Close CloseResponse Response

    Minutes of 08/21/2006 Board of Commissioners' Meeting (adopted)

REGULAR SESSION – FIRST DAY AUGUST 21, 2006


17

The Wake County Board of Commissioners met in regular session Monday, August 21,

2006, at 2:00 p.m. in the Commissioners’ Room, 7th Floor, Wake County Courthouse,

Raleigh, North Carolina. Members present were Commissioners Joe Bryan; Herbert

H. Council; Kenn M. Gardner; Tony Gurley; Phil Jeffreys; Betty Lou Ward; and Harold Webb.

Others attending were the County Manager, David C. Cooke; the County Attorney,
Mr. Michael R. Ferrell; and the Clerk to the Board, Mrs. Susan Banks.

Chairman Gurley called the meeting to order.

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

PLEDGE OF ALLEGIANCE


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

INVOCATION
Commissioner Joe Bryan offered the invocation.


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

APPROVAL OF AGENDA

Upon motion of Commissioner Gardner, seconded by Commissioner Webb, the Board unanimously approved the agenda of August 21, 2006 meeting.
MINUTES

Upon motion of Commissioner Webb, seconded by Commissioner Council, the Board unanimously approved the Minutes of July 17, 2006 and July 18, 2006 board meetings.

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

OPEN SPACE CELEBRATION

Mr. Sig Hutchinson, Chairman of the Open Space and Parks Advisory Committee introduced individuals present who support the open space program. He announced the County won the Conservation Trust of North Carolina’s Local Government Conservationist of the Year Award. Mr. Hutchinson reported on the commitment to open space by Wake County exhibited in endorsing $15 million in general obligation bonds to launch the county’s Open Space Program. Four years later the voters approved an additional $26 million to preserve 30 percent of 165,000 acres of the county’s land as open space. He spoke about projects such as, American Tobacco Trail, preserving parks and lakes and adding acreage to these areas.
He complemented the Board and county on being a leader in open space protection and getting things accomplished quickly. He thanked the commissioners and stated they were leaving a legacy for future generations. The commissioners recognized Mr. Hutchinson leadership and helping to take Wake County to this level in open space conservation.


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

PURCHASE OF AN AGRICULTURAL CONSERVATION/GREENWAY EASEMENT
FROM MICHAEL LEE HOPKINS IN THE LITTLE RIVER WATERSHED

Mr. Mike Aull stated the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS) working the Commodity Credit Corporation administer the Farm and Ranch Lands Protection Program. The program grants funds to local governments for the purchase of conservation easements which limits use of this property. A grant in the amount of up to $150,000 was offered to Wake County for the purchase of an Agricultural Conservation/Greenway Easement on approximately 46 acres owned by Michael Lee Hopkins. The Hopkins farm is located across from Highway 96 from the planned Little River Reservoir and contains over 1,199 linear feet of stream tributary to the proposed reservoir.

Upon motion by Commissioner Ward, seconded by Commissioner Council, the Board unanimously voted to approve the following:
1) The purchase of an Agricultural Conservation/Greenway Easement on approximately 48.23 acres owned by Michael Lee Hopkins at a purchase price of $10,000 per acre.
2) Enter into a Cooperative Agreement with the United States of America acting by and through the Commodity Credit Corporation for a grant in the amount of $150,000, subject to terms and conditions acceptable to the County Attorney.
3) The necessary budget revision for appropriation of grant revenue of $150,000.
*******************
WAKE COUNTY MAKING MAGIC: AN ALLIANCE FOR KIDS

Ms. Mary Uzri stated that this is an initiative to raise funds to help provide young people who have not been reaching their educational goals, meaningful summer learning and after-school experiences that include educational support. This is a network of caring parents, community providers, and participating youth who worked on a subcommittee to inspire fund raising using the Making Magic Initiative. The partners in the Making Magic Alliance include Wake County Human Services Board and staff, more than 19 community service providers, the PES Parent Advisory Council, the Making Magic Youth Leadership Participants, and the NC 4-H Development Fund. Mr. Lawrence Fleming is chairing the Human Services Successful Children’s Board Subcommittee on this initiative.

The first fund development effort of the Alliance is the Making Magic Motorsports Expo, scheduled for January 6, 2007 at Dorton Arena. The signatures sponsor for the 2007 Making Magic Motorsports Expo, Ray Price Harley Davidson/Buell, Inc. has already pledge $15,000 to support the event. Mr. Ray Price was introduced by Ms. Uzri. Mr. Price and Ms. Amber Oliver, a youth participant, expressed the importance of this event.

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

ANNUAL REPORT FROM THE ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE

Mr. Kent Thompson, Chairman of the Adult Care Home Advisory Committee, introduced Aimee Kepler, Aging Services Ombudsman and Gail Holden, committee member. He informed the Board that he had lunch with Commissioner Ward and the officers had also met with Susan Banks, Clerk to the Board, to discuss the need and ways to enlarge the committee membership. He gave the 2005 home visit report. The committee members visited 65 homes, with thirty-five (35) adult care homes per quarter and thirty (30) family care homes in 2005. The purpose of this committee is to report violations of individual’s rights and to talk with the people in the homes. Following each visit, a written report is provided by the committee and can be found on the website.

Mr. Thompson expressed a need for additional committee members. The committee is down to twelve (12) members and can have up to twenty-five (25) members. The committee members are charged with making 120-130 home visits per year. Commissioners discussed a need for a plan of action to work to increase the membership on this committee.

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

PUBLIC COMMENTS
3:00 PM

Benson Kirkman, President of Friends of Lake Johnson, invited the commissioners to a function on September 16 for a “Saturday in the Park” at Lake Johnson.

Gary Pendleton made suggestions on how to recruit members to the Nursing Homes and Adult Care Homes Advisory Committees.
******************
RETIREE RECOGNITION

The following employees were recognized and presented with a plaque upon their retirement:

1) Edith Cheek – Social Services, 27 years of service
2) Ellen Fortenberry – Public Health Nurse since 1974
3) Gwendolyn Sanders – CCBI, 25 years of service
4) William Bell, Jr. – Detention Center over twenty years of service
5) Sgt. Timothy Privette – County Law Enforcement since 1997
******************
CONSENT AGENDA ITEMS

Consent Agenda Items are approved with one motion and intended to be routine and non-controversial.

Upon motion by Commissioner Ward, seconded by Vice Chairman Webb, the Board unanimously voted to approval all items on the consent agenda as follows:
AUTHORIZE THREE-YEAR AGREEMENT WITH
LABORATORY CORPORATION OF AMERICA
TO PROVIDE LABORATORY SERVICES FOR COUNTY PROGRAMS

Specific Action Approved: The Board of Commissioners approved the three-year agreement with Laboratory Corporation of America to provide laboratory services for County programs, and authorizes the County Manager to execute a contract on behalf of Wake County for these services.

STATE OF NORTH CAROLINA COUNTY OF WAKE



This contract is made and entered into this 20th day of February, 2006 by and between Wake County Human Services (Wake County) and LABORATORY CORPORATION OF AMERICA HOLDINGS (Provider).

For the purposes and subject to the terms and conditions hereinafter set forth, Wake County hereby retains the Provider.

TERM OF AGREEMENT: July 1, 2006 through June 30, 2009

I. SERVICES TO BE PROVIDED
The services to be performed by the Provider shall be as follows:
1. The Provider [LabCorp] will perform clinical laboratory tests the preponderance of which should be performed at one of the facilities owned and operated by the Provider. In the event that the Provider must refer a requested test to another laboratory outside it's direct ownership and control, the Provider will A) assure that the laboratory meets all applicable regulatory requirements, and B) assures that the name and address of the laboratory to whom testing was referred, appears on the finalized report to the Customer. The services shall be provided at the fees listed in Exhibit A. These prices will remain during the term of the agreement.
2. Provider will provide a reference specimen pickup and report delivery service to Wake County on a daily basis Monday through Friday of each week, except on holidays. For the purposes of this Agreement, holidays shall include New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day. Provider shall make reasonable efforts to deliver or transmit results of a routine nature (general routine chemistries) back to Wake County within 24 hours of the time the specimen is received by Provider's testing facility. Provider shall make reasonable efforts to deliver or transmit results of tests performed on specimens of a special nature (special chemistries, tissues, etc.) back to Wake County within the times set forth in Provider's then current turn-around-time schedule.
3. SUPPLIES: Provider will provide, as part of its charges for its services, all necessary items, devices, or supplies that are used to collect, transport, process, or store specimens to be submitted to the Provider for testing.
4. PRINTER: The Provider will supply data receiving equipment which is used solely to communicate the results of the Provider's tests to each of the designated sites, as long as the designated site meets the Provider's qualifications and conditions of participation, to ensure the earliest delivery of test result data and off-hour test result reporting. The designated sites include the Alcoholism Treatment Center (ATC), Wake County Human Services Health Center at Sunnybrook Road, and the Human Services Eastern Regional Center in Zebulon, and the Human Services Center in Wake Forest. Said data receiving equipment shall be the sole property of the Provider and will remain in the designated sites as long as this Agreement is in effect. There will be no additional charge for the use of the data receiving equipment. It will be the responsibility of the Provider or the equipment vendor, as the case may be, to services and maintain said data receiving equipment.
5. The Provider shall ensure that all of its facilities which perform testing for Wake County Human Services and all facilities the Provider may use from time to time shall be appropriately licensed and accredited. Reasonable documentation of such credentials shall be provided upon request.
6. Upon execution of the appropriate connectivity agreement, LabCorp shall also provide the Customer with the following services:
Electronic Order Entry capability
Secured Web Based retrieval of results and/or testing status. - HIPAA compliant.
Computer interface capability
7. LabCorp shall also provide customer with monthly billing statements by account, and to include the patient name, Patient ID number, date of service and description of test.

Billing
Provider will submit to Wake County a monthly itemized statement of Services rendered to Wake County by Provider for the prior month. Payment for Services is due thirty (30) days after the date of invoice. Failure to remit payment within said time may result, among other remedies available to PROVIDER, in the loss or reduction of Wake County 's discount and/or special prices on future Services or discontinuation of Service. If, as a result of such non-payment, PROVIDER reduces or removes any discount and/or special prices, the terms and prices contained in Provider's current Fee Schedule shall become the Fees payable by Wake County. Provider may, at its option, reinstate any discount and/or special prices on business referred to Provider after Wake County brings its balance current. Nothing in the foregoing shall waive any rights or remedies available to LABORATORY with respect to late payment by Wake County. If Provider is compelled to bring suit to collect amounts due hereunder, it shall be entitled to recover interest on amounts due, reasonable attorneys' fees and costs incurred in connection with the action.

In accordance with legal and regulatory requirements, Provider agrees to bill the patient or other responsible party including Medicare, Medicaid and insurance companies, for the Services performed under this Agreement. Wake County agrees to promptly provide Provider with all necessary information to accomplish such billing and collection of amounts due. If Provider is unable to obtain payment from any third party due to Wake County 's failure to provide the information required in this Agreement or as a result of Wake County 's failure to follow applicable rules or regulations, Wake County agrees to reimburse Provider for all such payments.


II. TERM
The services of the Provider shall commence on July 1, 2006, and unless sooner terminated by mutual consent or as hereinafter provided, shall be provided until June 30, 2009; provided that Provider shall have the right to terminate this Agreement for services upon thirty (30) days' notice in writing to the County, and the County shall have the right to terminate this Agreement upon thirty (30) days' notice in writing to the Provider; except, in the case of abuse or neglect affecting client care, Wake County reserves the right to terminate this Agreement immediately upon written notice. This Agreement is subject to the availability of funds to purchase the specified services and may be terminated immediately if such funds become unavailable.

This agreement may be renewed for successive one year terms upon written authorization signed by the appropriate officers of each party.

Ill. PAYMENT
As full compensation for the Provider's services, the County agrees to pay the Provider to the extent responsible, for all tests and services performed by the Provider under this Agreement in the manner and amounts set forth in Exhibit A. Total payments under this contract are not to exceed $175,000 per year for the first two years of the contract term, July 1, 2006 through June 30, 2008. Payment will increase for the third and last year of the contract term, July 1, 2008 through June 30, 2009, but shall not exceed the current price index.
Services shall be delivered, and expenses paid based on invoices according to the agreed upon rates in the attachment. Wake County and Provider acknowledge that the maximum amount set forth is an estimate only of the final cost of the deliverables set forth. Wake County agrees that if actual cost exceeds the maximum to be paid under this Agreement, that an addendum shall be promptly executed by both parties to encumber additional funds.

The Provider shall bill the County for services rendered during the preceding thirty (30) days. The County shall pay all such bills within the following twenty (20) days provided all elements of this Agreement are satisfactorily met.
IV. WARRANTY
Wake County warrants to the Provider that neither Wake County nor any of its employees who will order services under this agreement have been debarred, suspended, declared ineligible, or excluded from Medicare/Medicaid or any other Governmental Healthcare Program. Notwithstanding the above, Wake County acknowledges that one of its facilities, the Wake County Alcoholism Treatment Center ("Treatment Center"), has been terminated as a Medicaid and Medicare provider. As such, Wake County represents and warrants that neither it, nor Treatment Center, shall request Provider to bill Medicare, Medicaid or under any other Governmental Healthcare Program for services provided to Treatment Center patients. Wake County will indemnify, defend and hold Provider harmless from and against any claims or penalties arising out of, or related to, its breach of this warranty.

