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    Minutes of 02-21-05 Board of Commissioners Meeting (adopted)
BOARD OF COMMISSIONERS
MINUTES
February 21, 2005

The Wake County Board of Commissioners met in regular session Monday, February 21, 2005, at 2:00 p.m. in the Commissioners’ Meeting Room, 7th Floor, Wake County Courthouse, Raleigh, North Carolina. Members present were Commissioners Herbert H. Council, Kenneth M. Gardner, Tony Gurley, Phil Jeffreys, Betty Lou Ward, Harold H. Webb and Chairman Joe Bryan.

Also attending were the County Manager, Mr. David C. Cooke; the County Attorney, Mr. Michael R. Ferrell; and the Clerk to the Board, Ms. Gwendolyn I. Reynolds.

Chairman Bryan called the meeting to order.
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PLEDGE OF ALLEGIANCE

Chairman Bryan recognized Boy Scout Troop #360 of Leesville Baptist Church, Raleigh, North Carolina, to lead the audience in the Pledge of Allegiance.
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INVOCATION

Chairman Bryan offered the invocation.

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APPROVAL OF AGENDA

Upon motion of Commissioner Webb, seconded by Commissioner Ward, the Board unanimously approved the agenda as amended, that the “Request from Wake County Public Schools for Approval of Multi-year Operating Lease” be considered following the 3:00 p.m. public comment portion of the meeting. It was noted that the “Request from the Wake County Board of Education to Reallocate Plan 2000 Funds” (Millbrook High Project) was not on today’s agenda at the request of the School System.
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APPROVAL OF MINUTES

Upon motion of Commissioner Ward, seconded by Commissioner Gardner, the Board unanimously approved the minutes of February 7, 14, and 16, 2005.
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COMMUNITY SERVICE’S BUSINESS PLAN PRESENTATION

The Commissioners have requested that the various County departments present their business plans during regularly scheduled Board meetings in order to inform the general public about the operations and services of Wake County government.

Chairman Bryan recognized Mr. Doug Longhini, Director of Community Services, to present the business plan for the department. He outlined the organizational structure and common mission: To enhance the quality of life by promoting health, safety, environmental protection, leisure facilities and providing information and educational opportunities needed by citizens to make sound decisions.

Mr. Longhini then outlined the mission, services and highlights of each of the divisions: Cooperative Extension; Geographic Information Services; Inspection/Development Plans/Permits; Parks, Recreation and Open Space; and Public Libraries. Examples of the programs and audiences served were also presented.

Following a question and answer period, the Commissioners received the information as presented.
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RESOLUTION SETTING DATE FOR ADVERTISEMENT OF TAX LIENS

In February of each year the Revenue Director is required by state law to report to the Board of Commissioners the total amount of unpaid taxes for the current fiscal year that are liens on real property. Upon receiving the report, the Board of Commissioners must order that the liens be advertised and must set a date on which the advertisement is to occur. The steps taken prior to this action were outlined for Board information.
Upon motion of Commissioner Ward, seconded by Commissioner Council, the Board unanimously adopted a resolution setting the date for the advertisement of tax liens.
RESOLUTION
SETTING DATE FOR ADVERTISEMENT
OF TAX LIENS
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REQUEST FOR RE-ISSUANCE OF LANDFILL FRANCHISE
MATERIAL RECOVERY, LLC

An ordinance requiring all Construction and Demolition landfill operators to obtain a franchise from the County prior to operation was enacted by the Board of Commissioners September 7, 1999.

Material Recovery, LLC is the current holder of a franchise to operate a Construction and Debris landfill in Wake County. A new entity, WCA of Wake County, L.P. is acquiring the ownership interest of Material Recovery, LLC. WCA has adopted the application filed by Material Recovery, LLC, for operation of the C&D landfill, and has agreed to comply with the terms and conditions of the franchise previously submitted by Material Recovery, LLC.

County staff is satisfied with the operation of the landfill by Material Recovery, LLC, and has no objection to re-issuance of the franchise on the same terms and conditions.

The Board of Commissioners considered this request for re-issuance of Material Recovery, LLC landfill franchise at its February 7, 2005 meeting. Granting of a franchise requires two separate readings.

Upon motion of Commissioner Jeffreys, seconded by Commissioner Gardner, the Board unanimously approved the adoption of an ordinance re-issuing franchise to Material Recovery, LLC, for operation of construction and demolition landfill.

ORDINANCE RE-ISSUING FRANCHISE
TO MATERIAL RECOVERY, LLC FOR OPERATION OF
CONSTRUCTION AND DEMOLITION DEBRIS LANDFILL (2nd reading)

NOW THEREFORE BE IT ORDAINED THAT,

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EXTENSION OF LEASE AGREEMENT FOR HUMAN SERVICES
“WORKING FOR KIDS” PROGRAM

In March 2000, Wake County leased a 2,037 square foot building located at 2815 Kidd Road from Poe Properties, LLC. The building is a stand-alone facility located in close proximity to the Human Services Facility on Swinburne Road and is used to support the grant-funded Working for Kids Program. The current lease is for a term of five years extending through February 28, 2005. The proposed extension is for an additional five-year period extending through February 28, 2010. The yearly rent for the lease extension shall be increased by 3.5 percent on an annual basis. The new annual rent for year one of the extension will be $22,977 or $11.28 per square foot. The County will be responsible for payment of taxes, insurance and interior maintenance in accordance with the original lease. All costs associated with this lease will be covered by a combination of State, Federal and County funds. The lease also contains a non-appropriation clause that permits the County to terminate the lease for any portion of the lease term for which grant funding is not approved.

Upon motion of Commissioner Gurley, seconded by Commissioner Webb, the Board unanimously approved a five-year lease extension with Poe Properties, LLC for 2815 Kidd Road for the Working for Kids Program, subject to terms and conditions acceptable to the County Attorney.
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EXTENSION OF LEASE AGREEMENT FOR HUMAN SERVICES
COMPREHENSIVE TREATMENT SERVICE PROVIDERS PROGRAM

In 1998, Wake County entered into a lease agreement to utilize 5,644 square feet of office space in the Parkview Building located at 2321 Crabtree Blvd. This facility houses twenty staff members as a part of the Comprehensive Treatment Service Providers Program.
The proposed lease extension is for an additional five years and will extend the lease through March 31, 2010. The new rental rate for the initial year of the lease will be $12.50 per square foot or $70,550 annually. The rental rate will be increased by 3 percent per annum after the initial year through the remaining term of the lease.

The lease is contingent upon the County’s receipt of funding from the State of North Carolina for the provision of the Comprehensive Treatment Service Providers Program services. The funds received from the State and the fees charged by the program provide 92 percent of the funding for the program, eight percent of the funds are County dollars.

Upon motion of Commissioner Gardner, seconded by Commissioner Council, the Board unanimously approved a five-year lease extension with SBJ Growth Limited Partnership for 5,644 square feet located 2321 Crabtree Boulevard for the Human Services Comprehensive Treatment Service Providers Program.
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PUBLIC HEARING
PUBLIC HEARING TO CONSIDER UPPER NEUSE RIVER/
RICHLAND CREEK WATER SUPPLY WATERSHED RESOLUTIONS

Chairman Bryan announced a public hearing to consider Upper Neuse River/Richland Creek Water Supply Watershed resolutions, duly advertised as provided by statute for Monday, February 21, 2005, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.

Ms. Melanie Wilson, Wake County Planning Director, was recognized for introductory comments on the proposed resolutions. She stated that under state law, Wake County is required to adopt and implement plans and ordinances that meet or exceed the State’s minimum water supply watershed protection requirements. To meet these standards, local governments are allowed to develop land management strategies based on either a low-density or high-density option. Both density options limit impervious surface coverage as well as requiring vegetated buffers along watercourses and the use of best management practices to control stormwater runoff.

On July 1, 2004, the North Carolina Environmental Management Commission reclassified the Upper Neuse River/Richland Creek watershed from Class C Nutrient Sensitive Waters to Class Water Supply-IV Nutrient Sensitive Waters and Water Supply-IV Nutrient Sensitive Waters Critical Area. The Upper Neuse River/Richland Creek watershed is located in northeastern Wake County, bounded by Capital Boulevard on the east, Durant Road on the south, Falls of Neuse Road on the west, and the Franklin County line to the north. The proposed watershed affects approximately 973 acres (105 parcels) currently within Wake County’s planning jurisdiction and zoned under various classifications. Approximately 80 individuals or businesses comprise the property owners listing. The Wake County Landfill and the Hanson/Benchmark quarry comprise approximately two-thirds of the current land area. The remaining land uses are primarily residential, with a few general business activities located south of Old NC 98 at Falls of Neuse Road and a few non-quarry related businesses along Capital Boulevard.

The proposed actions are consistent with the Wake County Land Use Plan and with the Wake County Growth Management Strategies: The factual situation having been presented, Chairman Bryan announced that anyone desiring to comment would be heard at this time.

There were no comments in support of or in opposition to the proposed resolutions.

Chairman Bryan then called for the recommendation of the Planning Board and Planning staff.

Ms. Beth Trahos, representing the Wake County Planning Board, reported that the Planning Board recommends approval. Mr. Chris Sinclair, Planning Board Member, was also recognized for comments about County policy and low-density/high density options.

Ms. Wilson reported that Planning staff recommends approval of the resolutions, as presented.

Chairman Bryan declared the hearing closed and invited action by the Board.

Upon motion of Commissioner Ward, seconded by Commissioner Council, the Board unanimously approved the adoption of resolutions amending the Wake County Land Use Plan, Zoning Ordinance and Zoning Map.
RESOLUTION
AMENDING THE WAKE COUNTY LAND USE PLAN
INCORPORATING CHANGES ASSOCIATED WITH THE
UPPER NEUSE RIVER/RICHLAND CREEK WATER SUPPLY WATERSHED

That the Wake County Land Use Plan be amended to include the following:
This amendment shall become effective on adoption of this resolution.
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ORDINANCE
AMENDING THE WAKE COUNTY ZONING MAP TO APPLY
THE WATERSHED PROTECTED AREA OVERLAY DISTRICT TO PROPERTIES
WITHIN THE UPPER NEUSE RIVER/RICHLAND CREEK
WATER SUPPLY WATERSHED

SECTION I

PETITION NO. ZP-847-04


SECTION II

This amendment shall become effective upon adoption of this ordinance.

