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    Minutes of 06-21-04 Board of Commissioners' Meeting (adopted)
WAKE COUNTY BOARD OF COMMISSIONERS
MINUTES
June 21, 2004

The Wake County Board of Commissioners met in regular session Monday, June 21, 2004, at 2:00 p.m. in the Commissioners’ Room, 7th Floor, Wake County Courthouse, Raleigh, North Carolina. Members present were Commissioners Joe Bryan, Herbert H. Council, Tony Gurley, Phil Jeffreys, Betty Lou Ward, Harold H. Webb and Chairman Kenneth M. Gardner.

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

Chairman Gardner called the meeting to order.
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PLEDGE OF ALLEGIANCE

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INVOCATION

Commissioner Council offered the invocation.

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APPROVAL OF AGENDA

Upon motion of Commissioner Council, seconded by Commissioner Webb, the Board unanimously approved the agenda with the following revisions: the addition of 1) tribute to Mr. Jim McKay, deceased member of the Wake County Nursing Home Community Advisory Committee; 2) Capital Area Preservation Anthemion Award, 3) Separate the discussion and vote on the Wake County fiscal year 2005 Operating and Capital Budgets into two items--Schools' Budget and the Remaining County Budget, 4) approval of minutes of May 20, 2004 Joint Session; and rescheduling recognition of Mrs. Ruth Holleman until the next meeting.
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APPROVAL OF MINUTES

Upon motion of Commissioner Ward, seconded by Commissioner Webb, the Board unanimously approved the minutes of May 20, 2004, and June 7, 2004.

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RESOLUTION HONORING THE MEMORY
OF JIMMY B. HOLLAND

Mr. Jimmie Holland, a former County employee, passed away May 28, 2004. He had a long career with Wake County government and served in a number of roles including Assistant County Manager and Director of Public Safety.

The Board of Commissioners is being asked to consider adopting a resolution to the memory of Mr. Holland.

Commissioner Council was recognized to read aloud a draft resolution and, by general consensus, the Board adopted the resolution honoring the memory of Jimmie B. Holland.

Chairman Gardner presented the framed resolution to Ms. Fay Holland Congleton, the sister of the deceased. Following comments and reflections, the Commissioners greeted each of the Holland family members attending today's meeting.
RESOLUTION
HONORING JIMMIE B. HOLLAND

WHEREAS, Jimmie B. Holland, who was a dedicated public servant, died May 28, 2004; and

WHEREAS, Jimmie B. Holland played a significant role in the evolution of Wake County Government; and

WHEREAS, Jimmie B. Holland held numerous leadership positions during his tenure with Wake County, including Director of the Wake County Department of Natural Resources, Assistant County Manager and Director of Public Safety; and

WHEREAS, Jimmie B. Holland played a vital role in the achievement of several important accomplishments, including the development of the Crabtree Creek Watershed Project and the implementation of the First Responder emergency medical response program; and

WHEREAS, Jimmie B. Holland had a strong belief in public service and worked tirelessly to improve the quality of life in Wake County.

NOW, THEREFORE BE IT RESOLVED that this resolution be entered into the minutes of the Wake County Board of Commissioners as a record of the achievements of and respect for one of Wake County’s finest employees, and that the original be presented to the family of Jimmie B. Holland with sincere sympathy and appreciation.

Adopted this the 21st day of June 2004.

_________________________________
Kenneth M. Gardner, Chairman
Wake County Board of Commissioners
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RETIREE RECOGNITION – CAM FRAZIER

Mr. Cam Frazier, Wake County Finance Director, is retiring after 30-plus years of service. He was hired as Assistant Finance Director in 1986 and was promoted to Finance Director in 1990. Under Mr. Frazier's leadership, Wake County has maintained AAA bond ratings by national rating agencies and received the Governmental Financial Officers Association's Certificate of Excellence every year.

County Manager David Cooke was recognized to make an award presentation. He stated that there being no higher rating than those maintained by the County over the years, a new rating had been declared just for Cam, the "Credit Altogether Magnificent" Rating Award or the "CAM" Rating Award. In recognition of his retirement, the award was signed by all three bond rating agencies--Standard and Poor's, Moody's and Fitch.

Following comments, the Commissioners congratulated and extended best wishes to Mr. Frazier on his upcoming retirement.

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RECOGNITION OF SCOTT ALLEN
2004 RECIPIENT OF THE
OUTSTANDING INDIVIDUAL ACHIEVEMENT AWARD

On April 29, 2004, Mr. Scott Allen of Wake County Animal Control was awarded the Outstanding Individual Achievement Award, given annually by the Eastern District North Carolina Public Health Association. The award is given to those persons who have demonstrated outstanding achievement in a specific health-related project, program or activity within the past two years. Recipients must be instrumental in providing significant local, regional and state impact as a result of implementing a project, program or activity.

Mr. Rick Rowe, Director of Environmental Services, made introductory remarks. He then called on Mr. Terry Chappell of Environmental Services to present information supporting Mr. Allen's selection.

Mr. Allen is recognized regionally and statewide as a leader in the field of Animal Control and has been actively involved in the development of the County Animal Protection Plan, the Bioterrorism Task Force, the North Carolina State Animal Response Team and the Overpopulation Task Force. He has also been involved with the coordination of animal control efforts with municipalities.

Following the presentation, the Commissioners congratulated Mr. Allen on receiving the Outstanding Individual Achievement Award, by the Eastern District of the North Carolina Public Health Association.
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RALEIGH-DURHAM AIRPORT AUTHORITY UPDATE

Mr. Michael Weeks and Mr. Steve Zaytoun, Wake County's appointees to the Raleigh-Durham Airport Authority, were recognized to give an update on Airport Authority activities.

Their report included information on customer service and development: the Airport boasts approximately 500 daily flights; 38 non-stop designations; ten major airlines with American and American Eagle the leading carriers, followed by Delta, Southwest, and US Airways; 90 percent of passengers begin and end their destination at the Airport; and the upcoming tenth anniversary of the popular London service.

Mr. Zaytoun reported on the customer service program: Exit express, frequent parking pass, valet parking, USO Club for transitioning military passengers and more food retail facilities. The Airport now has 11,000 parking spaces within walking distance of the two terminals.

Information was also presented on the General Aviation Terminal with additional hangars, a restaurant, meeting rooms and observation area; the redevelopment of Terminal C, to be followed by improvements to Terminal A. It was noted that the first bonds issued (1987) for Terminal C runway will be paid off this year.

Following a brief question/answer period, the Commissioners received the update as presented.
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TRIBUTE TO MR. JIM MCKAY

Commissioner Ward reported that Mr. Jim McKay, a member of the Wake County Nursing Home Community Advisory Committee, died this past week. She stated that Mr. McKay was a gentleman and cared about the people in Wake County, he was a very active member of the Committee and spent many hours at the Whitaker Mill Senior Center. The members of the Committee would like to remember Mr. McKay in a special way and have established a fund, with a $500 check being presented today to start the fund (forwarded to County Manager), for that purpose.

Commissioner Ward moved approval of establishing a fund and endorsement of the concept of placing a bench at the Whitaker Mill Senior Center to the memory of Mr. Jim McKay, as recommended by the Nursing Home Community Advisory Committee. The motion was seconded by Commissioner Jeffreys and was unanimously approved.
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ANTHEMION AWARD

Commissioner Bryan brought to the Board's attention that the Board of Commissioners recently received an "Anthemion Award" by the Capital Area Preservation, Inc. (CAP). This award recognizes outstanding dedication and commitment to excellence in historic preservation in Wake County, specifically for the Mark's Creek Rural Lands Project.

Commissioner Bryan commented on the Project and partners involved. He expressed appreciation to CAP for recognizing the County's efforts to protect our rural lands and water quality for generations to come.
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FINAL FISCAL YEAR 2004 BUDGET REVISION

In projecting to the end of the fiscal year, a final budget revision is recommended to account for additional expenditures with associated revenues, for unanticipated expenditures and for increasing transfers to other funds. Any increase in the total budget of a fund requires approval of the Board of Commissioners.