The Provider warrants to Wake County that all services provided hereunder shall be performed in accordance with established and recognized clinical laboratory testing procedures and with reasonable care in accordance with applicable Federal, State, and Local laws. No other warranties are made by the Provider. In no event shall Provider be responsible for any punitive damages or any consequential, incidental, indirect or special damages of County or any third party.
V. RELATIONSHIP OF PARTIES
The Provider shall operate as an independent contractor, and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider agrees that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. The Provider further agrees that the Provider is fully responsible for the payment of any and all taxes arising from the payment of monies under this Agreement. The Provider shall not be treated as an employee with respect to the services performed hereunder for purposes of eligibility for, or participation in, any employee pension, health, or other fringe benefit plan of the County. The County shall not be liable to the Provider for any expenses paid or incurred by the Provider unless otherwise agreed in writing. The Provider shall supply, at his sole expense, all equipment,

tools, materials, and supplies required to provide the contracted services unless otherwise agreed in writing. The Provider shall comply with all federal, state and local laws regarding business permits, certificates and licenses that may be required to carry out the services to be performed under this Agreement. The Provider shall insure that all personnel engaged in work under this Agreement shall be fully qualified and shall be authorized under state and local law to perform the services under this Agreement.
VI. INSURANCE
The Provider shall obtain, at his sole expense, all insurance required in the following paragraphs and shall not commence work until such insurance is in effect and certification thereof has been received by Wake County's Risk Manager. Workers' Compensation Insurance, with limits for Coverage A Statutory-State of North Carolina and Coverage B Employers Liability $500,000 each accident, disease policy limit and disease Each Employee.

Commercial General Liability - Combined single limits of no less than $1,000,000 each occurrence and $2,000,000 aggregate. This insurance shall include Comprehensive Broad Form Coverage including contractual liability. Commercial Automobile Liability, with limits of no less than $500,000 Combined Single Limit for bodily injury and property damage. Evidence of commercial automobile coverage is only necessary if vehicles are used in the provision of services under this Agreement and/or are brought on a Wake County site.

All insurance companies must be licensed in North Carolina and be acceptable to the County's Risk Manager. Insurance Policies, except Workers' Compensation, shall be endorsed (1) to show Wake County as a certificate holder and (2) to amend cancellation notice to 30 days, pursuant to North Carolina law. Certificates of insurance shall be signed by a licensed North Carolina agent and be amended to show "thirty (30) days' notice of change or cancellation will be given to the Wake County Risk Manager by certified mail."
Copies or originals of correspondence, certificates, endorsements or other items pertaining to insurance shall be sent to:

If the Provider does not meet the insurance requirements of the specifications, alternate insurance coverage satisfactory to Wake County may be considered.
VII. INDEMNIFICATION
The Provider agrees to defend, indemnify, and hold harmless Wake County from all loss, liability, claims or expense (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or property damage to the extent proximately caused by the negligence or misconduct of the Provider or his/her subcontractors, agents and employees, except to the extent same are caused by the negligence or willful misconduct of Wake County. It is the intent of this section to require the Provider to indemnify Wake County to the extent permitted under North Carolina law.

Except as other wise prohibited by State Law, Wake County agrees to defend, indemnify, and hold Provider, its parent, subsidiaries, affiliated and related companies, directors, officers, employees,

and agents, wholly harmless from and against all third party claims, losses, lawsuits, settlements, demands, causes, judgments, expenses, and costs arising under or in connection with this Agreement to the extent that such costs and liabilities are proximately caused by the negligence or willful misconduct of Wake County. Nothing in this section shall be deemed to waive any defenses which might otherwise be available to the County as governmental entity.
VIII. NON-ASSIGNMENT
Neither party shall assign this Agreement, including rights to payments, to any other party without the prior written consent of the other party.
IX. ENTIRE AGREEMENT
The Provider and the County agree that this document constitutes the entire agreement between the two parties and may only be modified by a written mutual agreement signed by the parties.
X. GOVERNING LAW Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina.
XI. WAIVER
Failure of either party to enforce, at any time, any of the provisions of this Agreement, or to request at any time performance by the other party of any of the provisions hereof, shall in no way be construed to be a waiver of such provisions, nor in any way affect the validity of this Agreement or any part thereof, or the right of the party to enforce each and every provision.
XII. NOTICES
Any notice required to be given pursuant to the terms and provisions hereof shall be in writing and shall be sent by certified or registered mail to:
PROVIDER
Laboratory Corporation of America Holdings 358 South Main Street
Burlington, NC 27215
Attn: Atlantic Contracts Dept.-5th Fl.




with a copy to:

    Laboratory Corporation of America Holdings 430 South Spring Street
    Burlington, NC 27215
    Attn: Law Department - 2nd Fl.
        WAKE COUNTY
        Wake County Human Services Contract Management
        Attn: Reba T. Hamm
        220 Swinburne Street
        P.O. Box 46833
        Raleigh, N.C. 27620-6833









    13-3757370
    Provider IRS Identification No.

    This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act.

    Exhibit A

    TEST NO.
    TEST NAME
    FEE
    000620
    Thyroid Panel With TSH$12.70
    000810
    Vitamin B12 and Folate$9.50
    001016
    Calcium, Serum$3.30
    001057
    Uric Acid, Serum$3.30
    001065
    Cholesterol, Total$3.30
    001099
    Bilirubin, Total$3.30
    001123
    AST (SGOT)$3.30
    001149
    Thyroxine (T4)$3.30
    001180
    Potassium, Serum$3.30
    001339
    Iron, Serum$3.30
    001370
    Creatinine, Serum$3.30
    001396
    Amylase, Serum$6.00
    001453
    Hemoglobin Al c$10.40
    001503
    Vitamin B12$5.00
    001545
    ALT (SGPT)$3.30
    001818
    Glucose, Plasma$3.30
    001917
    G-6-PD, Quant, Blood and RBC$23.25
    001958
    GGT$3.30
    003038
    Urinalysis, Routine$3.70
    004259
    TSH$6.00
    004309
    FSH, Serum$18.00
    004416
    hCG,Beta Subunit,Qnt,Serum$32.00
    004465
    Prolactin$34.75
    004937
    Transferrin$19.75
    005009
    CBC With Differential/Platelet$3.50
    005199
    Prothrombin Time (PT)$3.50
    005215
    Sedimentation Rate-Westergren$6.80
    005462
    Panel 005462$52.50
    005465
    Panel 005465$52.50
    006072
    RPR$3.00
    006189
    Mononucleosis Test, Qual$10.40
    006460
    Rapid Plasma Reagin, Quant$3.50
    006494
    Cytomegalovirus (CMV) Ab, IgG$19.50
    007260
    Valproic Acid (Depakote),S$15.25
    007401
    Phenytoin (Dilantin), Serum$15.25
    007419
    Carbamazepine(Tegretol), Serum$15.25
    008847
    Urine Culture, Routine$14.25
    010322
    Prostate-Specific Ag, Serum$17.60
    030825
    Fe+TIBC+Fer$15.00
    058867
    CMP12+8AC$7.20
    070466
    Chain-of-Custody Protocol$0.00
    083824Panel 083824$30.00
    096206Varicella-Zoster V Ab, IgG$24.00
    096479Chlamydia/GC, DNA Probe$16.20
    101550Gestational(Glucose)Diab.Scrn$3.30
    183194Chlamydia/GC Amplification$40.00
    221069ChoI+HDL$4.50
    235010Lipid Panel With LDL/HDL Ratio$6.50
    328685CMP12+6AC+CBC/D/Plt+RPR+TSH...$39.80
    328686CMP12+6AC+CBC/D/Plt+RPR+TSH...$34.80
    354449HBcAb+M+H BSAb+Ag+HCVAb+...$159.26
    505008Helper T-Lymph-CD4$25.90
    550035HCV QuantaSure Plus (Serial)$150.00
    550123HCV FibroSURE$150.00
    550146HCV RNA, PCR, QI (Quant Rflx)$120.00
    550285Quant, RNA PCR, Non-Graph$102.00
    550400HCV RNA, PCR, Qualitative$101.90
    550475Hepatitis C Virus Genotyping$250.00
    551275Extended Range Quant$120.00
    551283Ultra Sensitive RNA Qn$112.00
    551366Quant, RNA PCR$150.00
    551499PhenoSense Comprehensive$900.00
    551663HIV GenoSure$200.00
    770701Drug Scrn, Treatment Center$12.20
    772012DRUG PROFILE 772012$15.20
    S00001Sensitivity Organism #1$8.20
    ******************

    AUTHORIZE THREE-YEAR CONTRACT NOT TO EXCEED $290,282 WITH
    TIME WARNER BUSINESS CLASS TO PROVIDE
    WIRELESS INTERNET ACCESS FOR PATRONS AT
    WAKE COUNTY PUBLIC LIBRARIES


    Specific Action Approved: The Board of Commissioners authorized the County Manager to negotiate and execute a multi-year service contract with Time Warner Business Class to provide Wireless Internet access (WiFi) in Wake County Public Library facilities in an amount not to exceed $290,282.40.
    ******************

    ACCEPTANCE OF GRANT FUNDING TOTALING $51,000 FROM VARIOUS
    FOUNDATIONS FOR WAKE COUNTY LIBRARY INITIATIVES

    Specific Action Approved: The Board of Commissioners accepted grant funding totaling $51,000 and approved the appropriate budget revisions for Gates Foundation $48,000, National Endowment for the Humanities $1,000 and Target $2,000.

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

    ACCEPTANCE OF GRANT FUNDING TOTALING $2,500 FOR
    WAKE COUNTY PARKS, RECREATION AND OPEN SPACE INITIATIVES

    Specific Action Approved: The Board of Commissioners accepts grant funding totaling $2,500 and approved the appropriate budget revisions for North Carolina Department of Environment and Natural Resources Grant $1,500 to offset Lake Crabtree’s annual Waterfest event and Cooper Tools Donation $1,000 to Yates Mill County Park.
    ******************

    ACCEPTANCE OF GRANT FUNDING OF $6,059 FROM THE STATE BOARD OF ELECTIONS
    FOR POLLING PLACE ACCESSIBILITY IMPROVEMENTS

    Specific Action Approved: The Board of Commissioners accepted $6,059 in Help America vote Act (HAVA) grant funds from the State Board of Elections and approves the use of these funds for polling place accessibility.

    ******************
    ACCEPTANCE OF GRANT FUNDING OF $27,800 FROM THE
    STATE OF NORTH CAROLINA TO CONTINUE A COUNTYWIDE RADON STUDY

    Specific Action Approved: The Board of Commissioners accepted grant funding from the North Carolina Department of Environmental and Natural Resources in the amount of $27,800 to support Phase III of a multi-phase Countywide Radon study and approved a revision to the FY 2007 budget.
    ******************

    BUDGET AMENDMENT TO THE
    WORKFORCE DEVELOPMENT PROJECT ORDINANCE

    Specific Action Approved: The Board of Commissioners accepted the Workforce Development funding in the amount of $55,312 to the Workforce Development Project Ordinance with the appropriate budget revenues to increase appropriations in the Workforce Development Special Revenue Fund.
    ******************

    APPOINT U.S. BANK AS SUCCESSOR ISSUING AND PAYING AGENT FOR
    COMMERCIAL PAPER BOND ANTICIPATION NOTES DUE TO SALE OF
    WACHOVIA’S CORPORATE TRUST BUSINESS TO U.S. BANK


    Specific Action Approved: The Board of Commissioners adopted the following resolution providing the appointment of a successor issuing and paying agent for general obligation commercial paper bond anticipation notes.
    EXTRACT FROM MINUTES OF MEETING
    BOARD OF COMMISSIONERS OF
    THE COUNTY OF WAKE, NORTH CAROLINA

    The Board of Commissioners for the County of Wake, North Carolina, met in regular session in the Commissioners’ Meeting Room in the Wake County Courthouse in Raleigh, North Carolina, the regular place of meeting, at 2:00 p.m., on August 21, 2006, with Tony Gurley, Chairman, presiding. The following Commissioners were:

    PRESENT: Joe Bryan, Herb Council, Kenn Gardner, Tony Gurley, Phil Jeffreys, Betty Lou Ward, and Harold Webb.
    ABSENT: N/A
    ALSO PRESENT: David Cooke, County Manager, Michael Ferrell, County Attorney and Susan J. Banks, Clerk to the Board.

    * * * * *

    Commissioner Ward introduced the following resolution, a summary of which had been provided to each Commissioner, a copy of which was available with the Clerk to the Board and which was read by title:

    RESOLUTION PROVIDING FOR THE APPOINTMENT OF
    SUCCESSOR ISSUING AND PAYING AGENT FOR
    GENERAL OBLIGATION COMMERCIAL PAPER BOND ANTICIPATION NOTES

    WHEREAS, the County has heretofore authorized a general obligation commercial paper program pursuant to which general obligation commercial paper bond anticipation notes (“CP Notes”) are issued from time to time; and

    WHEREAS, Wachovia Bank, National Association (“Wachovia”) was appointed as the initial Issuing and Paying Agent for the CP Notes, but has subsequently sold this line of business to US Bank, National Association; and Wachovia will no longer able to provide these services after completion of such sale; and

    WHEREAS, the County must at this time approve the appointment of a successor Issuing and Paying Agent for the CP Notes and it is in the County’s best interest at this time to approve the appointment of US Bank, National Association as successor Issuing and Paying Agent for the CP Notes.
    BE IT RESOLVED by the Board of Commissioners (the “Board”) of the County of Wake, North Carolina (the “Issuer”):

    Section 1. The appointment of US Bank, National Association as successor Issuing and Paying Agent is hereby approved.