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AN ORDINANCE
AMENDING THE WAKE COUNTY ZONING ORDINANCE TO
REFLECT CHANGES ASSOCIATED WITH
THE UPPER NEUSE RIVER/RICHLAND CREEK
WATER SUPPLY WATERSHED

SECTION I

A.AMEND Section 1-1-52 (B) (1) Watershed Protected Area Overlay District Designated Areas, as follows, adding the underlined text and removing the strikethrough (strikethrough) text:
(1) Designated Areas
Land in the protected area of a water supply watershed classified WS-IV –
other than the Falls Lake watershed (e.g., the Jordan Lake, Cape Fear
(Lillington), and Cape Fear (Sanford), and Upper Neuse River/Richland
Creek watersheds)
A.AMEND Section 1-1-53 (B) (1) Watershed Protected Area Overlay District Designated Areas, as follows, adding the underlined text and removing the strikethrough (strikethrough) text:
(1) Designated Areas
Land in the protected area of a water supply watershed classified WS-IV –
other than the Falls Lake watershed (e.g., the Jordan Lake, Cape Fear
(Lillington), and Cape Fear (Sanford), and Upper Neuse River/Richland
Creek watersheds)
SECTION III

This amendment shall become effective upon adoption of this ordinance.
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PUBLIC COMMENT

The Board of Commissioners desires to hear from the public about the operations and services of Wake County Government. It is for that purpose at regular meetings of the Board, a time certain (3:00 p.m.) has been set for public comment. Chairman Bryan recognized the following persons:

1. Ms. Bettie Murchison, 2609 Lizei Street, Raleigh (support Dubois Center Campus for proposed temporary modular school site) 2. Ms. Mavis Farrar, President, National Dubois Alumni Association (support Dubois Center Campus for proposed temporary modular school site) 3. Ms. Velma Boyd Lawson, Town Commissioner, Town of Wake Forest (support Dubois Center Campus for temporary modular school site; noted that she was not representing the Town Board) 4. Ms. Mary Evelyn Jones, 607 E. Walnut Avenue, Wake Forest (support Dubois Center Campus for temporary modular school site) 5. Mr. Doug Dieter, 12100 Pawleys Mill Circle, Raleigh
6. Mr. Tom Lehr, 9408 Buggy Run Circle, Wake Forest
7. Mr. Mike Soluri, 12032 Pawleys Mill Circle, Raleigh
8. Mr. Randy Fisher, 110 Bell Springs Court, Wake Forest
9. Ms. Donna Soluri, 12032 Pawleys Mill Circle, Raleigh
(The five names listed above presented as a group in opposition to the Dubois Center Campus site, submitted petition in support of the Queensland Road site with knowledge of existing power lines on the proposed property.) 10. Ms. Laura Demetry, 3020 Imperial Oaks Drive, Raleigh (Issue traumatic for children in the area; vote for the children) 11. Mr. Rodney Harris, 1751 Chalk Rd., Wake Forest (support Dubois Center Campus for temporary modular school site) 12. Mr. Lawrence Perry, Wake Forest (support Dubois Center Campus for temporary modular school site)

Following a seven-minute recess, Chairman Bryan continued with public comments:

13. Ms. Gail Eluwa, 732 Linda Court, Cary – Raleigh/Wake Citizens Association (support Dubois Center Campus for temporary modular school site) 14. Mr. Mike Timmons, 117 Vail Springs, Ct., Wake Forest (oppose Dubois Center Campus for temporary modular school site) 15. Ms. Pam Timmons, 117 Vail Springs Ct., Wake Forest (oppose Dubois Center Campus for temporary modular school site) 16. Ms. Leslie Wright, PO Box 2713, Raleigh, NC (personal concerns re problems experienced while using library resources) 17. Mr. Lamonte Mitchell, 2501 Firelight Road, Raleigh (support Dubois Center Campus for temporary modular school site) 18. Mr. Danny Coleman, 1627 Battery Drive, Raleigh (support Dubois Center Campus for temporary modular school site) 19. Mr. Billy Sutton, Wakefield Development Co., Raleigh (Reconfirm proposal and figures presented at previous meeting re Queensland Road site) 20. Ms. Cynthia Matson, 6016 Heatherstone Drive, Raleigh (oppose Dubois Center Campus for temporary modular school site)

21. Mr. Jim Ford, 12220 Pawleys Mill Circle, Raleigh (oppose Dubois Center Campus for temporary modular school site) 22. Mr. David Hegel, 3005 Osterley Street, Raleigh (oppose Dubois Center Campus for temporary modular school site) 23. Ms. Donna Havens, 362 Tillamook Drive, Wake Forest (oppose Dubois Center Campus for temporary modular school site) 24. Ms. Barbara Davis, 322 Tillamook Drive, Wake Forest (oppose Dubois Center Campus for temporary modular school site) 25. Ms. Julie Vu, 3001 Osterly Street, Raleigh (oppose Dubois Center Campus for temporary modular school site) 26. Mr. Chip Finley, 106 Summerglow Court, Cary (oppose Dubois Center Campus for temporary modular school site)

There being no other persons requesting to be heard, Chairman Bryan declared the public comment portion of the meeting closed.
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DENIAL OF REQUEST FROM WAKE COUNTY PUBLIC SCHOOLS
TO APPROVAL MULTI-YEAR OPERATING LEASE

The Wake County Board of Education has negotiated a ground lease with the National Alumni Association of Dubois High School for 6.22 acres of land for a modular school complex. The lease term is three years beginning February 1, 2005. The Board of Education may exercise up to three one-year periods beyond the initial lease term with lease payment increasing by five percent annually. The Board of Education approved the ground lease at its January 18, 2005 meeting.

State law prohibits the Board of Education from entering into operational leases for school buildings and/or other facilities for more than three years without prior approval from the Board of Commissioners. Approval by the Board of Commissioners, in the form of a resolution, is a commitment to appropriate funds in subsequent fiscal years sufficient to meet the obligations of the contract. Should the Board of Commissioners approve the resolution, the Board of Education is required to appropriate the current year’s portion from existing funds, and in future years, from resources appropriated to them by the Board of Commissioners.

Chairman Bryan recognized Mr. Don Haydon, Wake County Public School System, to confirm the Board of Education’s position on the request. Mr. Haydon stated that the Board’s action remains the same—Dubois Center site.

Commissioner Ward moved approval of the Board of Education’s request, as presented, for multi-year operating lease for the Dubois Center site. The motion was seconded by Commissioner Webb.

Upon vote, by roll call, the motion failed:
In response to concerns raised by Commissioners regarding the offering of alternate school sites and the timeframe (the need to have the site prepared, necessary permitting process and the school in place by August 1, 2005), County Attorney Michael Ferrell stated that both he and School Board Attorney Rod Malone agree that there are no legal impediments to using any of the sites, that there are scenarios which could make any of the sites usable within the schedule to accommodate whatever public bidding that must be done. Mr. Ferrell emphasized that neither he nor Mr. Malone can express an opinion as to whether the required permits can be obtained within the necessary time frame.

Commissioner Gurley then moved that the Board of Commissioners refuse to approve the Wake County School Board ground lease with the National Alumni Association of DuBois High School and, in light of current information, send this issue back to the School Board for their consideration of alternative sites. The motion was seconded by Commissioner Council.

Upon vote, by roll call, the motion passed:

Commissioner Jeffreys requested that the record show his opposition to the action due to no consideration being given to the options of K through 12 year-round or half-day kindergarten.
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PUBLIC HEARING
PUBLIC HEARING ON ISSUANCE OF $150 MILLION IN BONDS BY
RDU AIRPORT AUTHORITY TO FINANCE AIRPORT IMPROVEMENTS

Chairman Bryan announced a public hearing to consider the issuance of $150 million in bonds by the Raleigh-Durham Authority to finance airport improvements, duly advertised as provided by statute for Monday, February 21, 2005, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.

The County Attorney gave introductory comments and outlined the approval process for issuance of the bonds under federal law. He stated that this debt will not be County debt; if approved it will be Airport Authority debt, payable only from Airport revenues.

Mr. Tom Barrett, Director of Finance and Mr. Jim Gill, Deputy Director of Finance of the Raleigh Durham Airport Authority, appeared before the Board to comment on airport improvements. The Authority intends to issue its revenue bonds in an aggregate principal amount not exceeding $150,000,000, a portion of the funds necessary for the design, engineering, acquisition, construction, renovation and equipping of improvements to the Raleigh-Durham International Airport, which include the construction of the General Aviation Terminal, the construction of the Operations Center, the relocation of Taxiway D, the expansion of the Terminal C apron and the renovation, redevelopment and expansion of Terminal C, including the design and demolition costs, the placement of foundations for future construction, the construction of a central energy plant, tenant relocation costs and project support costs and contingencies in connection therewith all of such projects to be located at the Raleigh-Durham International Airport (collectively, the “Project”).

Chairman Bryan stated that a notice of public hearing by the Wake County Board of Commissioners regarding the Project and issuance of the Bonds had been published on February 3, 2005 in The Raleigh News & Observer.

The Chairman then announced (at approximately 4:30 pm) that the Board of Commissioners would hear anyone who wished to be heard on the advisability of the proposed issuance of the Bonds.

There being no persons requesting to be heard, Chairman Bryan declared the hearing closed and invited action by the Board.

Upon motion of Commissioner Council, seconded by Commissioner Ward, the Board unanimously adopted a resolution approving an Airport Authority request to issue up to $150 million in bonds to finance airport improvements.
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PUBLIC HEARING
PUBLIC HEARING ON THE PROPOSED BOND ORDER
AUTHORIZING ISSUANCE $272,300,000 OF GENERAL OBLIGATION
REFUNDING BONDS AND CONSIDERATION OF ADOPTING THE BOND ORDER

Chairman Bryan announced a public hearing to consider a proposed bond order authorizing issuance of $272,300,000 of General Obligation Refunding Bonds and the adoption of the bond order, duly advertised as provided by statute for Monday, February 21, 2005, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.

The County Manager made introductory remarks, indicating that on February 7, 2005, Bond Orders were introduced to allow for the refunding of up to approximately $272.3 million for the 1998, 2001A and 2002 bonds. The authorization to refund 2001A and 2002 is requested so that as staff monitors these issues for refunding potential, staff can move promptly in the market place if an opportunity presents itself. The Manager further stated that with the adoption of these Bond Orders, and the Resolutions Authorizing the Sale of Bonds, the Board of Commissioners will have completed the last steps necessary to allow for the refunding of the 1998, 2001A, 2001B and 2002 bonds.

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

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

Upon motion of Commissioner Gardner, seconded by Commissioner Webb, the order entitled: “ORDER AUTHORIZING $272,300,000 REFUNDING BONDS” was read a second time by title and placed upon it final passage. Upon vote, the order was unanimously adopted.

The Clerk to the Board of Commissioners was thereupon directed to cause said order to be published, together with the appended statement as required by The Local Government Bond Act, as amended, once in The News and Observer.

On motion duly made by Commissioner Gardner, seconded by Commissioner Webb, the Board unanimously ratified and confirmed the appointment of Helms Mulliss and Wicker, PLLC and Waters & Company, LLC, Birmingham, Alabama, as bond counsel and financial advisor, respectively, with respect to said Refunding Bonds.

ORDER AUTHORIZING
$272,300,000 REFUNDING BONDS

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 Refunding Bonds in an aggregate principal amount not exceeding $272,300,000, for the purpose of providing funds, together with any other available funds, for (i) refunding all or a portion of the following outstanding general obligation bonds of said County:

and (ii) paying expenses related thereto.

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

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


4. That this order shall take effect upon its adoption.
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RESOLUTION AUTHORIZING THE SALE OF $399,500,000 OF
GENERAL OBLIGATION REFUNDING BONDS, SERIES 2005

On February 7, 2005, a bond order was introduced to allow for the refunding of up to approximately $272,300,000 of General Obligation Refunding Bonds, Series 2005. This represents bond maturities for the 1998, 2001A and 2002 bonds. Earlier in the meeting the Board of Commissioners adopted the bond order.

In March of 2004, the Board of Commissioners authorized $127,200,000 of the 2001B Bonds to be refunded. The total authorization of both actions totals $399,500,000. County staff is now requesting that the Board take the final step in the process by approving the Resolution for Sale of GO Refunding Bonds, Series 2005 for $399,500,000. This resolution is for GO Bonds from the 1998, 2001A and 2002 Bonds.

