT TO THE DOROTHEA DIX CAMPUS
      MASTER PLAN OVERSIGHT COMMITTEE

      In Session Law 2004-124, the North Carolina General Assembly directed the State Property Office of North Carolina Department of Administration to develop a new master plan for the Dorothea Dix Psychiatric Hospital Campus and established the Dorothea Dix Campus Master Plan Oversight Committee. This Oversight Committee has been charged with advising the State Property Office in the development of the master plan and providing feedback to the State and local policymaking bodies.

      The Oversight Committee will consist of five members. The Dorothea Dix Property Study Commission will appoint three members, the Wake County Board of Commissioners will appoint one member, and the Raleigh City Council will appoint one member. It was the intent of the State that policy makers be appointed to this Oversight Committee.

      Upon motion of Commissioner Bryan, seconded by Commissioner Council, the Board unanimously approved the appointment of Commissioner Betty Lou Ward to serve as a member of the Dorothea Dix Campus Master Plan Oversight Committee.
      ******************

      APPOINTMENTS

      Following nominations and upon motion of Commissioner Ward, seconded by Commissioner Council, the Board unanimously approved the appointments listed below, including the suspension of the rules regarding the Appointments Policy and term limits as it relates to the Adult Care Home Community Advisory Committee (Ms. Jean Gaddy and Ms. Linda Hancock):










      ******************

      COMMITTEE REPORTS

      Commissioner Webb, Chairman of the Public Safety Committee of the Board of Commissioners, reported that the Committee met and discussed changes to the County’s Noise Ordinance. As a result, the County Attorney has drafted a revised ordinance which has been reviewed by Committee members. The County Attorney briefly explained the changes and Commissioner Webb requested that the item be placed on the October 4, 2004, agenda for consideration by the full Board.
      RULES OF PROCEDURE
      REFERRED TO COMMITTEE

      By general consensus, the Board referred the issue of Board policy, specifically as its relates to rules of procedure, to the Growth, Land Use and Environment Committee for review and recommendation to the full Board.
      ******************
      OTHER BUSINESS

      Approval of August 30, 2004 minutes

      Chairman Gardner announced the approval of the minutes of August 30, 2004, upon the motion of Commissioner Webb, seconded by Commissioner Jeffreys and the unanimous vote of the Board. These minutes were not included in the motion made previously in the meeting.

      Tri-County Chairs Meeting

      Chairman Gardner commented on this month’s meeting of the Tri-County Chairs and the discussion of education and group homes, the costs of educating those children living in group homes and recovering those costs for children from out-of-county. Durham County has estimated a considerable cost per child, and the Chairman suggested that Wake look at this issue as well.
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      Senior Center – Wendell

      Commissioner Bryan reported that he along with the Chairman had met with Wendell officials to look at additional resources for their Senior Citizens Center—additional funding and working with Resources for Seniors.
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      Transportation Advisory Committee Meeting

      Commissioner Bryan also brought to the Board’s attention that at the last meeting of the Transportation Advisory Council, the Council prioritized its list for the Transportation Improvement Program to be submitted to the Department of Transportation. The number one project was the synchronizing of lights in Raleigh (which greatly impacts air quality), and the Falls of the Neuse bridge project which was moved from number ten to number six.
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      There being no further business to come before the Board at this time, Chairman Gardner adjourned the meeting at 5:25 p.m., upon the motion of Commissioner Council, seconded by Commissioner Ward and the unanimous vote of the Board.

      Respectfully submitted:

      Gwen Reynolds
      Clerk to the Board
      Wake County Commissioners