The fiscal year 2004 year-end ordinance addresses four issues:

1. Human Services
    Additional Human Services Medicaid revenues and contract payments for mental health services.
Revenue: $5,200,000
General Fund – Intergovernmental Revenue

Expenditures: $5,200,000
General Fund – Human Services
2. Transfer to Risk Management Fund
    Additional funds needed in the Risk Management Fund to cover health insurance expenses and liability payments from increased worker’s compensation costs related to the Sheriff’s Office
Revenue: $1,629,000
General Fund – Sales Tax/Undesignated Fund Balance

Expenditures: $1,629,000 General Fund – Transfer to Risk Management Fund
3. General Services Administration and Building Renovations
    Additional expenses in the Capital Improvement Fund – Building Renovations to cover chiller replacement and related improvements in County Office Building and Courthouse and to provide funds to accomplish move of all renovations and repairs from the operating budget to the Capital Improvement Fund
Revenue: $3,378,000
General Fund – Sales Tax/Undesignated Fund Balance

Expenditures: $3,378,000
General Fund – Reduce General Services Appropriation ($164,000)
General Fund – Increase Transfer to Capital Improvement Fund $3,542,000
4. Debt Service Fund
    Additional funds in the Debt Service Fund to cover additional debt service and issuance costs associated with bond financings and refinancings
Revenue: $2,545,000
Debt Service Fund – Bond Premium Revenue
Expenditures: $2,545,000
Debt Service Fund – Principal, Interest and Issuance Costs

Upon motion of Commissioner Bryan, seconded by Commissioner Ward, the Board unanimously approved the budget revisions as presented and outlined above.
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FEDERAL AVIATION ADMINISTRATION GRANT OFFER TO
CONSTRUCT EMBANKMENTS AT EACH END
OF RUNWAY 5R-23L

The Raleigh Durham Airport Authority is planning to accept a grant offer from the Federal Aviation Administration in the near future. Wake County, along with the City of Raleigh, Durham County and the City of Durham, are required to accept grant offers made by the FAA under the Airport Improvement Program.

The grant offer, expected to be in the amount of $700,000, is for constructing limited embankments on each end of the Runway 5R-23L in order to upgrade the runway safety area to meet current applicable FAA design standards and provide a safer runway environment. The project includes all the necessary relocations of the instrument landing and approach lighting systems as well as a service and access road.

Upon motion of Commissioner Webb, seconded by Commissioner Jeffreys, the Board unanimously approved the acceptance of the grant offer from the Federal Aviation Administration to construct embankments at each end of the Runway 5R-23L, Raleigh-Durham Airport.
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SECOND READING OF THE JOHNSTON AMBULANCE SERVICE
CONVALESCENT TRANSPORT AMBULANCE FRANCHISE RENEWAL REQUEST

Johnston Ambulance Service Inc., of Raleigh, North Carolina, is requesting renewal of its ambulance franchise for operation of a convalescent care medical transport service pursuant to the provisions of Chapter 2-7, Article III of the Wake County Code of Ordinances. The request was approved by the Board of Commissioners on June 7, 2004, and requires a second reading and approval at today’s meeting.

Upon motion of Commissioner Gurley, seconded by Commissioner Council, the Board unanimously approved the renewal of the ambulance franchise for Johnston Ambulance Service, Inc., a convalescent care ambulance service, subject to approval by the County Manager based on a finding of compliance by the Director of the Emergency Medical Services Division of the Department of Public Safety with Chapter 2-7, Article III, Wake County Code of Ordinances and all applicable State statutes and regulations.
ORDINANCE GRANTING FRANCHISE TO
JOHNSTON AMBULANCE SERVICE
FOR OPERATION OF A CONVALESCENT CARE AMBULANCE SERVICE

WHEREAS, Johnston Ambulance Service, located in Raleigh, North Carolina, has applied for renewal of a franchise for operation of a convalescent care ambulance transport service in Wake County; and

WHEREAS, Chapter 2-7, Article III of the Wake County Code of Ordinances authorizes the grant of such a franchise by the Wake County Board of Commissioners; and

WHEREAS, Johnston Ambulance Service’s franchise request has been reviewed and given preliminary approval by the Director of the Division of Emergency Medical Services of Wake County’s Department of Public Safety; and

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

NOW, THEREFORE, BE IT ORDAINED, THAT Johnston Ambulance Service, Inc. be granted a franchise of five years’ duration for the delivery of convalescent care ambulance transport service in Wake County, North Carolina, PROVIDED that such franchise be issued by the County Manager only upon a finding of compliance with the provision of Chapter 2-7, Article III of the Wake County Code of Ordinances and all other applicable State statutes and regulations governing such ambulances services on the part of Johnston Ambulance Service by the Director of the Emergency Medical Services Division of Wake County’s Department of Public Safety, a copy of which finding shall be maintained in the permanent files of the Clerk to the Board, and, PROVIDED FURTHER, that if Johnston Ambulance Services does not offer the services authorized by this Ordinance, or discontinues the services authorized by this Ordinance during the life of the Franchise, then, upon sixty (60) days’ notice by Wake County, the franchise authorized herein shall be declared null and void.
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SECOND READING OF THE TRI-STAR MEDICAL TRANSPORT CONVALESCENT
TRANSPORT AMBULANCE FRANCHISE RENEWAL REQUEST

Tri-Star Medical Transport, Inc., of Raleigh, North Carolina, is requesting renewal of its ambulance franchise for operation of a convalescent-care medical transport service pursuant to the provisions of Chapter 2-7, Article III of the Wake County Code of Ordinances. Tri-Star Medical Transport provides convalescent ambulance transportation services through contracts with health care agencies, nursing homes and hospitals.

This request was approved by the Board of Commissioners on June 7, 2004, and requires a second reading and approval at today’s meeting.

Upon motion of Commissioner Ward, seconded by Commissioner Webb, the Board unanimously approved the renewal of the ambulance franchise for Tri-Star Medical Transport Inc., a convalescent care ambulance service, subject to approval by the County Manager based on a finding of compliance by the Director of the Emergency Medical Services Division of the Department of Public Safety with Chapter 2-7, Article III, Wake County Code of Ordinances and all applicable State statutes and regulations.
ORDINANCE GRANTING FRANCHISE TO TRI-STAR MEDICAL TRANSPORT
FOR OPERATION OF A CONVALESCENT CARE AMBULANCE SERVICE

WHEREAS, Tri-Star Medical Transport, located in Raleigh, North Carolina, has applied for renewal of a franchise for operation of a convalescent care ambulance transport service in Wake County; and

WHEREAS, Chapter 2-7, Article III of the Wake County Code of Ordinances authorized the grant of such a franchise by the Wake County board of Commissioners; and

WHEREAS, Tri-Star Medical Transport’s franchise request has been reviewed and given preliminary approval by the Director of the Division of Emergency Medical Services of Wake County’s Department of Public Safety; and

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

NOW, THEREFORE, BE IT ORDAINED, THAT Tri-Star Medical Transport, Inc. be granted a franchise of five years’ duration for the delivery of convalescent care ambulance transport service in Wake County, North Carolina PROVIDED that such franchise be issued by the County Manager only upon a finding of compliance with the provisions of Chapter 207, Article III of the Wake County Code of Ordinances and all other applicable State statutes and regulations governing such ambulances services on the part of Tri-Star Medical Transport by the Director of the Emergency Medical Services Division of Wake County’s Department of Public Safety, a copy of which finding shall be maintained in the permanent files of the Clerk to the Board, and, PROVIDED FURTHER, that if Tri-Star Medical Transport does not offer the services authorized by this Ordinance, or discontinues the services authorized by this Ordinance during the life of the franchise, then, upon sixty (60) days’ notice by Wake County, the franchise authorized herein shall be declared null and void.
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APPROVAL OF GRANT FROM PROGRESS ENERGY FOR SUPPORT OF
SHEARON HARRIS NUCLEAR PLANT TRAINING AND EDUCATION ACTIVITIES

Beginning in 2002, Progress Energy and Wake County entered into an annual grant agreement which included an increase in Progress Energy’s financial support of activities relating to Wake County’s Radiological Emergency Response Plan. A Half-year grant of $63,000 will support the transition of the grant period from the calendar year to the County’s fiscal year and increase the grant award amount from $125,000 in 2003 to $126,000 in fiscal year 2005. All other provisions of the grant agreement will remain as previously approved by the Board of Commissioners.

Upon motion of Commissioner Jeffreys, seconded by Commissioner Bryan, the Board unanimously approved the acceptance of a grant award of $63,000 from Progress Energy to support Wake County Public Safety/Emergency Management’s Radiological Emergency Response Plan activities from January 1, 2004 through June 30, 2004.
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MEMORANDUM OF AGREEMENT FOR
OPERATIONS OF THE FALLS LAKE TRAIL IN WAKE COUNTY

The Corps of Engineers has communicated with County staff about collaborative planning effort in which the management of the North Carolina Wildlife Resources Commission segments of the Falls Lake Trail might be addressed. The goal of the agreement is to provide a framework for communication between the agencies and the Friends of the Mountains-to-Sea Trail regarding management issues and an approach to collaboratively address these management issues.