RESOLUTION PROVIDING FOR THE ISSUANCE OF UP TO
$399,500,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2005

BE IT RESOLVED by the Board of Commissioners (the “Board”) of the County of Wake, North Carolina (the “Issuer”):

Section 1. The Board has determined and does hereby find, declare and represent:

2. That an order (the “2005 Refunding Bond Order”) authorizing $272,300,000 Refunding Bonds was adopted by the Board on February
21,2005, which order has taken effect.

(b) That an order (the “2004 Refunding Bond Order,” and together with the 2005 Refunding Bond Order, the “Bond Orders”) authorizing $284,600,000 Refunding Bonds was adopted by the Board on February 16, 2004, which order has taken effect.

(c) That the 2004 Refunding Bond Order authorized the refunding of $132,900,000 in principal amount of the Issuer’s outstanding School Bonds, Series 2001B, dated February 1, 2001, but because of market conditions, no bonds have been issued to date pursuant to the 2004 Refunding Bond Order to refund any of the Issuer’s School Bonds, Series 2001B.

(d) That $170,220,000 of the bonds authorized to be issued by the 2004 Refunding Bond Order remain authorized and unissued, and it is necessary at this time to issue up to $127,200,000 of such bonds and to use the proceeds thereof, together with any other funds necessary, to advance refund all or a portion of each maturity of the Issuer’s outstanding School Bonds, Series 2001B (collectively, the “2001B Bonds To Be Refunded”).

(e) That none of the bonds authorized to be issued by the 2005 Refunding Bond Order have been issued, that no notes have been issued in anticipation of the receipt of the proceeds of the sale of any such bonds and that it is necessary at this time to issue all or a portion of said bonds and to use the proceeds thereof, together with any other funds necessary, to advance refund all or a portion of each maturity of the Issuer’s outstanding Public Improvement Bonds, Series 1998, dated February 15, 1998; Criminal Justice Facility Bonds, Series 2001A, dated February 1, 2001 and Public Improvement Bonds, Series 2002, dated March 1, 2002 (collectively, together with the 200lB Bonds To Be Refunded, the “Bonds To Be Refunded”).

(f) That the prospective Bonds To Be Refunded financed, together with any other funds necessary, various public improvements of the Issuer.

(g) That the shortest period of time in which the Bonds To Be Refunded can be finally paid without making it unduly burdensome on the taxpayers of the Issuer, as determined by the Local Government Commission of North Carolina, is a period which expires not later than December 31, 2020.

Section 2. Pursuant to the Bond Orders there shall be issued bonds of the Issuer in an aggregate principal amount not to exceed $399,500,000 (not in excess of $127,200,000 of the bonds authorized and unissued under the 2004 Refunding Bond Order and not in excess of $272,300,000 of the bonds authorized and unissued under the 2005 Refunding Bond Order), subject to adjustment as hereinafter set forth, designated “General Obligation Refunding Bonds, Series 2005” and dated as of March 1, 2005, or such other date as may be designated by the County Manager or Finance Director (the “Bonds”). The Chairman or Vice-Chairman of the Board, the County Manager or the Finance Director, respectively, each acting on behalf of the Issuer, may increase or decrease the aggregate principal amount of the Bonds by any amount, so long as such amount shall not exceed $399,500,000, as determined to be in the best interest of the Issuer, and may make any such increase or decrease either before or after the ‘bids are opened. The Bonds shall be stated to mature (subject to the right of prior redemption and to adjustment as hereinafter set forth) annually, March 1 (or such other date designated in accordance with the immediately preceding sentence), $9,210,00O 2009 - $9,220,000 2010, $9,230,000 –2011 - $20,410,000 - 2012, $34,090,000 - 2013, $48,960,000 - 2014, $49,365,000 - 2015, $52,460,000 - 2016, $45,150,000 - 2017 and $10,420,000 - 2018. The foregoing notwithstanding, the Chairman or Vice-Chairman of the Board, County Manager or Finance Director, respectively, each acting on behalf of the Issuer, may increase or decrease the principal amount of the Bonds maturing at each maturity, either before or after the opening of bids (including elimination of a maturity), provided that the aggregate principal amount of the Bonds shall not exceed $399,500,000. The Bonds shall bear interest at a rate or rates to be determined by the Local Government Commission of North Carolina at the time the Bonds are sold, which interest to the respective maturities thereof shall be payable on September 1, 2005 (or such other date as is designated by the County Manager or the Finance Director in connection with the sale of the Bonds) and semiannually thereafter on March 1 and September 1 of each year (or other semiannual dates designated by the County Manager or the Finance Director in connection with the sale of the Bonds) until payment of such principal sum.

Notwithstanding the foregoing provisions of this resolution, since interest rates on a proposed sale date are unpredictable, at any time before the Bonds are awarded, the County Manager or the Finance Director, respectively, acting on behalf of the Issuer, may from time to time defer sale of all or any portion of the Bonds (including postponement to a later date, to a subsequently announced date or indefinitely).

Section 3. Each Bond shall bear interest from the interest payment date next preceding the date on which it is authenticated unless it is (a) authenticated upon an interest payment date in which event it shall bear interest from such interest payment date or (b) authenticated prior to the first interest payment date in which event it shall bear interest from its date; provided, however, that if at the time of authentication interest is in default, such Bond shall bear interest from the date to which interest has been paid.

The principal of and the interest and any redemption premium on the Bonds shall be payable in any coin or currency of the United States of America which is legal tender for the payment of public and private debts on the respective dates of payment thereof.

Section 4. The Bonds initially, will be issued by means of a book-entry system with no physical distribution of bond certificates to be made except as hereinafter provided. Initially one fully registered bond certificate for each stated maturity of the Bonds in the aggregate principal amount of such stated maturity and registered in the name of the Securities Depository Nominee (defined below), a nominee of the Securities Depository (defined below), will be issued and required to be deposited with the Securities Depository and immobilized in its custody. The book-entry system of the Securities Depository will evidence positions held in the Bonds by the Securities Depository’s participants, with beneficial ownership of the Bonds in the principal amount of $5,000 or any whole multiple thereof being evidenced in the records of such participants. Transfers of beneficial ownership will be effected on the records of the Securities Depository and its participants pursuant to rules and procedures established by the Securities Depository and its participants.

The Issuer and the Bond Registrar will recognize the Securities Depository Nominee or the Securities Depository, as the case may be, while the registered owner of the Bonds, as the owner of the Bonds for all purposes, including payments of principal of, and redemption premium, if any, and interest on the Bonds, notices and voting. The principal of and any redemption premium on each Bond shall be payable to the Securities Depository Nominee or any other person appearing on the registration books of the Issuer hereinafter provided for as the registered owner of such Bond, or his registered assigns or legal representative at the office of the Bond Registrar mentioned hereinafter or such other place as the Issuer may determine upon the presentation and surrender thereof as the same shall become due and payable. Payment of the interest on each Bond shall be made by the Bond Registrar on each interest payment date to the registered owner of such Bond (or the previous Bond or Bonds evidencing the same debt as that evidenced by such Bond) at the close of business on the record date for such interest, which shall be the 15th day (whether or not a business day) of the calendar month next preceding such interest payment date, by check mailed to such person at his address as it appears on such registration books or, during the continuation of the book-entry system, by such other method of payment as the Issuer may determine to be necessary or advisable with the concurrence of the Securities Depository. Transfer of principal and interest and any redemption premium payments to participants of the Securities Depository will be the responsibility of the Securities Depository, and transfer of principal and interest and any redemption premium payments to beneficial owners of the Bonds by participants of the Securities Depository will be the responsibility of such participants and other nominees of such beneficial owners. Such transfers of interest by the Securities Depository and by such participants and other nominees of such beneficial owners may be made to the owners of Bonds shown on their records on a date on or after said record date for such interest, pursuant to rules and procedures established by the Securities Depository and its participants. The Issuer and the Bond Registrar will not be responsible or liable for such transfers of payments or for maintaining, supervising or reviewing records maintained by the Securities Depository, its participants or persons acting through such participants.

In the event that (a) any Securities Depository determines not to continue to act as securities depository for the Bonds, or (b) the Finance Director of the Issuer determines to discontinue the book-entry system with such Securities Depository, the Issuer may identify another qualified Securities Depository to replace the predecessor Securities Depository and, in such event, the Issuer will make arrangements with the predecessor Securities Depository and such other Securities Depository to effect such replacement and deliver replacement Bonds registered in the name of such other depository or its nominee in exchange for the outstanding Bonds, and all references in this resolution to any predecessor Securities Depository or Securities Depository Nominee shall thereupon be deemed to mean such other depository or its nominee. If the Issuer does not identify another qualified Securities Depository to replace the predecessor Securities Depository, the Issuer will deliver replacement Bonds in the form of fully registered certificates in the denomination of $5,000 or any whole multiple thereof (“Certificated Bonds”) in exchange for the outstanding Bonds as required by the predecessor Securities Depository and others. Upon the request of the Securities Depository, the Issuer may also deliver one or more Certificated Bonds to any participant of the Securities Depository in exchange for Bonds credited to its account with the Securities Depository. The Issuer and the Bond Registrar shall be entitled to rely upon the instructions of the Securities Depository as to the appropriate parties entitled to receive Certificated Bonds.

For purposes of this resolution “Securities Depository” means The Depository Trust Company, New York, New York, or other recognized securities depository selected by the Issuer, which maintains the book-entry system in respect of the Bonds authorized by this resolution, and shall include any substitute for or successor to the securities depository initially acting as Securities Depository. For purposes of this resolution “Securities Depository Nominee” means, as to any Securities Depository, such Securities Depository or the nominee, if any, of such Securities Depository in whose name the Bond certificates shall be registered on the registration books maintained by the Bond Registrar during the continuation with such Securities Depository of the book-entry system authorized by this resolution. The Depository Trust Company, New York, New York, is hereby appointed as the initial Securities Depository, and Cede & Co., a nominee thereof, is hereby appointed as the initial Securities Depository Nominee for the Bonds.

Unless indicated otherwise, the provisions of this resolution that follow shall apply to all Bonds issued or issuable hereunder, whether initially or in replacement thereof.

Section 5. The Bonds shall be executed with the manual or facsimile signatures of the Chairman or Vice Chairman of the Board and the Clerk to the Board, and the seal or a facsimile of the seal of the Issuer shall be impressed or imprinted, as the case may be, on the Bonds.

The certificate of the Local Government Commission of North Carolina shall be endorsed on all Bonds, and shall bear the manual or facsimile signature of the Secretary of said Commission or on behalf of the Secretary by a Designated Assistant and the certificate of authentication of the Bond Registrar to be endorsed on all Bonds shall be executed as provided hereinafter.

In case any officer of the Issuer or the Local Government Commission of North Carolina whose manual or facsimile signature shall appear on any Bonds shall cease to be such officer before the delivery of such Bonds, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery, and any Bond may bear the manual or facsimile signatures of such persons as at the actual time of the execution of such Bond shall be the proper officers to sign such Bond, although at the date of such Bond, such persons may not have been such officers.

No Bond shall be valid or become obligatory for any purpose or be entitled to any benefit or security under this resolution until it shall have been authenticated by the execution by the Bond Registrar of the certificate of authentication endorsed thereon.