    Section 2. The Chairman or Vice-Chairman of the Board, the Clerk to the Board, the County Manager, the Finance Director and the other officers of the Issuer are each hereby authorized and directed to execute and deliver for and on behalf of the Issuer any and all statements, certificates, documents or other papers, including, without limitation, a new issuing and paying agent agreement, and to perform any and all acts they may deem necessary or appropriate in order to carry out the intent of this resolution and the matters herein authorized.

    Upon motion of Commissioner Ward, seconded by Vice Chairman Webb, the foregoing resolution entitled: “RESOLUTION PROVIDING FOR THE APPOINTMENT OF SUCCESSOR ISSUING AND PAYING AGENT FOR GENERAL OBLIGATION COMMERCIAL PAPER BOND ANTICIPATION NOTES” was passed by the following vote:

    Ayes: Commissioners_ Joe Bryan, Herb Council, Kenn Gardner, Tony Gurley, Phil Jeffreys, Betty Lou Ward, and Harold Webb.
    Noes: N/A.

    Abstentions: N/A.


    * * * * *
    I, Susan Banks, Clerk to the Board of Commissioners for the County of Wake, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board of Commissioners at a regular meeting held on March 20, 2006, as relates in any way to the passage of a resolution entitled “RESOLUTION PROVIDING FOR THE APPOINTMENT OF SUCCESSOR ISSUING AND PAYING AGENT FOR GENERAL OBLIGATION COMMERCIAL PAPER BOND ANTICIPATION NOTES” and that said proceedings are recorded in Minute Book No. ___ of the minutes of said Board of Commissioners.

    I DO HEREBY FURTHER CERTIFY that the schedule of regular me meetings of said Board of Commissioners has been on file in my office pursuant to North Carolina General Statutes 143-318.12 as of a date not less than seven (7) days before said meeting.

    WITNESS my hand and the corporate seal of said County, this 21st day of August, 2006.
    (SEAL) Clerk to the Board of Commissioners
    for the County of Wake, North Carolina

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



    ACCEPTANCE OF $485,000 IN GRANT FUNDING FROM
    THE DEPARTMENT OF HOMELAND SECURITY BUFFER ZONE PROTECTION PROGRAM
    FOR THE PROTECTION OF CRITICAL INFRASTRUCTURE

    Specific Action Approved: The Board of Commissioners accepted the Department of Homeland Security Buffer Zone Protection Plan Program Grant via the North Carolina Department of Crime Control and Public Safety in the amount of $485,000 with funds to be appropriated for expenditure in the FY 2007 operating budget, and authorized the County Manager to execute the Memorandum of Agreement.

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

    APPROVAL OF RESOLUTION AUTHORIZING FILING OF GRANT APPLICATION CONTRACT
    AND AFFIRMING CASH CONTRIBUTION FOR SHERIFF’S TRAFFIC OBSERVATION
    PATROL TEAM UNDER THE NORTH CAROLINA GOVERNOR’S
    HIGHWAY SAFETY PROGRAM

    Specific Action Approved: The Board of Commissioners approved a resolution authorizing the Sheriff to file an application contract for the Governor’s Highway Safety Program.
    Resolution Authorizing Filing of Grant Application Contract and Affirming Cash Contribution for STOP Team Project under the NC Governor’s Highway Safety Program


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

    NOW, THEREFORE, BE IT RESOLVED by the Wake County Board of Commissioners in open meeting assembled in the Wake County Courthouse in Raleigh, North Carolina this the 21st day of August 2006 as follows:

    1. That the project referenced above is in the best interest of the Board of Commissioners and the general public; and,
    2. That Sheriff Donnie Harrison is hereby authorized to file, on behalf of the Board of Commissioners, an application contract in the form prescribed by the Governor’s Highway Safety Program for federal funding in the amount of $140,946 to be made to the Board of Commissioners to assist in defraying the cost of the project described in the contract application; and,
    3. That the Board of Commissioners has formally appropriated in the FY2006-2007 budget, the cash contribution of $140,946 as required by the project contract; and,
    4. That the project director designated in the application contract shall furnish or make arrangement for other appropriate persons to furnish such information, data, documents, and reports as required by the contract, if approved, or as may be required by the Governor’s Highway Safety Program; and,
    5. That certified copies of this resolution be included as part of the contract referenced above; and,
    6. That this resolution shall take effect immediately upon its adoption.

    Adopted this the 21st day of August 2006.

    ___________________________________
    Tony Gurley, Chairman


    ATTEST:

    ______________________________________
    Susan Banks, Clerk to the Board


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

    AMENDMENT TO SERVICE AGREEMENT WITH EASTERN WAKE EMS
    TO PROVIDE FOR THE USE OF AN AMBULANCE STATION IN THE
    KNIGHTDALE PUBLIC SAFETY BUILDING

    Specific Action Approved: The Board of Commissioners authorized the County Manager to execute an amendment to the current emergency medical services agreement between Wake County and Eastern Wake EMS, Inc., to provide for Eastern Wake EMS, Inc.’s use and maintenance of space and facilities allocated for Wake EMS System use by the Town of Knightdale in its Public Safety facility.
    STATE OF NORTH CAROLINA
    AMENDMENT TO
    AGREEMENT FOR PROVISION
    OF AMBULANCE SERVICE
    COUNTY OF WAKE
    WHEREAS, Wake County (hereinafter “County”) and Eastern Wake EMS,
    Inc. (hereinafter, “Company”) entered into an agreement (hereinafter, “EMS Agreement”) for provision of ambulance service on July 1, 2005; and

    WHEREAS, County subsequently entered into an agreement (hereinafter, “EMS Station Agreement”) with the Town of Knightdale (hereinafter, “Town”) on June 12, 2006, to be effective September 1, 2006 or the date of beneficial occupancy, whichever occurs first, which agreement is attached hereto and incorporated herein as “Exhibit 1”; and

    WHEREAS, the EMS Station Agreement provides for space for an ambulance station as part of Town’s Public Safety Building, located at 949 Steeple Square Court; and further provides in Section 14 of the EMS Station Agreement, “No prior consent of the Town shall be required for assignment of this Agreement or sublet of the EMS Substation… to franchised emergency service providers operating pursuant to a valid contract for service within the County”; and

    WHEREAS, the Company is a franchised emergency services provider operating pursuant to a valid contract for service within the County; and

    WHEREAS, by terms of the EMS Agreement, the Company provides emergency medical services for the County in a general service area that includes the Town, wishes to make use of ambulance-station space as established in the EMS Station Agreement, and is prepared to occupy and use the ambulance station located in the Town’s Public Safety Building in a manner consistent and in full compliance with the terms of the EMS Station Agreement; and

    WHEREAS, the Company is willing to assume the costs of moving into and furnishing and occupying said ambulance-station space (except that computer-network and radio communications equipment under direct control of the County shall be installed and maintained by the County).

    NOW, THEREFORE, County and Company do hereby mutually covenant and agree to amend said agreement for provision of ambulance service as follows:
    Amendment 1
    A. General Provisions

    The term of this Addendum shall be from August 21, 2006 through June 30, 2007, and renewable in the manner set forth in Section 17 of the EMS Agreement.


    B. Use of Ambulance Station in Town of Knightdale Public Safety Facility

    In consideration of County’s authorization of the use of ambulance station space at the Town of Knightdale’s Public Safety Building, located at 949 Steeple Square Court, the Company agrees to occupy and use said ambulance station in a manner consistent and in full compliance with the terms of the EMS Station Agreement; and assume the costs of moving into and furnishing and occupying said ambulance-station space (except that computer-network and radio communications equipment under direct control of the County shall be installed and maintained by the County).

    Dated this 21st day of August, 2006.
    County of Wake: Eastern Wake EMS, Inc.

    By: ________________________

    Date: ______________________

    Title: _______________________
    By: ________________________

    Date: ______________________

    Title: _____________________
    ******************

    CONVALESCENT TRANSPORT AMBULANCE FRANCHISE REQUEST FROM
    EAST CAROLINA MEDICAL TRANSPORT


    Specific Action Approved: The Board of Commissioners approved the first reading of the ambulance franchise for non-emergency convalescent care ambulance service to East Carolina Medical Transport, subject to final approval by the County Manager. (A second reading is required for final approval.)

    ORDINANCE GRANTING FRANCHISE TO EAST CAROLINA MEDICAL TRANSPORT
    FOR OPERATION OF A CONVALESCENT CARE AMBULANCE SERVICE

    WHEREAS, East Carolina Medical Transport, located in Winston-Salem, 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, East Carolina Medical Transport’s franchise request has been reviewed and given preliminary approval by the Director of the Division of Emergency Medical Services of Wake County’s Department of Public Safety; and

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

    NOW, THEREFORE, BE IT ORDAINED, THAT East Carolina Medical Transport 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 East Carolina Medical Transport by the Director of the Emergency Medical Services Division of Wake County’s Department of Public Safety, a copy of which finding shall be maintained in the permanent files of the Clerk to the Board, and, PROVIDED FURTHER, that if East Carolina Medical Transport does not offer the services authorized by this Ordinance, or discontinues the services authorized by this Ordinance during the life of the franchise, then, upon sixty (60) days’ notice by Wake County, the franchise authorized herein shall be declared null and void.

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

    DISPOSITION OF A SURPLUS GAS CHROMATOGRAPH/MASS SPECTROMETER
    THROUGH THE SEALED BID PROCESSS

    Specific Action Approved: The Board of Commissioners authorized the County Manager or his designee, to advertise and accept sealed bids and award the Gas Chromatograph/Mass Spectrometer to get the highest bidder, as allowed by North Carolina General Statute 160A-268.
    ******************

    CONVEYANCE OF AN EASEMENT TO THE RALEIGH DURHAM AIRPORT
    AUTHORITY ON COUNTY-OWNED PROPERTY AT THE WEST REGIONAL LIBRARY

    Specific Action Approved: The Board of Commissioners approved the conveyance of an easement to the Raleigh-Durham Airport Authority for purposes of installing a noise monitoring station on County-owned property at the West Regional Library site on Louis Stephens Drive in Cary, subject to terms and conditions acceptable to the County Attorney.
    ******************

    AWARD OF THREE-YEAR ELEVATOR SERVICE AGREEMENT FOR
    HYDRAULIC ELEVATORS IN MULTIPLE COUNTY FACILITIES TO
    GODWIN ELEVATOR COMPANY FOR $11,976 PER YEAR

    Specific Action Approved: The Board of Commissioners authorized the County Manager to execute a multi-year service agreement for $11,976 per year for three years with Godwin Elevator Company consistent with the bid summary and subject to terms and conditions acceptable to the County Attorney.

    Attachment #1

    Four qualified bidders submitted. See summary below.

    Building
    Schindler
    ThyssenKrupp
    Godwin Elevator
    Elevator Specialist
    16 Hydraulic Elevators Monthly Total
    $1,510.00
    $1,327.00
    $998.00
    $1,525.00
    Annual Total
    $18,120.00
    $15,924.00
    $11,976.00
    $18,300.00
    2 Year Adjustments
    4th Year Annual Price
    $1,585.50
    $1,393.35
    $1,047.90
    $1,601.25
    5th Year Annual Price
    $1,664.78
    $1,463.02
    $1,100.30
    $1,681.31
    5 Year total
    $93,363.30
    $82,048.41
    $61,706.34
    $94,290.75

    The term of the service agreement is: 3-year base, 2-year extension.

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

    TAX REPORT

    Upon motion of Commissioner Ward, seconded by Commissioner Webb, the Board accepted and unanimously approved the tax reports as follows:


    1.Report of Collections – Wake County Only – June 2006
    2.Wake County In-Rem Foreclosure Progress Report – June 2006
    3.Value Adjustments and Special Situations – (Wake County and City of Raleigh), (Wake County Only), (Wake County and Town of Cary)
    4.Consideration of Requests for Adjustments, Rebates and/or Refunds of Penalties: (Wake County and City of Raleigh), (Wake County and Town of Fuquay-Varina), (Wake County and Town of Holly Springs)
    5.Consideration of Refund for Taxes, Interest, and Penalties: (Wake County Only),
    (Wake County and City of Raleigh), (Wake County and Town of Apex), (Wake County and Town of Cary), (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)
    6.Consideration for Release of Penalties and Interest for Wake County Prepared Food and Beverage Taxes: (Wake County Only)
    7.
    Request for Tax Relief-Late Filed Applications: (Wake County and City of Raleigh), (Wake County Only), (Wake County and Town of Cary), (Wake County and Town of Garner)
    8.
    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 Forest and Town of Wendell), (Wake County and Town of Zebulon)


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

    ANNUAL SETTLEMENT OF REVENUE COLLECTOR

    As stipulated in the North Carolina Generate Statute 105-373, the tax collector shall make a sworn report to the governing body of the taxing unit and make a full statement for all taxes (current and prior years) in his hands for collection for the preceding fiscal year.


    Specific Action Approved: The Board of Commissioners accepted the annual tax settlement report and entered it into the minutes of the Board of Commissioners. (A copy of the Annual Settlement of the Revenue Collector is made a part of the record maintained by the Clerk to the Board.)

    ******************
    REGULAR AGENDA ITEMS
    PUBLIC HEARING, ADOPTION OF BOND ORDER, AND
    RESOLUTION CALLING A SCHOOL BOND REFERENDUM

    Mr. David Cooke, County Manager stated that this was last formal step, in the three step process for calling for a bond order. The Board of Commissioners must hold a public hearing and adopt the attached bond order, publish the bond order and pass the following resolution calling for a special bond referendum.