The Falls Lake Trail, developed in the early 1980’s by the Triangle Greenways Council, was constructed in segments over the next twenty years. It is 23-mile long pedestrian-only trail traversing the south shore of Falls Lake in northern Wake County. The trail is one section of the Mountains to Sea Trail, recognized by the Sate of North Carolina Division of Parks and Recreation. The Trail crosses land managed by the United States Army Corps of Engineers, the North Carolina Division of Parks and Recreation, the North Carolina Wildlife Resources Commission and Wake County through its operation of Blue Jay Point County Park. The public lands surrounding Falls Lake are owned by the United State Army Corps of Engineers and are managed by the different agencies with regard to their specific missions and mandates.

The Memorandum of Agreement does not have additional financial implication to the County nor is it expanding our services. Staff at Blue Jay Pont County Park is already performing these functions. The agreement formalizes the working relations and between all parties as well improve communication and collaboration.

Upon motion of Commissioner Council, seconded by Commissioner Gurley, the Board unanimously authorized the Chairman of the Board of Commissioners to formally execute the Memorandum of Agreement between the County of Wake, United States Army Corps of Engineers, the North Carolina Division of Parks and Recreation, the North Carolina Wildlife Resources Commission and the Friends of the Mountains to the Sea Trail.
Memorandum of Agreement
Between
The US Army Corps of Engineers
North Carolina Division of Parks and Recreation
North Carolina Wildlife Resources Commission
The County of Wake
Friends of the Mountains to Sea Trail
FOR THE OPERATION OF THE FALLS LAKE TRAIL
FALLS LAKE PROJECT in Wake County

THIS MEMORANDUM OF AGREEMENT (MOA), made and entered into by and between the County of Wake, North Carolina, hereinafter called the County, the United States Army Corps of Engineers, hereinafter called USACE, the North Carolina Division of Parks and Recreation, hereinafter called NCDPR, the North Carolina Wildlife Resources Commission, hereinafter called the Commission, and the Friends of the Mountains to Sea Trail, hereinafter called FMST;
WITNESSETH:

THAT, WHEREAS, FMST is interested in planning, designing, constructing and maintaining the Mountains to the Sea Trail at Falls Lake for recreational hiking; and

WHEREAS, the US Army Corps of Engineers is the owner of the Federal Lands at Falls Lake and these lands are to be managed for multiple purposes, with one of those purposes being public recreation; and USACE is therefore authorized to permit FMST to plan, design, construct and maintain hiking trails within those lands;

WHEREAS, the lands leased to the State of North Carolina by USACE are to be managed for multiple purposes, with one of those purposes being public recreation; and

WHEREAS, the Commission and NCDPR and the County are responsible for managing lands leased to the State of North Carolina and therefore are authorized to permit FMST to plan, design, construct and maintain hiking trails within those lands; and

WHEREAS, the County agrees to coordinate the management of the trail corridor in conjunction with the agencies that are part of this agreement and

WHEREAS, it is the purpose of this MOA to address specific operational details and responsibilities for the construction, operation and maintenance of the Falls Lake Trail.

The USACE, County, Commission and NCDPR hereby grants to the FMST permission to operate and maintain the trail corridor in conjunction with the agencies that are part of this agreement and as indicated on the attached map labeled Attachment A, and subject to further terms and conditions, as follows:

A. U.S. ARMY CORPS OF ENGINEERS AGREES:

That the interests of USACE relative to this agreement are:
Ownership of the public lands comprising the Falls Lake project.
Accountability for the public lands and natural resources of the Falls Lake project.
Active management and increased visibility of the resources of the Falls Lake project.

And commits the following resources:
Recreation and natural resource management expertise

Materials for trail construction, maintenance and improvement within the budgetary constraints of USACE.

Staffing

Enforcement authority with regard to encroachment issues.

Trail patrol and enforcement on sections of the Falls Lake Trail that traverse lands managed by USACE.
USACE may close the trail on lands managed by USACE at their discretion for any hazardous condition.


B. N.C. DIVISION OF PARKS AND RECREATION AGREES:

That the interests of NCDPR relative to this agreement are:
Promoting the development and management of a continuous trail along the south shore of Falls Lake, which will be a segment of North Carolina’s Mountains-to-Sea Trail.

Working with other trail user groups to plan, develop and manage trails on public lands within the Falls Lake lands.

And commits the following resources:
Trail expertise

Potential funding for trail construction, maintenance and educational efforts available through the Adopt-A-Trail Grant Program and the Recreational Trails Program, and other funding within budgeting constraints of NCDPR.

Staffing

Trail patrol and enforcement on sections of the Falls Lake Trail that traverse lands managed by the Division of Parks and Recreation. NCDPR may close the trail on lands managed by NCDPR at their discretion for any hazardous condition.

C. THE COMMISSION AGREES:

That the interests of the Commission relative to this agreement are:

Hunting and hunter access on lands managed by the Commission.

Habitat improvement for wildlife (Timber harvests, prescribed burns, plantings) on lands managed by the Commission.


And commits the following resources:

Resource management expertise in wildlife resource management

Active management of timber and wildlife habitat on its leased lands within the trail corridor.

Identification of equipment access points for use during forestry and wildlife management activities in order for the County to coordinate trail access needs.

Coordination of all management activities that occur within or directly adjacent to the trail with the County and shall provide advance notification to the County when management activities (timber sales, prescribed burning, etc.) require the trail to be closed.

An annual report to the County identifying tracts where prescribed burns or harvests that may affect trail usage are planned.

Staffing

Hunter education information to be included in trail information.

Enforcement authority with regard to game land rules and regulations.

Resource management expertise as it relates to wildlife and timber resource management.

D. THE COUNTY AGREES:

That the interests of the County relative to this agreement are:

Recreational opportunities of the trail.

Coordination within political jurisdictions with regard to the provision of parks and recreation facilities.

Responsiveness to public demand for trail opportunities.


And commits to the following resources:

Resource management expertise.

Infrastructure for access and educational efforts through Blue Jay Point County Park. Funding of maintenance and operational materials and supplies for the section of the trail managed by the County, within budgetary constraints of the County.

The County shall be responsible for the final inspection of all structures and improvements along the trail corridor in Wake County. Copies of all inspection reports must be provided to the USACE, the Commission and NCDPR.

Staffing

Trail patrol of the areas managed by the County and Commission. Patrolling shall include inspection reports outlining trail conditions, needed repairs and any hazardous conditions. The County may close the trail on lands managed by the County or Commission at their discretion for any hazardous condition. Copies of all inspection reports shall be provided to the USACE, the Commission and NCDPR.

Management coordination of the trail including:
Scheduling periodic inspections by all parties of the trail.

Dissemination of information by or from all parties to all parties of this agreement.

Coordination of the development of trail signs and brochures.

Coordination between parties of this agreement for any special event.

Promotion of the Trail

Special events (organized activities) that occur at the trailheads or on the trail must be approved in advance. The County shall coordinate review and receive written concurrence (e-mail is sufficient) of approval for all events from the Commission, NCDPR, and USACE. The County will coordinate with other agencies regarding scheduling special events. A special event is defined as a planned event, at or along the trail, that is estimated to generate user participation that exceeds the normal design capacity of the trailheads or trail, and may interrupt normal daily use of the surrounding properties of USACE, NCDPR, the County and/or the Commission. FMST workdays are not included in this clause, but those workdays involving the use of gas-powered equipment (string trimmers, chainsaws, etc) should be scheduled to reduce potential conflicts with other game land users.

USACE, NCDPR, the County and the Commission reserve the right to not permit any event on Federal property that is determined to be detrimental to the public lands, inconsistent with their designated purposes, or incompatible with existing uses.
Coordination with the City of Raleigh relative to current and future interests of the City with regard to the Falls Lake Trail.

Development of a trail management plan based on NCDPR’s Trail Guidelines. The Commission, USACE, NCDPR, and FMST must approve the plan. The plan shall include information on the following topics:

a. Operations and Maintenance
b. Regulations and Enforcement c. Visitation/Usage including Quantification Methods

d. Environmental Stewardship
e. Special Events
f. Agency Coordination & Procedures
g. Revenue

E. FRIENDS OF THE MOUNTAINS-TO-SEA TRAIL AGREES:

That the interests of FMST relative to this agreement are:

Hiking opportunities

Maintenance and construction of the Mountain-to-Sea Trail (MST)

Educational opportunities (Hiking education)

Promotion of the MST

And commits to the following resources:

Funding of maintenance and operational materials and supplies for the section of the trail maintained by FMST on property under the management of the Commission.

FMST shall be responsible for maintenance and operation of the trail on lands managed by the Commission and shall coordinate this maintenance and operation with USACE, NCDPR, Commission and County. FMST shall assist USACE, NCDPR and the County on the maintenance and operation of the trail on lands under the management of the USACE, NCDPR and the County, using the guidelines outlined in Attachment B of this Agreement.

Maintenance and operation activities scheduled by FMST or the County shall not conflict with Commission programs.

