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    Minutes of 10-18-04 Board of Commissioners Meeting (adopted)
WAKE COUNTY BOARD OF COMMISSIONERS
MINUTES
October 18, 2004

The Wake County Board of Commissioners met in regular session Monday, October 18, 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, Tony Gurley, Phil Jeffreys, Betty Lou Ward, Harold H. Webb and Chairman Kenneth M. Gardner. Commissioner Herbert H. Council was absent.

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 Bryan, seconded by Commissioner Ward, the Board unanimously approved the agenda as amended, with the addition of “Update on Bond Referenda,” and “Request from Wake County Public School System to Reallocate Plan 2004 funds.”
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APPROVAL OF MINUTES

Upon motion of Commissioner Webb, seconded by Commissioner Ward, the Board unanimously approved the minutes of October 4, 2004, as amended.

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FOSTER PARENT RECOGNITION

In the last two years, William and Carol Riddle have been foster parents to two teens and one elementary aged child in their home. In addition to their fostering activities, they also spearheaded the development of the Wake Forest Cluster Group for foster families living in that geographical area of the County.

On behalf of the Board of Commissioners, Chairman Gardner presented a plaque of recognition and appreciation to the Riddle’s for their commitment to the needs of our children and the Wake County Foster Care Program.
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PROCLAMATION DECLARING NOVEMBER AS
HOME AND HOSPICE CARE MONTH IN WAKE COUNTY


The month of November is observed nationally as “Home and Hospice Care Month.” The North Carolina Association for Home and Hospice Care, Hospice of Wake County and Duke Health Community Care have requested that the Board of Commissioners designate the month of November 2004 as Home and Hospice Care Month in Wake County.

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

Ms. Helen Poole of Duke Health Community Services was recognized for brief comments about the Home and Hospice Care Month and Grief Awareness Week designations.
PROCLAMATION
HOME AND HOSPICE CARE MONTH 2004
Kenn Gardner, Chairman
Wake County Board of Commissioners
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PROCLAMATION DECLARING THE
WEEK OF NOVEMBER 1 – 7, 2004, AS
GRIEF AWARENESS WEEK IN WAKE COUNTY

The first week of November is observed nationally as “Grief Awareness Week.” The Board of Commissioners is being requested to declare the week of November 1-7, 2004, as Grief Awareness Week in Wake County.

Chairman Gardner recognized Commissioner Webb to read aloud the proclamation. Following the reading Commissioner Webb moved adoption of the proclamation as read. The motion was seconded by Commissioner Jeffreys and was unanimously approved.
PROCLAMATION
GRIEF AWARENESS WEEK IN WAKE COUNTY
November 2-7, 2004


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Kenn Gardner, Chairman
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RESOLUTION IN SUPPORT OF THE
CORONOR M.W. BENNETT MEMORIAL BRIDGE

Marshall Watson Bennett served as Coroner in Wake County for 23 years, from 1952 to 1975. He earned the respect of many of the law enforcement officers and made a significant contribution to the public agencies he assisted. The Bennett family has requested that the State Department of Transportation consider naming the bridge on Interstate I-540 near the family home at 2912 Old Milburnie Road, “The Coroner M. W. Bennett Memorial Bridge.”

As part of the process in considering the request, the Board of Transportation requires that the local governing body adopt a resolution supporting the request.

Commissioner Bryan read aloud the resolution. He also noted that the Capital Area Metropolitan Planning Organization, which includes representatives from all the municipalities in the County, had adopted a resolution supporting the request of the Coroner M.W. Bennett Memorial Bridge.

Commissioner Ward moved adoption of the resolution as read, in support of naming a bridge in Wake County for former Wake County Coroner Marshall Watson Bennett. The motion was seconded by Commissioner Jeffreys and was unanimously approved.

Messrs. Richard and Johnny Hill, two of Mr. Bennett’s grandsons, attended today’s meeting. Mr. Richard Hill was recognized for brief comments on behalf of the family.

RESOLUTION
TO NAME A BRIDGE IN WAKE COUNTY THE
“CORONER M.W. BENNETT MEMORIAL BRIDGE”

Adopted by the Wake County Board of Commissioners this the 18th day of October 2004.


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UPDATE ON BOND REFERENDA

Chairman Gardner recognized Ms. Sharon Brown, Wake County Public Information Director. She gave an update on the public information program for the $26 million Open Space and $40 million Wake Technical Community College Bond Referenda. She outlined the various sources throughout Wake County where citizens may find information on these two issues, and commented on the makeup of the speakers bureau and an insert for the local newspapers scheduled for next week.