    ORDER AUTHORIZING
    $970,000,000 GENERAL OBLIGATION SCHOOL BONDS

    WHEREAS the Board of Commissioners (the “Board”) for the County of Wake, North Carolina (the “County”) has determined that it is in the best interests of the County to proceed with the authorization of general obligation school bonds in a principal amount not to exceed $970,000,000 to finance, in whole or in part, the acquisition, construction, and equipping of new school facilities and the improvement, renovation or expansion of existing school facilities in Wake County; and

    WHEREAS the Board has determined that said bonds are necessary and expedient, the amount of the proposed general obligation bonds is adequate and not excessive to fund said capital projects, the debt management and the budgetary and fiscal management policies of the County have been carried out in strict compliance with applicable law and the increase in property taxes contemplated to pay the debt service on the bonds is not excessive;

    NOW, THEREFORE, BE IT ORDERED by the Board of Commissioners for the County of Wake, North Carolina:

    1. That, pursuant to The Local Government Bond Act, as amended, the County of Wake, North Carolina, is hereby authorized to contract a debt, in addition to any and all other debt which said County may now or hereafter have power or authority to contract, and in evidence thereof, to issue General Obligation School Bonds in an aggregate principal amount not exceeding $970,000,000 (the “Bonds”), for the purpose of providing funds, together with any other available funds, to finance, in whole or in part, the acquisition, construction, and equipping of new school facilities and the improvement, renovation or expansion of existing school facilities in Wake County.

    2. That taxes shall be levied in an amount sufficient to pay the principal of and the interest on said Bonds.

    3. That a sworn statement of the debt of said County shall be filed with the Clerk to the Board of Commissioners and be open to public inspection.

    4. That this order shall take effect when approved by the voters of said County at a referendum as provided in The Local Government Bond Act, as amended.



    EXTRACT FROM MINUTES OF BOARD OF COMMISSIONERS OF
    THE COUNTY OF WAKE, NORTH CAROLINA

    The Board of Commissioners for the County of Wake, North Carolina, met in regular session in the Commissioners’ Meeting Room in the Wake County Courthouse in Raleigh, North Carolina, the regular place of meeting, at 2:00 p.m., on August 21, 2006, with Tony Gurley, Chairman, presiding. The following Commissioners were:

    PRESENT: Joe Bryan, Herb Council, Kenn Gardner, Phil Jeffreys, Betty Lou Ward and Harold Webb. _______________

    ABSENT:

    ALSO PRESENT: David Cooke, County Manager, Michael Ferrell, County Attorney and Susan

    J. Banks, Clerk to the Board.________ ______

    * * * * *

    The Chairman announced that this was the date and hour fixed by the Board of Commissioners for the public hearing upon the order entitled: “ORDER AUTHORIZING $970,000,000 GENERAL OBLIGATION SCHOOL BONDS” and that the Board of Commissioners would immediately hear anyone who might wish to be heard on the questions of the validity of said order or the advisability of issuing any of said bonds.

    No one appeared, either in person or by attorney, to be heard on the questions of the validity of said order or the advisability of issuing any of said bonds and the Clerk to the Board of Commissioners announced that no written statement relating to said questions had been received.

    Except Patti Head, Chairman of the Wake County Board of Education, residing at 8857 Woody Hill Road, Raleigh, North Carolina, who appeared in person and stated her support of the schools bond.

    All of the foregoing statements were duly considered by the Board of Commissioners. Thereupon, upon motion of Commissioner Bryan, seconded by Commissioner Betty Lou Ward, the order introduced and passed on first reading on July 17, 2006 entitled “ORDER AUTHORIZING $970,000,000 GENERAL OBLIGATION SCHOOL BONDS” was read a second time by title and placed upon its final passage. The vote upon the final passage of said order was:

    Ayes: Commissioners Joe Bryan, Herb Council, Kenn Gardner, Tony Gurley, Betty Lou Ward, and Harold Webb. ___________________________________________________________________

    Noes: Phil Jeffreys.

    The Chairman then announced that the order entitled “ORDER AUTHORIZING $970,000,000 GENERAL OBLIGATION SCHOOL BONDS” had been adopted.

    The Clerk to the Board of Commissioners was thereupon directed to publish said order, together with the appended statement attached thereto as required by The Local Government Bond Act, as amended, once in The News & Observer.

    Thereupon Commissioner Joe Bryan introduced the following resolution, a copy of which had been provided to each Commissioner and which was read by title:


    RESOLUTION CALLING A SPECIAL
    BOND REFERENDUM

    BE IT RESOLVED by the Board of Commissioners for the County of Wake, North Carolina:

    1. This Board hereby calls a special bond referendum with respect to the Bond Order and fixes the date thereof as November 7, 2006.

    2. The Clerk to the Board of Commissioners shall cause a notice of special bond referendum to be published in The News & Observer once at least fourteen days before October 13, 2006 (being the last day on which persons may register for said referendum) and once again not less than seven days before said day.

    3. The form of the question on the ballot shall be as follows:

    Shall the order authorizing up to $970,000,000 of General Obligation School Bonds of Wake County for financing, in whole or in part, the acquisition, construction, and equipping of new school facilities and the improvement, renovation or expansion of existing school facilities in Wake County be approved?

    4. The form of the ballot to be used in the voting machines at said referendum and in the instructions to absentee voters shall be substantially as follows:


    [Form of ballot begins on next page]




    OFFICIAL BALLOT
    SPECIAL BOND REFERENDUM
    COUNTY OF WAKE, NORTH CAROLINA

    November 7, 2006

    Instructions


    1. To vote FOR the bond order, complete the arrow pointing to the right of the word “YES” for the bond order.

    2. To vote AGAINST the bond order, complete the arrow pointing to the right of the word “NO” for the bond order.

    3. If you tear or deface or wrongly mark this ballot, return it and get another.

    [Facsimile of signature]
    John Gilbert, Ph.D.
    Chairman of Wake County Board of Elections,
    North Carolina

    [End of form of Ballot]


    5. The Clerk to the Board shall mail or deliver a certified copy of this resolution to the Wake County Board of Elections within three days after the adoption hereof.

    6. This resolution shall take effect upon its passage.

    Thereupon, upon motion of Commissioner Joe Bryan, seconded by Commissioner Betty Lou Ward, the foregoing resolution entitled: “RESOLUTION CALLING A SPECIAL BOND REFERENDUM” was passed by the following vote:

    Ayes: Commissioners Joe Bryan, Herb Council, Kenn Gardner, Tony Gurley, Betty Lou Ward and Harold Webb. _________________________________________________________


    Noes: Phil Jeffreys______________________________________________________________


    * * * * * * * * * *
    I, Susan Banks, Clerk to the Board of Commissioners for the County of Wake, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board of Commissioners at a regular meeting held on August 21, 2006, as relates in any way to the holding of a public hearing upon a bond order authorizing the issuance of bonds of said County as described in such proceedings, the adoption of said order and the calling of a special bond referendum and that said proceedings are recorded in Minute Book No. ___ of the minutes of said Board of Commissioners, beginning at page ___ and ending at page ___.

    I DO HEREBY FURTHER CERTIFY that I mailed or delivered a certified copy of the resolution passed by said Board on August 21, 2006 entitled: “RESOLUTION CALLING A SPECIAL BOND REFERENDUM” to the Wake County Board of Elections on or before the third day following the passage of said resolution.

    I DO HEREBY FURTHER CERTIFY that the schedule of regular meetings of said Board of Commissioners has been on file in my office pursuant to North Carolina General Statutes 143-318.12 as of a date not less than seven (7) days before said meeting.

    WITNESS my hand and the corporate seal of said County, this 21st day of August, 2006.

    _______________________________________
    Clerk to the Board of Commissioners
    for the County of Wake, North Carolina


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

    PUBLIC HEARING
    PETITION ZP-857-06: PROPOSAL TO REZONE 7.43 ACRES FROM
    HIGHWAY DISTRICT AND CONDITIONAL USE-GENERAL BUSINESS DISTRICT
    TO CONDITIONAL USE-GENERAL BUSINESS DISTRICT

    Mr. Larry Morgan stated this request was for rezoning 7.43 acres from Highway District (HD) and Conditional Use-General Business District (CU-GB) to Conditional Use-General Business District (CU-GB) located at the southwestern quadrant of the intersection of Ten Ten Road and Fayetteville Road within the McCullers Cross Roads community. The applicant is proposing to rezone the property in order to place the entire parcel under CU-GB zoning with the same conditions and to allow for the development of a parking lot to facilitate the existing church use on the property. Mr. Morgan stated the petitioner is Jonathan E. Strouse, Design Firm is Stewart Proctor, PLLC, Engineering and Surveying. The owner is Calvary Baptist Temple.

    Chairman Gurley opened the public hearing. No one spoke. Chairman Gurley closed the public hearing. John Miller, Vice Chairman of the Planning and Zoning Board reported that the Planning Board voted unanimously to support the staff recommendation with the petitioners proposed conditions which will require a site plan approval.
    ORDINANCE AMENDING THE WAKE COUNTY ZONING MAP TO
    REZONE 7.43-ACRES FROM HIGHWAY DISTRICT (HD) and CONDITIONAL USE-
    GENERAL BUSINESS (CU-GB) TO CU- GB

    WHEREAS, the requested proposal is to rezone 7.43-acres from Highway District (HD) and Conditional Use-General Business District (CU-GB) to Conditional Use-General Business District (CU-GB) located at the southwestern quadrant of the intersection of Ten Ten Road and Fayetteville Road within the McCullers Cross Roads community being parcel # 0689.02-87-8532 (ZP-857-06);

    WHEREAS, the petitioner’s conditions allow for offices, clinics, medical or dental laboratories, tourist homes, rooming and boarding houses; retail stores and service establishments (indoor only); churches and other places of worship; child day care centers, and child day care homes;

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

    WHEREAS, the Fuquay-Varina/Garner Area Plan, which is part of the Wake County Land Use Plan, designates this area as a Regional Activity Center (RAC), which includes mixed-use development consisting of churches, retail stores and service establishments, shopping centers, and a mix of commercial uses;

    WHEREAS; the proposed uses comply with the Fuquay-Varina/Garner Area Plan;
    WHEREAS, the proposal complies with the Land Use Plan’s Transitional Urban Development policies (TUDs) regarding the provision of water and sewer services;

    WHEREAS, the proposal complies with the Transitional Urban Development policies (TUDs) regarding the provision of transportation facilities;

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

    WHEREAS, on June 7, 2006 the Wake County Planning Board voted 9-0 to recommend that the Board of Commissioners approve the proposed zoning map amendment with the petitioner’s proposed conditions; and
    WHEREAS, the Wake County Board of Commissioners held a duly-noticed public hearing on August 7, 2006 to consider amending the Zoning Map to rezone the entire area, or part of the area, to the classification requested, or to a more restrictive classification.

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

    The proposed rezoning is found to be consistent with the Fuquay-Varina/Garner Area Plan and otherwise promotes the public health, safety, and general welfare, and the Wake County Zoning Map is hereby amended to rezone the property described above from Highway District (HD) and Conditional Use-General Business District (CU-GB) to Conditional Use-General Business District (CU-GB) (conditions listed below).
    SECTION II

    In making this petition, the owner freely offers the following conditions to be applied to the Conditional Use-General Business district (CU-GB):

    1. Permitted Uses
    Offices, clinics, medical or dental laboratories, tourist homes, rooming and boarding houses; retail stores and service establishments (indoor only); churches and other places of worship; child day care centers, and child day care homes.
    2. Compliance with Transitional Urban Development Policies
    Development on the property will comply with the Land Use Plan’s Transitional Urban Development policies (TUDs), which call for new development within Short-Range Urban Services Areas to be served by centralized or municipal water and sewer service. The property will comply with the TUDs policies that call for new development to provide for the types and levels of transportation facilities that accommodate vehicular, bicycle, pedestrian, and transit needs as required by the land use, parks, and recreation, greenway, open space, and Wake County Thoroughfare Plan and/or the North Carolina Department of Transportation (NCDOT).

    3. Impervious Surface Requirement
    The total impervious surface coverage of the property may exceed 30% of the area of the property only if on-site storm water detention is provided for the runoff in excess of that which would occur with 30 % impervious surface coverage.
    SECTION III

    This amendment shall become effective upon adoption of this ordinance.

    Commissioner Webb made a motion that the above ordinance be adopted. Commissioner Council seconded the motion, and upon vote, the motion carried this 21st day of August 2006.

    This Instrument Approved as to Form
    ____________________ ____________________
    Wake County Attorney Date

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

    PUBLIC HEARING ON PETITION ZP-858-06: PROPOSAL TO REZONE 1.55 ACRES
    FROM RESIDENTIAL-30 TO CONDITIONAL USE-GENERAL BUSINESS

    Mr. Larry Morgan presented the request to rezone 1.55 acres from Residential -30 to Conditional use-General Business. Mr. Morgan stated that the petitioner was Paul Brewer and the owner was HM Enterprises. The request is consistent with the Land Use Plan. The Board discussed the size of the property and concerns were noted about the road right-of-ways being designated to be widened to 120 feet in accordance with the Wake County Thoroughfare Plan. This property has subdivisions on three sides, is outside the watershed and complies with the TUD. The proposal is to designate the property for neighborhood activity center. The petitioner was made aware of certain limitations on the property.