FMST shall assist the Commission with the posting and maintaining of game land boundary signs on the perimeter of the trailheads and any additional areas of Federal property leased or licensed for trail right of way, access roads, or other associated facilities located on, passing through, or directly adjacent to game lands. During workdays and inspections, FMST shall note the condition of game land boundary signs and report such condition in their inspection reports.

FMST shall be responsible for protection of structures and facilities under their management located in areas subject to prescribed burning.

Volunteers (Maintenance, management partnerships, education)

Provide trail patrol of the areas maintained by FMST. Patrolling shall include an inspection report outlining trail conditions, needed repairs and any hazardous conditions. FMST may recommend closure of the trail to the County. Copies of all inspection reports must be provided to the County.


F. IT IS MUTUALLY AGREED:

The Falls Lake Trail is a segment of North Carolina’s Mountains-to-Sea Trail and a designated component of the State Trails System.

NCDPR’s Trail Guidelines, labeled Attachment B, will be the basis for consistent design, construction and maintenance of the Falls Lake Trail. This document will serve as a guide only and will not hinder individual agencies in the management of their properties.

The Falls Lake Trail is constructed to standards for foot travel and is available for hiking and walking to the general public. Motorized, bicycle and equestrian traffic are prohibited on the Falls Lake Trail.

No person shall be subject to any special fees or license to use the trail.

Public safety is an interest of each managing agency. To this end:

- Each agency shall enforce the rules and regulations within its authority over the lands that it manages.

- The County is responsible for overall emergency response, fire protection and law enforcement through the Wake County Sheriffs Department
and the Wake County Department of Public Safety in the unincorporated areas of the County.

- NCDPR is the initial I primary law enforcement agency contact for trails traversing NCDPR-managed lands.

- Each agency shall provide adequate space on public notice boards and kiosks for current information on trail resources, land management
resources and activities, trail events and emergency procedures. If public notice boards or kiosks do not exist at trailhead areas, they will be
installed pursuant to Attachment B.

User education is an interest of each managing agency. To this end:

- Each agency shall provide adequate space on public notice boards and kiosks for current information on Agency mission, management
activities, rules and regulations, events, important information and emergency procedures. If public notice boards or kiosks do not exist at
trailhead/road crossing areas, they will be installed pursuant to Attachment B.

Inter-agency communication is an interest of each managing agency. To this end, the signing agencies shall endeavor to communicate on management issues, trail use, illegal activities and emergency response.

No clause of this MOA shall be construed to imply a limitation to or a burden on the function of the area for the uses outlined under the lease agreement between the State of North Carolina and USACE, or sublease agreements between the State of North Carolina and a third party.

If trail usage guidelines are not followed by users as determined by the Commission, NCDPR, the County and USAGE, then this MOA may be terminated.

Failure by the County or FMST to comply with this MOA shall be grounds for the District Engineer or the State to terminate this agreement with the County or FMST pertaining to the use of the property for trail purposes. Termination will be at no cost or liability to the United States or to the State of North Carolina.


G. IT IS HEREBY FURTHER AGREED:

That this MOA shall become effective upon its signing by the parties hereto, and shall continue in full force effective until amended or cancelled. A 30-day notice of intent to cancel must be provided in writing to all signing organizations identified below:

IN WITNESS WHEREOF, this MOA has been signed in the name of the Friends of the Mountains to Sea Trail by Jeff Brewer, President, and in the name of the North Carolina Wildlife Resources Commission by Charles R. Fullwood, Executive Director, and in the name of the County of Wake by Kenn Gardner, Chair, Wake County Board of Commissioners, and in the name of North Carolina Division of Parks & Recreation by Lewis R. Ledford, Director, and in the name of the United States Army Corps of Engineers by James P. Butler, Chief, Operations Division — Wilmington District.

FRIENDS OF THE MOUNTAINS TO SEA TRAIL

By:________________________ Date: ____________
Jeff Brewer, President


NORTH CAROLINA WILDLIFE RESOURCES COMMISSION

By:_______________________ Date: ___________
Charles R. Fullwood, Executive Director


WAKE COUNTY

By: ________________________ Date: _________
Kenn Gardner, Chair,
Wake County Board of Commissioners


NORTH CAROLINA DIVISION OF PARKS AND RECREATION

By:________________________ Date:__________
Lewis R. Ledford, Director


UNITED STATES ARMY CORPS OF ENGINEERS

By: _______________________ Date: ____________
James P. Butler, Chief, Operations Division
Wilmington District


ATTACHMENT B: OPERATIONS AND MAINTENANCE

I. Trail Maintenance Standards

a. The NCDPR Trail Guidelines shall be the basis for consistent design, construction and maintenance of the Falls Lake Trail. This document will serve as a guide only and will not hinder individual agencies in the management of their properties.

b. FMST shall accomplish quarterly maintenance including:
c. FMST shall submit a quarterly report to the County including a record of maintenance accomplished, maintenance needs, and a list of all volunteers that have worked on the trail under their supervision. The volunteer list shall include the volunteer’s names, affiliation, addresses (individual or group), and dates and hours worked.

d. In addition to the NCDPR Trail Guidelines, the following publications also serve as manuals for construction, maintenance, and design techniques:
e. The Falls Lake Trail shall be blazed with a color dot system. This blaze should be placed on both sides of trees along the trail, at a minimum of 500 feet or as needed to maintain line-of-sight between blazes. The Falls Lake Trail is marked with a three-inch circular white blaze. This is the blaze used to designate the Mountains-to-Sea Trail statewide. Repairs, rerouting or relocations of the trail must adhere to the same requirements as the original approved trail.

II. Trail Sign and Information Standards

a. The NCDPR Trail Guidelines shall be the basis for consistent trail sign and information along the Falls Lake Trail. This document will serve as a guide only and will not hinder individual agencies in the management of their properties.

b. The County, USAGE, NCDPR, the Commission, and FMST shall develop, print, and distribute an approved informational pamphlet (map) advising users of the guidelines for trail usage at all trailhead locations.

c. Installation of signs and other displays and stocking of informational pamphlets (maps) shall be accomplished by the FMST. All damaged or missing signs and displays shall be replaced in a timely manner by the FMST.

d. FMST shall inspect trailheads monthly, at a minimum.

III. Parking Areas Standards

a. FMST shall inspect the condition of the parking areas identified in Attachment A monthly, at a minimum. b. FMST shall remove litter from the parking areas as needed to keep the areas free of litter.

c. Upon request of the FMST, the County, the Commission, NCDPR, and USACE shall within their respective management areas, provide assistance in removal of abandoned items that exceed the ability of FMST volunteers to remove.

d. FMST will insure that parking area surfaces are free of potholes and obstructions. Upon request of FMST, the County, the Commission, NCDPR, and USAGE shall within their respective management areas, provide assistance in maintenance of parking area surfaces that exceeds the ability of FMST volunteers.

IV. Special Events

a. The County shall be notified in writing of any special events in advance.

b. The County shall coordinate review and receive written concurrence (e-mail is sufficient) of approval for all events from the Commission, NCDPR, and USAGE.

V. Trail Additions and Revisions

The Commission, NCDPR, USAGE and the County according to the following procedure must approve additions to and revisions of the trail route.

a. FMST shall submit a detailed map of proposed trail routes, additions, or revisions for preliminary approval before fieldwork begins.

b. The proposed trail route shall be flagged with surveyor’s tape by the FMST according to NCDPR’s Trail Guidelines. Trail placement shall avoid project boundary lines and shall be placed no closer than 20 yards from the project boundary line except where unavoidable.

c. Representatives from the following groups or agencies shall be invited to participate in the review of proposed trail routes:

d. Following field inspection, agency representatives shall submit a summary of their findings, expressing approval/disapproval of the route by letter to the County.

e. Copies of letters shall be forwarded to:

f. When construction is complete the trail shall be inspected for suitability and approved for opening to public use by the County staff.
Representatives of the Commission, NCDPR, and USAGE will be invited to participate in the inspection


ATTACHMENT C: TRAIL USAGE GUIDELINES

I. Permitted Uses

a. The Falls Lake Trail (Falls Lake portion of the Mountains to the Sea Trail) is constructed to standards for foot travel and is available for hiking and walking to the general public.

b. Motorized, bicycle and equestrian traffic are prohibited on the Falls Lake Trail.

c. Hunters licensed in North Carolina may use the portions of the trail on Commission and USACE managed areas for hunter access, with approved weapons, during hunting seasons unless otherwise posted.

d. Hunting and hunter access are not permitted on the portions of the trail in NCDPR or County managed areas. The possession of weapons is not permitted on the portions of the trail in NCDPR and County managed areas.

