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    Minutes of 04-03-2006 Board of Commissioners' Meeting (adopted)
WAKE COUNTY BOARD OF COMMISSIONERS
MINUTES
April3. 2006

The Wake County Board of Commissioners met in regular session Monday, April 3, 2006, at 2:00 p.m. in the Commissioners’ Meeting Room, 7th Floor, Wake County Courthouse, Raleigh, North Carolina. Members present were Commissioners Joe Bryan, Herbert H. Council, Kenneth M. Gardner, Phil Jeffreys, Betty Lou Ward, Harold H. Webb and Chairman Tony C. Gurley.

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 Gurley called the meeting to order.

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PLEDGE OF ALLEGIANCE

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INVOCATION

Commissioner Bryan offered the invocation.

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APPROVAL OF AGENDA

Chairman Gurley called for the approval of the agenda.

Commissioner Council moved that the agenda be amended to add the Board’s authorization and direction to the County Manager to finalize and execute the pending consulting agreement with The Resources Consulting, Inc. to be the County’s State Legislative consultant. Commissioner Ward seconded the motion. Upon vote, the motion passed (5-2).

The vote was as follows: Commissioner Gardner then moved approval of the agenda as amended. Commissioner Council seconded the motion. Upon vote, the motion passed (6-1).

The vote was as follows:
The Chairman announced the additional item would be considered following the consent agenda.
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APPROVAL OF MINUTES

Upon motion of Commissioner Ward, seconded by Commissioner Council, the Board unanimously approved the minutes of March 13, 2006 and March 20, 2006.
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APPROVAL OF BUDGET AMENDMENT
WORKFORCE DEVELOPMENT PROJECT ORDINANCE

The Wake and Johnston County Boards of Commissioners created the Capital Area Workforce Development Consortium in 1982. The Consortium’s Workforce Development Board is a private sector led board that, in partnership with local government, provides direction and oversight of workforce development activities for Wake and Johnston counties and administers federal and state workforce funds.

The state and federal governments provide funds for all projects. The Workforce Development Ordinance reflects appropriations made by the Board of Commissioners for workforce development initiatives that benefit businesses and job seekers in the Capital Area. Monies are maintained in a special revenue fund, as these funds are legally restricted to expenditures for specified purposes.

The Capital Area Workforce Development Consortium is requesting the incorporation of the following funding authorizations into the Workforce Development Ordinance, reflecting an increase of $67,226:
Upon motion of Commissioner Webb, seconded by Commissioner Jeffreys, the Board unanimously approved the acceptance of the Workforce Development funding in the amount of $67,226 to the Workforce Development Project Ordinance with the appropriate budget revisions to increase appropriations in the Workforce Development Special Revenue fund.
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APPROVAL OF TAX REPORT

Upon motion of Commissioner Bryan, seconded by Commissioner Ward, the Board unanimously approved the tax reports as recommended by the Tax Committee, and as presented.
1.
Report of Collections – Wake County Only – February 2006
2.
Wake County In-Rem Foreclosure Progress Report – February 2006
3.
Value Adjustments and Special Situations: (Wake County Only),
(Wake County and City of Raleigh)
4.
Consideration of Requests for Adjustments, Rebates and/or
Refunds of Penalties: (Wake County Only), (Wake County and Town
of Fuquay-Varina), (Wake County and City of Raleigh)
5.
Consideration of Requests for Exemptions – Late Filed Applications:
(Wake County Only), (Wake County and Town of Cary), (Wake County and
City of Raleigh)
6.
Consideration of Refund for Taxes, Interest, and Penalties:
(Wake County Only), (Wake County and Town of Apex), (Wake County and
Town of Cary), (Wake County and Town of Fuquay-Varina), (Wake County
and Town of Garner), (Wake County and Town of Knightdale), (Wake County
and City of Raleigh)
7.
Rebate Details:
(Wake County and Town of Apex), (Wake County and Town of Cary),
(Wake County and Town of Fuquay-Varina), (Wake County and Town
of Garner), (Wake County and Town of Holly Springs), (Wake County and
Town of Knightdale), (Wake County and Town of Morrisville), (Wake County
and Town of Rolesville), (Wake County and Town of Wake Forest), (Wake
County and Town of Wendell), (Wake County and Town of Zebulon)

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APPROVAL OF STATE LEGISLATIVE CONSULTANT FOR WAKE COUNTY

Commissioner Council moved that the County Manager be authorized and directed to finalize and execute the pending contract with The Resources Group Inc. to be the County’s State Legislative consultant. Commissioner Ward seconded the motion.