    Ms. Melanie Wilson, Planning Director, stated that this was a parcel based activity center that was determined with the townships of Fuquay-Varina and Garner participating in the process. Lots with this type of designation are typically small. Ms. Wilson stated there was no one opposition to this request stated at the Planning Board meeting. Commissioner Bryan stated that the Planning Board minutes state there were people there that were opposed to this rezoning. Ms. Wilson later stated she had confused two rezonings and there were people that were opposed to this rezoning at the Planning Board meeting.

    Chairman Gurley opened the public hearing. Susan John Jacobsen submitted a letter of concern to the Board. She was concerned about water and sewer in this small area and said it is an odd and awkward intersection. She said all the neighbors are against this rezoning request. Ms. Jacobsen stated she live directly behind the property and was concerned about a possible car wash or gas station opening on this lot. She said they had not been concerned about the vacant lot because they believed it was zoned residential. Ms. Melanie Wilson, Planning Director, stated that this was property that was left over from road changes. There was a piece to the south that was developed by George Williams. Mr. Paul Brewer stated that he lives across the street and they would like to put a nice business on this tract of land. He said this is a conditional use permit and there are restrictions on the uses of the property. Whatever use is decided on, will have to go back to the Planning Board for approval. Chairman Gurley closed the public hearing.

    Mr. John Miller said the Planning Board voted to approve the rezoning request but the critical part is that the site plan will have to come back to the Board for approval.

    Upon motion by Commissioner Jeffreys, seconded by Commissioner Ward, the Board voted five to two to table this item until the September 5, 2006 Board meeting. Commissioners in favor of the motion were: Joe Bryan, Kenn Gardner, Phil Jeffreys, Betty Lou Ward, and Harold Webb. Commissioners opposed to the motion were: Tony Gurley and Herb Council.
    ORDINANCE AMENDING THE WAKE COUNTY ZONING MAP TO
    REZONE 1.55 ACRES FROM RESIDENTIAL-30 (R-30) TO CONDITIONAL USE- GENERAL BUSINESS (CU-GB)

    WHEREAS, the requested proposal is to rezone 1.55 acres from Residential-30 (R-30) to Conditional Use-General Business (CU-GB) located at the southeastern quadrant of Bells Lake Road and Ten Ten Road being parcel # 0770.04-62-4951 (ZP-858-06);

    WHEREAS, the petitioner’s conditions allow for offices, clinics, tourist homes, rooming and boarding houses, group homes, churches and other places of worship, child daycare centers, child daycare homes, indoor retail and service establishments (except for auto-related service uses), vehicle inspection stations, neighborhood convenience stores with gas sales, car washes, and automated teller machines;

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

    WHEREAS, the Fuquay-Varina/Garner Area Plan, which is part of the Wake County Land Use Plan, designates this area as a Neighborhood Activity Center, which is intended to serve as a focal point for the surrounding neighborhoods, providing small-scale retail, social, spiritual, and cultural services;

    WHEREAS; the proposed uses comply with the Fuquay-Varina/Garner Area Plan;


    WHEREAS, the proposal complies with the Land Use Plan’s Transitional Urban Development policies (TUDs) regarding the provision of water and sewer services;

    WHEREAS, the proposal complies with the Transitional Urban Development policies (TUDs) regarding the provision of transportation facilities;

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

    WHEREAS, on June 7, 2006 the Wake County Planning Board voted 9-0 to recommend that the Board of Commissioners approve the proposed zoning map amendment with the petitioner’s proposed conditions; and


    WHEREAS, the Wake County Board of Commissioners held a duly-noticed public hearing on August 7, 2006 to consider amending the Zoning Map to rezone the entire area, or part of the area, to the classification requested, or to a more restrictive classification.

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

    SECTION I

    The proposed rezoning is found to be consistent with the Fuquay-Varina/Garner Area Plan and otherwise promotes the public health, safety, and general welfare, and the Wake County Zoning Map is hereby amended to rezone the property described above from Residential-30 (R-30) to Conditional Use-General Business (CU-GB) (conditions listed below).

    SECTION II

    In making this petition, the owner freely offers the following conditions to be applied to the Conditional Use-General Business district (CU-GB):

    1. Permitted Uses
    Permitted General Uses include offices, clinics, tourist homes, rooming and boarding houses, group homes, churches and other places of worship, child daycare centers, child daycare homes, indoor retail and service establishments (except for auto-related service uses), vehicle inspection stations, neighborhood convenience stores with gas sales, car washes, and automated teller machines.

    2. Impervious Surface Requirement
    The total impervious surface coverage of the property may exceed 30% of the area of the property only if on-site detention of storm water is provided for the runoff in excess of that which would occur with 30 % impervious surface coverage. Other more restrictive County, State, or Federal stormwater regulations may apply.

    3. Compliance with Transitional Urban Development Policies
    Development on the property will comply with the Land Use Plan’s Transitional Urban Development policies (TUDs), which call for new development within Short-Range Urban Services Areas to be served by centralized or municipal water and sewer service. The property will comply with the TUDs policies that call for new development to provide for the types and levels of transportation facilities that accommodate vehicular, bicycle, pedestrian, and transit needs as required by the land use, parks, and recreation, greenway, open space, and Wake County Thoroughfare Plan, and/or the North Carolina Department of Transportation (NCDOT).

    SECTION III

    This amendment shall become effective upon adoption of this ordinance.

    Item was tabled until the September 5, 2006 board meeting.

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

    PUBLIC HEARING TO CONSIDER A BUSINESS INVESTMENT GRANT TO
    RBC CENTURA BANK, INC. AS INDUCEMENT TO LOCATE ITS
    UNITED STATES HEADQUARTERS IN WAKE COUNTY

    Mr. David Cooke, County Manager, stated this process began over two years ago. RBC Centura is considering locating its United States headquarters in Wake County. This new construction will be a new high rise building in Raleigh. The proposed building, estimated to be constructed by January 1, 2009, will add at least $40 million to the County’s tax base. The incentive offered to RBC Centura totals $750,000 paid over a period of three years, one-half by the County and one-half by the City of Raleigh. The City of Raleigh approved the agreement at their August 8, 2006 meeting. The expected revenue from the building equals $250,000 per year. The building will be built and owned by Highwoods 301 Fayetteville Street, LLC, but all incentive payments will be paid to RBC Centura as the primary tenant in the building.

    Chairman Gurley opened the public hearing. No one came forward to speak. Chairman Gurley closed the public hearing.

    Upon motion by Commissioner Ward, seconded by Commissioner Gardner, the Board unanimously voted to approve the payment of up to $375,000 in a business investments grant to RBC Centura, Inc. over a three-year period and authorized the Chairman to sign a contract substantially similar to the one attached hereto (subject to final approval of terms by County Attorney).

    GRANT AGREEMENT

    This Grant Agreement (the “Agreement”) is made and entered into as of the _____ day of __________, 2006, by and between RBC CENTURA BANKS, INC., a ___________________ corporation (hereinafter referred to as the “Corporation”), whose principal address is 3201 Beechleaf Court, Raleigh, North Carolina 27604, HIGHWOODS 301 FAYETTEVILLE ST., LLC, a Delaware limited liability company (“Developer”), WAKE COUNTY, NORTH CAROLINA, a body politic and corporate and political subdivision of the State of North Carolina (the “County”) and the CITY OF RALEIGH, a North Carolina municipality (hereinafter referred to as the “City”). The County, City and the Corporation may from time to time hereinafter be referred to individually as a “Party” and collectively as the “Parties.”

    WITNESSETH:
    WHEREAS, the “Local Development Act of 1925”, as amended, (Article 1, Chapter 158 of North Carolina General Statutes) grants cities and counties the authority to make appropriations for the purposes of aiding and encouraging the location/expansion of certain business enterprises in the city and/or county or for other purposes which the governing body finds, in its discretion, will increase the population, taxable property base and business prospects of the city and/or county; and

    WHEREAS, N.C.G.S. 158-7.1(b) lists specific economic development activities which a city and/or county may undertake, which list is not exclusive; and

    WHEREAS, the Corporation is relocating its United States headquarters operations to a facility to be constructed at 301 Fayetteville Street; and

    WHEREAS, the Corporation will enter into a Lease requiring Developer to make or cause to be made real property improvements at said location which will require site improvements, construction of buildings, and installation of additional machinery and equipment, collectively referred to herein as “Facilities” to accommodate the Corporation’s operations and for other uses; and

    WHEREAS, the Board of Commissioners of the County has determined, following a public hearing on August 21, 2006, that the proposed activity by Developer and the Corporation will tend to increase the population, taxable property base and business prospects of the County, and will encourage the Corporation to relocate in the area, and that it is in the public interest to provide assistance, as authorized by N.C.G.S. 158-7.1; and

    WHEREAS, the City Council of the City has determined, following a public hearing on August 8, 2006, that the proposed activity by Developer and the Corporation will tend to increase the population, taxable property base and business prospects of the City, and will encourage the Corporation to relocate in the area, and that it is in the public interest to provide assistance, as authorized by N.C.G.S. 158-7.1; and

    WHEREAS, the grant payments by the County will be combined with other economic incentives being offered by the City; and

    WHEREAS, the County Board of Commissioners and the City Council finds that the consideration the County and City will receive, based on prospective tax revenues to be generated over the term of this agreement will exceed the amount of the grant offered herein; and

    WHEREAS, N.C.G.S. 153A-449 authorizes the County to contract with and appropriate money to any person, association, or corporation in order to carry out the public purpose that the County is authorized by law to engage in; and

    WHEREAS, N.C.G.S. 160A-21 authorizes the City to contract with and appropriate money to any person, association, or corporation in order to carry out the public purpose that the City is authorized by law to engage in.

    NOW, THEREFORE, in consideration of the promises and other considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

    1. Real Estate Purchase, Construction/Renovation, and Machinery and Equipment Acquisition: The Corporation shall cause Developer to construct the Facilities in which the Company’s United States headquarters will be located, and shall produce deed, title and/or other legal instruments showing proof of ownership of the Facilities by Developer; documentation for improvements which have been made to the real estate; and, receipts showing proof of acquisitions of machinery and equipment for the Facilities by the Company and/or Developer, for the purpose of operating the Corporation’s United States headquarters. Such premises to be improved in accordance with the following:

    2. Performance By Corporation: This Agreement and the expenditure of City and County funds is expressly contingent upon Developer and the Corporation achieving certain performance requirements and within the time period set forth herein. These requirements are set out below.
    3. Investment in Real Estate Improvements and Equipment: It is estimated that the improvements to the property and installation of machinery and equipment shall be in excess of Forty Million and No/100 Dollars ($40,000,000.00) and shall have occurred on or before January 1, 2009. Calculations in this agreement are based upon a Forty Million and No/100 Dollars investment ($40,000,000.00) and are subject to change based on the final total investment, depreciation and valuations performed by the Wake County Tax Assessor. Developer makes no representation or covenant as to the ultimate value of the investment.

    a. Use: The improvements shall be made to accommodate the intended purpose as follows: United States headquarters for the Corporation. The Corporation shall have executed a lease, in a form reasonably satisfactory to the City and County, to occupy at least ____________ percent (___%) of the leasable portion of the office space component of the Facilities for a period of not less than ten (10) years, and shall actually have occupied said space.

    b. Payment of Taxes: The City and County must receive confirmation from the Wake County Tax Assessor’s Office that the all taxes due and payable on the assessed value of the Facilities have been paid

    4. Documentation from the Corporation: In connection with each request for The City and County acknowledge that some or all of the information made available by Developer or the Corporation to the City and/or County pursuant to this section may be considered “Trade Secrets” pursuant to North Carolina General Statutes 132-1.2 and that any such information is proprietary. All information made available to the City and/or County pursuant to this section and designated by Developer or the Corporation as a trade secret shall, to the extent allowed by State law, be held as confidential. The City and/or County shall, if it receives a request for disclosure of any such information, notify Developer or the Corporation, as applicable, of such request so that Developer or the Corporation, as applicable, may defend any claims or disputes arising from efforts of others to cause such trade secrets to be disclosed as a public record.
    Developer and the Corporation acknowledge that they have been informed by the City and County that the City and County are required by law, upon request, to disclose “Public Records” as the term is defined by North Carolina General Statutes 132-1. All information disclosed to the City and/or County by Developer or the Corporation which is subject to that definition and whose disclosure is not otherwise protected by law will be released by the City and/or County upon request as provided by North Carolina General Statutes 132-6. The City and County may withhold from disclosure confidential records as defined by North Carolina General Statutes 132-1.2. Developer and the Corporation acknowledge that they have read and are familiar with the City and County’s obligations of public disclosure of documents and the definitions of confidential documents as contained in Chapter 132 of the North Carolina General Statutes. In order to prevent the disclosure of the confidentiality of information identified by Developer or the Corporation as a trade secret or confidential pursuant to North Carolina General Statute 132.1.2 the City and County shall, if either receives a request for disclosure of such information, notify the Developer or Corporation, as applicable, of such request so that Developer or the Corporation, as applicable, may defend any claims or disputes arising from efforts of others to cause such trade secrets to be disclosed as a public record. Developer and the Corporation acknowledge that this disclosure of the City and County’s public records requirements is given pursuant to North Carolina General Statutes 132-1.8(b) and agree that such disclosure is full and sufficient to the satisfaction of Developer and the Corporation.
    5. Payment of Grant:

    b. Once the Corporation, itself or through Developer, has met the performance requirements set forth in Section 2 and has submitted the required documentation under Section 4, the Corporation shall be eligible to receive the grant payments described herein. The grant payments shall begin in 2010 provided that the taxable property base of the personal property and improvements to real property of the Facilities as determined by the Wake County Tax Assessor is at least Forty Million and No/100 Dollars ($40,000,000.00) as of January 1, 2009. (Otherwise the grant payments shall begin the year after the taxable property base of the personal property and improvement to real property of the Facilities as determined by the Wake County Tax Assessor first exceeds Forty Million and No/100 Dollars ($40,000,000.00). The exact date of payment during the year shall be at the discretion of the City and County but shall be made during the period of January 1 through March 31 each year of the grant. It is understood by all parties that Developer has submitted an application with the State of North Carolina for a brownsfield agreement on the land on which the Facilities will be located, and a brownsfield designation on such land may result in a delay in the collection of taxes based upon the contemplated tax base and a delay in the receipt of the grant payments.
    c. The amount of the grant payment to be paid by the City and County to the Corporation shall be Seven Hundred Fifty Thousand and No/100 Dollars ($750,000.00), payable in equal annual installments over a period of three years, with the City and County each paying One Hundred Twenty-Five Thousand and No/100 Dollars ($125,000.00) per year, subject to the following limitation: in no event shall the grant amount paid by the City and/or County in any calendar year exceed the amount of ad valorem taxes paid to either on the assessed value of the Facilities in that calendar year.

    d. Grant payments are to be made payable to the Corporation and mailed directly to ______________________________; or at such other address as shall be provided to the City and County in writing.
    6. Amendments to Agreement: This Agreement can be modified or amended only with the mutual written consent of both parties.