Mr. Sig Hutchinson, Chairman of the Open Space Advisory Committee, was also recognized to comment on the bond referendum for open space. He emphasized the value and importance of the open space program in protecting water quality, new parks, and the expansion of existing parks and greenways.
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SERVICE AGREEMENT WITH SPRINT TO PROVIDE FRAME RELAY
DATA SERVICE TO WAKE COUNTY GOVERNMENT OFFICES AND
WAKENET PARTNERS IN FUQUAY-VARINA, HOLLY SPRINGS,
ROLESVILLE, AND WAKE FOREST

In March 2001, Wake County Government signed a three-year contract with Sprint to establish a frame relay data network to provide internet connectivity and email for County offices and WakeNet partners. That contract with Sprint expired March 26, 2004.

County staff has negotiated improved pricing for the Sprint frame relay service and recommends that the County enter into a three-year agreement that will provide an eighteen percent discount over current rates.

Upon motion of Commissioner Gurley, seconded by Commissioner Webb, the Board unanimously approved a three-year agreement with Sprint to provide Frame Relay data service, and authorized the County Manager to execute a contract on behalf of Wake County for this service.
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WAL-MART GRANT TO EAST REGIONAL LIBRARY

For four years the East Regional Library has been serving the immigrant community of Wake County, particularly in their efforts to learn English. To support this effort, Wal-Mart has granted the East Regional Library $1,000 to help the library in their efforts to encourage Latinos in this area to learn English. The grant funds will be used to purchase the English and as a Second Language publication Inles Sin Barreras, which is a well-known product among Spanish speakers.

Upon motion of Commissioner Bryan, seconded by Commissioner Jeffreys, the Board unanimously approved the receipt of funds from the Wal-Mart Company in the amount of $1,000; and approved a $1,000 increase in the appropriations to the general fund for expenditures related to the acquisition of bilingual and Spanish library resources.
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FRISKIES FOR MORE CAT HABITAT SHELTER PROGRAM GRANT

Earlier this year County staff applied for funds from a competitive grant program funded by the Friskies Company, and Wake County has been awarded a $10,000 grant. The Company will be sending a designer from the television program “Trading Spaces” to consult with Shelter staff on how the grant funds can be used to improve the existing cat habitat.

Upon motion of Commissioner Ward, seconded by Commissioner Gurley, the Board unanimously approved the receipt of funds from the Friskies Company in the amount of $10,000; and approved a $10,000 increase in the appropriations to the general fund for expenditures related to the improvements to be carried out with the grant funding.
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DECLARE COUNTY BALLOT COUNTERS AS
SURPLUS PROPERTY AND AUTHORIZE DISPOSAL USING
SEALED BID PROCESS

Wake County owns two high-speed ballot counters that are no longer needed because they are limited to twenty different ballot styles and they jam frequently when counting folded ballots.

As required by NC General Statute 160A-268, personal property with an estimated value of $30,000 or more must be declared as surplus by the Board of Commissioners and may be disposed of using the sealed bid method.

Sealed bids will be received until 2:00 p.m. Tuesday, November 9, 2004, in Room 926 of the Wake County Office Building. A public notice will be published for a minimum of seven full days prior to receipt of bids, and award to the highest bidder will occur within fifteen days from the time set for receipt of bids.

Upon motion of Commissioner Jeffreys, seconded by Commissioner Bryan, the Board unanimously declared ballot counters as surplus property and authorized disposal using the sealed bid process; and authorized the County Manager or his designee to: 1) advertise, issue and accept sealed bids for the counters; 2) award and execute the contract to the highest bidder; and 3) transfer title of the equipment.
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DECLARE COUNTY VEHICLES AS
SURPLUS FOR DISPOSAL THROUGH STATE SURPLUS PROPERTY AGENCY

County staff is requesting that the Board of Commissioners declare 139 vehicles identified by General Services Administration Fleet Operations as surplus, to allow them to be sold at public auction through the State Surplus Property Agency. It is possible that some vehicles may sell for
more than $5,000; therefore, State statutes require that the Board declare them as surplus for subsequent disposal purposes.

Upon motion of Commissioner Webb, seconded by Commissioner Ward, the Board unanimously declared the 139 vehicles, as listed by the General Services Administration Fleet Operations, as surplus to allow them to be disposed of by public auction through the State Surplus Property Agency.