Following discussion and upon vote, the motion passed (4-3).
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PUBLIC HEARING
RENAME A SECTION OF ROGERS ROAD NEAR WAKE FOREST
AS ROGERS BRANCH ROAD

Chairman Gurley announced a public hearing to consider the renaming of a section of Rogers Road near Wake Forest, duly advertised as provided by statute for Monday, April 3, 2006, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.

Mr. David Hunt of Geographic Information Services presented an overview of the road naming process. He then presented information on the proposed renaming of a section of Rogers Road near Wake Forest. He stated that Rogers Road (SR 2052) extends approximately three miles between Wake Forest and Rolesville. As part of the recent development of the Heritage Wake Forest community, a section of Rogers Road was realigned near the intersection of Forestville Rd. The realigned section was closed except for a short 1200-foot stretch of roadway where residents still use the road as access to their properties. This request concerns renaming the 1200-foot offshoot of Rogers Road (SR 5114) that remains as a stub-out due to public safety concerns regarding duplicated road names and address ranges. In this case, the 3600 and 3700 blocks of Rogers road have been duplicated.

Additionally, the section of Rogers Road to be renamed is not entirely within Wake County’s extraterritorial jurisdiction (ETJ); two of the property owners are located within the Wake Forest ETJ. County staff obtained a letter from the Wake Forest Planning Department indicating its recognition of any name approved by the Wake County Board of Commissioners.

Wake County GIS staff obtained a majority of the property owners’ signatures(4 of 6) for the name Rogers Branch Road. Letters were mailed informing each of the property owners and occupants of the selected name. Subsequently, an additional set of letters was mailed out announcing the date for the Public Hearing. There has been no opposition to date concerning the new name.

Authorization for the Board of Commissioners to rename a road is provided by G.S. 153A-239.1; the Board of Commissioners has also adopted a Resolution 84-218, which provides for administrative requirements for petitions to change the names of roads in the unincorporated areas of Wake County.

The appropriate requirements for the road name petition as well as those in the General Statutes for renaming a road have been met. And since the elimination of the duplicate road name will reduce the potential for confusion during an emergency response, Wake County GIS Staff recommend that the Board approve the renaming of this section of Rogers Road as Rogers Branch Road.

The factual situation having been presented, Chairman Gurley declared the public hearing open and announced that anyone desiring to comment would be heard at this time.

There were no comments in support of or in opposition to the proposed road name change.

Thereafter, at the conclusion of the public hearing, Chairman Gurley declared the hearing closed and invited action by the Board.

Upon motion of Commissioner Bryan, seconded by Commissioner Ward, the Board unanimously adopted a resolution renaming a section of Rogers Road as Rogers Branch Road.
A Resolution APproving the request
to Rename a Section of Rogers Road
as rogers branch road
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FINANCE/HUMAN RESOURCES/BUDGET SYSTEMS
REPLACEMENT PROJECT – STAFFING REQUEST

In FY 2004 the County initiated the investigation processes for the replacement or upgrade of its separate Finance and Human Resources computer applications. In FY 2005 it was determined that an integrated Finance/Human Resources/Budget system was the best solution for the replacement of these separate systems. Funding was provided in the Automation CIP budget in the amount of $8.3 million, spread over FY 2005 and FY 2006 for the purchase and implementation of a new system.

In November 2005 County staff completed the procurement process which resulted in the recommendation of the purchase of the new system and associated implementation services from CGI-AMS at a cost of $6,295,350 and on December 5, 2005 the Board of Commissioners authorized the County Manager to sign a contract with CGI-AMS in this amount.

Mr. Bill Scanlon of Information Services, presented information on the implementation phase of the project and the development of the project staffing plan. He stated that it was concluded that due to the required technical skill sets and the need for ongoing support for the new system, hiring permanent employees would assure better continuity and stability for the system than hiring contractors. It is also important to note that the existing Finance, Human Resources and Budget systems must remain functional while the new system is being implemented and the technical staff devoted to those activities must remain in place during that time to run the systems. These existing staff members will also complete retraining programs to position them to perform other technical duties for the County as defined by their individual transition plans.

County staff recommends and requests the following five positions for project implementation: 2 FTE Technical System Administrators, 1 FTE Human Resources Functional System Administrator and 2 FTE Programmers/Developers. These positions will be funded out of the Information Services Department’s FY 2005-2006 operating budget. Funding for FY 2006-2007 will come from the project budget before being funded from departmental operating budgets in FY 2007-2008.

