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    Minutes of February 19, 2007 Board of Commissioners' regular meeting (adopted)




29


Wake County Board of Commissioners

February 19, 2007

2:00 PM


The Wake County Board of Commissioners met in regular session Monday, February 19,

2007 at 2:00 p.m. in the Commissioners’ Room, 7th Floor, Wake County Courthouse, Raleigh,

North Carolina. Members present were Commissioners Lindy Brown; Joe Bryan; Paul Coble;

Kenn M. Gardner; Tony Gurley; Betty Lou Ward; and Harold Webb.


Chairman Gurley called the meeting to order.

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PLEDGE OF ALLEGIANCE


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INVOCATION
Commissioner Paul Coble offered the invocation.


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APPROVAL OF AGENDA

Chairman Gurley stated the retirement recognition had been postponed.

Upon motion of Commissioner Gardner, seconded by Commissioner Webb, the Board unanimously approved the agenda of February 19, 2007.

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MINUTES

Upon motion of Commissioner Ward, seconded by Commissioner Gardner, the Board unanimously approved the Minutes of January 26 and January 27, 2007; February 5 and February 12, 2007.
RETIREE RECOGNITION

This item was cancelled.
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WAKE COUNTY EROSION AND SEDIMENTATION CONTROL PROGRAM
NAMED THE BEST LARGE LOCAL PROGRAM IN
NORTH CAROLINA FOR 2006

Mr. David Cooke stated this program was designed to recognize local programs with a high degree of compliance in areas where there has been land disturbing programs. He introduced the team of staff members that were recognized for being the best large program in the state. The team received this award in Winston-Salem last month. He stated initiatives in 2006 included: requiring silt fences on all residential lots, the addition of Lunch and Learn training sessions for builders/developers and the publication of a newsletter. Program improvements in 2006 were for reduction in water pollution and control sediment runoff. Wake County also administers programs for seven municipalities. Mr. Cooke introduced each team member and presented a plaque to the team.

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CONSENT AGENDA

Upon motion by Commissioner Ward, seconded by Commissioner Brown, the Board unanimously approved the items for consent as presented.

AMBUMED NC INC.
REQUEST FOR CONVALESCENT TRANSPORT AMBULANCE FRANCHISE

Specific Action Approved: Upon motion by Commissioner Ward, seconded by Commissioner Brown, the Board voted unanimously to approve issuing an ambulance franchise for non-emergency convalescent care ambulance service to AmbuMed NC, Inc., of Ayden, North Carolina, subject to approval by the County Manager.
ORDINANCE GRANTING FRANCHISE TO AMBUMED NC, INC.
FOR OPERATION OF A CONVALESCENT CARE AMBULANCE SERVICE

WHEREAS, AmbuMed NC, Inc., located in Ayden, North Carolina, has applied for a franchise for operation of a 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, AmbuMed NC, Inc.’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 by the Director of the Division of Emergency Medical Services to the County Manager;

NOW, THEREFORE, BE IT ORDAINED, THAT AmbuMed NC, Inc. be granted a franchise of five years’ duration for the delivery of 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 AmbuMed NC, Inc. 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, and, PROVIDED FURTHER, that if AmbuMed NC, Inc. 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 sixty (60) days’ notice by Wake County, the franchise authorized herein shall be declared null and void.

Effective this 19th day of February, 2007.

ATTEST:


_____________________________ _________________________
Tony Gurley Susan Banks
Chairman Clerk to the Board

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REVISIONS TO BOARD OF COMMISSIONERS’
FEDERAL LEGISLATIVE AGENDA FOR 2007

Specific Action Approved: Upon motion by Commissioner Ward, seconded by Commissioner Brown, the Board voted unanimously to approve the revisions to Wake County’s federal legislative agenda for 2007.

DepartmentPROJECTDESCRIPTION FUNDING
NEEDED
AMOUNT
OF
POTENTIAL
REQUEST
POTENTIAL
FUNDING SOURCE
NOTES
Environmental
Services
Western Wake
Regional Water
Reclamation
Facility
Construction of a new
wastewater manage-
ment facility to pre-
treat raw wastewater
from several area
towns to reduce toxic
discharges into the
Cape Fear River basin
$2 million$2 millionInterior Appropriations
bill under the EPA’s
State and Tribal
Assistance
Grants (STAG)
This is Cary’s top appropriations
request.
      Human
      Services
Community-
based
Mental Health
Care Facility
Development of a
facility to treat the
mentally ill as part of
the creation of an
area-wide continuum
of care
$1 million$1 millionLabor-Health and Human
Services-Education
Appropriations under the Health Resources and Services Administration’s
Construction
and Renovation of Health Care
Facilities Program
Emphasis to be
placed on creation
of a mental health
network, with this
facility as a part
Parks and
Recreation
Swift Creek
Greenway
Construction of a
greenway system for
recreation, water
quality protection,
and traffic mitigation.
$1 million$800,000Transportation-Housing Appropriations bill under DOT / Surface Transportation Programs or Transportation and Community and System Preservation (TCSP) ProgramCan only seek
80% of project
cost
      Environmental
      Services
North Wake
Landfill
Environmental
Education
Center
Construction of an
environmental educ-
ation center to teach
the community proper
land stewardship
$1 million$500,000Transportation-Housing Appropriations bill
under HUD/ EDI
Very competitive
account. Must only
submit 1 EDI
request. Rep.
Miller supported
this in FY07
      Human
      Services
Partnership
for
Education
Success
Seek funds to conduct
an performance evalu-
ation of this partner-
ship program between
Human Services and
Wake County Public
School System
$1 million$1 millionLabor-HHS-Education Appropriations bill under the Department of
Education’s Fund for the Improvement of
Education
Seek to engage
Human Services
Board in lobbying
effort
Public
Safety
800MHz Base
Infrastructure
Expansion
      Expansion of
      Interoperable Radio Communication
      System Access
$750,000$750,000Commerce-Justice-State
Appropriations bill under the
Department of Justice’s
COPS Law Enforcement
Technology Program and
Homeland Security
Appropriations bill,
under Interoperable
Communications
Request that City
of Raleigh support
project
ADJUSTMENTS TO THE SALARY SCHEDULE
DUE TO CHANGES IN THE NORTH CAROLINA MINIMUM WAGE



The North Carolina General Assembly increased the North Carolina Minimum Wage to $6.15 per hour, effective January 1, 2007. While Wake County has already taken the necessary steps to adjust the hourly rates of employees impacted by this increase, we the County needs to update its Salary Schedule so that it is also in accordance with the new law. The hourly rates listed for Band 1 of the Non-Exempt Salary Schedule will be adjusted to $6.15 at the minimum and $10.45 at the midpoint. These hourly rates annualized will be $12,792 and $21,741 respectively. The maximum will remain unchanged. The effective date of this adjustment will be retroactive to January 1, 2007.

Specific Action Approved: Upon motion by Commissioner Ward, seconded by Commissioner Brown, the Board voted unanimously to approve the request to adjust the Salary Schedule to reflect the new minimum wage and grant the County Manager the authority to make future adjustments resulting from state or federally mandated increases.