Section 6. The Bonds and the endorsements thereon shall be in substantially the following form:

[Front Side of Printed Bonds]

No. R-___ $_______
United States of America
State of North Carolina
COUNTY OF WAKE, NORTH CAROLINA

General Obligation Refunding Bonds, Series 2005

MATURITY DATE INTEREST RATE CUSP
_________________ ______________ _____________

The County of Wake, North Carolina (the “Issuer”), is justly indebted and for value received hereby promises to pay to ________________________________________________ or registered assigns or legal representative on the date specified above (or earlier as hereinafter referred to), upon the presentation and surrender hereof, at the office of the Finance Director of the Issuer, currently at Wake County Office Building, 336 Fayetteville Street Mall, 9th Floor, Raleigh, North Carolina 27602 (the “Bond Registrar”), the principal sum of
_______________________________DOLLARS

and to pay interest on such principal sum from the date hereof or from the March 1 or September 1 next preceding the date of authentication to which interest shall have been paid, unless such date of authentication is a March 1 or September 1 to which interest shall have been paid, in which case from such date, such interest to the maturity hereof being payable on September 1, 2005 and semiannually thereafter on September 1 and March 1 in each year, at the rate per annum specified above, until payment of such principal sum. The interest so payable on any such interest payment date will be paid to the person in whose name this Bond (or the previous Bond or Bonds evidencing the same debt as that evidenced by this Bond) is registered at the close of business on the record date for such interest, which shall be the 15th day (whether or not a business day) of the calendar month next preceding such interest payment date, by check mailed to such person at his address as it appears on the bond registration books of the Issuer. Both the principal of and the interest on this Bond shall be paid in any coin or currency of the United States of America that is legal tender for the payment of public and private debts on the respective dates of payment thereof. For the prompt payment hereof, both principal and interest as the same shall become due, the faith and credit of the Issuer are hereby irrevocably pledged.

[Printed Bonds are to include the following paragraph]

ADDITIONAL PROVISIONS OF THIS BOND ARE SET FORTH ON THE REVERSE HEREOF AND SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT
AS IF SET FORTH HERE.
[Reverse Side of Printed Bonds]

This Bond is one of an issue of Bonds designated “General Obligation Refunding Bonds, Series 2005” (the “Bonds”) and issued by the Issuer for the purpose of providing funds, with any other funds necessary, for refunding a portion of the Issuer’s outstanding (i) Public Improvement Bonds, Series 1998, dated February 15, 1998, (ii) Criminal Justice Facility Bonds, Series 2001A, dated February 1, 2001, (iii) School Bonds, Series 2001B, dated February 1, 2001 and (iv) Public Improvement Bonds, Series 2002, dated March 1, 2002. This Bond is issued under and pursuant to The Local Government Bond Act, as amended, Article 7, as amended, of Chapter 159 of the General Statutes of North Carolina, orders adopted by the Board of Commissioners (the “Board”) of the Issuer which have taken effect as provided by law, and a resolution duly passed by the Board of the Issuer (the “Resolution”).

The Bonds maturing prior to March 1, 2016 are not subject to redemption prior to maturity. The Bonds maturing on March 1, 2016 and thereafter may be redeemed, at the option of the Issuer, from any moneys that may be made available for such purpose, either in whole or in part on any date not earlier than March 1, 2015, the principal amount of the Bonds to be redeemed, together with interest accrued thereon to the date fixed for redemption, without premium.

If less than all of the Bonds of any one maturity shall be called for redemption, the particular Bonds or portions of Bonds of such maturity to be redeemed shall be selected by lot in such manner as the Issuer in its discretion may determine; provided, however, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some whole multiple thereof and that, in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If less than all of the Bonds stated to mature on different dates shall be called for redemption, the particular Bonds or portions thereof to be redeemed shall be called in such maturities and amounts of those maturities as shall be determined by the Issuer.

Not more than 60 days nor less than 30 days before the redemption date of any Bonds to be redeemed, whether such redemption be in whole or in part, the Issuer shall cause a notice of such redemption to be filed with the Bond Registrar and to be mailed, postage prepaid, to the registered owner of each Bond to be redeemed in whole or in part at the address of said owner appearing upon the registration books of the Issuer. Failure to mail such notice or any defect therein as to any Bond or portion thereof shall not affect the validity of the redemption as to any Bond or portion thereof for which such notice was given as required hereby. On the date fixed for redemption, notice having been given as aforesaid, the Bonds or portions thereof so called for redemption shall be due and payable at the redemption price provided therefor, plus accrued interest to such date. If moneys for payment of such redemption price and the accrued interest are held by the Bond Registrar as provided in the Resolution, interest on the Bonds or the portions thereof called for redemption shall cease to accrue. If a portion of this Bond shall be called for redemption, a new Bond or Bonds in principal amount equal to the unredeemed portion hereof will be issued to the registered owner hereof or the legal representative of said owner upon the surrender hereof.]

[The following four paragraphs are to be included in the form of Bond
so long as the Bonds are being issued pursuant to a book-entry system.]

The Bonds initially are being issued by means of a book-entry system with no physical distribution of Bond certificates to be made except as provided in the Resolution. Initially one fully registered Bond certificate for each stated maturity of the Bonds, in the aggregate principal amount of the Bonds of such stated maturity and registered in the name of the Securities Depository Nominee (as defined in the Resolution), a nominee of the Securities Depository (as defined in the Resolution), is being issued and required to be deposited with the Securities Depository and immobilized in its custody. The book-entry system of the Securities Depository will evidence positions held in the Bonds by the Securities Depository’s participants, with beneficial ownership of the Bonds in the principal amount of $5,000 or any whole multiple thereof being evidenced in the records of such participants. Transfers of beneficial ownership will be effected on the records of the Securities Depository and its participants pursuant to rules and procedures established by the Securities Depository and its participants.

The Issuer and the Bond Registrar will recognize the Securities Depository Nominee or the Securities Depository, as the case may be, while the registered owner of this Bond, as the owner of this Bond for all purposes, including payments of principal of, and redemption premium, if any, and interest on, this Bond, notices and voting. Transfer of principal and interest and any redemption premium payments to participants of the Securities Depository will be the responsibility of the Securities Depository, and transfer of principal and interest and any redemption premium payments to beneficial owners of the Bonds by participants of the Securities Depository will be the responsibility of such participants and other nominees of such beneficial owners. The Issuer and the Bond Registrar will not be responsible or liable for such transfers of payments or for maintaining, supervising or reviewing records maintained by the Securities Depository, its participants or persons acting through such participants.

While the Securities Depository Nominee or the Securities Depository, as the case may be, is the owner of this Bond, notwithstanding the provisions hereinabove contained, payments of principal of, redemption premium, if any, and interest on this Bond shall be made to the Securities Depository Nominee or the Securities Depository, as the case may be, by wire transfer in immediately available funds to the account of said holder as may be specified in the bond registration books maintained by the Bond Registrar or by such other method of payment as the Issuer may determine to be necessary or advisable with the concurrence of the Securities Depository. In addition, so long as a book-entry system is used for determining beneficial ownership of Bonds, if less than all of the Bonds of any one maturity shall be called for redemption, the Securities Depository shall determine by lot the amount of interest of each direct participant of the Securities Depository in the Bonds within such maturity to be redeemed.

In certain events, the Issuer may replace the Securities Depository at the time with another qualified securities depository. In certain events, the Issuer may discontinue the book-entry system and deliver replacement Bonds in the form of fully registered certificates in the denomination of $5,000 or any multiple thereof in exchange for the outstanding Bonds as provided in the Resolution.

At the office of the Bond Registrar, in the manner and subject to the conditions provided in the Resolution, Bonds may be exchanged for an equal aggregate principal amount of Bonds of the same maturity, of authorized denominations and bearing interest at the same rate.

The Bond Registrar shall keep at its office the books of the Issuer for the registration of transfer of Bonds. The transfer of this Bond may be registered only upon such books and as otherwise provided in the Resolution upon the surrender hereof to the Bond Registrar together with an assignment duly executed by the registered owner hereof or his attorney or legal representative in such form as shall be satisfactory to the Bond Registrar. Upon any such registration of transfer, the Bond Registrar shall authenticate and deliver in exchange for this Bond a new Bond or Bonds, registered in the name of the transferee, of authorized denominations, in an aggregate principal amount equal to the unredeemed principal amount of this Bond, of the same maturity and bearing interest at the same rate.

The Bond Registrar shall not be required to exchange or register the transfer of any Bond during a period beginning at the opening of business 15 days before the day of the mailing of a notice of redemption of Bonds or any portion thereof and ending at the close of business on the day of such mailing or of any Bond called for redemption in whole or in part pursuant to the Resolution.

It is hereby certified and recited that all acts, conditions and things required by the Constitution and laws of North Carolina to happen, exist and be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in regular and due form and time as so required; that provision has been made for the levy and collection of a direct annual tax upon all taxable property within the geographic boundaries of the Issuer sufficient to pay the principal of and the interest on this Bond as the same shall become due; and that the total indebtedness of the Issuer, including this Bond, does not exceed any constitutional or statutory limitation thereon.

[The following paragraphs through the Certificate of Authentication
are to appear on the front side of printed Bonds.]

This Bond shall not be valid or become obligatory for any purpose or be entitled to any benefit or security under the Resolution until this Bond shall have been authenticated by the execution by the Bond Registrar of the certificate of authentication endorsed hereon.

IN WITNESS WHEREOF, said County of Wake, by resolution duly adopted by its Board, has caused this Bond to be executed with the manual or facsimile signatures of the [Chairman/Vice-Chairman] and the Clerk to the Board and its seal to be impressed or imprinted hereon, all as of the _____ day of _________, 2005.



[Manual or Facsimile Signature ]
[Chairman/Vice-Chairman]

[SEAL] [Manual or Facsimile Signature ]
Clerk to the Board of Commissioners

CERTIFICATE OF LOCAL GOVERNMENT COMMISSION

The issuance of the within Bond has been approved under the provisions of The Local Government Bond Act of North Carolina.

[Manual or Facsimile Signature]
[By: ]
[Designated Assistant]

CERTIFICATE OF AUTHENTICATION

This Bond is one of the Bonds of the series designated herein and issued under the provisions of the within-mentioned Resolution.

Date of Authentication: ________________________
ASSIGNMENT

FOR VALUE RECEIVED the undersigned registered owner thereof hereby sells, assigns and transfers unto ___________________________________________________________________________________
___________________________________________________________________________________
the within bond and all rights thereunder and hereby irrevocably constitutes and appoints __________________________________________________________________________
attorney to register the transfer of said bond on the books kept for registration thereof, with full power of substitution in the premises.
Dated: _________________
______________________
Signature Guaranteed:
____________________________
NOTICE: The assignor’s signature to this assignment must correspond with the name of the registered owner as it appears upon the face of the within bond in every particular, without alteration or enlargement or any change whatever.
[End of Bond Form]


Certificated Bonds issuable hereunder shall be in substantially the form of the Bonds registered in the name of the Securities Depository Nominee with such changes as are necessary to reflect the provisions of this resolution that are applicable to Certificated Bonds.

Section 7. The various maturities of the Bonds will be subject to redemption prior to their respective maturity as shall be designated by the County Manager or Finance Director at the time of sale of the Bonds. All or any of the maturities of the Bonds as so designated by the County Manager or Finance Director, may be nonredeemable prior to their stated maturity. If any of the Bonds are to be redeemable before their stated maturity, the provisions set forth in the remainder of this Section 7 shall apply; but such provisions shall be inapplicable if none of the Bonds are subject to redemption prior to their stated maturity.