Upon motion of Commissioner Ward, seconded by Commissioner Council, the Board unanimously approved the establishment of five FTE’s to provide technical staffing for the Integrated Finance/Human Resources/Budget System.
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FUNDING REQUEST FOR INTER-FAITH FOOD SHUTTLE

For more than seventeen years, the Inter-Faith Food Shuttle (IFFS) has provided food to needy Wake County residents by recovering and distributing food that would otherwise be thrown away. Due to multiple factors, Inter-Faith Food Shuttle is facing a financial crisis and is requesting $125,000 in additional one-time funding from Wake County and the City of Raleigh. The organization has provided supplemental documents describing their current financial condition, background information on their financial hardships and potential remedies under consideration.

The City of Raleigh has agreed to provide fee for service contracts worth over $100,000 and $25,000 in one-time grant funding contingent on Wake County approving the IFFS’s funding request.

Comments in support of the Inter-Faith Food Shuttle funding request were presented by the following:
Following the presentations and discussion by the Board, Commissioner Bryan moved approval of a grant in the amount of $125,000 (from contingency) to the Inter-Faith Food Shuttle. Commissioner Council seconded the motion and upon vote, the motion passed unanimously.
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PUBLIC COMMENTS

The Board of Commissioners desires to hear from the public concerning the operations and services of Wake County Government. It is for that purpose a time certain (3:00 p.m.), or as soon thereafter as possible, has been scheduled for public comments.

Chairman Gurley recognized:

1. Mr. Dean Naujoks, Upper Neuse Riverkeeper (Reported on 4th Annual Neuse River Spring Cleanup; thanked the County for participating and waiving landfill fees; and requested County assistance in the removal of the two cars pulled from Crabtree Creek)

There were no other names listed on the sign-up sheet or requests to be appear before the Board at this time. Chairman Gurley declared the public comment portion of the meeting closed.
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REPORT ON THE REQUEST
FROM WAKE COUNTY BOARD OF EDUCATION
TO REALLOCATE PLAN 2000 FUNDS

Mr. Don Haydon, Wake County Public School System, was recognized to present information on the request from the Wake County Board of Education to reallocate Plan 2000 funds. He stated that on March 21, 2006, the Board of Education approved a Plan 2000 reallocation request of $400,000 from Plan 2000 program contingency to mobile relocations. These funds will be used for unanticipated change orders for the 2005 crowding solution.

After this reallocation, approximately $1.5 million will remain in Plan 2000 Program Contingency. Because there is still activity associated with Plan 2000, namely two existing schools undergoing renovation (Enloe and Longview) and two schools in design (Knightdale Elementary and Swift Creek Elementary) as well as three minor projects in construction and ten in design, it is prudent to place some funds under program contingency until these projects are complete. Both the Board of Education and the Board of Commissioners must approve funds transferred out of program contingency.

There was much discussion, and information was requested on when the above-referenced projects would be closed-out.

The Board of Commissioners received the information on the request from the Board of Education to reallocate 2000 funds. Chairman Gurley announced that if there are no outstanding questions, this item will be placed on the April 17, 2006 agenda.
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REPORT ON THE REQUEST
FROM WAKE COUNTY BOARD OF EDUCATION
TO APPROPRIATE AND REALLOCATE PLAN 2004 FUNDS

Chairman Gurley recognized Mr. Don Haydon, Wake County Public School System, to present information on the Board of Education’s request to appropriate and reallocate Plan 2004 funds. He stated that on March 21, 2006, the Board of Education approved a Plan 2004 appropriation request of $8,747,147 and a reallocation request of $9,962,147. This request reallocates the available funds for Wendell Middle as well as reallocates funds from Heritage High.

Mr. Haydon, indicated that funds will be used to fund road improvements at Holly Springs High, unanticipated site costs and playground equipment costs at Harris Creek Elementary, settlement costs with the developer and playground equipment costs at Brier Creek Elementary, unanticipated site costs at Panther Creek High, and funding of program contingency for future needs. Both the Board of Education and the Board of Commissioners must approve transfers from program contingency. Because the bidding process for E-13, E-15, and E-18 is not complete, and because it is anticipated that additional funds will be needed for these elementary schools over and above their original budgets, it is necessary to move funds into program contingency at this time.

Information was requested reference the following: actual costs associated with road and site improvements and conditions for those costs to be more than anticipated; the bidding process for E-13, E-18, and E-15 and what actions have been taken by the School System to stay within the original budgeted amounts; also, the location of E-13, E-18 and E-15.