    7. Parties. This Agreement shall be binding upon and shall inure to the benefit of the parties and their heirs and successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate.

    8. Entire Agreement: This Agreement contains the entire agreement of the parties and there are no other representations, inducements, or other provisions other than those expressed in this writing. All changes, additions, or deletions hereto must be in writing and signed by all parties.

    It is specifically understood and agreed that the Corporation will be subject to applicable City and County ordinances, policies, procedures, and other regulations.
    9. Laws of North Carolina to Control This Agreement: The parties agree that this Agreement is to be controlled by the laws of the State of North Carolina. The provisions of this agreement will be upheld by the City and County to the extent allowed by North Carolina law. The City and County will be held harmless to any provisions of this agreement deemed illegal in a North Carolina court of law.
    10. Jurisdiction: Any controversy or claim arising out of this Agreement shall be settled by an action initiated in the appropriate division of the General Court of Justice in Wake County, North Carolina.
    11. Assignment: The Corporation may assign all or part of its rights and/or obligations under this Agreement to one or more affiliates designated by the Corporation.

    IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be fully executed as of the date and year first above written.

    Name:
    Title:
    ATTEST:

    ______________________ By:
    Clerk Tony C. Gurley
    Chairman ATTEST:

    ______________________ By:
    Clerk Charles C. Meeker
    Mayor

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

    REQUEST FOR AMENDMENT OF CONSTRUCTION AND DEMOLITION DEBRIS
    LANDFILL FRANCHISE FOR SHOTWELL LANDFILL, INC.

    Mr. Michael Ferrell, County Attorney, stated that Shotwell Landfill, Inc. has filed an application to amend its franchise to operate a construction and demolition debris (C&D) landfill within the County. The current franchise and special use permit limits the service area of the landfill to five townships within the county and to a specific limited footprint. This application request that the service area be expanded to include all of Wake and Johnston Counties and that the allowable disposal footprint area be expanded. This application involves a land use change and requires and amendment to the special use permit allowing the landfill.

    Shotwell applied to the Board of Adjustment for an amendment to its special use permit, and on July 11, 2006, the Board of Adjustment approved an amendment to Shotwell’s special use permit that increased the allowable disposal area of the landfill and the permitted service area.

    The Wake County C&D landfill ordinance, enacted by the Board on September 7, 1999, provides that once a special use permit allowing a C&D landfill is granted by the Board of Adjustment, an applicant shall be granted a franchise by the Board of Commissioners once the applicant provides certain information to the Board.

    The C&D franchise ordinance provides that the Board of Commissioners may, but is not required to, hold a public hearing on the granting (in this case amending) of a C&D landfill franchise. Granting of this franchise amendment requires two separate readings by the Board.

    Commissioner Council motioned, seconded by Commissioner Ward, and the Board voted to approve the first reading of the request to amend the construction and demolition debris landfill franchise issued to Shotwell Landfill, Inc. and approve the Resolution Amending Ordinance Issuing Franchise. The motion passed with a six to one vote. Commissioner Gardner opposed the motion stating that the Board needs to see an assessment of the environmental impact these changes may have on the Marks Creek open space project.

    Commissioner Bryan then motioned, seconded by Commissioner Gurley, for reconsideration of the motion just passed approving the first reading of the amendment of the Shotwell Landfill Franchise. This motion of reconsideration passed with a five to two vote. Commissioners in favor of the reconsideration motion were: Joe Bryan, Herb Council, Kenn Gardner, Tony Gurley, and Harold Webb. Commissioners opposed to this motion were: Phil Jeffreys and Betty Lou Ward.

    Commissioner Bryan motioned to approve the first reading of the Resolution amending the ordinance issuing the franchise to Shotwell Landfill, Inc. for operation of a construction and demolition debris landfill; and further, to hold a public hearing prior to the second reading of this franchise amendment and for staff to provide an assessment of the impact of this change on the Marks Creek project area. This motion passed with a six to one vote. Commissioners in favor of motion were Joe Bryan, Herb Council, Kenn Gardner, Tony Gurley, Betty Lou Ward, Harold Webb. Commissioner opposed to this motion was Phil Jeffreys.

    RESOLUTION AMENDING ORDINANCE ISSUING FRANCHISE TO SHOTWELL
    LANDFILL, INC. FOR OPERATION OF A CONSTRUCTION AND DEMOLITION
    DEBRIS LANDFILL

    WHEREAS, Shotwell Landfill, Inc. is the current holder of a franchise to operate a construction debris landfill in Wake County (the “Shotwell C&D Landfill”) which franchise was reaffirmed by this Board on March 21, 2005;

    WHEREAS, the existing franchise allows the Shotwell C&D Landfill to service five townships within WWAke County some abutting the Johnston County line;

    WHEREAS, to accommodate the growing construction in and around Wake County, including public school construction, Shotwell Landfill, Inc. wishes to expand its service area to include all of Wake and Johnston Counties;

    WHEREAS, it is in the best interests of Wake County that the area served by the Shotwell C&D Landfill and the landfill footprint be expanded to accommodate the growing construction activity in our area so long as that expansion complies with Wake County zoning regulations and North Carolina environmental regulations; and

    WHEREAS, on July 11, 2006, the Wake County Board of Adjustment granted Shotwell Landfill, Inc.’s application to modify its special use permit to expand the Shotwell C&D Landfill as shown on Exhibit A.

    NOW, THEFORE, BE IT ORDAINED THAT:

    Section 1. The franchise to operate a C&D Landfill previously issued to Shotwell Landfill, Inc. is reissued on the following terms.

    Section 2. The franchise shall be for operation of a C&D Landfill in the expanded area outlined in the facility plan drawing attached as Exhibit A;

    Section 3. The geographic area and population to be served shall be all of Wake and Johnston Counties and the population therein which is currently estimated to number approximately 900,000. Over the extended life of the Shotwell C&D Landfill as proposed, the population of these two counties is expected to nearly double to 1,700,000.

    Section 4. The volume and characteristics of the waste stream to be accepted at the Shotwell C&D Landfill shall be as currently permitted, that is 91,250 tons per year of waste materials having the characteristics of items permitted in demolition landfills, as defined in 15A NCAC 13B.0101(4).

    Section 5. The useful life of the Shotwell C&D Landfill with expanded footprint for which a franchise is granted herein is projected to be 55.8 years estimated from May 2006.

    Section 6. Shotwell Landfill, Inc. shall provide documentation reasonably required by the County to ascertain compliance with the terms of the franchise as amended.

    Section 7. This ordinance is effective upon its second reading by the Wake County Board of Commissioners. (The second reading is scheduled for September 5, 2006.)



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

    CONSIDERATION OF COMMUNITY CAPITAL FUNDING AND DONATION OF PROCEEDS
    FROM THE DISPOSITION OF SURPLUS COUNTY-OWNED INTERACT

    Mr. David Cooke stated that the Interact program is currently working on a fund raising capital campaign for $5 million to expand their current shelter capacity from 18 beds to 50 beds and consolidate their administrative and shelter operations. The request is for $750,000 from Wake County including these two components:
    1) the donation of proceeds from the sale of Interact’s existing shelter property, which the county owns; and,
    2) a supplemental allocation from the Community Capital Projects Fund.
    The two components together will provide the $750,000. A recent appraisal of the property estimates the value at $565,000, assuming the County completes approximately $70,000 in improvements. The Board has received letters of support from the City of Raleigh, and the Towns of Wendell, Cary, and Gardner.
    Adam Hartsell, Director of Interact, reported they served over 28,000 people last year. He expressed their pressing need to expand the services.

    Upon motion by Vice Chairman Webb, seconded by Commissioner Ward, the Board unanimously voted to:

    1) Approve and authorize the sale of the Interact shelter property subject to terms and conditions acceptable to the County Attorney.
    2) Authorize the Chairman to execute a deed on behalf of Wake County for the sale of the Interact shelter property.
    3) Consider donating the proceeds from the sale to Interact for use in purchasing a larger shelter facility.
    4) Consider allocating up to $255,000 in Community Capital funding to Interact and authorizing the County Manager to enter into a Memorandum of Agreement with Interact.
    ******************

    STATE FUNDING TO SUPPORT SYSTEM OF
    CARE COORDINATION FOR CHILDREN AND FAMILIES

    Mr. Bob Sorrels informed the Board that the County had received additional funding from the State that are earmarked for a position. This is a coordinated system of care for high risk children. This staff person would coordinate with service providers and determine the services needed for each child.

    Upon motion by Commissioner Ward, seconded by Vice Chairman Webb, the Board unanimously voted to accept the $66,667 in recurring funding from the North Carolina Division of Mental Health/Development Disability and Substance Abuse Services to fund a new 1.0 FTE Human Services Clinician position.
    ******************

    NONPROFIT MULTI-FAMILY HOUSING DEVELOPMENT LOAN RECOMMENDATION

    Ms. Annemarie Maiorano reported that the County and City of Raleigh received a grant for affordable housing development in February 2006. She provided the proposals received by HCR with funding requests totaling $2,544,821.

    ApplicantDevelopmentUnitsFunding Request
    Habitat for Humanity of Wake County, Inc.Dowling Ridge
    36
    $ 720,000
    CASA, Inc.Crest Commons
    19
    $ 415,366
    CASA, Inc.Hope Crest
    10
    $ 255,148
    The Serving Cup, Inc.Green Level Rd. Apartments
    6
    $ 150,000
    DHIC, Inc.Lennox Chase II
    30
    $ 250,000
    White Oak Foundation, Inc.White Oak Commons
    7
    $ 754,307
    Total
    119
    $2,544,821

    The Housing Committee of the Human Services Board reviewed the proposals using the following criteria:

    Design and neighborhood compatibility
    Developer experience
    Financial feasibility, leveraging and market
    Supportive services plan (if applicable)

    The housing committee recommended a grant of $415,366 to Community Alternatives for Supportive Abodes (CASA) for Crest Commons Apartments. The complex is located at the intersection of Varsity and Crest Streets near NC State’s Centennial Campus in Raleigh. This development will add 19 units of housing affordable to low-income persons earning less than $20,000/year. CASA, Inc. has a good track record for developing affordable housing. The Wake County per unit subsidy is $21,861, and the grant will secure the property so that it will remain affordable over a 30-year period.

    Upon motion by Commissioner Council, seconded by Commissioner Bryan, the Board unanimously voted to approve the grant of $415,366 to CASA, Inc. for Crest Commons Apartments.
    ******************

    DISPOSITION OF SURPLUS WAKE COUNTY OWNED REHABILITATION
    LOAN PROGRAM RESIDENCE LOCATED AT 3808 JONESVILLE ROAD
    IN WAKE FOREST

    Mr. Mike Aull reported that in 1995, Wake County Housing and Community Revitalization Rehabilitation Loan Program provided $51,046 for repairs and improvements to a dwelling located at 3808 Jonesville Road near Wake Forest. As a condition of the loan, the owner signed a Deed of Trust and Promissory Note setting forth the terms and conditions of repayment to the County over a 30 year term. In addition to the County's mortgage on this property, there was an existing first mortgage held by First Citizens Bank and Trust Co. In November 2005, First Citizens held a foreclosure sale on the property due to non-payment of the first mortgage by the owner. A bid was submitted by the County at the foreclosure sale in the amount of $52,890 for the purchase of the property in order to protect the County's interest. This was the highest offer received at the sale so therefore the property was subsequently conveyed to the County in January 2006 free and clear of the first mortgage. Based upon the $52,890 paid at foreclosure, the current loan balance in the amount of $55,513 (includes accrued interest and late fees on the loan) and additional expenses incurred, the County currently has approximately $114,116 invested in the property.

    The property has been listed with a local realtor and marketed for sale for the last 2 months. The County has received several offers to purchase the property and staff anticipates additional offers to be submitted prior to the August 21 meeting.