NONEXEMPT SCHEDULE
BAND MINIMUMMIDPOINTMAXIMUM
1ANNUAL$12,792$21,741$30,690
MONTHLY$1,066.00$1,811.75$2,557.50
HOURLY$6.15$10.45$14.75
2ANNUAL$20,150$26,900$33,650
MONTHLY$1,679.15$2,241.67$2,804.18
HOURLY$9.69$12.93$16.18
3ANNUAL$22,280$29,750$37,220
MONTHLY$1,856.67$2,479.17$3,101.67
HOURLY$10.71$14.30$17.89
4ANNUAL$24,680$32,950$41,220
MONTHLY$2,056.67$2,745.83$3,435.00
HOURLY$11.87$15.84$19.82
5ANNUAL$27,460$36,660$45,860
MONTHLY$2,288.33$3,055.00$3,821.67
HOURLY$13.20$17.63$22.05
6ANNUAL$30,710$41,000$51,290
MONTHLY$2,559.17$3,416.67$4,274.17
HOURLY$14.76$19.71$24.66
7ANNUAL$34,830$46,500$58,170
MONTHLY$2,902.50$3,875.00$4,847.50
HOURLY$16.75$22.36$27.97
8ANNUAL$39,330$52,500$65,670
MONTHLY$3,277.50$4,375.00$5,472.50
HOURLY$18.91$25.24$31.57
9ANNUAL$44,380$59,250$74,120
MONTHLY$3,698.33$4,937.50$6,176.67
HOURLY$21.34$28.49$35.63
10ANNUAL$50,190$67,000$83,810
MONTHLY$4,182.50$5,583.33$6,984.17
HOURLY$24.13$32.21$40.29
EXEMPT SCHEDULE
BAND MINIMUMMIDPOINTMAXIMUM
26ANNUAL$33,260$44,400$55,540
MONTHLY$2,771.67$3,700.00$4,628.33
HOURLY$15.99$21.35$26.70
27ANNUAL$36,070$48,150$60,230
MONTHLY$3,005.83$4,012.50$5,019.17
HOURLY$17.34$23.15$28.96
28ANNUAL$39,250$52,400$65,550
MONTHLY$3,270.83$4,366.67$5,462.50
HOURLY$18.87$25.19$31.51
29ANNUAL$43,070$57,500$71,930
MONTHLY$3,589.17$4,791.67$5,994.17
HOURLY$20.71$27.64$34.58
30ANNUAL$47,750$63,750$79,750
MONTHLY$3,979.17$5,312.50$6,645.83
HOURLY$22.96$30.65$38.34
31ANNUAL$53,000$70,750$88,500
MONTHLY$4,416.67$5,895.83$7,375.00
HOURLY$25.48$34.01$42.55
32ANNUAL$58,610$78,250$97,890
MONTHLY$4,884.17$6,520.83$8,157.50
HOURLY$28.18$37.62$47.06
33ANNUAL$64,790$86,500$108,210
MONTHLY$5,399.17$7,208.33$9,017.50
HOURLY$31.15$41.59$52.02
34ANNUAL$71,720$95,750$119,780
MONTHLY$5,976.67$7,979.17$9,981.67
HOURLY$34.48$46.03$57.59
35ANNUAL$79,210$105,750$132,290
MONTHLY$6,600.83$8,812.50$11,024.17
HOURLY$38.08$50.84$63.60
36ANNUAL$88,010$117,500$146,990
MONTHLY$7,334.17$9,791.67$12,249.17
HOURLY$42.31$56.49$70.67
37ANNUAL$97,000$129,500$162,000
MONTHLY$8,083.33$10,791.67$13,500.00
HOURLY$46.63$62.26$77.88

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PUBLIC HEARING
REQUEST FOR GRAVE DISINTERMENT, REMOVAL, AND
REINTERMENT FOR BELLE JONES CEMETERY,
LOCATED OFF OF STRICKLAND ROAD


Mr. Joe Mangum of the Wake County Planning Department presented the request for grave disinterment, removal and re-interment for Belle Jones and one other person with no known historical significance. Ms. Irene Kittinger had also stated there was no historical significance in these graves. A public hearing was required in this situation by General Statute. Mr. Mangum noted other requirements of the law. The petition by Of Grave Concerns, representing Eastman Development Companies, LLC, to remove the remains within approximately five (5) graves, all of which are unidentified. One displaced marker was found on the site, which reads “Belle Jones Was Born – April 20, 1854 – Feb. 28, 1885”. The cemetery is located on a 90.42. acre parcel on the northern side of Strickland Road between Ray Road and Leesville Road. The property is within Raleigh’s extra-territorial jurisdiction (ETJ), is zoned Rural Residential and is currently schedule to be annexed by Raleigh later this year. Removal of the graves will allow for construction of the proposed Wynbrooke Subdivision. The petitioner intends to re-inter the remains within Oakwood Cemetery located on Oakwood Avenue. Staff finds the petitioner met all the requirements.

Chairman Gurley opened the public hearing.

John Clauser, of Grave Concerns, said the stone was knocked down. They stopped work on the lot and had contacted a funeral home director. They continued development except for that area. They will remove the graves and move them to Oakwood Cemetery for perpetual care. He said there were no comments from the legal ad. He has talked with Irene Kittinger and the Planning Department.

Commissioner Gardner asked if a ceremony is held on re-interment. The remains are due respect and he talked with a minister about doing possibly holding a brief service.

Chairman Gurley closed the public hearing. Planning Staff recommends the request be granted.

Specific Action Approved: Following the public hearing, Commissioner Ward motioned, seconded by Commissioner Coble, the Board voted unanimously to disinter, relocate, reinter the graves from Belle Jones Cemetery.
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PUBLIC HEARING
REQUEST FOR GRAVE DISINTERMENT, REMOVAL, AND RE-INTERMENT
FOR THE MAJOR JOHN HINTON FAMILY CEMETERY, LOCATED ON US 64
BUSINESS EAST BETWEEN THE NEUSE RIVER AND WESTOVER DRIVE
WITHIN THE TOWN OF KNIGHTDALE’S EXTRATERRITORIAL JURISDICTION

Mr. Keith Lankford presented the request for grave disinterment, removal and re-interment for the Major John Hinton Family Cemetery, located on US 64 Business East between the Neuse River and Westover Drive within the Town of Knightdale’s Extraterritorial Jurisdiction.

The petition, by Wake Memorial Park, representing Parkway Properties Group, LLC, to remove the remains within approximately ten (10) graves, four (4) of which are unidentified. The cemetery is approximately 875 square feet in size and is located on a 21.37 acre parcel on the southern side of US Highway 64 Business, adjacent to the Neuse River. The property is within Knightdale’s Extraterritorial Jurisdiction (ETJ) and is zoned (by Knightdale) as Highway Business. The removal of the graves will allow for construction of a commercial development on this property. The petitioner intends to re-inter the remains within Oakwood Cemetery located on Oakwood Avenue in the City of Raleigh, approximately five (5) miles west of the existing site.
The Wake County Environmental Services will oversee the re-interment.

The site of the Hinton cemetery, known as Clay-Hill-on-the-Neuse Plantation, was considered as a site for the State Capitol before the current location was ultimately selected. Major John Hinton, Jr. and his family were prominent members in the history of Raleigh and the State of North Carolina. A report on the Hinton family history was provided. The Hinton family is linked to the Lane family and Mordecai family. The graves were of his wife Pherebee Smith Hinton, two sons, two daughters and the rest were unidentified. Mr. Ed Morris, Chairman of the Wake County Historic Preservation Commission, provided a written comment regarding the Hinton family cemetery. Mr. Morris recommended that the cemetery be preserved and incorporated into the design of any future development of the property. A stone wall was built around the graves. The family disassembled the wall. The wall will be reconstructed by the developer.

The petitioner has offered to do the following concerns to be addressed:

1. The petitioner has proposed to recognize the historical significance of the Hinton family both at the existing cemetery and the proposed relocation site – Oakwood Cemetery – by erecting plaques at both sites that would acknowledge the Hinton family and their contributions to Wake County and State of North Carolina. 2. The petitioner has offered to clean and repair, if necessary, the tombstones that are to be relocated with the graves to Oakwood Cemetery.

3. Te petitioner has also offered to rebuild the stone wall that had enclosed the Hinton cemetery in the Oakwood Cemetery location.

Mr. Ed Morris, Chair of the Wake County Historic Preservation Commission, informed staff of an article written in 1903 by Mrs. Mary Hilliard Hinton.

Chairman Gurley opened the public hearing.

Mr. Charles Hinton Silver, from Midway plantation, said this is his ancestors’ graves. He said the family is pretty happy with this plan. This is not the first time they have moved graves. It is hard to keep a graveyard maintained in the middle of nowhere. This way they could be recognized. The wall was carefully preserved while it was being maintained. They may have to reduce it in size. They will reconstruct the wall like it was before and a marker will be where it was located. A service will be held during the re-interment. They take care of the cemetery at the Oaks. This is a great relief to his family.