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

EXCHANGE OF COUNTY OWNED PROPERTY
AT THE SITE OF THE LITTLE RIVER RESERVOIR PROJECT

The Board of Commissioners previously approved the proposed exchange of approximately 5.3 acres of County-owned surplus property for an adjoining approximately 5.3 acres owned by Melvin J. Doyle. The surplus County-owned property is further identified as a portion of Wake County PIN #1788.04 50 5650. The property owned by Melvin J. Doyle is further identified as a portion of Wake County PIN #1788.04 50 7965 and is needed by the County to support the development of the Little River Reservoir Project. It is required that exchange of real property by the County be conducted in strict compliance with North Carolina General Statute 160A-271. As required by this Statute, a public notice of this proposed exchanged was published at least ten days prior to this meeting.

Upon motion of Commissioner Webb, seconded by Commissioner Ward, the Board unanimously approved the exchange of approximately 5.3 acres owned by Wake County (portion of PIN #1788.04 50 5650) for approximately 5.3 acres owned by Melvin J. and Virginia S. Doyle (portion of PIN #1788.04 50 7965); and authorized the County Manager to execute a contact on behalf of Wake County for the exchange of this property.
******************

AGREEMENT BETWEEN WAKE COUNTY AND THE
CITY OF RALEIGH THAT FINALIZES THE TRANSFER OF
ADMINISTRATIVE RESPONSIBILITIES FOR RALEIGH HISTORIC LANDMARKS

On February 17, 2003, the Wake County Board of Commissioners authorized the County Manager to negotiate and enter into agreements with Capital Area Preservation, Inc. and the City of Raleigh to provide quality, cost-efficient historic preservation services in Wake County, which included: contract with Capital Area Preservation, Inc. to administer the Wake County Historic Preservation Commission’s programs and services; and contract with the City of Raleigh to assume full responsibility for the administration of historic landmarks within the City of Raleigh.

On February 18, 2003, the City of Raleigh notified Wake county of its withdrawal from t he “Wake County Historic Preservation Commissioner Interlocal Agreement, effective July 1, 2003.

On March 1, 2003, Wake County and the City of Raleigh began transitioning the transfer of administrative responsibility for Raleigh historic landmarks and associated certificate of appropriateness application from Wake County to the City of Raleigh. Since March 1, 2003, the City of Raleigh has been providing services in accordance with the terms of two interim service contracts. The City of Raleigh is now prepared to assume full responsibility for these programs. The proposed interlocal agreement spans a five-year period. Under the terms of the agreement, Wake County would allocate $24,500 annually to the City of Raleigh.

Upon motion of Commissioner Bryan, seconded by Commissioner Gurley, the Board unanimously approved and authorized the County Manager to renew the agreement with the City of Raleigh to conduct the administrative responsibilities for Raleigh Historic Landmarks.

STATE OF NORTH CAROLINA COUNTY OF WAKE

INTERLOCAL AGREEMENT
TRANSFERRING ADMINISTRATIVE RESPONSIBILITY FOR
HISTORIC LANDMARKS LOCATED WITHIN THE CITY OF RALEIGH


THIS AGREEMENT made and entered into this ____ day of June, 2004, by and between the County of Wake (hereinafter called “County”), and the City of Raleigh (hereinafter called “City”):
WITNESSETH

THAT WHEREAS, the County’s Strategic Analysis of Historic Preservation Service Delivery recommends that administrative responsibility for Raleigh Historic Landmarks be transferred to the City; and

WHEREAS, the County has determined that it is in the public interest to establish a partnership with the City for the purpose of administering historic landmarks within the city limits of Raleigh, which does not include its extraterritorial jurisdiction (hereinafter called “Service Area,” and to include all such areas that the City annexes; and

WHEREAS, the City has responded favorably to these recommendations and determinations of the County, as expressed in the letter dated February 18,2003, notifying the County of the City’s withdrawal from the Wake County Historic District Preservation Commission Interlocal Agreement; and

WHEREAS, the County recognizes the City’s experience, expertise, and ability as a Certified Local Government (CLG) under the provisions of the National Historic Preservation Act to develop, implement, and administer day-to-day preservation operations and long range preservation program planning for the citizens and residents of the Service Area through the programs of its Planning Department and its designated historic preservation commission, the Raleigh Historic Districts Commission; and

WHEREAS, the services, goods, and programs offered by the City’s historic preservation program constitute a public purpose offered to benefit the citizens and residents of the Service Area, and the City desires to provide these services, goods, and programs solely for the public good and to further a public purpose; and

WHEREAS, the County desires that funds be appropriated to the City so that they may provide these services, goods, and programs;

NOW THEREFORE, in consideration of the annual sum of $24,500, to be paid by the County in four equal payments of $6,125.00 upon receipt of quarterly invoices beginning in July, 2004 and ending in June, 2009, and other considerations herein expressed, the City agrees hereby to provide the following goods, services, and programs:

1. Administration of all services, goods, and programs related to the designation of historic landmarks within the Service Area;
2. Administration of all services, goods, and programs related to the issuance of Certificates of Appropriateness for exterior changes to historic
landmarks located within the Service Area;
3. Administration of all customer service, goods, and programs as it relates to citizen, business, organizational, and governmental inquiries for
information related to historic landmarks within the Service Area;
4. Maintenance of the City’s status in good standing within the CLG program as defined in the Historic Preservation Act of 1966, amended 1980.
5. Provision to the Wake County Planning Department of a copy of the City’s “Certified Local Government Annual Report”, as well as a copy of
any correspondence from the State Historic Preservation Office relating to the City’s CLG status.
6. Provision to the Wake County Planning Department of one copy of each of the Raleigh Historic Districts Commission’s “Annual Performance
Report to the City Council” covering the period of the interlocal agreement, and quarterly invoices accompanied by quarterly activity reports.

The County agrees to transfer custodianship of all original landmark files in its possession to the City for its use and safekeeping in providing
these landmark administration services.

The term of this Agreement shall begin on the 1st day of July, 2004, and end on the 30th day of June, 2009 and may be renewed by the parties
according to such terms as they may mutually agree. Either party may terminate or amend this Agreement by giving the other party ninety (90)
days written notice of its desire to do so. In the event of such termination, the City shall provide the County with all pertinent information regarding
the current status of all efforts in any stage of progress at that time and return all original historic landmark files to the custodianship of the
County.

County of Wake

____________________________ Date ____________
David Cooke
County Manager



City of Raleigh

_____________________________ Date ____________
J. Russell Allen
City Manager
*****************

ADOPTION OF FISCAL YEAR 2005
OPERATING AND CAPITAL BUDGETS

At the May 17, 2004, Board of Commissioners' meeting, the County Manager presented the Manager's Recommended Fiscal Year 2005 General Fund budget totaling $746,960,000. At that time a schedule was approved for review and adoption of the budget. Public hearings were held June 7, 2004 and a budget work session on June 15, 2004.

At the June 15, 2004 work session, the Board recommended the following changes to the budget: reduction of the Board of Commissioners' contingency by $100,000 from $600,000 to $500,000; and an increase of Fire Tax District Fund by $18,846 from $15,966,591 to $16,105,437.

Wake County Public Schools Budget

Following comments and discussion, Commissioner Council moved approval of the County Manager's Recommended Budget for Schools ($234,405,000). The motion was seconded by Commissioner Bryan and upon vote, the motion was approved. Commissioners Bryan, Council, Gurley, Webb and Chairman Gardner voted aye. Commissioner Jeffreys and Ward voted nay.

The Chairman then called for the vote on the remaining County budget and ordinances.

Remaining County Budget

Commissioner Council moved approval of the remaining portion of the County's budget and ordinances, as recommended by the County Manager, and the revisions from the Commissioners' budget work session of June 15, 2004. The motion was seconded by Commissioner Jeffreys and upon vote, the motion was unanimously approved.
OPERATING BUDGET ORDINANCE FOR FISCAL YEAR 2005

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

Section 1: The following amounts are hereby appropriated in the General Fund for the operation of the County government and its activities for the fiscal year beginning July 1, 2004 and ending June 30, 2005:
    General Government
      Board of Commissioners
$ 443,517
      County Manager
1,069,438
      County Attorney
975,307
      Board of Elections
2,104,236
      Budget & Management Services
525,816
      Facilities Design & Construction
805,743
      Finance
2,240,815
      General Services Administration
21,357,600
      Human Resources
1,403,052
      Information Services
8,135,027
      Planning
1,395,172
      Register of Deeds
2,724,021
      Revenue
4,375,235
    Community Services
18,657,972
    Environmental Services
7,606,477
    Human Services
215,773,066
    Public Safety
23,781,492
    Education:
      Wake County Public Schools:
      Current Expense
234,405,000
      Community Use of Schools
410,000
      Wake Technical Community College:
      Current Expense
11,500,000
    Sheriff
44,002,260
    Non-Departmental:
      Medical Examiner
200,000
      Membership Agencies
327,653
      Public Agencies
2,060,250
      Non-Departmental Services
1,258,500
      Reserve for Salary and Benefit Increases
4,238,351
    Transfers:
      Transfer to Capital Projects Fund
17,371,000
      Transfer to Debt Service Fund
115,238,000
      Transfer to Revaluation Reserve
975,000
Transfer to Risk Management
1,000,000
    Contingency
500,000
      TOTAL GENERAL FUND APPROPRIATION
$ 746,860,000