The Bonds maturing prior to March 1, 2016 will not be subject to redemption prior to maturity. The Bonds maturing on March 1, 2016 and thereafter will be redeemable, at the option of the Issuer, from any moneys that may be made available for such purpose, either in whole or in part on any date not earlier than March 1, 2015, of the principal amount of the Bonds to be redeemed, together with interest accrued thereon to the date fixed for redemption, without premium.

If less than all of the Bonds of any one maturity shall be called for redemption then, subject to the sentence immediately following, the particular Bonds, or portions of Bonds, of such maturity to be redeemed shall be selected by lot in such manner as the Issuer in its discretion may determine; provided, however, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some whole multiple thereof and that, in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. So long as a book-entry system is used for determining beneficial ownership of Bonds if less than all of the Bonds of any one maturity shall be called for redemption, the Securities Depository shall determine by lot the amount of interest of each direct participant of the Securities Depository in the Bonds within such maturity to be redeemed. If less than all of the Bonds stated to mature on different dates shall be called for redemption, the particular Bonds, or portions thereof to be redeemed shall be called in such maturities and amounts of those maturities as shall be determined by the Issuer.

Not more than 60 days nor less than 30 days before the redemption date of any Bonds to be redeemed, whether such redemption be in whole or in part, the Issuer shall cause a notice of such redemption to be filed with the Bond Registrar and to be mailed, postage prepaid, to the registered owner of each Bond to be redeemed in whole or in part at the address of said owner appearing upon the registration books of the Issuer; provided, however, so long as a book-entry system is used for determining beneficial ownership of Bonds, such notice shall be given to the Securities Depository Nominee by certified or registered mail or by such other method as the Issuer may determine to be necessary or advisable with the concurrence of the Securities Depository. Failure to mail such notice or any defect therein as to any Bond or portion thereof shall not affect the validity of the redemption as to any Bond or portion thereof for which such notice was given as required hereby. Each such notice shall set forth the date designated for redemption, the redemption price to be paid and the maturities of the Bonds to be redeemed. In the event that Certificated Bonds are outstanding, each such notice to the registered owners thereof shall also set forth, if less than all of the Bonds of any maturity then outstanding shall be called for redemption, the distinctive numbers and letters, if any, of such Bonds to be redeemed and, in the case of any Bond to be redeemed in part only, the portion of the principal amount thereof to be redeemed. If any Bond is to be redeemed in part only, the notice of redemption shall state also that on or after the redemption date, upon surrender of such Bond, a new Bond or Bonds in principal amount equal to the unredeemed portion of such Bond will be issued.

If any Bonds, or portions thereof, are to be redeemed, the Bond Registrar shall open a separate account for the sole benefit of the bondholders whose Bonds are being redeemed, which account may be maintained by the Bond Registrar or by an agent. On or before the date fixed for redemption, moneys shall be deposited with the Bond Registrar in its capacity as such for deposit in such account to pay the principal of and the redemption premium, if any, on the Bonds or portions thereof called for redemption as well as the interest accruing thereon to the redemption date thereof.

On the date fixed for redemption, notice having been given in the manner and under the conditions hereinabove provided, the Bonds, or portions thereof so called for redemption shall be due and payable from the moneys required to be deposited in such account at the redemption price provided therefor, plus accrued interest to such date. If moneys sufficient to pay the redemption price of the Bonds, or portions thereof to be redeemed, plus accrued interest thereon to the date fixed for redemption, are held by the Bond Registrar in such account in trust for the registered owners of Bonds, or portions thereof to be redeemed, interest on the Bonds or portions thereof called for redemption shall cease to accrue, such Bonds or portions thereof shall cease to be entitled to any benefits or security under this resolution or to be deemed outstanding, and the registered owners of such Bonds or portions thereof shall have no rights in respect thereof except to receive payment of the redemption price thereof, plus accrued interest to the date of redemption.

If a portion of a Bond shall be selected for redemption, the registered owner thereof or his attorney or legal representative shall present and surrender such Bond to the Bond Registrar for payment of the principal amount thereof called for redemption and the redemption premium, if any, on such principal amount, and the Bond Registrar shall authenticate and deliver to or upon the order of such registered owner or his legal representative, without charge therefor, for the unredeemed portion of the principal amount of the Bond so surrendered, a Bond or Bonds of the same maturity, of any denomination or denominations authorized by this resolution and bearing interest at the same rate.

Section 8. The provisions of this Section 8 relating to the exchange and transfer of Bonds are subject to the provisions for operation of the book-entry system provided in Section 4 of this resolution, including the immobilization of Bond certificates with a Securities Depository during the continuation of the book-entry system. Bonds, upon surrender thereof at the office of the Bond Registrar together with an assignment duly executed by the registered owner or his attorney or legal representative in such form as shall be satisfactory to the Bond Registrar, may, at the option of the registered owner thereof, be exchanged for an equal aggregate principal amount of Bonds of the same maturity, of any denomination or denominations authorized by this resolution and bearing interest at the same rate.

The transfer of any Bond may be registered only upon the registration books of the Issuer upon the surrender thereof to the Bond Registrar together with an assignment duly executed by the registered owner or his attorney or legal representative in such form as shall be satisfactory to the Bond Registrar. Upon any such registration of transfer, the Bond Registrar shall authenticate and deliver in exchange for such Bond a new Bond or Bonds registered in the name of the transferee, of any denomination or denominations authorized by this resolution, in an aggregate principal amount equal to the unredeemed principal amount of such Bond so surrendered, of the same maturity and bearing interest at the same rate.

In all cases in which Bonds shall be exchanged or the transfer of Bonds shall be registered hereunder, the Bond Registrar shall authenticate and deliver at the earliest practicable time Bonds in accordance with the provisions of this resolution. All Bonds surrendered in any such exchange or registration of transfer shall forthwith be cancelled by the Bond Registrar. The Issuer or the Bond Registrar may make a charge for every such exchange or registration of transfer of Bonds sufficient to reimburse it for shipping charges, out-of-pocket costs and any tax, fee or other governmental charge required to be paid with respect to such exchange or registration of transfer, but no other charge shall be made by the Issuer or the Bond Registrar for exchanging or registering the transfer of Bonds under this resolution. The Bond Registrar shall not be required to exchange or register the transfer of any Bond during a period beginning at the opening of business 15 days before the day of the mailing of a notice of redemption of Bonds, or any portion thereof and ending at the close of business on the day of such mailing or of any Bond called for redemption in whole or in part pursuant to Section 7 of this resolution.

As to any Bond, the person in whose name the same shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal or redemption price of any such Bond and the interest on any such Bond shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the redemption premium, if any, and interest thereon, to the extent of the sum or sums so paid.

The Issuer shall appoint such registrars, transfer agents, depositaries or other agents as may be necessary for the registration, registration of transfer and exchange of Bonds within a reasonable time according to then current commercial standards and for the timely payment of principal, interest and any redemption premium with respect to the Bonds. The Issuer is to act as the initial registrar, transfer agent and paying agent for the Bonds (collectively the “Bond Registrar”), subject to the right of the governing body of the Issuer to appoint another Bond Registrar. The Finance Director (or such other officer who shall from time to time perform the duties of finance officer within the meaning of North Carolina General Statutes, Sec. 159-24, as it may be amended from time to time, or any successor statute), is hereby designated to act on behalf of the Issuer in carrying out its responsibilities as Bond Registrar, subject to the right of the governing body of the Issuer to designate another officer to act on its behalf, and as such shall keep at the office of the Finance Director, currently at Wake County Office Building, 336 Fayetteville Street Mall, 9th Floor, Raleigh, North Carolina 27602, the books of the Issuer for the registration, registration of transfer, exchange and payment of the Bonds.

Section 9. The actions of the County Manager and the Finance Director of the Issuer in applying to the Local Government Commission of North Carolina to advertise and sell the Bonds are hereby approved, ratified and confirmed. The Local Government Commission of North Carolina is hereby requested to ask for sealed bids for the Bonds by publishing notices and printing and distributing a Preliminary Official Statement and an Official Statement, including any supplement thereto, relating to the sale of the Bonds. The Preliminary Official Statement, proposed to be dated on or about March 4, 2005, substantially in the form presented at this meeting, and an Official Statement, proposed to be dated on or about March 15, 2005, in substantially the form of the Preliminary Official Statement presented at this meeting, with such changes as are necessary to reflect the maturities, redemption provisions, interest rates and other pricing data of the Bonds is hereby approved and the Chairman or Vice-Chairman of the Board, the County Manager and the Finance Director, respectively, of the Issuer are each hereby authorized to approve changes in such Preliminary Official Statement or Official Statement, to approve any supplement to such Preliminary Official Statement or Official Statement and to execute such Official Statement and any supplement to such Official Statement for and on behalf of the Issuer.

Section 10. The Chairman or Vice-Chairman of the Board, the County Manager and the Finance Director, respectively, of the Issuer are each hereby authorized, in the event they determine, in their discretion, such action to be appropriate and in the best interests of the Issuer in connection with the issuance of the Bonds, to engage a qualified bank or trust company to serve as escrow agent in connection with the refunding of the Bonds To Be Refunded as described in this resolution, and to negotiate, execute and deliver, on behalf of the Issuer, with the advice of bond counsel to the Issuer, an Escrow Deposit Agreement to accomplish the refunding of the Bonds To Be Refunded and to perform the obligations of the Issuer under said Escrow Deposit Agreement. The Chairman or Vice-Chairman of the Board, the County Manager and the Finance Director, respectively, of the Issuer are each hereby further authorized, in the event they determine, in their discretion, such action to be appropriate and in the best interests of the Issuer in connection with the issuance of the Bonds to engage a qualified verification agent to render the customary services of an escrow verification agent in connection with the refunding of the Bonds To Be Refunded.

Section 11. There may be printed on the reverse of each of any printed Bonds the legal opinion of Helms Mulliss & Wicker, PLLC, bond counsel to the Issuer, with respect to the validity of the Bonds, and there may be printed immediately following such legal opinion a certificate bearing the manual or facsimile signature of the Chairman or Vice-Chairman of the Board of the Issuer, said certificate to be in substantially the following form:
Section 12. The Issuer covenants that, to the extent permitted by the Constitution and laws of the State of North Carolina, it will do and perform all acts and things to comply with the requirements of the Internal Revenue Code of 1986, as amended (the “Code”), and any related regulations and procedures in order to assure that interest paid on the Bonds will not be includable in the gross income of the owners thereof for purposes of federal income taxation, except to the extent that the Issuer obtains an opinion of bond counsel to the effect that noncompliance would not result in interest on the Bonds being includable in the gross income of the owners of the Bonds for purposes of federal income taxation.

As necessary or appropriate in connection with the issuance of the Bonds, all officers, employees and agents of the Issuer are authorized and directed to provide certifications of material facts and estimates as to the reasonable expectations of the Issuer as of the date(s) the Bonds are delivered and on behalf of the Issuer to sign agreements or acknowledge instructions regarding compliance with the requirements of the Code and any related regulations and procedures relating to the Bonds.

Section 13. There are hereby created, as may be needed, appropriate funds and accounts of the Issuer for the receipt and expenditure of the proceeds of the Bonds, and appropriate debt service funds and accounts of the Issuer for the receipt and disbursement of debt service payments on the Bonds.