Mr. Mike Huddle, of Parkway properties, said they did not take this finding lightly. Surveyors discovered the cemetery on this site. The wall looked like a foundation because it was in such bad shape. They believe the graves would be moved to a better environment. There has been talk about this area being an area of excavation or destruction of Indian relics, artifacts, mounds or burial grounds. They are waiting for Knightdale in order to move forward.

Wake County Planning Staff recommendation was to approve the request with the following three conditions:
1) Erecting a historical significance plaque at the existing Hinton Cemetery and Oakwood Cemetery re-interment.
2) Cleaning and repairing tombstones if necessary.
3) Rebuilding the Hinton Cemetery stone wall in the Oakwood Cemetery.

Specific Action Request: Following a public hearing, Commissioner Bryan motioned, seconded by Commissioner Webb, the Board voted unanimously to approve the request to disinter, relocate, and re-inter the graves from the Hinton Cemetery including the three provisions offered by the petitioner to the Hinton family:
1) Erecting a historical significance plaque at the existing Hinton Cemetery and Oakwood Cemetery re-internment sites;
2) Cleaning and repairing tombstones if necessary; and
3) Rebuilding the Hinton Cemetery stone wall in the Oakwood Cemetery location.
.
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REALLOCATE PLAN 2000 FUNDS

Mr. Don Haydon, Wake County Public Schools, presented the request to Reallocate Plan 2000 Funds. This request from the Board of Education is for reallocation of $150,000 from Plan 2000 program funds for Wiley Elementary. Chairman Gurley stated this is the first reading of the two required readings. Chairman Gurley stated that if there are no additional questions, this request will be on the consent agenda for the March meeting.

Commissioner Bryan asked if this request was for a full size gym for Wiley Elementary. Mr. Haydon said it is probably a full size, multipurpose gym. Commissioner Gardner asked if this was an access project and it has a replacement for the gym floor.

Commissioner Gardner asked about the documents on construction projects that used to be sent to the commissioners on a regular basis. Mr. Haydon said the information is on their webpage.

RESOLUTION REQUESTIONG REALLOCATION OF FUNDING
PLAN 2000 CAPITAL BUILDING PROJECTS

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

WHEREAS, the Wake County Board of Education has approved the projects listed below as part of it s PLAN 2000 Building Programs, and contracts have been or will be let for planning and design services.

NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Wake County Board of Education requests that the Wake County Board of Commissioners reallocate funds as follows:

FROM
AMOUNT
To
AMOUNT
PLAN 2000 Building Program
Program Contingency
$150,000
Wiley Elementary
$150,000
PLAN 2000 Total
$150,000
PLAN 2000 Total
$150,000

Resolved this 6th day of February 2007 WAKE COUNTY BOARD OF EDUCATION


By: _______________________________
Patti Head, Chair


Attest: ______________________________
Del Burns, Ed.D., Secretary


Resolution R-2007-XX
Reallocate Funds for Plan 2000 School Capital Projects

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

WHEREAS, the Wake County Board of Education has duly requested, through a resolution adopted February 6, 2007, that the Board of Commissioners approve the reallocation of $150,000 from Plan 2000 program contingency to Wiley Elementary.

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

FROM
AMOUNT
To
AMOUNT
PLAN 2000 Building Program
Program Contingency
$150,000
Wiley Elementary
$150,000
PLAN 2000 Total
$150,000
PLAN 2000 Total
$150,000

Adopted this the 12th day of March 2007.

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REPORT ON THE REQUEST FROM WAKE COUNTY
BOARD OF EDUCATION TO REALLOCATE PLAN 2004 FUNDS

Mr. Don Haydon said this request was funds for two schools, Martin Middle and East Garner Elementary Schools which are time critical projects. They reduced the project but they still need funds for installing a water line and fire watch. They are hoping to get some funds back on this project. They also need to add a lane on Jones Sausage Road. This will be brought back for a second reading on March 12th meeting.
RESOLUTION REQUESTING REALLOCATION OF FUNDING
PLAN 2004 CAPITAL BUILDING PROJECTS

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

WHEREAS, the Wake County Board of Education has approved the projects listed below as part of its PLAN 2004 Building Programs, and contracts have been or will be let for planning and design services.

NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Wake County Board of Education requests that the Wake County Board of Commissioners reallocate funds as follows:

FROM
AMOUNT
To
AMOUNT
PLAN 2000 Building Program
Program Contingency
$800,000
East Garner Elementary (E13)
$250,000
Martin Middle
$550,000
Plan 2004 Total
$800,000
PLAN 2004 Total
$800,000
Resolved this 6th day of February 2007 WAKE COUNTY BOARD OF EDUCATION


By: _______________________________
Patti Head, Chair


Attest: _____________________________
Del Burns, Ed., D. Secretary


RESOLUTION R-2007-XX
REALLOCATE PLAN 2004 FUNDS

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

WHEREAS, the Wake County Board of Education has duly requested, through a resolution adopted February 6, 2007 that the Board of Commissioners approve the reallocation of $800,000 from Plan 2004 program contingency to Martin Middle ($550,000) and E-13, East Garner Elementary ($250,000) as listed below:

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

FROM
AMOUNT
To
AMOUNT
PLAN 2000 Building Program
Program Contingency
$800,000
Martin Middle
$550,000
E-13 East Garner Elementary
$250,000
Plan 2004 Total
$800,000
PLAN 2004 Total
$800,000
Adopted this the 12th day of March 2007.

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UTILIZATION AGREEMENT WITH WENDELL FIRE DEPARTMENT, INC.
FOR CO-LOCATION OF WAKE EMS SYSTEM AMBULANCE STATION AT
WENDELL FIRE STATION 2

Mr. John Rukavina presented a request for co-location of the Wake EMS System Ambulance Station at Wendell Fire Station 2

The plan includes the following:

1. Acquisition by Wake County of 1.48 acres of land for $60,000 to accommodate renovation of Wendell Fire Station 2, including renovation and expansion of the station’s septic system (the Board of Commissioners authorized acquisition of this land at its February 5, 2007 meeting); and 2. Design and construction management of alterations and additions to the Wendell Fire Station 2 to accommodate up to two Eastern Wake EMS ambulances by Wake County, under the supervision of Facilities Design/Construction staff at an estimated construction cost of $550,000, which is available for this project in the FY 2007-2013 Capital Improvement Plan.

The plan requires execution of a utilization agreement, authorizing Wake County to undertake the renovation and alterations at Wendell Fire Station 2 to provide co-location space, and providing for use of that co-location space by the Wake EMS System. This utilization agreement includes the following provisions:

Minimum 30-year utilization period with provision for extension
“Buyout” and substantial-notice provisions in the event either party agrees to vacate
Utility cost sharing based on proportion of building occupied
In consideration of shared use of Wendell Fire Station 2 over the life of this agreement, conveyance of land acquired by Wake County for purposes of this co-location project to Wendell Fire Department, Inc.

Upon motion by Commissioner Gardner, seconded by Commissioner Coble, the Board voted unanimously to authorize the negotiation and execution of a 30-year utilization agreement with the Wendell Fire Department, as approved by the County Attorney, authorizing the County to perform alterations to Wendell Fire Station 2 to provide for occupancy and use of space and facilities and for co-location of Wake EMS System resources, and, in consideration thereof, conveyance of 1.48 acres acquired by Wake County for that co-location to Wendell Fire Department, Inc.





THIS UTILIZATION AGREEMENT (“Agreement”) is made and entered into this day of by and between the WENDELL HOLMES RURAL FIRE DEPARTMENT, INC. (hereinafter, “DEPARTMENT”) and the COUNTY OF WAKE, (hereinafter, “COUNTY”).

WITNESSETH:
DEPARTMENT and COUNTY have had a long-standing relationship in the form of an Agreement through which DEPARTMENT delivers fire protection to a substantial part of an unincorporated area of COUNTY.