Section 2: It is estimated that the following revenues will be available in the General Fund for the fiscal year beginning July 1, 2004 and ending June 30, 2005:

      Ad Valorem Taxes
$ 425,826,442
      Sales Tax
117,530,000
      Tax Penalties and Interest
1,375,000
      Lease/Rental Vehicle Tax
2,000,000
      Payment in Lieu of Taxes
20,000
      Real Property Transfer (Excise) Tax
5,800,000
      Other Taxes
1,895,000
      Federal Shared Revenues
9,254,962
      State Shared Revenues
88,952,543
      Local Shared Revenues
4,504,249
      Licenses and Permits
2,676,700
      Charges for Services
76,804,770
      Investment Earnings
67,151
      Miscellaneous
798,712
      Transfers from Other Funds
563,220
      Appropriation Fund Balance
8,791,251
      TOTAL GENERAL FUND REVENUE
$ 746,860,000

Thirty percent (30%) of the proceeds from the local half-cent sales and use tax authorized levied July 1, 1984 under authority of Article 40 of the North Carolina General Statutes and sixty percent (60%) of the local half-cent sales and use tax authorized levied October 1, 1986 under the authority of Article 42 of the North Carolina General Statutes are hereby declared to be included in the appropriation for school capital outlay, capital projects, and/or school debt service.

Section 3: The following is hereby appropriated in the Debt Service Fund for the fiscal year beginning July 1, 2004 and ending June 30, 2005 for the purpose of paying debt service commitments:
__________

Section 4: It is estimated that the following revenue will be available in the Debt Service Fund for the fiscal year beginning July 1, 2004 and ending June 30, 2005:

Transfer from General Fund – Ad valorem $97,453,000
Transfer from General Fund – Sales Tax 17,785,000
Transfer from Major Facilities Fund 991,000
Interest Income 2,156,708
__________

TOTAL DEBT SERVICE FUND REVENUE $118,385,708

Section 5: The following is hereby added as an appropriation in the Revaluation Reserve Fund for the fiscal year beginning July 1, 2004 and ending June 30, 2005 for the purpose of conducting a revaluation of real property within Wake County:

Revaluation Expenses $975,000
__________

TOTAL REVALUATION RESERVE FUND APPROPRIATION $975,000

Section 6: It is estimated that the following additional revenue will be available in the Revaluation Reserve Fund for the fiscal year beginning July 1, 2004 and ending June 30, 2005:

Transfer from General Fund $975,000
__________

TOTAL REVALUATION RESERVE FUND REVENUE $975,000

Section 7: The following is hereby appropriated in the 911 Special Revenue Fund for the fiscal year beginning July 1, 2004 and ending June 30, 2005 for the purpose of maintaining an Emergency 911 system in Wake County:

Emergency 911 Recurring Expenses $1,219,722
__________

TOTAL 911 SPECIAL REVENUE FUND APPROPRIATION $1,219,722

Section 8: It is estimated that the following revenue will be available in the 911 Special Revenue Fund for the fiscal year beginning July 1, 2004 and ending June 30, 2005:

911 Surcharge $1,219,722
__________

TOTAL 911 SPECIAL REVENUE FUND REVENUE $1,219,722

Section 9: The following is hereby appropriated in the Solid Waste Enterprise Fund for the fiscal year beginning July 1, 2004 and ending June 30, 2005:

Operating Expenses $17,457,400
__________

TOTAL SOLID WASTE ENTERPRISE FUND APPROPRIATION $17,457,400

Section 10: It is estimated that the following revenue will be available in the Solid Waste Enterprise Fund for the fiscal year beginning July 1, 2004 and ending June 30, 2005:

Disposal and License Fees $15,726,900
Intergovernmental Revenue 790,000
Miscellaneous 51,500
Interest Income 400,000
Fund Balance Appropriated 489,000
__________

TOTAL SOLID WASTE ENTERPRISE FUND REVENUE $17,457,400


Section 11: The following amount is hereby appropriated in the Risk Management Internal Service Fund for the fiscal year beginning July 1, 2004 and ending June 30, 2005:

Risk Management Expenses $21,078,140
__________

TOTAL RISK MANAGEMENT INTERNAL SERVICE FUND
APPROPRIATION $21,078,140


Section 12: It is estimated that the following revenue will be available in the Risk Management Internal Service Fund for the fiscal year beginning July 1, 2004 and ending June 30, 2005:

Transfer from the General Fund $1,000,000
Investment Earnings 150,000
Appropriation from Fund Balance 3,232,237
Employee/Employer Contributions 16,695,903
__________

TOTAL RISK MANAGEMENT INTERNAL SERVICE FUND
REVENUE $21,078,140


Section 13: The following fee schedules are hereby amended to cover costs associated with service delivery:

Planning:
Zoning Atlas $100
Unified Development Ordinance $ 60
Unified Development Ordinance (CD) $ 30

Public Parking Fees:
First Half Hour $ 1
Second Half Hour $ 1
Each Additional Hour $ 1
Maximum Per Day $ 8

Emergency Medical Services Loaded Mileage Rate (per mile) $5.65 to $5.75
(equal to Medicare rates)

Environmental Services:
Onsite Wastewater permit application fee $200
Onsite Wastewater construction authorization $200
Sediment & Erosion Control Permit: Increase acreage cap from
10 acres to 20 acres at $500
per acre

Section 14: There is hereby levied a tax at the rate shown below, per one hundred dollars ($100.00) valuation of property listed for taxes as of January 1, 2004, located within the Wake County portion of the Durham-Wake Counties Research Triangle Park Research and Production Service District for the raising of revenue for said district. The estimated total of valuation of property for the special district for the purpose of taxation is as follows:
Assessed
Value Tax Rate Appropriation

Research & Production
Service District $332,019,153 1.9131 $63,518

There is hereby appropriated to the Durham-Wake Counties Research Triangle Park Research and Production service district from the net proceeds of this tax the amount, $66,620, for use by said district in such manner and for such expenditures as is permitted by law from the net proceeds of this tax, including a tax collection rate of two-tenths of one percent to be paid to Wake County for collecting the tax. In the event the actual net proceeds from the tax levy of the Research & Production Service District exceed the appropriated amount, the actual net proceeds from the tax shall constitute the appropriation from said tax levy.

Section 15: The County Manager, or his designee, is hereby authorized to transfer appropriations within a Fund as contained herein under the following conditions:

A) Subject to Section 15-C he may transfer amounts between appropriations within the same Fund. For transfers exceeding $75,000 he shall make a report of the transfer to the Board of Commissioners at the next regularly scheduled meeting of the Board following the transfer.

B) He may transfer amounts from the salary and benefits reserve to individual departmental appropriations following adoption of the budget in order to properly classify salary and benefit amount within departments.

C) He may not transfer any amounts between funds except as provided in Section 15-D.

D) He may transfer amounts from the Risk Management Internal Services Fund for departmental losses, damages, premiums, or liabilities.

E) He may not transfer from the General Fund contingency or emergency reserve appropriations.

Section 16: The County Manager, or his designee, is hereby authorized to execute contractual documents under the following conditions:

A) He may execute contracts for construction or repair projects that do not require formal competitive bid procedures.

B) He may execute contracts for: (1) purchases of apparatus, supplies, and materials, or equipment which are within budgeted appropriations; (2) leases of personal property for a duration of one year or less and within departmental appropriations; and (3) services which are within appropriations.

C) He may execute grant agreements to or from governmental units and other public, private, and non-profit organizations that are within budgeted appropriations, unless a grantor requires approval and execution by the Board of Commissioners.

D) He may execute contracts, as the lessor or lessee of buildings, land, equipment, vehicles, heavy equipment and other property provided that such leases are of one-year duration or less and that funds therefore are within budgeted appropriations.

E) He may, within budgeted appropriations, approve all change orders and amendments to contracts previously approved by the Board of Commissioners.

Section 17: The County Manager, or his designee, may authorize payment in an amount not to exceed $100,000 in settlement of any liability claims against the County or against any of its officers or employees as provided by Resolution of May 20, 1985. The County Manager shall make quarterly reports to the Board of Commissioners of any such payments.

Section 18: Funding is provided in Section 1 of this ordinance for a 3% compensation adjustment for the members of the Board of Commissioners, the members of the Wake County Board of Education, the Sheriff, and the Register of Deeds, effective with the October, 2004 payroll.