Section 14. The Issuer hereby undertakes, for the benefit of the beneficial owners of the Bonds to provide:

(a) by not later than seven months from the end of each fiscal year of the Issuer, commencing with the fiscal year ending June 30, 2005, to each nationally recognized municipal securities information repository (“NRMSIR”) and to the state information depository for the State of North Carolina (“SID”), if any, audited financial statements of the Issuer for such fiscal year, if available, prepared in accordance with Section 159-34 of the General Statutes of North Carolina, as it may be amended from time to time, or any successor statute, or, if such audited financial statements of the Issuer are not available by seven months from the end of such fiscal year, unaudited financial statements of the Issuer for such fiscal year to be replaced subsequently by audited financial statements of the Issuer to be delivered within 15 days after such audited financial statements become available for distribution;

(b) by not later than seven months from the end of each fiscal year of the Issuer, commencing with the fiscal year ending June 30, 2005, to each NRMSIR, and to the SID, if any, (i) the financial and statistical data as of a date not earlier than the end of the preceding fiscal year for the type of information included under heading “The County - Debt Information and -Tax Information” in the Official Statement relating to the Bonds and (ii) the combined budget of the Issuer for the current fiscal year, to the extent such items are not included in the financial statements referred to in (a) above;

(c) in a timely manner, to each NRMSIR or to the Municipal Securities Rulemaking Board (“MSRB”), and to the SID, if any, notice of any of the following events with respect to the Bonds, if material:

(1) principal and interest payment delinquencies;
(2) non-payment related defaults;
(3) unscheduled draws on debt service reserves reflecting financial difficulties; (5) substitution of any credit or liquidity providers, or their failure to perform; (d) in a timely manner, to each NRMSIR or to the MSRB, and to the SID, if any,
notice of a failure of the Issuer to provide required annual financial information described in (a) or (b) above on or before the date specified.

If the Issuer fails to comply with the undertaking described above, any beneficial owner of the Bonds may take action to protect and enforce the rights of all beneficial owners with respect to such undertaking, including an action for specific performance; provided, however, that failure to comply with such undertaking shall not be an event of default and shall not result in any acceleration of payment of the Bonds. All actions shall be instituted, had and maintained in the manner provided in this paragraph for the benefit of all beneficial owners of the Bonds.

The Issuer reserves the right to modify from time to time the information to be provided to the extent necessary or appropriate in the judgment of the Issuer, provided that:
(a) any such modification may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature, or status of the Issuer;
(b) the information to be provided, as modified, would have complied with the requirements of Rule 1 5c2- 12 issued under the Securities Exchange Act of 1934 (“Rule 15c2- 12”) as of the date of the Official Statement relating to the Bonds after taking into account any amendments or interpretations of Rule 1 5c2- 12, as well as any changes in circumstances; and
(c) any such modification does not materially impair the interests of the beneficial owners, as determined either by parties unaffiliated with the Issuer (such as bond counsel), or by the approving vote of the registered owners of a majority in principal amount of the Bonds pursuant to the terms of this bond resolution, as it may be amended from time to time, at the time of the amendment.

To the extent permitted by the U.S. Securities and Exchange Commission, the County may discharge its undertaking described above by transmitting those documents or notices electronically to www.disclosureusa.org.

Any annual financial information containing modified operating data or financial information shall explain, in narrative form, the reasons for the modification and the impact of the change in the type of operating data or financial information being provided.

The provisions of this Section shall terminate upon payment, or provision having been made for payment in a manner consistent with Rule 1 5c2-l2, in full of the principal of and interest on all of the Bonds.

Section 15. 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 financing statements, certificates, documents or other papers, including, without limitation, Letter(s) of Representations to Securities Depositories, 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.

Section 16. This resolution shall take effect upon its passage.

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PARTNERSHIP AGREEMENT WITH THE TOWN OF APEX
FOR THE ACQUISITION OF APPROXIMATELY 60 ACRES OF OPEN SPACE

The Town of Apex has requested that the County participate in the fee simple purchase of approximately 60 acres known as the Seymour Tract. This property is adjacent to 101 acres already owned by the Town and is located along Beaver Creek approximately three miles upstream of B. Everett Jordan Lake. Beaver Creek is one of the eight open space stream corridors previously identified and approved by the Board of Commissioners for acquisition.

The Town has designated the 158 acres including over 12,000 feet of frontage on Beaver Creek as a natural park to provide wildlife habitat with the flood plain acreage providing nutrient and sediment removal, flood storage and a future greenway corridor to Jordan Lake State Park and the American Tobacco Trail.

The purchase price for the 60 acres is $1,800,000. The Town has requested that the County provide $750,000. The Town will provide the remaining $1,050,000 which includes $766,751 from the NC Clean Water Management Trust Fund.

Upon motion of Commissioner Ward, seconded by Commissioner Council the Board unanimously authorized the County Manager to execute a grant agreement with the Town of Apex for Wake County to provide up to $750,000 for the acquisition of the 60 acre Seymour Tract with terms and conditions of said agreement to be acceptable to the County Attorney.
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PARTNERSHIP AGREEMENT WITH THE CITY OF RALEIGH
FOR ACQUISITION OF 52.60 ACRES OF OPEN SPACE
ADJOINING CLEMMONS EDUCATIONAL STATE FOREST

The State of North Carolina currently holds an option to purchase 99.,32 acres known as the Moore property located adjacent to the State of north Carolina Clemmons Educational State Park and adjoining the 252 acre Watson tract acquired by the State of North Carolina in partnership with Wake County in November 2004. The State secured this option with the intent of obtaining funds from the Clean Water Management Trust Fund to acquire the property. The State was unable to secure the funding needed and has requested that the City of Raleigh consider purchase of the property. The City currently leases the property for bio-solid disposal as a part of the City’s public utilities operations and would like to continue this operation on a portion of the property.

The City is requesting that Wake County consider participation in the purchase of Tract 2 as a part of the County’s open space preservation program. This proposed partnership would include the purchase by the City of the 56.20-acre Tract 2 from Lucy Moore Snakenburg for $587,500. The County would contribute $293,750 or 50 percent of the purchase price. The City and County would enter into a partnership grant agreement to assure the property would be permanently maintained as open space and that Tract 2 cannot be leased to any other party without approval by the City of Raleigh and Wake County.

The grant agreement with the City will contain the condition that should the State of North Carolina secure funding in the future for the purchase of the 56.20 acres from the City, that the City would reimburse the County for its share of the purchase price. The property would then be utilized by the State as a part of Clemmons State Forest for open space and water quality related education and research. The Raleigh City Council approved this proposal February 15, 2005, subject to consideration and approval by the Board of Commissioners.

Upon motion of Commissioner Council, seconded by Commissioner Ward, the Board unanimously authorized the County Manager to execute a grant agreement with the City of Raleigh to provide up to $293,750 for the acquisition of approximately 52.60 acres of the Lucy Moore Snakenburg property. Terms and conditions of said grant agreement to be acceptable to the County Attorney.
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WAKE COUNTY FIRE TAX DISTRICT – LONG-RANGE BUSINESS PLAN

Chairman Bryan recognized Mr. John Rukavina for presentation of the Long-Range Business Plan for Wake County Fire Tax District. The plan includes policies for fire apparatus acquisition and replacement and financial policies and endorsed processes and work to date on performance standards, staffing and stations. Recommendations are still being developed for stations and staffing.

To purchase fire apparatus, County staff and the Fire Commission request Board approval to expend up to $6.8 million. Payment of pumpers and tankers will not be due until delivery of the apparatus; however, appropriation is needed in order to award the bid. Until payment is due, staff will work with the fire service to identify the lowest cost financing alternatives available, which may include self-financing, certificates of participation, vendor financing, or bank qualified loans.

Upon motion of Commissioner Gardner, seconded by Commissioner Webb, the Board unanimously approved the fire apparatus replacement process and appropriate $6.8 million in the Fire Tax District capital fund to debt finance pumpers and tankers; the financial policies (financial model, fund balance, emergency expenditures, revenue projections, bulk purchasing) contained in the Long-Range Business Plan; and endorsement of the continued development of staffing, station and performance standard policies.
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MEMORANDUM OF UNDERSTANDING REGARDING CLAYTON BYPASS
(RESOURCE CONSERVATION OVERLAY DISTRICT II)

The North Carolina Department of Transportation is proposing to construct the Transportation Improvement Program Project R-2552, known as the Clayton Bypass. The US Fish and Wildlife Service is concerned that this project may have a negative impact on the Dwarf Wedge Mussel which is listed as a federally endangered species. Since the Dwarf Wedge Mussel is an endangered species, NCDOT must demonstrate to the US Fish and Wildlife Service that appropriate conservation measures are in place before the project can continue.

In order to demonstrate Wake County’s intent to protect any endangered species that may be impacted by the Clayton Bypass the County is being requested to enter into a Memorandum of Understanding with NCDOT and the US Fish and Wildlife Service, affirming that the County currently has in place specific regulations in the Zoning Ordinance that protects water quality in this area, and that the County will consider implementing an amendment to the Zoning Ordinance creating a Resource Conservation Overlay District-II throughout the portion of the Swift Creek Basin subject to County jurisdiction. The Resource Conservation Overlay District-II would require a 100-foot buffer along each side of any perennial stream located within the district.

This process will be the same as any other change that the County would consider to the Zoning Ordinance and would involve the Planning Board and the public before it is brought back to the Board of Commissioners.

Upon motion of Commissioner Ward, seconded by Commissioner Council, the Board unanimously adopted the Memorandum of Understanding contingent upon approval by the County Manager and County Attorney, with the North Carolina Department of Transportation (NCDOT) and the United States Fish and Wildlife Service in order to allow NCDOT to get its letter of concurrence from the US Fish and Wildlife Service to meet its March 29, 2005 review date for its May 2005 let date for the Clayton Bypass.

MEMORANDUM OF UNDERSTANDING BETWEEN
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION,
THE UNITED STATES FISH AND WILDLIFE SERVICE,
AND THE COUNTY OF WAKE, NORTH CAROLINA

THIS MEMORANDUM OF UNDERSTANDING (hereinafter, “MOU”) is made and entered into on the date herein below last written, by and between the STATE OF NORTH CAROLINA, acting through the DEPARTMENT OF TRANSPORTATION (hereinafter, “NCDOT”); the UNITED STATES OF AMERICA, ACTING THROUGH THE U.S. FISH AND WILDLIFE SERVICE (hereinafter, “USFWS”) and WAKE COUNTY, NORTH CAROLINA (hereinafter, “the County”), and collectively referred to hereinafter as the Parties.
RECITALS:

WHEREAS, the USFWS is authorized to enter into agreements with NCDOT and the County in accordance with the Endangered Species Act (18 U.S.C. 1531, et seq.; as amended) (hereinafter, “ESA”);

WHEREAS, NCDOT and the County are authorized to enter into agreements with USFWS;

WHEREAS, NCDOT proposes to construct Transportation Improvement Program Project R-2552, also known as the Clayton Bypass (hereinafter, “the Project”), which may impact the Dwarf Wedge Mussel Alasmidonta heterodon (hereinafter, “the Mussel”), which is listed as a Federally endangered species;

WHEREAS, NCDOT desires to minimize the impacts of the Project on the Mussel;

WHEREAS, it has been determined in consultation with USFWS that the following measures will help minimize the potential effects to the Mussel or its habitat resulting from the Project; and
1. NCDOT agrees to avoid and minimize potential impacts to the Mussel through proposed roadway design changes and other conservation measures as described in the Biological Assessment prepared for the Project. Those measures include:

2. The County affirms that Section 1-1-26 of the Wake County Zoning Ordinance was amended on May 19,2003 to prohibit fill and new development in areas designated as “floodway” or “floodway fringe.” This applies jurisdiction-wide to lots created after May 19, 2003.