DEPARTMENT has agreed to authorize COUNTY to undertake construction at DEPARTMENT’s Fire Station 2, located at 6529 Bethany Church Road 5617 Hilltop Road to provide for the housing of personnel and vehicles required to operate one COUNTY emergency medical services (hereinafter, “EMS”) ambulance, operated by COUNTY’s agents, employees and/or contractors, and to house one spare ambulance and/or EMS supervisor at Fire Station 2 on a continuous basis, and the parties are entering into this Agreement in order to document their respective understandings and obligations in regard to COUNTY occupancy and use of Fire Station 2.

NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, DEPARTMENT hereby presents use of the fire station to COUNTY, and COUNTY hereby takes from DEPARTMENT, those areas within Fire Station 2, as depicted in drawings attached hereto and incorporated herein, and marked “Exhibit A – Fire Station 2” for use in connection with operation of an EMS ambulance at Fire Station 2, and subject to the conditions set forth herein.

1. Term. This Agreement shall be for an initial term of thirty years and shall renew automatically for successive five-year terms, unless notice to terminate is given pursuant to this Agreement.

2. Construction. DEPARTMENT and COUNTY agree that COUNTY will assume responsibility, through its Facilities Design/Construction Department, for undertaking the specification and design and supervising the construction connected with the provision of operations space for a COUNTY EMS unit(s) and staff at Fire Station 2 as follows:

A. COUNTY agrees to submit to the DEPARTMENT final construction documents for review and approval prior to any solicitation of bids.

B. COUNTY herewith establishes the following dates for implementing key construction activities:

(1) Construction documents finalized: (date)

(2) Receipt of bids from contractors: (date)

(3) Construction contract awarded: (date)

(4) Notice to proceed with construction issued to contractor: (date)

(5) Construction substantially completed (as certified by the Project architect): (date)

(6) Final project completion (as certified by the County Project manager: (date) C. COUNTY agrees to solicit bids for the Project in a manner consistent and compliant with state law and County policies concerning the solicitation and award of bids for the Project.

D. COUNTY agrees to furnish the following documents to the DEPARTMENT upon receipt or as otherwise indicated: (1) The County’s construction manager’s certifications that: a. The contractor has achieved substantial completion of the work; and

b. The contractor has achieved final (2) Copies of all final inspection Certificates issued pursuant to the requirements of the construction documents and the North Carolina State Building Code.
3. Use. COUNTY shall use and occupy Fire Station 2 solely for purposes of basing EMS resources at that station and shall comply with all laws, ordinances, orders or regulations of any lawful authority having jurisdiction over Fire Station 2 and the use thereof. DEPARTMENT and COUNTY agree that, should a question arise concerning use of either fire station, COUNTY shall consult with DEPARTMENT. COUNTY shall not use Fire Station 2 for any activity which might constitute a nuisance or which increases insurance premiums or makes appropriate insurance unavailable.

4. Land. In consideration of COUNTY’s use and occupancy of Fire Station 2, COUNTY agrees to convey, at no cost to DEPARTMENT, 1.48 acres of land acquired by COUNTY for purposes of this agreement, described in Exhibit 2, “Wendell Fire Station 2 Land” upon execution of this Agreement.

5. Maintenance. DEPARTMENT shall provide maintenance, repair and modification services to and for the fire station as follows: A. Installation and monitoring of such fire/smoke alarm system as is customary for other DEPARTMENT buildings; B. Additional alterations and renovations that may be required to carry out the purpose of this Agreement, provided that, before such alternations and renovations are undertaken, DEPARTMENT and COUNTY agree to consult for purposes of reviewing alteration/renovation plans, establishing a project schedule and project management and establishing responsibility for the cost of such alteration and/or renovation; C. Electrical and other utilities shall be paid directly by the DEPARTMENT. COUNTY (or its contractor) agrees to reimburse DEPARTMENT for such costs in proportion to the square footage of Fire Station 2 established for EMS use, as depicted in Exhibit A. DEPARTMENT shall not be liable for loss or damage arising from failure to provide the foregoing utilities or services as a result of strike, casualty, repairs or other causes beyond DEPARTMENT’s reasonable control;

D. Monitoring, maintenance and repair of foundation and structure, roof, outer walls, inner walls and inner wall coverings, windows and coverings, doors and locks, ceiling and floor coverings (except to the extent that DEPARTMENT and COUNTY provides customary maintenance of clean floor surfaces as described elsewhere in this section), mechanical HVAC, heating/ventilation/air conditioning systems, lighting and power distribution systems, water and plumbing systems and life safety systems (including, but not limited to fire/smoke alarm systems and fire extinguishers) and special systems, including (but not limited to) exhaust removal systems and generators; DEPARTMENT further agrees that it will provide emergency repair response in a manner consistent with its customary repair response for Fire Station 2.

E. COUNTY agents, employees and/or contractors shall provide basic janitorial services, including floor cleaning, cleaning of EMS storage facilities, maintenance of EMS equipment and such other housekeeping activities as are customarily provided at comparable COUNTY EMS facilities; COUNTY EMS staff shall further join the DEPARTMENT’s firefighters at Fire Station 2 in housekeeping and maintenance activities in those areas of the fire station that are used jointly (including, but not limited to, dayroom, kitchen and bathrooms) as agreed upon, in writing by DEPARTMENT’s Fire Chief and by COUNTY’s representative for this purpose as designated by COUNTY’s Director of Public Safety. DEPARTMENT agrees to provide for maintenance of grounds at Fire Station 2, including (but not limited to) yard and plantings, and for periodic surface cleaning of driveway and parking areas.

F. COUNTY agrees that it (or its contractor) is responsible for furnishing and installing such furniture, furniture partitions, and office equipment and such other furnishings that are required for housing of EMS crews operating continuously from Fire Station 2. COUNTY further agrees to furnish and install such telephone and computer systems and associated furnishings, radio and computer-assisted dispatch and related equipment as are customarily furnished at other COUNTY EMS facilities.

G. DEPARTMENT agrees to maintain suitable locks on all exterior entrance and service doors, and to present copies of the keys thereto to COUNTY, at which time COUNTY agrees to assume full responsibility for key control for COUNTY, its agents, employees and contractors. 6. DEPARTMENT Entry. DEPARTMENT may enter the EMS quarters at Fire Station 2 at reasonable times and in a reasonable manner to inspect or exhibit same, to comply with DEPARTMENT's obligations under this Agreement, including the making of repairs and renovations required elsewhere in this Agreement provided such entry does not unreasonably disturb COUNTY's quiet enjoyment of those EMS quarters. 7. Quiet Enjoyment. COUNTY shall quietly have and enjoy those areas of Fire Station 2 furnished for their use at Fire Station 2 during the term of this Agreement without hindrance or molestation by DEPARTMENT or by anyone claiming through DEPARTMENT, subject to conditions of this Agreement, and any easements or encumbrances of record as of the date of this Agreement. DEPARTMENT shall not be responsible or liable to COUNTY for any loss or damage resulting to COUNTY or its property from burst, stopped or leaking water, gas, sewer, sprinklers or steam pipes or plumbing fixtures or from any failure of or defect in any electric line, circuit, or facility, unless caused by DEPARTMENT negligence.

8. Repairs. DEPARTMENT shall, at its own expense, after notice from COUNTY of the need therefore, make any repairs to the roof or structural portions of Fire Station 2 as specified in section 3 as may be necessary for safe and reliable occupancy, except that DEPARTMENT shall not be required to make, and COUNTY shall make, any such repairs made necessary by the act or neglect of COUNTY, its agents, employees or visitors. Unless caused by its negligence, DEPARTMENT shall not be liable for loss or damage to property of COUNTY resulting from any defective condition in or about the fire station. As provided elsewhere herein, DEPARTMENT shall keep and maintain Fire Station 2 in good order and repair during the term of this Agreement and upon termination of this Agreement shall surrender those areas of Fire Station 2 established for EMS use by this Agreement to DEPARTMENT at such time as the expiration or earlier termination of this Agreement in as good condition as when received (or subsequently improved or altered), normal wear and tear excepted.