Section 19: There is hereby levied a tax at the rate of sixty and four-tenths cents (60.4) per one hundred dollars ($100.00) valuation of property listed as "Current Year Ad Valorem Tax" in Section 2 of this Ordinance.

This rate is based on an estimate total valuation of property, for the purpose of taxation, seventy billion, seven hundred seventy-five million dollars ($70,775,000,000), which is 100% of the total assessed property tax valuation, and upon a collection rate of 98.2%.

Section 20: The Revenue Administrator of Wake County is hereby authorized, empowered, and commanded to collect the taxes set forth in the tax records filed in the office of the Wake County Revenue Department in the amounts and from the taxpayers likewise therein set forth. Such taxes are hereby declared to be a first lien upon all real property of the respective taxpayers in the County of Wake, and this order shall be a full and sufficient authority to direct, require, and enable the Revenue Administrator to levy on and sell any real or personal property of such taxpayers, for and on account thereof, in accordance with law.

Section 21: Operating funds encumbered by the County as of June 30, 2004 are hereby appropriated to this budget.

Section 22: The County Manager shall distribute copies of this Budget Ordinance as appropriate.

ADOPTED this the 21st day of June 2004.
________________________

FIRE DISTRICT SPECIAL REVENUE FUND ORDINANCE

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

Section 1: It is estimated that the following revenue will be available in the Fire Tax District Special Revenue Fund for the fiscal year beginning July 1, 2004 and ending June 30, 2005:

Ad valorem taxes $15,397,778
Fund balance appropriation 707,659
__________
TOTAL FIRE TAX DISTRICT SPECIAL REVENUE FUND
REVENUE $ 16,105,437

Section 2: The following amounts for a total of $16,105,437 are hereby appropriated in the Special Revenue Fund for the Fire Tax District to specific departments for the fiscal year beginning July 1, 2004 and ending June 30, 2005:

Department / Expenditure Type
Allocation
Bay Leaf
$ 1,110,154
Durham Highway
734,153
Eastern Wake
1,154,329
Fairview
792,017
Falls
296,978
Garner
843,668
Hopkins
399,225
Rolesville
254,649
Stony Hill
562,773
Swift Creek
384,009
Wake Forest
225,007
Wake-New Hope
829,323
Wendell
851,590
Western Wake
622,728
Subtotal- Nonprofit
9,094,602
Apex
435,628
Fuquay-Varina
990,154
Holly Springs
272,586
Morrisville
571,354
Zebulon
260,526
Subtotal- Municipal
2,530,249
Compensation Plan
240,227
Small Capital, Turnout Gear and Contingency
474,220
Other Operating Expenses
155,159
Appropriation to Capital
3,610,980
Grand Total
$ 16,105,437

Section 3: There is hereby levied a tax at the rate of ten cents ($0.10) per one hundred dollars ($100.00) valuation of property listed for taxes as of January 1, 2004, located within the single special fire tax district for the raising of revenue for said special fire tax district. This rate is based on an estimate total valuation of property for the single special fire tax district, for the purpose of taxation, fifteen billion, six hundred five million dollars ($15,605,000,000) which is 100% of the total assessed property tax valuation, and upon a collection rate of 98.2% and upon a collection fee of 2.5%.

Section 4: The County Manager, or his designee, is hereby authorized to transfer appropriations within a Fund as contained herein under the following conditions:

A) Subject to Section 4-B he may transfer amounts between appropriations within the same Fund. For transfers exceeding $75,000 he shall make a report of the transfer to the Board of Commissioners at the next regularly scheduled meeting of the Board following the transfer.

B) Amounts withheld in reserves may be released to the appropriate department only after approval by the Board of Commissioners.

Section 5: Effective date of this amending ordinance is June 21, 2004.

Section 6: The County Manager shall distribute copies of this ordinance as appropriate.

ADOPTED this the 21st day of June 2004.
_________________________

MAJOR FACILITIES FUND ORDINANCE


BE IT ORDAINED by the Wake County Board of Commissioners, that the following budget ordinance for the Major Facilities Fund is hereby adopted:

Section 1: It is estimated that the following revenues will be available to fund those projects described in Section 2:

Occupancy Tax
$ 10,483,000
Prepared Food & Beverage Tax
12,119,000
Total
$ 22,602,000

Section 2: The following amounts are appropriated for projects and administration of the tax collection efforts:

    3% Administration fee
$ 678,061
    City of Raleigh Hold Harmless
680,000
    Town of Cary Hold Harmless
508,425
    Greater Raleigh Convention and Visitor’s Bureau
2,789,377
    Centennial Authority Operations
1,303,830
    RBC Center – Debt Service
5,209,000
    Five County Stadium – Debt Service
991,000
    City of Raleigh Annual Distribution
1,000,000
    Wake County Annual Distribution
1,000,000
    85% Dedicated to Convention Center
7,175,961
    15% Available for future projects
1,266,346
Total
$ 22,602,000

Section 3: The Finance Director is hereby directed to maintain within the Major Facilities Fund sufficient specific detailed accounting records for each project authorized and to report annually on the financial status of this Fund.

Section 4: In the event that the actual proceeds from the tax levy of the occupancy and food/beverage taxes exceed the appropriated amount, the actual net proceeds as distributed according to the enabling legislation shall constitute the appropriation from said levy.

Section 5: Copies of this ordinance shall be filed with the County Manager and Finance Director.

ADOPTED this the 21st day of June 2004.
______________________

AFFORDABLE HOUSING PROJECT ORDINANCE
________________________
CAPITAL IMPROVEMENT PLAN ORDINANCE

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

Section 1: The following amounts are hereby appropriated in the County Capital Projects Fund for the construction and acquisition of
capital assets for the fiscal year beginning July 1, 2004:

Automation
$ 8,271,000
Community Capital Projects
500,000
County Building - General Renovations
4,873,000
County Building - Security Improvements
428,000
Criminal Justice - Detention Facilities
5,000,000
Criminal Justice - Detention Security
865,000
Criminal Justice - Judicial Services
6,865,000
Fire
2,715,000
Libraries
14,177,000
Little River Land Acquisition
1,481,000
Parks - Community Use of School Parks
750,000
Parks - Existing Facility Improvements
250,000
Parks - Yates Mill
1,200,000
Public Safety – EMS
817,000
Public Safety – Sheriff
1,056,000
Transfer to Affordable Housing Fund
1,052,000
Water/Sewer - Plan Implementation
500,000
Water/Sewer - RTP Offsite
1,061,000
Water/Sewer - RTP Onsite
250,000
Water/Sewer – Western Wake Regional Wastewater
1,500,000
Total
$ 53,611,000


Section 2: It is estimated that the following revenues will be available in the County Capital Projects Fund for the fiscal year beginning
July 1, 2004:

Bonds – Authorized
$ 14,500,000
Capital Fund Balance Appropriation
13,397,000
Grants
1,359,000
Housing Program Income
52,000
Interest Income
1,076,000
Municipal Reimbursement
50,000
Transfer In - Ad Valorem Tax
17,371,000
Transfer In - Fire Tax
3,611,000
Water/Sewer - Project Debt
1,500,000
Water/Sewer Loan Repayments
695,000
Total
$ 53,611,000


Section 3: The following amount is hereby appropriated in the Solid Waste Capital Projects Fund for the fiscal year beginning July 1, 2004:

Solid Waste
250,000


Section 4: It is estimated that the following revenue will be available in the Solid Waste Capital Projects Fund for the fiscal year beginning
July 1, 2004: Solid Waste Fund Balance Appropriation250,000
    Section 5: The following amount is hereby appropriated in the Major Facilities Capital Projects Fund for the fiscal year beginning July 1, 2004:
Major Facilities Expenditures
1,000,000

Section 6: It is estimated that the following revenue will be available in the Major Facilities Capital Projects Fund for the fiscal year beginning July 1, 2004:

Hotel/Motel & Prepared Food Tax
1,000,000


Section 7: The 2005 to 2011 Capital Improvement Plan includes projects whose funding is contingent upon the issuance of debt to be approved by voter referenda planned for November 2004. Should the voters of Wake County, North Carolina approve bond referenda for Open Space ($26 million) and Wake Technical Community College ($5 million), this capital projects ordinance will be amended accordingly.

Section 8: The Finance Director is hereby directed to maintain within the County Capital Projects Fund, the Solid Waste Capital Projects Fund and the Major Facilities Capital Projects Fund sufficient specific detailed accounting records for each capital project authorized.

Section 9: The Finance Director is directed to report annually on the financial status of each capital project and on the total revenues received.

Section 10: The capital projects funds are appropriated pursuant to section 13.2 of Chapter 159 of the General Statutes of North Carolina; therefore, appropriations do not lapse at the end of the fiscal year and are available for duration of the project unless subsequently amended by Board action.