(A listing of the vehicles declared surplus is made a part of the record and the file maintained by the Clerk to the Board.)
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TABLED - REQUEST FROM WAKE COUNTY BOARD OF EDUCATION
TO APPROPRIATE AND REALLOCATE PLAN 2004 FUNDS

Mr. Mike Burriss, Associate Superintendent, Wake County Public School System, was recognized to present a request to appropriate $6.8 million for mobile classroom relocations and $2 million for mobile classroom costs. He noted that this request necessitates a change in the Plan 2004 phase of the long-range building program and is being made at this time due to the growth in the Wake County Public School System and to move forward with construction of the units for next fall.

Mr. Burriss indicated that the Board of Education had not adopted the resolution requesting the funding, however Board members were made aware of the request being made today and would be considering it at tomorrow’s Board of Education meeting. He noted that the Board had approved the concept of modular campuses, and actual sites for implementation of the program would also be considered and determined at tomorrow’s meeting.

There was much discussion about information being presented at today’s meeting and action being requested without time for review, that the request was being presented to the Commissioners prior to action being taken by the Board of Education, and there were questions as to whether all Board of Education members were aware of the request being presented today.

Following this discussion, Commissioner Bryan moved that the request to appropriate and reallocate Plan 2004 funds be tabled until Wednesday, October 20, 2004, at 12 noon, to allow the Board of Education to take action on the request first and that the Board of Commissioners waive the two-step process for considering this funding request. The motion was seconded by Commissioner Ward and was unanimously approved.
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PUBLIC COMMENT

Dr. Steve Scott, President, Wake Technical Community College, was recognized to comment on the upcoming Bond Referenda, specifically the $40 million Wake Technical Community College bonds. He cited the need and spoke to the plans for the North campus expansion. He also noted that the Friends of Wake County was formed several weeks ago to promote the passage of the bonds and that resolutions of support had been adopted by chambers of commerce and municipalities throughout the County.
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Chairman Gardner called for a five-minutes recess at this time.
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HELP AMERICA VOTE ACT (HAVA) TITLE I FUNDING SECTION 101
OF HAVA FOR THE PURPOSE OF FUNDING FOUR ADDITIONAL
ONE-STOP VOTING SITES AND STUDENT ELECTION ASSISTANTS

The Wake County Board of Elections has been awarded a Help America Vote Act (HAVA) Title I Grant in the amount of $56,693. The majority of the funds will defray the costs of four additional One-stop voting sites located at the Apex Community Center, the Wake County Library Administration Building, the Knightdale Town Hall and Mary E. Phillips School. The fiscal year 2005 adopted budget included $86,500.

Ms. Cherie Poucher, Elections Director, gave brief comments stating that according to the terms of the grant, funds can only be requested for sites not already funded by the County. She noted that acceptance of these grant funds does not require matching funds from the County.

Upon motion of Commissioner Bryan, seconded by Commissioner Webb, the Board unanimously approved receipt of funds from the Help America Vote Act Title I Funding Section 101 of HAVA in the amount of $56,693 and approval of the appropriate budget revision.
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WAKE COUNTY HAZARD MITIGATION PLAN

State and federal law requires that every county and municipality develop, adopt and implement a Hazard Mitigation Plan in order to be eligible for post-disaster public assistance funds following a future natural hazard event. Public assistance funds help communities recover from disasters by paying for a significant portion of the cost of clean up and restoration of public services.

The Board of Commissioners held a public hearing on the Plan at its October 4, 2004 meeting. The Wake County Planning Board has also reviewed the Plan, held a public hearing and recommends approval. The Plan has also been presented to and reviewed by the Wake County Environmental Services Committee.

Upon motion of Commissioner Webb, seconded by Commissioner Ward, the Board unanimously approved the adoption of the Wake County Hazard Mitigation Plan.

A RESOLUTION
TO ADOPT THE WAKE COUNTY HAZARD MITIGATION PLAN
(A copy of the Hazard Mitigation Plan is made a part of the record and file maintained by the Clerk to the Board.)
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EAST WAKE EDUCATION FOUNDATION FUNDING

The East Wake Education Foundation is a private not-for-profit corporation serving the eastern geographic region of Wake County. The Foundation has been a recipient of Wake County Smart Start for the last eight years. The Foundation received approximately $180,000 from Wake Smart Start last year to identify at risk children and connect them to needed services. Specifically, the Foundation uses the funds to support a family resource center and a parent education program. Smart Start has recently notified the Foundation that it will not receive funding for this year, providing funding through the end of October 2004 to help with transition. The Foundation receives approximately 90 percent of the its operational funding from Smart Start and will be unable to continue with services beyond this period.