9. Improvements. All improvements, alterations and additions to the fire station desired by COUNTY, and not otherwise approved and funded by DEPARTMENT shall be made at COUNTY’S expense, in good and workmanlike manner in accordance with plans for improvements and specifications which have been previously approved in writing by DEPARTMENT, and in a workmanlike manner as approved by DEPARTMENT upon final inspection, such approvals not to be unreasonably withheld. If the improvements, alterations or additions are to be made by a contractor other than COUNTY, DEPARTMENT reserves the right to approve such contractor, which approval shall not be unreasonably withheld, and to require adequate lien waivers, bonds, permits, licenses and insurance. At no time may COUNTY do any work that could result in a claim of lien against DEPARTMENT. COUNTY agrees to indemnify and hold DEPARTMENT harmless from any and all mechanics or material man’s liens resulting from work contracted for by COUNTY. All improvements and additions made by COUNTY and attached to Fire Station 2, including without limitation all improvements and additions shall be considered a fixture for purposes of fire station ownership, unless the same can be removed by COUNTY without significant change to the premises.

10. Signage. COUNTY agrees to furnish and maintain appropriate exterior signage indicating the presence of an EMS ambulance. For this purpose COUNTY agrees to consult with DEPARTMENT in design of such signs and for placement of such signs in a manner consistent with ordinances, policies and/or practices of DEPARTMENT, and DEPARTMENT agrees that DEPARTMENT will not unreasonably withhold its approval of such signage. 11. Rules and Regulations. COUNTY, for itself, its agents, employees and/or contractors, agrees to comply with all rules and regulations which DEPARTMENT may from time to time promulgate for the care and protection of the Building and the safety, comfort and welfare of its occupants and DEPARTMENT shall reciprocate with regard to rules promulgated by COUNTY, its agents, employees and/or contractors provided that such COUNTY rules are not otherwise inconsistent with this Agreement. Neither party shall be liable to the other for the failure of any other person to comply with such rules and regulations. DEPARTMENT and COUNTY each agree to consult the other in development of the rules and regulations described herein.

12. Property of COUNTY. So long as COUNTY is not in default under this Agreement, COUNTY may, and at the expiration or earlier termination hereof shall, remove all furniture, equipment and other personal property which COUNTY shall have placed in the fire station; provided that COUNTY shall repair any damage to the fire station caused by such removal. All such property shall, during the term hereof, be at the risk of COUNTY only, and COUNTY shall not be liable for any loss thereof or damage thereto resulting from any cause whatsoever; and each policy of insurance covering such property shall contain a standard waiver of subrogation endorsement. Any such property not removed at the expiration or earlier termination of this Agreement shall be deemed abandoned and may be disposed of by DEPARTMENT in any manner whatsoever.

13. Insurance. DEPARTMENT shall, during the entire term hereof, maintain in force casualty insurance on its interest in the Building in such amounts and against such hazards and contingencies as DEPARTMENT shall deem desirable for its own protection; provided, however, DEPARTMENT shall not be obligated to insure any furniture, equipment or other property placed in the Fire station by or at the expense of COUNTY. COUNTY shall not use or permit any use of the fire station that would invalidate or conflict with the terms of any standard form of hazard insurance policy covering risks insured by DEPARTMENT. During the term of this Agreement, COUNTY shall keep in full force and effect, at its expense, a policy or policies of commercial general liability insurance (or self-insurance equivalent thereto) with respect to the fire station in which both DEPARTMENT and COUNTY shall be adequately covered under reasonable limits of liability not less than $1,000,000 combined single limit coverage. DEPARTMENT shall be named as additional insured under this coverage. COUNTY shall furnish DEPARTMENT with certificates or other evidence acceptable to DEPARTMENT that such insurance is in effect, which evidence shall state that DEPARTMENT shall be notified in writing thirty (30) days prior to cancellation, material change, or non-renewal of such insurance. COUNTY and its agents and contractors shall be responsible for maintaining insurance on all improvements, betterments, equipment, inventory, and other contents brought to and maintained at or on Fire Station 1 and 2 premises by the COUNTY. If premises or building are damaged by fire or other casualty, such that occupancy is not possible, the COUNTY’s performance herein stated is abated.

14. Waiver of Subrogation. All insurance required hereunder shall extend to the contractual obligation of the insured party arising out of the indemnification obligations set forth in this Agreement. Each party shall furnish to each other evidence that the insurance described above is in full force and effect. All such insurance shall include a waiver of subrogation by the insurer against the DEPARTMENT. COUNTY hereby waives any rights of recovery against the DEPARTMENT, and its employees and agents, for any damage or consequential loss which is covered by or would be covered by the policies required to be carried by COUNTY hereunder.

15. Assignment and Subletting. COUNTY and DEPARTMENT agree that COUNTY may sublet the areas of Fire Station 2, or any part thereof, or permit the use of the areas established for use in connection with operation of EMS ambulances by an EMS delivery agency or corporation with which COUNTY contracts.

16. Default and Remedies. In the event that COUNTY ceases to actively engage in delivery of emergency medical services via emergency medical services ambulance of such services or otherwise discontinues delivery of emergency medical services, COUNTY agrees to remove all COUNTY persons and property from Fire Station 2 within 180 (one hundred eighty) days of determination that COUNTY has ceased such delivery. COUNTY will deliver up the those areas of Fire Station 2 used for purposes of emergency medical services as otherwise described herein upon expiration of this Agreement, or as otherwise described in this Agreement in good order and conditions, reasonable wear and tear excepted. If, before or during the term of this Agreement or any renewal thereof, DEPARTMENT discontinues use of Fire Station 2 for any reason, DEPARTMENT shall offer COUNTY right of first refusal to purchase Fire Station 2 for its fair market value, less the depreciated value of any improvements or modifications paid for by COUNTY during the life of this Agreement.

17. Notices. All notices provided for in this Agreement shall be in writing and shall be deemed to be given when sent by certified mail return receipt, first lass mail, electronic mail or by telephone at a number mutually agreed upon by DEPARTMENT and COUNTY Notices addressed to DEPARTMENT shall be sent to the following: Notices addressed to COUNTY shall be sent to the following:

Copy to:

John Rukavina, Director
18. Indemnity. Each party shall defend, indemnify and hold harmless the other from and against any claims, damages or expenses whether due to damage to the fire station, claims for injuries to persons or property or administrative or criminal action by a governmental authority, where such claims, damages or expenses result from the negligence, misconduct or breach of any provision of this Agreement by either party, its agents, employees or invitees. 19. Waiver. The waiver by DEPARTMENT of any breach of any covenant or Agreement herein contained shall not be deemed to be a waiver of such covenant or Agreement or any subsequent breach of the same or any other covenant or Agreement herein contained.

20. Fire or Other Casualty Losses. If Fire Station 2 shall be partially destroyed by fire or other casualty, and damage or destruction renders the building unusable, DEPARTMENT hall, at its option, replace the fire station or restore it as nearly as practical to its condition immediately preceding such fire or other casualty as soon as is reasonably practical or replace the fire station after the occurrence of such damage, provided, however, that DEPARTMENT, by written notice to COUNTY within thirty (30) days after the date of such damage or destruction, elect not to restore or repair Fire Station 1 or Fire Station 2, but, instead, to construct one or more new fire stations or obtain a comparable operation location for (and in consultation with) COUNTY, provided that COUNTY is otherwise in compliance with the provision of this Agreement.

21. Partial Invalidity. In the event any provision of this Agreement shall be determined to be invalid or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect.

22. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original.

23. Section Headings. Section headings relating to the contents of the particular section have been inserted for the convenience of reference only and shall not be construed as part of the particular sections to which they refer.

24. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina.