The Board of Commissioners received the information on the request from the Board of Education to appropriate and reallocate Plan 2004 funds. Chairman Gurley announced that if there are no outstanding questions, this item will be placed on the April 17, 2006 agenda.
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LEASE AGREEMENT FOR THE ADAPTIVE RE-USE OF A FORMER
WINN DIXIE FOR A PROPOSED NINTH GRADE CENTER

Ms. Betty Parker, Wake County Public School System, Real Estate Services, reported that at their February 7, 2006 meeting, the Board of Education approved the following actions:
Funding for this lease will be a part of the FY07 County general fund appropriation to the Wake County Public School System. It is anticipated that current Plan 2004 funds, likely coming from Plan 2004 program contingency, will cover design and up fit of the facility.

The planned new ninth grade center for this site is currently scheduled to open for the fall term 2007.

According to Section 115C-426 of the General Statutes, the County Board of Commissioners is responsible for approving the purchase of property by the County Board of Education. In addition, Section 115C–530 of the General Statutes, requires Commissioner’s approval of Board of Education operational leases for terms of three years or longer (including periods that may be added to the original term through the exercise of options to renew or extend operational leases).

In response to concerns raised at a previous Board of Commissioners’ meeting, Dr. Richard Murphy, Senior Director of High School Programs, presented information on ninth grade centers –site-based decisions, transitioning, scheduling and graduation rates. He pointed out that the centers are not a new concept and are being used in Wake County as a solution geared to growth, not specifically for academic purposes.

Dr. Chuck Dulaney, Wake County Public Schools, Growth and Planning, was recognized to present information on ninth grade centers and capacity needs.

Following much discussion, Commissioner Council moved approval of the Board of Education’s request to enter into a ten-year agreement with FRO LLC, VII to lease a building and adjacent parking lots formerly occupied by Winn Dixie. Commissioner Ward seconded the motion. Upon vote the motion passed (6-1).

The vote was as follows:
RESOLUTION
APPROVING SCHOOL OPERATING LEASE AND
SUBSEQUENT YEARS’ EXPENDITURES


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

On February 6, 2006 the Board of Commissioners approved a request by the Board of Education to reallocate savings from
Plan IIIB and Plan 2000 to Plan 2004. With this action, the Board approved a total budget of Plan 2004 of $564,443,749.

Chairman Gurley recognized Mr. Don Haydon, Associate Superintendent, Wake County Public Schools, to present information on the request from the Board of Education. He stated that on March 7, 2006, the Board of Education approved three Plan 2004 reallocation requests totaling $3,275,000. The first reallocates start-up funds from E-20 and E-21 to E-26 and E-27. These start-up funds are being transferred because land will be available sooner for the latter two elementary schools. The second reallocation moves funds from Heritage High site work to Barwell Road elementary to cover the cost of roadway improvements and playground equipment. The third reallocation moves funds from program contingency to land acquisition Phase II for upcoming land purchases.

Upon motion of Commissioner Ward, seconded by Commissioner Gardner, the Board unanimously adopted a resolution approving the request from the Board of Education to reallocate Plan 2004 funds.
RESOLUTION
REALLOCATE FUNDS FOR PLAN 2004 SCHOOL CAPITAL PROJECTS

Adopted this the 3rd day of April 2006.

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Chairman Gurley announced a ten-minute recess.

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APPOINTMENTS TO ADVISORY BOARDS

Upon motion of Commissioner Gardner, seconded by Commissioner Council, the Board approved the following appointments:

a. Wake County Adult Care Home Community Advisory Committee
b. Wake County Citizens’ Energy Advisory Commission c. Wake County Commission for Women
d. Wake County Council on Fitness and Health

e. Wake County Economic Development Commission
f. Wake County Nursing Home Community Advisory Committee
g. Oak View Advisory Board
h. Wake County Planning Board
i. Town of Cary Zoning Board of Adjustment

j. Town of Knightdale Land Use Review Board

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OTHER BUSINESS

1.Commissioner Council brought to the Board’s attention that today marks a special day for Chairman Gurley—his 50th
birthday. The Board extended best wishes and the audience joined in singing Happy Birthday.

2. Chairman Gurley announced the next joint meeting of the Board of Commissioners and Board of Education - Monday, April 10, 2006, at 8:30 a.m., Conference Center, Wake County Office Building.
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CLOSED SESSION

The County Attorney reported that there was no need for a closed session.
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There being no other business to come before the Board at this time, Chairman Gurley adjoined the meeting at 4:15 p.m., upon the motion of Commissioner Ward, seconded by Commissioner Webb and the unanimous vote of the Board.

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Gwen Reynolds, CMC
Clerk to the Board
Wake County Commissioners