The East Wake Education Foundation is requesting a one-time funding of $120,000 from Wake County to continue services through June 30, 2005.

Mr. Mark Brown and Ms. Linda Johnson of the East Wake Education Foundation, commented on the work of the Foundation and the request for funding, and the Commissioners greeted parents and children participating in the program.

Following discussion, Commissioner Bryan moved approval of one-time funding in the amount of $120,000 from contingency funds to the East Wake Education Foundation. The motion was seconded by Commissioner Ward and was unanimously approved.
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NEW CHILD PROTECTIVE SERVICES FUNDING AND POSITIONS

During the recent session of the North Carolina General Assembly $5 million was appropriated to the Division of Social Services to address the needs of counties that have high social worker caseloads in Child Protective Services. The Division of Social Services has devised a formula for distributing those funds across counties and has allocated $316,542 to Wake County on the condition that Wake County agree to use the funds to create six new Child Protective Services positions.

Dr. Warren Ludwig, Director of Child Protective Services, commented on the work of his department. He stated that caseworkers are responsible for investigating allegations of child abuse and conducting assessments of reports of child neglect. He also commented on the increase in the number of reports with the majority being cases of neglect.

Upon motion of Commissioner Gurley, seconded by Commissioner Webb, the Board unanimously approved the acceptance of $316,542 of new Child Welfare funding allocated by the state of North Carolina to establish six new Human Services Senior Practitioner positions to be Child Protective Services caseworkers.
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DISPOSITION OF SURPLUS COUNTY PROPERTY,
SITE 5A, CRABTREE CREEK WATERSHED PROJECT

In 1976 Wake County purchased 84 acres in Durham County as a part of the property acquisition for Site 5A of the Crabtree Creek Watershed Project. Approximately 17.78 acres of this 84-acre parcel is not needed for the project and is therefore surplus County property. The property is located east of Interstate 40 and west of Page Road and is zoned Residential-20. The parcel is landlocked and has no legal means of access. The property was appraised in October 2000, indicating a value of approximately $26,000 per acre.

The County has received two previous offers to purchase this property over the past four years, both of which were conditioned upon the City/County of Durham granting certain approvals regarding the zoning and proposed site plan. The last offer was received on June 13, 2003 for $30,000 per acre. This offer was made contingent upon the buyer receiving site plan approval from the City/County of Durham for the development of this parcel and the surrounding property. The Buyer was not successful in securing the needed approvals and the buyer no longer wises to acquire the property.

On September 20, 2004, the County received an offer from WR Henderson with Olde Raleigh Realty to purchase the 17.78 acres for $31,500 per acre. This offer is not contingent upon receipt of any approvals from the City or County of Durham other than it must be approved for residential purposes.

In accordance with NC General Statute the County may receive an offer to purchase County-owned property and advertise it for upset bids. Should the Board of Commissioners propose to accept this offer, the offeror shall be required to deposit five percent of the offer amount with the Clerk and the County shall publish a notice of the offer. Any person may thereafter raise the offer within ten days of the notice publication. This procedure may be repeated until no further upset bids are received at which time the Board may accept the final offer and sell the property to the highest bidder.

There was discussion and concerns raised regarding market price and the most recent appraisal of the property.

Following discussion and upon motion of Commissioner Ward, seconded by Commissioner Webb, the Board approved acceptance of the offer submitted by WH Henderson for the purchase of 17.78 acres (Durham County PIN# 0747-02-89-4729) at a purchase price of approximately $560,070, subject to the requirements of NCGS 160A-269, and terms and conditions acceptable to the County Attorney; and proceeds from the sale of this property shall be allocated to the Capital Improvement Program Capital Reserve Fund.

All Commissioners voted aye, except Commissioner Bryan who voted nay.
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APPROVAL OF FUNDING REQUEST FROM THE DUBOIS CENTER

On August 30, 2004, the Board of Commissioners and Raleigh City Council heard requests for hotel/motel and prepared food and beverage revenue. One of the projects presented was from the DuBois Center and the Town of Wake Forest. The Center presented a project to build/renovate and operate the National Rosenwald School Museum at the DuBois campus in Wake Forest.

County staff met with representatives from the Center to discuss the project, scope, planning and timetable. The DuBois Center has stated that they have an immediate need for funding in order to stabilize the building that would be the foundation for the future museum.

Chairman Gardner recognized Marshall Harvey to comment on the request. Mr. Harvey stated that when the group presented to the joint boards in August, it was the understanding that the group would meet with staff and search out available funding to save the buildings, thus the reason for the request to the County today. Betty Murchison, Executive Director of the Center, was also recognized to comment on the request.