25. Attorneys Fees. In the event it is necessary for DEPARTMENT to employ an attorney to enforce any of the Agreements or covenants contained herein or to obtain remedies allowed herein, COUNTY shall pay all costs and attorneys fees incurred in such endeavor. In case DEPARTMENT shall be made a party to any litigation commenced by or against COUNTY, or its partners, officers, directors, customers, agents, or employees, COUNTY shall protect and hold DEPARTMENT harmless there from and shall pay all costs, expenses and reasonable attorney's fees incurred or paid by DEPARTMENT in connection with such litigation to the extent authorized by state law. In the event it is necessary for COUNTY to employ an attorney to enforce any of the Agreements or covenants contained herein or to obtain remedies allowed herein, DEPARTMENT shall pay all costs and attorneys fees incurred in such endeavor. In case COUNTY shall be made a party to any litigation commenced by or against DEPARTMENT, or its partners, officers, directors, customers, agents, or employees, DEPARTMENT shall protect and hold COUNTY harmless there from and shall pay all costs, expenses and reasonable attorney's fees incurred or paid by COUNTY in connection with such litigation to the extent authorized by state law. 26. Entire Agreement. This Agreement constitutes the entire Agreement between DEPARTMENT and COUNTY, and it supersedes any and all prior understandings or commitments concerning the subject matter of this Agreement.

27. Amendments. This Agreement shall not be modified or amended except by a written instrument executed by DEPARTMENT and COUNTY.


IN WITNESS WHEREOF, the parties have hereunto set their hands and seals, the day and year first written above.


Dated this ______ day of ______________, 2007.

WENDELL FIRE DEPARTMENT, INC.:


___________________________ Date: _________
PRESIDENT, BOARD OF DIRECTORS


COUNTY of WAKE


____________________________ Date: _________
County Manager

Approved as to form:


___________________________
County Attorney

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INTERLOCAL AGREEMENT WITH CHATHAM COUNTY
FOR WAKE EMS SYSTEM DELIVERY OF
EMERGENCY MEDICAL SEVICES TO THAT PART OF THE TOWN OF CARY
WITHIN CHATHAM COUNTY’S CORPORATE LIMITS

Mr. John Rukavina presented this request for an interlocal agreement for EMS with Chatham County. They all agreed for this area to become a part of Wake County’s EMS system and would bill Chatham County for operations of the system at $135 per transport. The EMS Directors met and talked about these items. This will be used as a pattern or model for crossing county boundaries. The Peer Group Committee is meeting tomorrow. This item was presented by Deployment Committee not Peer Group Committee for the Board of Commissioners. The $135 will be billed to Chatham County not the individuals. In Wake County the citizen is charged $135 per transport.

Specific Action Approved: Upon motion by Commissioner Webb, seconded by Commissioner Coble, the Board voted unanimously to authorize the County Manager to enter into an interlocal agreement with Chatham County, North Carolina that authorizes extension of the boundaries of the Wake EMS System (and Wake EMS System Response) into that part of Chatham County that has been incorporated by the Town of Cary, and that provides for certain reimbursements by Chatham County for such responses.

NORTH CAROLINA
WAKE COUNTY
INTERLOCAL AGREEMENT
BETWEEN
CHATHAM AND WAKE COUNTY
REGARDING PROVISION OF AUTOMATIC EMERGENCY MEDICAL SERVICE RESPONSE BY WAKE COUNTY TO CERTAIN PORTIONS OF CHATHAM COUNTY


This Agreement entered into this, the __ day of ____, 200_, by and between Chatham County, hereinafter referred to as “CHATHAM,” and Wake County, hereinafter referred to as “WAKE,” pursuant to the provisions of Article 20 of Chapter 160A of the North Carolina General Statutes.
WITNESSETH

WHEREAS, CHATHAM is responsible for the delivery of emergency medical services (hereinafter, “EMS”) in CHATHAM, pursuant to North Carolina General Statutes, Article 7, “Regulation of Emergency Medical Services,” section 131E-155, et. seq.; and

WHEREAS, EMS resources that are components of WAKE’s Model EMS System can respond more quickly and/or efficiently to certain portions of CHATHAM, which are described in Exhibit 1, “CHATHAM Automatic Aid Response Area(s),” which is attached hereto and incorporated herein, than can EMS resources franchised to operate in CHATHAM; and

WHEREAS, CHATHAM wishes to enter into an agreement with WAKE that provides for automatic WAKE EMS response in those portions of CHATHAM described in Exhibit 1 and compensation of WAKE as described herein; and

WHEREAS, WAKE is willing to enter into such an agreement with CHATHAM.

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONSIDERATIONS SET OUT ABOVE, THE PARTIES AGREE AS FOLLOWS:

1. For purposes of this agreement, these works or phrases shall be defined as follows:

(a) “Automatic aid” means predetermined or automatic dispatch of an EMS resource from one county into another county without special request or approval by either county. (b) “EMS incident” means an incident to which an ambulance is dispatched, whether via automatic aid or mutual aid.

(c) “Mutual aid” means response provided via special request by a county when that county has depleted (or reasonably expects to deplete) its own EMS resources, generally as the result of a major natural, technological or terrorist emergency. (d) “Patient transport” means the transportation of one or more patients from the scene of an EMS incident to a hospital.

2. WAKE will respond to an EMS incident in those portions of CHATHAM County described in Exhibit 1 upon report of such an EMS incident to WAKE in the manner described in Exhibit 2, “Communications Procedure for Automatic EMS Response into CHATHAM County by WAKE County EMS,” a copy of which is attached hereto and incorporated herein by reference, and in a manner otherwise consistent with the manner in which an EMS response is undertaken in WAKE under the same or similar circumstances.

3. WAKE will assume responsibility for provision of medical direction and control and for meeting all other statutory and regulatory requirements of North Carolina General Statutes Article 7, “Regulation of Emergency Medical Services,” section 131E-155, et seq. and corresponding administrative rules as issues by the North Carolina Department of Health and Human Services Office of EMS, and agrees to hold CHATHAM harmless to the extent authorized by North Carolina law for EMS ambulance activities under the direct control of the Wake Model EMS System in connection with responses to, actions at and transportation of one or more persons from an EMS incident as defined herein.

4. For each patient transported by WAKE, CHATHAM will reimburse WAKE pursuant to this agreement on a per-patient-transport basis in an amount equal to the difference between expenditures made by WAKE for WAKE’s Model EMS system and the revenues received by WAKE in connection with operation of WAKE’s Model EMS System, divided by the total number of patient transports in WAKE in the most recently-completed fiscal year, all as further defined and described in Exhibit 3, “Wake EMS System Revenues and Expenditures,” which is attached hereto and incorporated herein by reference. WAKE agrees to invoice CHATHAM quarterly, in arrears, for such reimbursement.

5. CHATHAM and WAKE agree that a mutual aid EMS response and/or patient transport into and out of those portions of CHATHAM not described in Exhibit 1 is not a response and/or patient transport for purposes of this Agreement.

6. Any notice, report or demand which must be given or made by a party hereto under the terms of this Agreement shall be sent by registered or certified mail, return receipt requested. Notices to WAKE shall be sent to the DIRECTOR OF PUBLIC SAFETY, Post Office Box 550, Raleigh North Carolina 27602.

7. Any notice, report or demand which must be given or made by a party hereto under the terms of this Agreement shall be in writing and shall be sent by registered or certified mail. Notices to CHATHAM shall be sent to (insert CHATHAM contact information here)

8. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supercedes all oral arguments, previous written agreements, and negotiations between WAKE and CHATHAM

9. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement and signed by the parties hereto.

10. Unless otherwise specified herein, each party shall defend, indemnify and hold harmless the other from and against any claims, damages or expenses whether due to claims for injuries to persons or property or administrative or criminal action by a governmental authority, where such claims, damages or expenses result from the negligence, misconduct or breach of any provision of this Agreement by either party, its agents, employees or invitees to the extent provided by North Carolina law.
11. WAKE shall not be responsible for interruptions in system service due to the forces of nature, war, manmade disasters or other such acts beyond the control of WAKE.