3. The County affirms that Section 2-10-3 8 of the Wake County Stormwater Control, Management and Watercourse Buffer Regulations limits the nitrogen export load for new development to 3.6 pounds per acre per year. Alternatively, residential developers have the option of making a one-time offset payment to the North Carolina Ecosystem Enhancement Program (hereinafter, “EEP”) to bring the nitrogen export load down from 6 pounds per acre per year to 3.6 pounds per acre per year; while other developers have the option of making a one-time offset payment to the Fund to bring the nitrogen export load down from 10 pounds per acre per year to 3.6 pounds per acre per year. Residential developments which exceed 6 pounds per acre per year and other developments which exceed 10 pounds per acre per year must install County-approved stormwater control measures to reduce the nitrogen export load of their development to the applicable 6 or 10 pounds per acre per year limitation to become eligible for payment offsets. Section 2-10-3 8 applies throughout the County’s jurisdiction.

4. The County affirms that pursuant to Section 2-10-40 of the Wake County Stormwater Control, Management and Watercourse Buffer Regulations, the peak stormwater runoff from any new development site shall be no greater for post development conditions than pre-development conditions for the one year, 24-hour storm event. Exemptions from this regulation include: 1) developments where the increase in peak stormwater runoff between pre-development and post development conditions for the one year, 24-hour storm is 10% or less or 2) the maximum impervious surface coverage of the lot is not more than 15% and the remaining pervious portions of the lot are used to convey and control the stormwater runoff of the lot to the maximum extent practical. Section 2-10-40 applies throughout the County’s jurisdiction. The Wake County Zoning Ordinance contains other impervious surface regulations that vary by zoning district. For residential zoning districts, the maximum impervious surface limit is 30%. This applies throughout the County’s jurisdiction.

5. The County agrees to consider the implementation of an amendment to the Wake County Zoning Ordinance creating the Resource Conservation Overlay District-II (hereinafter, “RCOD-1I”). The RCOD-II zoning district will apply throughout the portion of the Swift Creek Basin subject to County jurisdiction, and will require a 100-foot buffer along each side of any perennial stream located within that district. The ordinance amendment will list the impervious surface limits that apply in the County’s underlying zoning districts and that are required by its Stormwater Control, Management and Water Course Buffer Regulations.

6. The USFWS agrees to consider the NCDOT minimization measures listed in paragraph 1, and the County ordinances listed in paragraph 2 through 5, as conservation measures when evaluating the potential effect of the Project on the Mussel.

7. The USFWS agrees to consider the County ordinances listed in paragraph 2 through 5 as conservation measures when evaluating potential effects of future County projects, such as the Lake Benson drinking water reservoir.

8. The USFWS requires the proposed County ordinances be adopted before construction begins on the Project.

Amendment or modification of this Memorandum of Understanding may be proposed at any time but will not be adopted unless agreed to by all Parties in writing.

IN WITNESS WHEREOF, the Parties hereto have caused this Memorandum of Understanding to be executed as of the date below last written.

STATE OF NORTH CAROLINA,
acting through the DEPARTMENT OF TRANSPORTATION

By:_______________________________ Date: ______________

Its: ______________________________, Duly Authorized

UNITED STATES OF AMERICA,
acting through the U.S. Fish and Wildlife Service

By:_______________________________ Date: ______________

Its: ----______________________________, Duly Authorized



THE COUNTY OF WAKE, NORTH CAROLINA

By: ______________________________ Date: ______________

Its: _______________________________, Duly Authorized

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FRANKLIN COUNTY AND WAKE COUNTY LINE RESOLUTION

As development has increased along the Wake/Franklin County line, there has been confusion over the actual location of the line, particularly I the Richland Hills Subdivision area. This subdivision is in Wake Forest’s corporate limits. To resolve this issue Wake County staff is working with Franklin County in requesting that the State and County Boundaries Surveyor with the North Carolina Geodetic Survey, survey the Wake/Franklin County line. Staff from the two counties will review the survey and recommend to both counties’ Board of Commissioners the location of the County line for their approvals. The State will then make the line with geodetic monuments and plats will be recorded with both Register of Deeds Offices and the North Carolina Secretary of State’s Office pursuant to NCGS 153A-18a and 153A-18c.

The Commissioners received the information on the resolution of the County line, as presented, and by general consensus of the Board, staff was directed to continue to pursue the delineation of the County line and to move as expeditiously as possible.
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APPROVAL OF AN INTERLOCAL AGREEMENT WITH THE
BOARD OF EDUCATION FOR COMMUNITY USE PARK FACILITIES
AT HARRIS CREEK ELEMENTARY SCHOOL

In December 2003, the Board of Education purchased 25.68 acres on Forestville Road in Raleigh for the construction of Harris Creek Elementary School. The Board of Education and County desire to jointly develop recreational improvements on the property for use by the community. It is proposed that the terms and conditions relating to the funding, design, construction, ownership and maintenance of the recreational improvements located on school property be outlined in an interlocal agreement acceptable to the Board of Commissioners and Board of Education.

A Joint Use Agreement outlining the program, operation and maintenance responsibilities will also be executed prior to issuance of a certificate of occupancy for the community use facilities. The school system’s Community Schools Office will coordinate the scheduled use of the fields and collect user fees. The facilities will be maintained entirely by the school system similar to other community use facilities already in the system.

Upon motion of Commissioner Ward, seconded by Commissioner Council, the Board unanimously approved entering into an Interlocal Agreement with the Board of Education for the development of community use park facilities at Harris Creek Elementary School with the County’s contribution not to exceed $170,000; that a Joint Use Agreement will be executed prior to issuance of certificate of occupancy for the park facilities and each agreement will be subject to terms and conditions acceptable to the County Manager and the County Attorney.
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REQUEST FROM WAKE COUNTY BOARD OF EDUCATION
TO APPROPRIATE PLAN 2004 FUNDS

The Wake County Board of Education is requesting funds for Elementaries E9 (Forest Pines Drive) and E15 (Pippin Road) to be used to outfit the modular elementary campuses at Dubois and Wendell (Highway 97). The actual items purchased will be used at E9 and E15 when they move from the modular campuses into their permanent schools.

The current funding request totals $50,738,330 and includes $41,235,665 for construction; $2,477,745 for design; $4,066,960 for outfitting modular schools and relocating mobiles and $2,957,960 for system wide improvement, contingency, commissioning, re-roofing, permits.

Upon motion of Commissioner Ward, seconded by Commissioner Webb, the Board approved the request from the Board of Education to appropriate Plan 2004 funds for School Capital Projects. Commissioners Council, Gardner, Gurley, Ward, Webb and Chairman Bryan voted aye; Commissioner Jeffreys voted nay.

RESOLUTION
APPROVING APPROPRIATION OF PLAN 2004 FUNDING
FOR SCHOOL CAPITAL BUILDING PROJECTS
Project Description
Amount
E9 Elementary (Forest Pines)
$ 1,679,359
E15 (Pippin Road)
1,679,359
East Millbrook Middle
1,270,802
East Wake High
19,144,106
Enloe High
22,091,559
Lynn Road Elementary
1,206,943
Mobiles Units – Relocations
708,242
Ligon Middle
36,422
Millbrook High
110,327
North Garner Middle
37,704
Program Contingency
491,869
Permit Fees:
East Weak High
67,569
Enloe High
104,388
Re-Roofing (Aversboro Elem)
298,000
Systemwide Improvement Projects
Bugg Elementary
38,196
Garner High
496,754
Green Elementary
272,035
Wake Forest-Rolesville High
297,168
West Millbrook Middle
707,528
Total
$ 50,738,330



Adopted this the 21st day of February, 2005.
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ENVIRONMENTAL STEWARDSHIP AGENDA FOR 2004-05

Each year since 2002 the Wake County Board of Commissioners has adopted an Environmental Stewardship Agenda. The Environmental Stewardship Agenda provides a framework for creating a vision, identifying needs and marshalling resources to address environmental issues. It addresses water quality, parks, recreation and open space, solid waste, air quality, environmental health and safety, environmental education and environmental information.

The agenda for 2004-2005 has been reviewed by the Environmental Services Committee, the Human Services Board, the Soil and Water Conservation District Board of Supervisors and the Open Space and Parks Advisory Committee and all recommend that the Board of Commissioners receive the Environmental Stewardship Agenda.

Following the presentation and upon motion of Commissioner Council, seconded by Commissioner Webb, the Board unanimously adopted the Environmental Stewardship Agenda for 2005-2006.

(A copy of the Environmental Stewardship Agenda for 2005-2006 is made a part of these minutes and the permanent file maintained by the Clerk to the Board.)
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WAKE CRIMINAL JUSTICE RESOURCE CENTER
FY 2006 MANAGEMENT CONTRACT

The North Carolina Department of Corrections’ Criminal Justice Partnership Program provides grants that support innovative corrections programs throughout North Carolina. Wake County has been a recipient of CJPP grants for the Wake Day Reporting Center and has contracted with Carolina Correctional Services, Inc., a not-for-profit corporation, for management and operation of the Center.

The Board’s Criminal Justice Partnership Advisory Board conducted a thorough review of the activities of that Center and at its July 2004 meeting, adopted a proposal that the Center function as a “Resource” Center which under Department of Correction rules, would broaden the mission and encourage more referrals to the Center.

A contract has been negotiated with Carolina Correctional Service for operating and managing the Center in FY 2006, contingent on receipt of a CJPP grant for up to $342,915 for that purpose.

Upon motion of Commissioner Council, seconded by Commissioner Gurley, the Board unanimously authorized the County Manager to enter into an agreement for FY 2006 with Carolina Corrections Services, Inc. for continued operation and management of the Wake Criminal Justice Resource Center.
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HUMAN SERVICES STAFFING ALIGNMENT

The Wake County Human Services staff has conducted an analysis of staffing patterns across a number of program areas. The analysis reveals that in the past several years the agency has relied on temporary staff to meet some of the increases in the demand for services. It was further revealed that the demand for these services will not diminish in the foreseeable future and that the need for staff is a permanent one.

Mr. Bob Sorrels, Deputy Director of Human Services, commented on staff recommendation for staffing alignment in the following areas:

POSITIONS FTE
Child Health Clinic2.0
Health Promotion1.0
HIV/STD Clinic0.5
Maternal Health Clinic1.0
Southern Regional Center2.6
Information Management Unit4.0
Child Support Enforcement4.0
South Wilmington Street Center2.0
Customer Service Center4.0
Work First Program1.0
Child Services Coordination1.0
Ready-to-Learn Centers1.0
Cornerstone0.5

Upon motion of Commissioner Council, seconded by Commissioner Ward, the Board unanimously approved the establishment of 24.6 regular FTE positions, as outlined above, in the Wake County Human Services Department.
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REQUEST FOR RE-ISSUANCE OF LANDFILL FRANCHISE
SHOTWELL LANDFILL, INC.

Shotwell Landfill, Inc. is the current holder of a franchise to operate a Construction and Debris landfill in Wake County. It has been acquired by new owners, David King and Gary Lynch. The new owners have requested that the franchise be reissued noting the change in stock ownership of the corporation. The new stock owners have informed the County that they and the corporation ratify and adopt the franchise application previously submitted by Shotwell Landfill, Inc., and will abide by the terms and conditions of the franchise previously awarded as it may from time to time have been or may be amended.