Following much discussion and upon motion of Commissioner Ward, seconded by Commissioner Webb, the Board approved the funding request from the DuBois Center for funding of up to $70,000 for the purpose of stabilizing a building on the DuBois Center campus in Wake Forest. All Commissioners voted aye, except Commissioner Gurley who voted nay.
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COMMITTEE REPORTS

Commissioner Ward was appointed to serve on the Dorothea Dix Campus Master Plan Oversight Committee. She reported that the next Committee meeting will include a tour of the Campus and that she would report to the Board of Commissioners following that tour.

Commissioner Ward also commented on a meeting with the Raleigh Organization for Action and Results (ROAR), an organization formed to look at solutions to social problems in the County. The Commissioner suggested that the group be scheduled to present to the Board of Commissioners some time in the future.
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Commissioner Jeffreys reported on the results of questionnaires sent to 120 parents at Hunter Elementary. Of the forty responding, 27 percent had been homeless or in fear of being homeless in the past two years. The questionnaire process was conducted by a social worker at the school.
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Commissioner Bryan commented on the following meetings significantly impacting the County:
Wake Education Partnership Meeting - Governor Hunt challenged Wake’s public school system to be the best in the nation in the next ten years; Mental Health Crisis Intervention Training for Teams – Sheriff, Raleigh and Cary Public Safety training on how to deal with the mentally ill, modeled after a Memphis, Tennessee, program.

NC Association of County Commissioners Board of Directors Meeting – Board members were given a copy of Breeden’s “Top Ten Tips for Being an Excellent Board of Director Member.” The Commissioner cited several of the tips and suggested that the Board of Commissioners also look at this list.

Board of Commissioners/Raleigh City Council Joint meeting – approval of the schematic design for the convention center.
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Commissioner Webb brought to the Board’s attention a letter from the rescue squads and EMS Chiefs regarding the establishment of an EMS Citizens’ Advisory Committee, similar to the Fire Commission. The Commissioner stated that a meeting of the Public Safety Committee would be scheduled to follow-up on their feedback and recommendation.
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Chairman Gardner commented on an item for discussion at the next Joint Commissioners and School Board Luncheon meeting, developing a joint one-page resolution to send to the Governor and the General Assembly about the reduction in school funding and the impact on our community. The Chairman noted that in talking with other County Chairs it would be more effective if school boards and Boards of Commissioners in each county throughout the state would work together to develop such resolutions.
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CLOSED SESSION

Upon motion of Bryan, seconded by Commissioner Webb, the Board unanimously approved going into closed session for the following purposes:

1) to instruction staff regarding the terms and conditions of the purchase of real property for the Little River Reservoir Project and Open Space: 2) To discuss matters related to the location or expansion of industries or other businesses in the area served by this Board, and 3) To consult with the Attorney to consider and give instruction concerning a potential or actual claim, judicial action or administrative procedure.

Following the business in closed session, Chairman Gardner called the meeting back into regular session.
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ACQUISITION OF PROPERTY
LITTLE RIVER RESERVOIR PROJECT

Upon motion of Commissioner Ward, seconded by Commissioner Webb, the Board unanimously authorized staff to proceed with the following acquisitions to support the development of the Little River Reservoir Project, and authorized the County Manager to execute contracts on behalf of Wake County for the purchase of said properties:
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ACQUISITION OF PROPERTY FOR OPEN SPACE
SWIFT CREEK and LOWERY CREEK PRESERVATION PROJECTS

Upon motion of Commissioner Webb, seconded by Commissioner Jeffreys, the Board unanimously approved the following acquisitions of property to support the development of the Open Space Swift Creek Preservation Project, and authorized the County Manager to execute contracts on behalf of Wake County for the purchase of said property:

Acquisition of 1.45 acres owned by Johnny R. Rooks III at a purchase price of $2,900

And, further, that staff be authorized to proceed with the following acquisition to support the development of the Open Space Lowery Creek
Preservation Project:

Donation of 4.83 acres owned by B.D.G.-Rihani Associates, LLC.
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There being no further business to come before the Board at this time, Chairman Gardner recessed the meeting until Wednesday, October 20, 2004, at 12 noon, The Matthews House, Cary, NC, upon the motion of Commissioner Jeffreys, seconded by Commissioner Ward and the unanimous vote of the Board.
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Respectfully submitted:

Gwen Reynolds
Clerk to the Board
Wake County Commissioners