12. WAKE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO CHATHAM IN CONNECTION WITH ITS USE OF SERVICE. CHATHAM ACKNOWLEDGES THAT SERVICE DISRUPTIONS WILL OCCUR FROM TIME TO TIME AND AGREES TO HOLD WAKE HARMLESS FOR ALL SUCH DISRUPTIONS.

13. The laws of the State of North Carolina shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations and performance and obligations between WAKE and CHATHAM.


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PUBLIC COMMENT

Karen Rindge, Chair of Wake Up Wake County, spoke about fair growth funding such as countywide impact fee on new homes and 1% transfer tax on all real estate transactions for revenue for schools. She asked the Board to support a resolution for fair growth options.

Stan Norwalk, Vice Chair of Wake Up and a team leader, noted observations about school construction includes the price of education includes funding teachers and construction. He stated the Legislators are not in support of the 1 cent sales tax. We will have to start cutting back if there is not alternative revenue.

Ken Kirby, with Home Builders Association, said new funding needs to come from somewhere for schools. Dr. Walden wrote a book that residential development pays for itself. He said people will not be able to buy new property if they increase fees.
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APPROVAL OF IMPROVEMENT AGREEMENT AND REVISED SCHEMATIC DESIGN
FOR DAVIE STREET PARKING DECK AND MIXED-USE PROJECT

Mr. Phil Stout reported on parking deck and a revised schematic design of “office” and “retail” space for the new facilities. Mr. Michael Sanderson said the mixed use project was planned for residential condominiums but it has changed to office space with high windows with a change in ceiling height which allows for great access to daylight. They have chosen a lighter color of brick to give a greater range of texture and color. The two road frontages will be landscaped consistent with Raleigh’s requirements. Every office will have a window that will open. There will be nine levels. Parking lot construction is usually limited six levels but since the entrance to the parking garage is on the fourth level, they feel like they have maximized this facility and use of space. It now has 989 parking spaces changed from the original 832 parking spaces. The construction costs for the 989-space deck are estimated to be $20.74 million ($20,971 per space). These figures are based on schematic studies and exclude a recommended 7.7% contingency reserve for inflationary impact, bid market fluctuations and design phase detailing. Adding contingency back in results in the possible cost of $22.34 million ($22,592 per space). These costs estimates exclude the Davie and McDowell Street building facades, since this cost ($1.76 mil) will be avoided if the mixed-use project proposed by the Developer is constructed.

Mr. Stout said he was asking the Board to approve the schematic design and authorize the Chairman to execute an improvements agreement for the project consistent with the key provisions outlined in this agenda item; terms and conditions are to be subject to review and approval of the County Attorney. There is good potential to save $1.7 million on this facility. The cost of parking spaces will average around $20,000 - $22,000 per space.
The county needs 1300 parking spaces and this will give the County 989 spaces. There will still be a need for 200-300 parking spaces which includes the parking for the Justice Center.

Key provisions of the agreement are as follows:

1. Defines project to be that project described and depicted in February 2007 Schematic Design Report that is being presented to the Board at the public meeting on February 19.

2. Acknowledges the scope of the parking deck part of the project has increased from 832 parking spaces to 989 spaces (19% increase); Accordingly the Construction Documents buy-out price stipulated in the original MOU is increased 19% (increase of $202,269).

3. Design Team selected for the project is Kimley Horn Engineers and Kling Stubbins Architects.

4. CMAR selected for the project is Barnhill Contracting Company.

5. Requires that Developer and County enter into a Declaration of Restrictive Covenants which provides that each party shall maintain their respective facilities in good, clean, orderly condition and in good repair, keep property free of hazardous materials, pay any and all required taxes, and prohibit certain types of uses.

7. Developer is required to provide the County with a Completion Guarantee in a form and from a financial institution acceptable to the County prior to beginning construction of the mixed-use part of the project.

8. Developer shall exercise their contracted option to purchase the Trotter Parcel (fee simple) and Stein Easement for a combined total of $580,000, plus miscellaneous closing costs; Developer agrees to convey said land rights to the County by sale or property exchange with Developer receiving equivalent compensation or value as part of conveying the Trotter and Stein land rights (Trotter Parcel and Stein Easement are needed by the County for construction of the parking deck).

9. Although it is the intent of both parties to design, permit and construct the parking deck and mixed-use parts of the Project so as to achieve substantial completion concurrently, the Developer has the right to postpone commencing construction up to one year after the parking deck has been substantially completed.

10. If Developer elects to postpone completion of the mixed-use part of the project beyond the completion date of the parking deck, Developer shall pay the increased costs associated with "later" installation of a finished building facade on the Davie and McDowell Street sides of the parking deck. These increased facade costs have been preliminarily estimated to be in the range of $900,000 to $1.14 million. Developer is required to provide the County with an Irrevocable Letter of Credit in a form and from a financial institution acceptable to the County in an amount equal to or greater than the estimated increased facade cost.

Specific Action Approved: Commissioner Brown motioned, seconded by Commissioner Coble, and the Board voted unanimously to approve the revised schematic design for the Davie Street Parking Deck and Mixed-Use Project and authorize the Chairman to execute an Improvements Agreement for the project consistent with the key provisions outlined in this agenda item; terms and conditions are to be subject to review and approval of the County Attorney.
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APPROVAL OF BOARD OF COMMISSIONERS’ GOALS FOR 2007


Mr. Cooke reviewed the goals stating that the first nine goals are substantially new goals plus seven continued goals. Commissioner Ward asked about a stronger ordinance on anti-litter and how to have stronger enforcement. Mr. Cooke said there needs to be a way to assess if the current strategies are working or not before making changes. Once current procedures are assessed, then changes can be recommended.

Commissioner Gardner motioned to adopt the Commissioners goals as presented. Commissioner Ward seconded the motion.

Commissioner Bryan asked to remove the school boards taxing authority as a friendly amendment. Commissioner Gardner and Commissioner Ward accepted this as part of the motion to approve the goals as amended. The motion was unanimously passed.

2007 Board of Commissioners’ Goals

At the Board of Commissioners’ Planning Retreat on January 26, 2007, the Board identified eight focus areas and 16 goals to address the opportunities and challenges posed by a rapidly growing urban county. The Board considers these issues to be of significant and immediate importance to the community.

The eight focus areas are:

Educated CitizenryEnvironmental Stewardship
Healthy CommunityCultural Awareness
Vital EconomyStrong Leadership and Governance
Safe CommunityMobility/Access to Transportation

Within these eight focus areas, the Board of Commissioners has identified nine high-priority goals for 2007:

1. Blue Ribbon Committee on the Future of Wake County: Implement Blue Ribbon Committee recommendations, including seeking authorization from the General Assembly for a 1-cent sales tax to be used for transportation and school construction.
2. Quality of Life Bond Initiatives: Initiate a bond referendum in fall 2007 for Wake Tech, Libraries, and Open Space.
3. Citizens Facility Advisory Committee: Take an active role with the Citizens Facility Advisory Committee to evaluate cost effective strategies for the school capital building program.
4. Mental Health Reform: Work with Wake County’s state legislative delegation and local stakeholders to design and implement a continuum of care to compliment the 44-bed expansion at Holly Hill Hospital.
5. Community Assessment: Present the results of the Wake County Community Assessment, being released February 2007, and recommend an implementation plan.
6. Stormwater Task Force: Complete the work of the County-wide Stormwater Task Force and recommend an implementation plan.
7. Anti-Littering: Evaluate and implement a series of anti-littering measures that include strategies for education, cleanup, and enforcement.
8. Economic Development/Certified Sites: Work with the municipalities and the Greater Raleigh Chamber of Commerce to create an inventory of sites for large-scale economic development.
9. Gang Prevention: Implementation strategies from the Gang Prevention Task Force.