    Offers received:

    Landy Kantum July 18, 2006 $69,900 Conditioned upon loan approval
    Nixon Zaldivar August 15, 2006 $64,900 Cash offer
    CB Advantage July 13, 2006 $64,900 Cash offer


    The highest non-conditional offer currently submitted is in the amount of $64,900. The house contains approximately 1,600 square feet and is located on a 0.44-acre lot. A Uniform Residential Appraisal Report prepared in May 2006 indicates a value of $63,000 for the property. The property has been through the upset bid process. Staff offered a recommendation that the property be declared surplus and sold.

    Commissioners discussed a desire to prevent this type of situation from occurring again. The loan was made in good faith and the people living in the home did not take care of the property according to the report.

    Upon motion by Commissioner Council, seconded by Vice Chairman Webb, the Board unanimously voted to declare the property located at 3808 Jonesville Road, Wake Forest, NC (Tax ID# 0041301) as surplus property; and further, to accept the highest offer submitted for the purchase of the property located at 3808 Jonesville Road, Wake Forest, NC (Wake County Tax ID#0041301) subject to the requirements of North Carolina General Statute 160A-269, and terms and conditions acceptable to the County Attorney.
    ******************

    DOWN PAYMENT ASSISTANCE LOAN SETTLEMENT

    Ms. Annemarie Maiorano stated that Aaron Dunn received a Down Payment Assistance loan of $4,000 from Wake County in 1999 through the County’s Housing and Community Revitalization program. The current balance on this loan is $3,223.92. Due to a serious illness, Mr. Dunn has become disabled and can no longer work. His disability income does not support his current expenses. He is having financial difficulty and is delinquent on his 1st mortgage loan payments with Midland Mortgage. Midland Mortgage is working with Mr. Dunn on a pre-foreclosure sale on the property.

    Summary of events:
    Purchase price in 1999: $96,900
    Appraised price in 1999: $98,000
    Mr. Dunn filed for bankruptcy on May 12, 2003
    Bankruptcy dismissed on April 13, 2005
    Original 1st mortgage loan modified by Midland Mortgage Co. in July 2005
    Current appraised value for the property: $110,000.
    Current Payoff for Midland Mortgage: $136,000
    As a result of late payments and fees associated with his first mortgage, Mr. Dunn’s indebtedness on the property exceeds its value. Because of this Midland Mortgage has asked Wake County to consider accepting less than the full repayment on its loan, depending upon the amount of the offer to purchase. Currently, only the Board of Commissioners can accept a pay off amount that is less than the outstanding balance on the loan. Designating this authority to the County Manager will expedite the sales process. Also, if Midland Mortgage Co. forecloses on the property, the County will not receive any repayment.

    Upon motion by Commissioner Ward, seconded by Commissioner Bryan, the Board unanimously voted to authorize the County Manager to negotiate the repayment for an outstanding Wake County Down Payment Assistance loan.

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

    LAND ACQUISITION FOR A NEW ELEMENTARY SCHOOL
    IN NORTHWEST RALEIGH

    Mr. David Cooke presented the resolution for a new elementary school in Northwest Raleigh. The County will purchase the land using bond proceeds. The County is partnering with the City of Raleigh on this property for a future neighborhood park on excess acreage remaining following the planning for the proposed elementary school. He expects a price resolution with owner considering the roadway access. The property has been tested and is suitable site for soil and some retaining wells. He stated this is the first reading of this item and the second reading will be held at the next meeting. Maps were provided for the Board’s review. For the neighborhood park there will be offsite improvements for the road access with an estimated cost of $240,000. Underground utilities will have to be addressed and they may look at sharing infrastructure with the City of Raleigh.
    RESOLUTION R06-xx

    APPROVAL OF LAND ACQUISITION FOR NEW SCHOOLS

    WHEREAS, the Wake County Board of Education is engaged in a Long Range Building Program; and,
    WHEREAS, the Wake County Board of Commissioners has approved certain projects for new schools as part of the schools capital building program, and land will need to be acquired for their construction; and,

    WHEREAS, the Wake County Board of Education has duly requested, through a resolution adopted February 7, 2006, that the Board of Commissioners approve the acquisition of land for an elementary school in northwest Raleigh (E-24).
    NOW, THEREFORE, BE IT RESOLVED that the Wake County Board of Commissioners hereby authorizes the following:
    The Board of Education acquire 33.91 acres of land, (including properties Pin # 0778851532, Pin # 0778952390 and Pin # 0778851024) in northwest Raleigh at a price of $103,215 per acre estimated to total $3,500,000 for an elementary school (E- 24); and other mutually agreeable public uses.
    Authorize staff to finalize an Inter-Local Agreement for approval by the Board of Education, Board of Commissioners and City of Raleigh for master planning and the division of the property into two tracts; the division shall be based upon a master plan jointly prepared by the County, School System and City of Raleigh; It is tentatively contemplated that the division would include approximately 18-22 acres for an elementary school and 11-15 acres for a City Park. The City of Raleigh will pay the Board of Education a mutually agreed upon price not to exceed $103,215 for the City portion. The tracts will be separately titled between the City of Raleigh and Board of Education after approval of the master plan by the two Boards and City Council.

    Adopted this the __th day of ___________, 2006.

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

    EXTENSION OF DEADLINE FOR ENTERING INTO THE
    LONG-TERM SOLID WASTE DISPOSAL INTERLOCAL AGREEMENT

    Mr. David Cooke reported that the deadline for being in the partnership in the Long-Term Solid Waste Disposal Interlocal Agreement had been extended because the Town of Cary had expressed an interest in being a partner. Chairman Gurley noted that the same opportunity was also offered to Holly Springs but the County had received no response.

    Upon motion by Vice Chairman Webb, seconded by Commissioner Ward, the Board voted unanimously to extend the deadline for Wake County municipalities to agree to enter into the Long-Term Solid Waste Disposal Interlocal Agreement from June 30, 2006 to August 21, 2006.
    INTERL0OCAL AGREEMENT

    This Interlocal Agreement is dated as of ___________, 2005, among APEX, NORTH CAROLINA (“Apex”); CARY, NORTH CAROLINA (“Cary”); FUQUAY-VARINA, NORTH CAROLINA (“Fuquay-Varina”); GARNER, NORTH CAROLINA (“Garner”); HOLLY SPRINGS, NORTH CAROLINA (“Holly Springs”); KNIGHTDALE, NORTH CAROLINA (“Knightdale”); MORRISVILLE, NORTH CAROLINA (“Morrisville”); RALEIGH, NORTH CAROLINA (“Raleigh”); ROLESVILLE, NORTH CAROLINA (“Rolesville”); WAKE FOREST, NORTH CAROLINA (“Wake Forest”); WENDELL, NORTH CAROLINA (“Wendell”); ZEBULON, NORTH CAROLINA (“Zebulon”); all of the above being municipal corporations and public bodies politic of the State of North Carolina; and WAKE COUNTY, NORTH CAROLINA (the “County” or “Wake”), a public body politic and corporate of the State of North Carolina.

    RECITALS:

    WHEREAS, the Parties intend to establish a long-term solution to solid waste disposal needs by the cooperative management of a new South Wake Landfill (the “Landfill”) that will serve both the Municipalities and the County; and

    WHEREAS, the intent of this agreement is to establish a joint undertaking (the Interlocal Solid Waste Management System) whereby the Parties agree to share the economic benefits and responsibilities involved in securing an economical 25 year public landfill solution to their Municipal Solid Waste (MSW) disposal needs; and

    WHEREAS, Wake County currently owns the South Wake Landfill property and permit, but unincorporated areas of Wake County alone do not generate a sufficient amount of Municipal Solid Waste to justify the County’s construction and operation of the South Wake Landfill; and

    WHEREAS, the Parties desire to enter into this Agreement pursuant to the statutory authority authorizing interlocal agreements, N.C.G.S. 160A-460 to 160A-464, in order to pursue the above stated goals.

    NOW THEREFORE, for and in consideration of the mutual promises and covenants contained in this Agreement, the sufficiency of which is hereby acknowledged, the Parties agree as follows:
    ARTICLE I
    Definitions

    1.01. Definitions. For all purposes of this Agreement, unless the context requires otherwise, the following terms shall have the following meanings:

    “Agreement” means this Interlocal Agreement.

    “Commercial Solid Waste: means non-residential municipal solid waste that does not pass through a Party’s solid waste system.

    “Facility” or “Disposal Facility” means the South Wake Landfill and its related improvements and structures (roads, water and sewer lines, scale houses, administration buildings, and transfer stations). For purposes of determining the cost of providing and operating the disposal facility, the term “facility” includes the Parties’ solid waste management programs providing services specified in G.S. 130A-309.04(a) of the Solid Waste Management Act of 1989.

    “Interlocal Solid Waste Management System” or “System” means the collaborative effort being undertaken by the Parties to this Agreement. It includes the Disposal Facility and other facilities and programs as the Parties may incorporate into the System in accordance with such Agreement.

    “Landfill” means the South Wake Landfill, more specifically described and identified in NCDENR Permit #92-22.

    “Municipal Solid Waste” (MSW) is waste that may be disposed of in the South Wake Landfill and is defined in G.S. 130A-290.

    “Residential Municipal Solid Waste: means municipal solid waste from residences and households that passes through a Party’s solid waste collection/disposal system.

    “Commercial Municipal Sold Waste” means non-residential MSW and other solid waste that passes through a Party’s solid waste collection/disposal system.

    “Party” or “Parties” means either a municipality or the county, as the context or the usage of such term may require, which is a signatory to this Interlocal Agreement.

    “Solid Waste Advisory Committee” (SWAC) means the Wake County Solid Waste Advisory Committee established by action of the County Board of Commissioners Resolution R-90-05.

    “State” means the State of North Carolina and all of its appropriate administrative, contracting and regulatory agencies and offices.
    ARTICLE II
    PURPOSE AND STRUCTURE

    2.01. Purpose. The Parties agree to pool their MSW waste streams for disposal in the South Wake Landfill in return for improved economy and predictability in waste disposal costs during the Landfill’s proposed 25-year operation and for participation in the System so that further economies can be implemented in the future.

    2.02. Roles and Responsibilities of the Parties. All Parties agree to arrange to dispose of all of their jurisdiction’s Residential Municipal Solid Waste and Commercial Municipal Solid Waste at the South Wake Landfill as soon as the Landfill opens until the end of the term specified in this Agreement.

    (a) No volume guarantees are required.
    (b) Parties agree to continue their MSW collection services, to provide such services to newly annexed property, and to continue to encourage sound solid waste management practices.
    (c) All Parties who provide transfer station services must provide those services to all other Parties, subject to transfer station facility capacity, at rates and under conditions that provide the same benefits as enjoyed by the Party providing the services.

    2.03. Rights and Privileges of the Parties. The County will set tipping fees at the Landfill at rates that encourage appropriate landfill use. In setting the fees, the County will consider, at a minimum, fees at other landfills in the area, the costs of other solid waste management programs under the Solid Waste Act of 1989, and the recommendation of the Parties to this Agreement. Net revenues derived from the Landfill will be distributed among the Parties in accordance with Section 3.04 of this Agreement.

    2.04. Liabilities of the Parties.
    (a) Environmental remediation. The Parties agree to joint environmental liability for the South Wake Landfill in accordance with this section. To the extend that the cost of remediation exceeds insurance proceeds and the amount of the Environmental Remediation account in the Wake County Solid Waste Enterprise Fund, the Parties agree to contribute to remediation costs based on their proportionate usage of the landfill from the landfill opening date until the date when remediation begins.
    (b) Each Party also agrees to indemnify all other for any damages resulting from violations of the Parties’ agreement to spend net revenue funds for any purpose other than solid waste management in accordance with G.S. 130A-309.04(a).

    2.05 Designation of County as Lead Agency for Matters Related to South Wake Landfill. The Parties agree that the Count is the entity to negotiate with Contractor(s) constructing and operating the South Wake Landfill and to monitor construction, operation, closure and post-closure.
    ARTICLE III
    FINANCING THE SYSTEM; APPORTIONMENT OF COST AND REVENUES

    3.01 South Wake Landfill Operations Costs. The County has expended significant funds to purchase land for the South Wake Landfill, obtain a permit for the landfill, and defend the permit against legal challenges. The County will not seek reimbursement for these costs. The Parties anticipate that the South Wake Landfill Construction and Operation Contractor(s) will charge a per ton solid waste disposal fee to the County for construction and operation of the Landfill (“Contractor’s Disposal Fee.”)

    This Contractor’s Disposal Fee will be included in the landfill tipping fees for all users of the Landfill. Other costs to the county directly arising from operation or monitoring of the landfill (including building and operating the landfill scale house and billing/collections for the landfill) will also be included in the landfill tipping fees.

    3.02 County Solid Waste Program Charges. The County currently uses Landfill tipping fees to defray costs attributable to portions of the County’s solid Waste program (County Program Charges) other than the Landfill. This Agreement currently contemplates no County Program Charges will be included in the Municipal Solid Waste Landfill Tipping Fee. The Parties to this Agreement may recommend to the County the nature and amount of County Program Charges to be included in the Landfill Tipping Fees in the future. Allowed County Program Costs will be included in Landfill Tipping Fees and will be a component of the operations costs of the Interlocal Solid Waste Management System (System Operations Cost).

    3.03 Other Costs Which May Be Included in the Operations Cost of the Interlocal Solid Waste Management System (System Operations Cost):
    (a) Any debt service, financing, construction and operating costs associated with structures or programs supporting the System that the Parties agree to assume for the overall benefit of the System may be included in System Operations Cost.
    (b) Any fees lawfully imposed on Landfill operations, other than penalties imposed on the Contractor(s) for improper operation of the Landfill, will be included in the System Operations Cost.