County staff is satisfied with the operation of the landfill by Shotwell Landfill, Inc. and has not objection to re-issuance of the franchise on the same terms and conditions.

An ordinance requiring all Construction and Demolition landfill operators to obtain a franchise from the County prior to operation was enacted by the Board on September 7, 1999, Granting of a franchise requires two separate readings by the Board.

Upon motion of Commissioner Ward, seconded by Commissioner Gardner, the Board unanimously approved the request from David King and Gary Lynch for re-issuance of franchise to operate a C&D landfill.

ORDINANCE RE-ISSUING FRANCHISE TO
SHOTWELL LANDFILL, INC. FOR OPERATION OF
CONSTRUCTION AND DEMOLITION DEBRIS LANDFILL

WHEREAS, Shotwell Landfill, Inc. is the current holder of a franchise to operate a construction debris (C&D) landfill in the County; and,

WHEREAS, David King and Gary Lynch have acquired all the shares of Shotwell Landfill, Inc.; and,

WHEREAS, Shotwell Landfill, Inc, through its new owners, have adopted and ratified the application previously filed by Shotwell Landfill, Inc. for a franchise to operate a C&D landfill, and has agreed to comply with the terms and conditions of the franchise granted pursuant thereto; and,

WHEREAS, the required special use permit from the Wake County Planning Board for operation of a C&D landfill on the site identified in the application has been obtained.

NOW THEREFORE BE IT ORDAINED THAT,

Section 1. The franchise to operate a construction and demolition debris landfill previously issued to Shotwell Landfill, Inc. is hereby reissued to Shotwell Landfill, mc, through its new owners David King and Gary Lynch. The franchise operation shall be conducted in accordance with the representations made on the application submitted by Shotwell Landfill, Inc., and all amendments to that franchise. Copies of all materials submitted by Shotwell Landfill, Inc. which have been readopted by Shotwell Landfill, Inc. and its new owners are maintained in the permanent files of the Clerk to the Board. This reissued franchise shall expire coterminous with the expiration of the original franchise to Shotwell Landfill, Inc.

Section 2. Shotwell Landfill, Inc. shall provide documentation reasonably required by the County to ascertain compliance with the terms of the franchise as amended.

Section 3. This ordinance is effective upon its second reading by this Board.


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COMMITTEE REPORTS

Commissioner Webb announced that the Public Safety Committee of the Board of Commissioners is scheduled to meet Tuesday, March 22, 2005, at 2:00 p.m. in the Conference Center of the Wake County Office Building for discussion of open burning ordinance in the County and EMS issues.


Commissioner Jeffreys reminded the Board of the joint meeting with the Raleigh City Council Wednesday, February 23, 2005, at 8:00 a.m. in the Raleigh Convention and Conference Center to receive an update on the Ten-Year Plan to End Homelessness.
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OTHER BUSINESS

Chairman Bryan noted that there had been discussion about the Board of Commissioners and Board of Education meeting before the normally scheduled meeting of March 16. It was the consensus of the Board that the two boards would meet Monday, February 28, 2005, at 9:00 a.m., Webster Training Center.

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CLOSED SESSION

Upon motion of Commissioner Council, seconded by Commissioner Ward, the Board unanimously approved going into closed session to instruct staff regarding the terms and conditions of contracts to purchase the following properties for the Little River Reservoir Project: approximately 1.002 acres owned by Mildred S. Perry, et. al; approximately 0.636 acres owned by Ronnie S. Perry; approximately 0.529 acres owned by James P. and Rhonda P. Alford; approximately .028 from Ronnie S. and Carolyn D. Perry; approximately .251 acres owned by Wilbur W. Ferrell, TRS; approximately 1.296 acres owned by G. B. Pate; approximately 1.001 acres owned by Charles and Ann J. Thomas; and approximately 13.168 acres owned by William C. Vick Construction Co.; and 18.077 acres owned by Raymond Jr. Perry and Cheryl Perry.

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

As result of the information given to the Board of Commissioners in closed session, upon motion of Commissioner Council, seconded by Commissioner Webb, the Board unanimously adopted the following resolutions to facilitate the development of the Little River Reservoir Project:

RESOLUTION
AUTHORIZING CONDEMNATION TO ACQUIRE
CERTAIN PROPERTY OF RAYMOND JR PERRY AND CHERYL PERRY

WHEREAS, the governing body of the County of Wake, hereby determines that it is necessary and in the public interest to acquire certain Property owned by Raymond Jr. Perry and Cheryl Perry for the following public purposes:
WHEREAS, the proper officials and representatives of the County of Wake have been unable to acquire the needed interest in this Property by negotiated conveyance.

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE COUNTY OF WAKE THAT:
_______________________________

WHEREAS, the governing body of the County of Wake, hereby determines that it is necessary and in the public interest to acquire certain Property owned by Mildred S. Perry, et al. for the following public purposes:

WHEREAS, the proper officials and representatives of the County of Wake have been unable to acquire the needed interest in this Property by negotiated conveyance.

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE COUNTY OF WAKE THAT:

1. The County of Wake shall acquire by condemnation for the purposes stated above, the Property and interest described as follows: 2. Even though the proposed project requires condemnation of only Tract 2, Tract 1, is affected, and economy and the expenditure of public funds would be promoted by taking both Tract 1 and 2, and the interest of the public will be best served by acquiring both parcels.

3. The attorneys representing the County of Wake are directed to institute the necessary proceedings against the proper parties under Chapter 40A of the North Carolina General Statutes to acquire the Property herein described.
_____________________________


RESOLUTION
AUTHORIZING CONDEMNATION TO ACQUIRE FLOOD EASEMENT
OVER CERTAIN PROPERTY OF RONNIE S. PERRY

WHEREAS, the governing body of the County of Wake, hereby determines that it is necessary and in the public interest to acquire a flood easement over certain Property owned by Ronnie S. Perry for the following public purposes:
WHEREAS, the proper officials and representatives of the County of Wake have been unable to acquire the needed interest in this Property by negotiated conveyance.

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE COUNTY OF WAKE THAT:

1. The County of Wake shall acquire by condemnation for the purposes stated above, the Property and interest described as follows:
2. The attorneys representing the County of Wake are directed to institute the necessary proceedings against the proper parties under Chapter 40A of the North Carolina General Statutes to acquire the Property herein described.
_____________________________


RESOLUTION
AUTHORIZING CONDEMNATION TO ACQUIRE FLOOD EASEMENT OVER
CERTAIN PROPERTY OF RONNIE S. AND CAROLYN D. PERRY

WHEREAS, the governing body of the County of Wake, hereby determines that it is necessary and in the public interest to acquire a flood easement over certain Property owned by Ronnie S. Perry and Carolyn D. Perry for the following public purposes:
WHEREAS, the proper officials and representatives of the County of Wake have been unable to acquire the needed interest in this Property by negotiated conveyance.

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE COUNTY OF WAKE THAT:

1. The County of Wake shall acquire by condemnation for the purposes stated above, the Property and interest described as follows: 2. The attorneys representing the County of Wake are directed to institute the necessary proceedings against the proper parties under Chapter 40A of the North Carolina General Statutes to acquire the Property herein described.
________________________________

RESOLUTION
AUTHORIZING CONDEMNATION TO ACQUIRE FLOOD EASEMENT OVER
CERTAIN PROPERTY OF JAMES P. AND RHONDA P. ALFORD

WHEREAS, the governing body of the County of Wake, hereby determines that it is necessary and in the public interest to acquire a flood easement over certain Property owned by James P. and Rhonda P. Alford for the following public purposes: WHEREAS, the proper officials and representatives of the County of Wake have been unable to acquire the needed interest in this Property by negotiated conveyance.

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE COUNTY OF WAKE THAT:

1. The County of Wake shall acquire by condemnation for the purposes stated above, the Property and interest described as follows:
2. The attorneys representing the County of Wake are directed to institute the necessary proceedings against the proper parties under Chapter 40A of the North Carolina General Statutes to acquire the Property herein described.
___________________________________


RESOLUTION
AUTHORIZING CONDEMNATION TO ACQUIRE
CERTAIN PROPERTY OF WILBUR W. FERRELL, TRS

WHEREAS, the governing body of the County of Wake, hereby determines that it is necessary and in the public interest to acquire certain Property owned by Wilbur W. Ferrell, TRS for the following public purposes: WHEREAS, the proper officials and representatives of the County of Wake have been unable to acquire the needed interest in this Property by negotiated conveyance.

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE COUNTY OF WAKE THAT:

1. The County of Wake shall acquire by condemnation for the purposes stated above, the Property and interest described as follows: 2. The attorneys representing the County of Wake are directed to institute the necessary proceedings against the proper parties under Chapter 40A of the North Carolina General Statutes to acquire the Property herein described.

_____________________________________


RESOLUTION
AUTHORIZING CONDEMNATION TO ACQUIRE
CERTAIN PROPERTY OF G.B. PATE

WHEREAS, the governing body of the County of Wake, hereby determines that it is necessary and in the public interest to acquire certain Property owned by G.B. Pate for the following public purposes: WHEREAS, the proper officials and representatives of the County of Wake have been unable to acquire the needed interest in this Property by negotiated conveyance.

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE COUNTY OF WAKE THAT:

1. The County of Wake shall acquire by condemnation for the purposes stated above, the Property and interest described as follows:
2. The attorneys representing the County of Wake are directed to institute the necessary proceedings against the proper parties under Chapter 40A of the North Carolina General Statutes to acquire the Property herein described.
________________________________


RESOLUTION
AUTHORIZING CONDEMNATION TO ACQUIRE
CERTAIN PROPERTY OF CHARLES AND ANN J. THOMAS

WHEREAS, the governing body of the County of Wake, hereby determines that it is necessary and in the public interest to acquire certain Property owned by Charles Thomas and Ann J. Thomas for the following public purposes: WHEREAS, the proper officials and representatives of the County of Wake have been unable to acquire the needed interest in this Property by negotiated conveyance.

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE COUNTY OF WAKE THAT:

1. The County of Wake shall acquire by condemnation for the purposes stated above, the Property and interest described as follows:
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RESOLUTION
AUTHORIZING CONDEMNATION TO ACQUIRE
CERTAIN PROPERTY OF WILLIAM C. VICK CONSTRUCTION CO.
WHEREAS, the governing body of the County of Wake, hereby determines that it is necessary and in the public interest to acquire certain Property owned by William C. Vick Construction Co. for the following public purposes: WHEREAS, the proper officials and representatives of the County of Wake have been unable to acquire the needed interest in this Property by negotiated conveyance.

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE COUNTY OF WAKE THAT:

1. The County of Wake shall acquire by condemnation for the purposes stated above, the Property and interest described as follows:
2. The attorneys representing the County of Wake are directed to institute the necessary proceedings against the proper parties under Chapter 40A of the North Carolina General Statutes to acquire the Property herein described.
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There being no further business to come before the Board at this time, Chairman Bryan recessed the meeting until Wednesday, February 23, 2005, at 8:00 a.m., Raleigh Convention and Conference Center, upon the motion of Commissioner Ward, seconded by Commissioner Gardner and the unanimous vote of the Board.
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Respectfully submitted:

Gwen Reynolds
Clerk to the Board