Wake County will continue to work on implementing the following goals from 2006 as part of its ongoing operations:

10. Changing Faces: Study the impact of changing demographics on Wake County services and programs to guide plans now and in the future.
11. Urban County Leadership: Take a leadership role among the largest, urbanizing counties to discuss common issues and promote common legislative agendas, involving transportation, water supply, Medicaid financing and air quality, for example.
12. Criminal Justice Trends: Assess the impact on the County's criminal justice system resulting from the effects of mental health reform and the increased use of illegal drugs.
13. Citizen Awareness: Implement strategies to increase citizen awareness of and support for Wake County services.
14. Criminal Justice Facilities: Implement a courthouse and criminal justice long-term capital plan.
15. Transportation Strategies: Continue to work with the Capital Area Metropolitan Planning Organization to identify and implement transportation strategies to address the needs of Wake County and municipalities.
16. Unincorporated Growth/ETJ: Reconfirm the County’s approach to how development should occur in the unincorporated areas and evaluate the County’s criteria for extraterritorial jurisdiction expansion for municipalities.


Other Items Discussed at the Retreat:

Continue to provide school operational funding above the minimum levels required by the State.
Work with the Human Services Department’s Housing and Community Revitalization Division to expand affordable home ownership opportunities, especially for teachers, public safety workers, etc., in Wake County.
Maintain a balanced and fair tax rate as it relates to the cost of doing business in Wake County.
Wake County will partner with community groups to support arts and cultural opportunities in Wake County.
Work with local law enforcement agencies, the School Board, and community groups to study under-age drinking prevention methods.
Public Safety staff will continue to coordinate operations of EMS and fire systems throughout the County.
Continue working with the City of Raleigh and the Town of Cary to consolidate water/sewer systems in Wake County.
Wake County will continue to take a leadership role in identifying solutions for urban counties regionally, statewide and nationally.
Continue to work with the municipalities and the Wake County Public School System to discuss common services where consolidation may be possible.
Wake County will continue to facilitate cooperation among the twelve municipalities in the County, as well as other jurisdictions in the Triangle region.
Amend the County’s state legislative agenda to request that I-540 be fully funded.
Support the NCACC’s legislative goal to eliminate the health hazards of secondhand smoke by providing local governments and Boards of Trustees of Community Colleges the option of designating their buildings/campuses smoke free.

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COMMITTEE REPORTS

Commissioner Coble reported the Public Safety Subcommittee met on February 13 to discuss the second duty truck in Rolesville. The decision was to let the Peer Review Committee process should be allowed to address this issue prior to the Board of Commissioners involvement. The question from the Town of Rolesville was sent back to the Peer Review Committee. Commissioners Gardner and Ward spoke about the positive effect of the meeting.
Commissioner Brown reported March 5th – March 10th as the dates for the annual MEAC tournament.
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OTHER BUSINESS

Commissioner Coble stated that the Board should adopt a resolution expressing the County’s position on the issue with United Healthcare (UHC) and WakeMed if they do not come to a resolution. The County needs to express concern so employees are not adversely affected. The resolution should be sent to UHC and other insurance agents. There is concern that UHC may block employees being able to use WakeMed. March 1 is the deadline on the negotiations. Mr. Joe Durham, Assistant County Manager, said they have been working with both parties after receiving a letter about the change in services effective March 1. A letter of concern was drafted to be sent to UHC. Conversations with WakeMed are ongoing and they are still in negotiations stages. There has been discussion about continuing services in WakeMed. A letter or resolution would be appropriate. Mr. Durham stated that a meeting is scheduled with UHC. They are working with the CEO to make sure there is no disruption of service for employees. Commissioner Coble said quickest thing to do is for the Board to allow the Chairman to sign a letter with the added concern about them trying to block any direct access to WakeMed.

Mr. Ferrell stated that this item was not on the agenda and should have been added when the agenda was approved.

Commissioner Ward motioned to amend the agenda to add a resolution to be sent to UHC about WakeMed and services contract. Commissioner Coble stated the County should be looking at another provider. Mr. Durham explained that the county’s health insurance is self-funded and UHC administers the claims. Following discussion about parliamentary procedure on this issue, the motion was withdrawn and the Board agreed by consensus to have a letter sent to UHC expressing the County’s concerns about the situation with WakeMed.

Commissioner Coble invited Board members to attend the Wake 200 Club (nonprofit that raises money for officers killed in line of duty’s families) dinner at 5:30pm on March 21st at the Commons Building as his guest.

Commissioner Coble suggested the Board discuss Tax Increment Funding (TIF) at a work session. It could produce revenue for schools tied to private/public partnerships.

Commissioner Ward asked if the EMS service in upper northwest Wake County and Granville County had been addressed. Mr. Cooke has written a letter to those concerned, offered to visit with residents and referred it to Deployment Review committee.

Commissioner Ward said she has received calls and emails about the need of a stoplight in Wakefield and Pines Drive. Commissioner Brown said she had followed up on this also.

Commissioner Ward said the Board needs to meet with the Wake County Delegation on Legislative Goals, preferably in a luncheon.

Commissioner Ward asked about the Keep America Beautiful program and if or when a meeting has been held or scheduled. Mr. Cooke said scheduling has been a problem but they are working on it.

Commissioner Bryan stated Commissioner Ward and himself attended the NCACC Board meeting. He explained the Legislative team strategy. Legislators need to be addressed about the schools, Medicaid relief, transportation shortage (2nd largest gap in nation) clean water, capital improvement plan as well as others. He reported there is a committee appointed to study topics such as how to modernize tax structure. A transfer tax for counties would generate approximately $77 million in revenue for the State. This could be another tool for raising revenues. Commissioner Ward said there were two leaders from the County that met with the legislators.

Commissioner Bryan reported on a meeting in Apex about with the Turnpike Authority. There would be a gap in funding and RTA would be asking the legislatures to find $12 million per year to fund the gap. RTA is asking for those funds.

Commissioner Bryan asked about the Citizens Facility Advisory Committee (CFAC) and noted that he stopped in last meeting. There were new charts with new information on the funding for Wake County Schools. In elementary schools the average spent per student seat in the peer group was $15,000 per student but Wake County was spending $25,000 per student seat. Commissioner Brown stated in a package of information they were provided stated the Wake County School System was comparable. Commissioner Gardner noted that this was 60% higher in money spent. The cost per square footage for schools was comparable to eight other districts but Wake County is building more square footage per child in elementary and middle schools and also exceeds the non-assignable footage in space. He said there was good news and bad news in the report.
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CLOSED SESSION

Mr. Michael Ferrell, County Attorney, informed the Board a need for closed session on a location and expansion of business, negotiations of a contract on Davie Street Parking Deck and to consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee based on General Statute 143-318.11(a)(4)(5)and (6).


Commissioner Gardner motioned, seconded by Commissioner Coble, and the Board voted unanimously to go into closed session as authorized by GS143-318.11(a)(4)(5)and (6).

Chairman Gurley adjourned the closed session.
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OPEN SESSION

Following closed session, the Board took the following actions.

Commissioner Ward motioned, seconded by Commissioner Brown, and the Board voted unanimously to approve the acquisition of a fifteen (15) foot construction easement and a thirty (30) foot temporary construction easement along the eastern boundary of Wake County Parcel No. 0022283 from James R. Trotter, as part of the Justice Facility Expansion project, in the amount of $25,000. As conditions of the acquisition, the county will return the portion of the property in the temporary easement back to a stable and leveled condition; and further, to authorize the County Attorney to begin condemnation on behalf of Wake County for the acquisition of the above property rights, if a contract for purchase cannot be negotiated.

Commissioner Gurley motioned, seconded by Commissioner Gardner, and the Board voted unanimously to appoint Scott Warren as Interim County Attorney effective upon Michael Ferrell’s retirement scheduled for April 1, 2007; and further to increase Scott Warren’s annual salary retroactive effective February 7, 2007 to $96,000; and further, Scott Warren’s annual salary will increase to $110,000 beginning his service as Interim County Attorney effective March 30, 2007.

Respectfully submitted,


Susan J. Banks, CMC
Clerk to the Board