    3.04 Revenue from the South Wake Landfill.
    (a) Tipping Fees received at the South Wake Landfill minus the Landfill Operations Costs will constitute Net Landfill Revenue. Because of the large volume of waste that Raleigh is committing to be delivered to the landfill over the life of the Agreement, Raleigh will pay a landfill tipping fee for all its Residential Municipal Solid Waste that is $3.00 per ton less than the landfill tipping fee paid by other Parties to the Agreement for disposal of their Residential Municipal Solid Waste.
    (b) Net Landfill Revenue will be divided among the Parties (revenue sharing) at least two times a year in a manner that reflects each party’s usage of the landfill during the previous period. The Parties agree that Net Landfill Revenue will be expended only for Solid Waste programs or operations as provided in G.S. 130A-309.04(a).
    (c) Net Landfill Revenue generated from the total tons of waste disposed at the landfill at or below a designated threshold each year (the Revenue Share Threshold) will be shared proportionally among the Parties on a per-ton basis. Net Landfill Revenue generated from the total tons of waste disposed at the landfill above the Revenue Share Threshold will be shared proportionally among the Parties based upon total dollars paid for landfill tipping fees. The Revenue Share Threshold is 350,00 tons in FY08 and escalates at 2.8% per year.
    ARTICLE IV
    PERSONNEL NECESSARY TO OPERATION OF THE SYSTEM

    4.01. All Parties will continue to staff and operate their own Solid Waste Programs and will continue to participate in the Solid Waste Advisory Committee.

    4.01. The County will continue to staff the Solid Waste Advisory Committee.

    4.02. County will provide for operation of the Landfill Scale House/Office and for monitoring and oversight of its Contractor(s) Landfill construction and operation, and will provide relevant information and accounting for the Landfill’s revenue (Tipping Fees) and expenses (Landfill Operations Costs) to all other Parties through the Solid Waste Advisory Committee.


    ARTICLE V
    TERM

    5.01. This agreement shall become effective on the date when the South Wake Landfill opens for acceptance of MSW. The initial terms of this Agreement shall be for the operating life of the South Wake landfill, or 25 years, whichever is less, and maybe extended by agreement of the Parties.
    ARTICLE VI
    OWNERSHIP OF SYSTEM PROPERTY

    6.01. Ownership of Real and Personal Property Involved in the System. All Parties ill continue to own the property they have at the inception of this agreement. Wake County, as permit holder and owner of the South Wake Landfill will remain the owner. Any party that currently owns a transfer station will remain its owner.

    6.02. Transfer Stations. This Agreement contemplates that Raleigh will either own and obtain (or having obtained) the permit for a transfer station at or near Wilder’s Grove, or provide transfer station services through a private transfer station in the same location to serve eastern and northern Wake County.

    6.03. Additional Transfer Stations. To the extent that the Parties agree that one or more additional transfer stations will enhance the System, the Parties may agree to include them in the System after reaching agreement on costs, ownership, and financing.
    ARTICLE VII
    LIMITATION TO ORIGINAL PARTIES

    7.01. No Additional Parties. No additional Parties will be allowed to participate during the initial term of this agreement.

    7.02. Agreement to Withdraw. No Party shall have the right to withdraw from participation in this agreement without the consent of all other Parties.
    ARTICLE VIII
    MISCELLANEOUS

    8.01 Governing Law. The Parties intend that North Carolina law shall govern this agreement.

    8.02. Severability. If any provision of this Agreement shall be determined to be unenforceable by a court of competent jurisdiction, such determination will not affect any other provision of this Agreement.

    8.03. Entire Agreement; Amendments. This Agreement constitutes the entire contract between the Parties, and this Agreement shall not be changed except in writing signed by all the Parties.

    8.04. Binding Effect; Third Party Beneficiaries. Subject to the specific provisions of this Agreement, this Agreement shall be binding upon and inure to the benefit of and be enforceable by the Parties, their respective successors and assigns. The Operator of the South Wake Landfill will be a third party beneficiary of this Interlocal Agreement authorized to enforce its provisions.


    8.05. Liability of Officers and Agents. No officer, agent or employee of any Party shall be subject to any personal liability or accountability by reason of the execution of this Agreement or any other documents related to the transactions contemplated hereby. Such officers, agents, or employees shall be deemed to execute such documents in their official capacities only, and not in their individual capacities. This Section shall not relieve any such officer, agent or employee from the performance of any official duty provided by law.

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

    8.07. Existing Contracts. The Parties agree not to enter into any contract for MSW collection, hauling or disposal that is inconsistent with this Agreement. This Agreement shall not affect existing contracts between the Parties and private solid waste collectors which require municipal solid waste disposal in a location other than the South Wake Landfill after the South Wake Landfill is open for MSW disposal, provided that such contracts will be modified if possible to comport with this Agreement, and, if such modification is not possible, such contract will not be extended or renewed. It is the intent of this provision that all Parties commit to disposing of their MSW stream at the South Wake Landfill when it opens or as soon as possible thereafter.

    8.08. Survival of Obligations. The liabilities and obligations of the Parties specified in Section 2.04 shall survive the original term of this agreement and shall be enforceable after closure of the south Wake Landfill.

    8.09. Assignment. No party shall sell or assign any interest in or obligation under this Agreement without the prior express written consent of all the Parties.

    8.10. Termination Prior to End of Initial Term. This Agreement shall not be terminated prior to the end of its original term except by agreement of all Parties.

    IN WITNESS WHEREOF, the Parties have caused this Agreement to be ratified by resolution of their governing Boards or Councils as evidenced by the minutes of their governing Boards or Councils, and executed by their duly authorized officers as of the date first above written.

    TOWN OF APEX, NORTH CAROLINA



    By: ______________________________
    Keith H. Weatherly
    Mayor
      ATTEST:

      __________________________________________
      Georgia A. Evangelist, Clerk
      Town of Apex, North Carolina
    TOWN OF CARY, NORTH CAROLINA



    By: ______________________________
    Ernie McAlister
    Mayor
      ATTEST:

      __________________________________________
      Sue Roland, Clerk
      Town of Cary, North Carolina
    TOWN OF FUQUAY-VARINA, NORTH CAROLINA



    By: _______________________________
    John W. Byrne
    Mayor
      ATTEST:

      __________________________________________
      Rose H. John, Clerk
      Town of Fuquay-Varina, North Carolina
    TOWN OF GARNER, NORTH CAROLINA



    By: ________________________________
    Sam Bridges
    Mayor
      ATTEST:

      __________________________________________
      Judy Bass, Clerk
      Town of Garner, North Carolina
    TOWN OF HOLLY SPRINGS, NORTH CAROLINA



    By: __________________________________
    Richard Sears
    Mayor
      ATTEST:

      __________________________________________
      Joni Powell, Clerk
      Town of Holly Springs, North Carolina
    TOWN OF KNIGHTDALE, NORTH CAROLINA



    By: ___________________________________
    Doug Boyd
    Mayor
      ATTEST:

      __________________________________________
      Amanda Newman, Clerk
      Town of Knightdale, North Carolina
    TOWN OF MORRISVILLE, NORTH CAROLINA



    By: ____________________________________
    Gordon Cromwell
    Mayor
      ATTEST:

      ________________________________________
      Jeanne Hooks, Clerk
      Town of Morrisville, North Carolina
    CITY OF RALEIGH, NORTH CAROLINA



    By: _____________________________________
    Charles Meeker
    Mayor
      ATTEST:

      _________________________________________
      Gail Smith, Clerk
      City of Raleigh, North Carolina
    TOWN OF MORRISVILLE, NORTH CAROLINA



    By: ______________________________________
    Nancy Kelly
    Mayor
      ATTEST:

      _________________________________________
      Lynn House, Clerk
      Town of Rolesville, North Carolina
    TOWN OF WAKE FOREST, NORTH CAROLINA



    By: ______________________________________
    Vivian Jones,
    Mayor
      ATTEST:

      _________________________________________
      Joyce Wilson, Clerk
      Town of Wake Forest, North Carolina
    TOWN OF WENDELL, NORTH CAROLINA



    By:_______________________________________
    Timothy A. Hinnant
    Mayor
      ATTEST:

      __________________________________________
    TOWN OF ZEBULON, NORTH CAROLINA



    By: ______________________________________
    Donald R. Bumgarner
    Mayor Pro Tem
      ATTEST:

      __________________________________________
      Lisa Markland, Clerk
      Town of Zebulon, North Carolina
    COUNTY OF WAKE, NORTH CAROLINA



    By: _______________________________________
    Tony Gurley
    Chairman, Board of Commissioners
      ATTEST:

      ___________________________________________
      Susan J. Banks, Clerk
      County of Wake, North Carolina

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

    SELECTION OF VOTING REPRESENTATIVE TO THE NORTH CAROLINA ASSOCIATION
    OF COUNTY COMMISSIONERS 2006 ANNUAL CONFERENCE

    Upon motion by Commissioner Ward, seconded by Commissioner Council, the Board unanimously voted to appoint Chairman Tony Gurley as the Wake County Board of Commissioners Voting Delegate at the North Carolina Association of County Commissioners Annual Conference on September 7-10, 2006.
    ******************

    APPOINTMENTS TO BOARDS AND COMMITTEES

    Upon motion by Commissioner Gardner, seconded by Commissioner Ward, the Board unanimously voted to make the following appointments with the exception of the Historical Preservation Commission which was tabled until September 5, 2006.

    a. Citizens Facility Advisory Committee

    Jimmy Smith
    (Nominated by Commissioner Gardner)

    b. Garner Board of Adjustment

    Edward John Shintay
    (Term expires 06/30/07)
    (Nominated by Commissioner Webb)

    c. Greater Raleigh Convention and Visitors Bureau

    Barry F. Mitsch
    (Term expires 02/28/07)
    (Nominated by Commissioner Council)

    d. Triangle Transit Authority

    Jeff Merritt
    (Term expires 01/30/09)
    (Nominated by Commissioner Webb)

    e. Wake County Alcoholic Beverage Control Board

    Gary Pendleton
    (Term expires 07/31/09)
    (Nominated by Commissioner Gardner)

    f. Wake County Criminal Justice Partnership Committee
    Susan Copeland Gerald Mitchell
    Louise Davis Doug Pardue
    Frank Gunter, Jr. Robert Sorrels
    Earl London Honorable Colon Willoughby
    Ken R. Marshburn

    (Terms expired 06/30/09)
    (Nominated by Commissioner Ward)

    g. Wake County Historic Preservation Commission

    Upon motion made by Commissioner Gardner, seconded by Commissioner Gurley, and the Board unanimously voted to table the appointments to the Historic Preservation Commission until the September 5, 2006 meeting.
    h. Zebulon Board of Adjustment

    Gerald Lanier (alternate member)
    (Term Expires06/30/09)
    (Nominated by Commissioner Bryan)
    ******************

    APPOINTMENT OF CHAIRMAN TO ABC BOARD

    Upon motion by Commissioner Gardner, seconded by Commissioner Jeffreys, the Board voted unanimously to appoint Gary Pendleton to another one year term as Chairman of the Wake County Alcoholic Beverage Control Board.

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

    COMMITTEE REPORTS

    Commissioner Bryan reported that he and Vice Chairman Webb are serving on the Annual Volunteer Celebration Committee and announced that Ms. Sharon Brown, Public Affairs Officer was able to secure 3,000 tickets to a Carolina Hurricanes pre-game on Friday, September 29, 2006 where the celebration will be held to honor Wake County’s volunteers.

    Commissioners attended the National Association of Counties in Chicago, Illinois and reported on meetings they attended. Commissioner Ward spoke on Arts and Culture Committee which she chaired. She spoke about sessions held including one on Homeland Security and terrorism and she talked with a representative from Novartis and the President of the American Medical Society.

    Commissioner Gardner met with the Environment and Land Use Committee and working on coastal wetland issues. He said the new EPA standards will affect North Carolina. He expressed concern that he learned that waste haulers can haul medical waste and put it on train rail cars. He learned that asthma is the most common cause for school absences. He spoke about the interactive art that was in the park and how it could be incorporated in Wake County.

    Chairman Gurley stated he attended sessions on land use, sustainable communities forum, national housing, leadership committee, workshop on smart growth as well as others. He spoke about the problems with the new Federal Endangered Species Act noting there are problems with putting animals on and not taking them off the endangered list when they are no longer endangered.

    Commissioner Bryan attended the Human Services Steering Committee. He noted that Don Bartlett was an inspirational speaker and Dr. Boaz spoke on counterterrorism from Israel. He noted there were speakers on the Pandemic flu, creative processes for balancing the budget, working with websites and blogs as well as others. Commissioner Bryan reported that the Bank of America pays off law enforcement and teachers home mortgages if something happens to them. He informed the Board that he was appointed as Vice Chairman of the NACO Transportation Committee.

    Commissioner Council asked about the County using compact cars. Mr. Cooke stated that when possible, the County purchases downsized cars and are trying out hybrid cars.

    Vice Chairman Webb stated he attended the library opening in Holly Springs.
    ******************

    Upon motion by Commissioner Ward, seconded by Vice Chairman Webb, the Board unanimously voted to adjourn the meeting at 7:10 p.m.

    Respectfully submitted,


    Susan J. Banks, CMC
    Clerk to the Board
    Wake County Board of Commissioners