Section 11: The County Manager, or his designee, is authorized to transfer appropriations between projects within a capital projects fund in an amount not to exceed $75,000 with an official report on such transfer presented at the next regular meeting of the Board of Commissioners.

Section 12: The County Manager shall distribute copies of this Capital Projects Ordinance as appropriate.

ADOPTED this the 21st day of June 2004
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PUBLIC COMMENTS


The Board of Commissioners desires to hear from the public about the operations and services of Wake County government. It is for that reason a time certain (3:00 p.m.) has been set aside for public comment.

Chairman Gardner recognized the following:

1. Mr. Bob Armstrong, 2728 Capital Blvd., Raleigh (Capital Community Action Network, Inc., formerly Wake Opportunities)

There were no other persons to appear before the Board. Chairman Gardner declared the public comment portion of the meeting closed.

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APPROVAL OF FUNDS IN COMMUNITIES IN SCHOOLS

Communities in Schools is a volunteer-based organization that recruits, trains and places volunteers in schools and learning centers. Volunteers act as mentors and teachers, helping children achieve academic success and lower the incidence of school dropouts. In order to sustain and increase the quality and volume of services offered, CIS is requesting additional funding from sponsoring agencies, and has requested that the County contribute $125,000 a year for the next three years.

At the Board of Commissioners' work session June 15, 2004, the Board voted unanimously to use $100,000 in contingency funds from the fiscal year 2004 general fund budget as a one-time allocation to Communities In Schools.

Ms. Classy Preston, President of Communities In Schools, was recognized for comments. She presented information on the program and cited examples of student successes.

Upon motion of Commissioner Ward, seconded by Commissioner Webb, the Board unanimously approved the allocation of $100,000 from 2004 contingency funds to Communities In Schools.
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APPROVAL OF FUNDS FOR THE
GREATER RALEIGH CHAMBER OF COMMERCE EDGE 3 CAMPAIGN

Wake County contracts with the Greater Raleigh Chamber of Commerce to offer economic development programs designed to attract new businesses to the County and retain existing businesses. The Chamber is currently engaged in a capital campaign to raise $8.5 million to implement a new program in conjunction with North Carolina State University which will attract technologically oriented employers to the County.

At the Board of Commissioners' work session June 15, 2004, the Board voted unanimously to use contingency funds from the fiscal year 2004 general fund budget to allocate $200,000 to the Greater Raleigh Chamber of Commerce.

Mr. Ken Atkins of The Greater Raleigh Chamber of Commerce, was recognized for comments and to present information on the program focus, target areas and plan of implementation.

Upon motion of Commissioner Council, seconded by Commissioner Bryan, the Board unanimously approved the allocation of $200,000 to the Greater Raleigh Chamber of Commerce from the 2004 contingency funds.
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PUBLIC HEARING
TO AMEND THE CLUSTER SUBDIVISION PORTION OF THE
CURRENT WAKE COUNTY ZONING AND SUBDIVISION ORDINANCES

Chairman Gardner announced the public hearing to consider amending the Cluster Subdivision portion of the current Wake County Zoning and Subdivision Ordinances, duly advertised as provided by statute for Monday, June 21, 2004, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.

Ms. Melanie Wilson, County Planning Director, was recognized to explain the proposed amendments. She stated that at the February 16, 2004 Board of Commissioners meeting, the Board directed staff to recommend alternative design options to conventional lot-by-lot and cluster subdivisions and to address concerns about the use of community wastewater treatment systems in conjunction with alternative subdivision designs.

The amendments propose to revise and amend the current Wake County Zoning and Subdivision Ordinances to create a third subdivision design option, Open Space Subdivision, and to regulate the use of community wastewater systems in open space areas. The highlights of the proposed changes are as follows:
Chairman Gardner declared the public hearing open and recognized the following: There being no other persons requesting to be heard, Chairman Gardner declared the hearing closed.

Ms. Robin Hammond, Vice-Chairman of the Planning Board, reported that the Planning Board recommends approval of the proposed ordinance amendments to the Wake County Zoning and Subdivision Ordinances.

Ms. Wilson reported that staff recommends that the Board of Commissioners approved the proposed ordinance amendments, as presented.

Following brief discussion, Chairman Gardner stated that after receiving the recommendations from the Planning Board and Planning staff and in light of the comments during today's public hearing that the two items be considered separately--community wastewater systems and Open Space Subdivisions--and that the Board move forward in considering that portion of the amendment related to community wastewater systems.

The Chairman then moved approval of the amendment to the Wake County Subdivision Ordinance, as presented, related to community wastewater systems. The motion was seconded by Commissioner Jeffreys and was unanimously approved.

Following discussion and clarification, Commissioner Ward withdrew the motion to approve the proposed Open Space Subdivision Ordinance amendment to the Wake County Zoning and Subdivision Ordinances.

Chairman Gardner recognized the work of the Planning Board, Planning staff and other stakeholders. He then moved that dialogue be continued for further study and review, up to two months, of the proposed Open Space Subdivision Ordinance amendment with recommendation back to the Board of Commissioners. The motion was seconded by Commissioner Bryan and was unanimously approved.
AN ORDINANCE AMENDING THE WAKE COUNTY SUBDIVISION ORDINANCE
SECTION I
The Wake County Code of Ordinances (Subdivision Ordinance), Chapter 3-4 (Required Improvements and Minimum Design Standards) is hereby amended as follows:

A. AMEND Section 3-4-3(E)(2) Cluster Subdivisions, as follows adding the underlined text:


B. AMEND Section 3-4-7 Water and Sewer Systems, as follows, repeal the existing text under Section 3-4-7 (C) Community Systems and add
the underlined text:

C. AMEND Chapter 3-5 Definitions, Section 3-5-3 Meaning of Specific Words and Terms as follows, adding the underlined text:
SECTION II

This amendment shall become effective immediately after its adoption, however any preliminary subdivision for which a complete application has been accepted by the Wake County Planning Department prior to the adoption of this amendment, shall be exempt from the requirements of this amendment.

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HOME AND COMMUNITY CARE BLOCK GRANT

The Home and Community Care Block Grant for Older Adults is federal monies made available to the local community from the Division on Aging. The monies are used to purchase services such as home-delivered and congregate meals, transportation, case assistance, respite care, adult day care, housing counseling, senior centers, etc. Federal law requires that the local jurisdiction approve the plans on how the funds will be allocated. Once approved the funds will be sent directly from Triangle J Council of Governments to Resources for Seniors and Meals on Wheels of Wake County.

These grant funds are to be made available to Wake County in the amount of $2,006,807 and have been apportioned for fiscal year 2005 as follows: Meals on Wheels $674,436 and Resources for Seniors $1,332,371. Required County matching funds of $22,979 have been included in the Manager's Recommended Budget for fiscal year 2005

Upon motion of Commissioner Ward, seconded by Commissioner Bryan, the Board unanimously approved the plans submitted by Wake County Human Services, Meals on Wheels and Resources for Seniors—Home and Community Care Block Grant funds.
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GREATER RALEIGH CONVENTION & VISITORS BUREAU
FY2004-2005 OPERATING BUDGET

Each year the Board of Commissioners of Wake County and the Raleigh City Council approve the budget for the Greater Raleigh Convention and Visitors Bureau. Ninety-five percent of the Bureau’s revenues comes from proceeds of the Occupancy and Prepared Food and Beverage taxes. The Bureau has requested that the Board approve an operating budget for fiscal year 2005 that projects tax proceeds that are slightly higher than the County and the City of Raleigh’s latest projects. The difference is $101,603.

The Raleigh City Council approved the Bureau’s budget based on the revenue projection prepared by the County. Therefore it is recommended that the Board of Commissioners approve a budget that is $101,603 less than the amount submitted by the Bureau.

Upon motion of Commissioner Webb, seconded by Commissioner Bryan, the Board unanimously approved the operating budget for the Greater Raleigh Convention and Visitors Bureau for fiscal year 2005 in the amount of $2,917,577.
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APPOINTMENTS

Following nominations and upon motion of Commissioner Ward, seconded by Commissioner Gurley, the Board approved the following appointments, including the suspension of the rules regarding the Board's Appointments Policy and term limits as it relates to Ms. Mildred Dail and Ms. Gloria Merritt of the Library Commission:

a.Wake County Adult Care Home Community Advisory Committee Ms. Marjorie Moore - term expiring 5-31-05
Ms. Carol Oriel - term expiring 5-31-05
Ms. Enid D. Patterson - term expiring 5-31-05
(nominated by Commissioner Ward)

b. Wake County Board of Human Services
Mr. Fred Barber - term expiring 11-14-04
Mr. Clarence Ridout - term expiring 11-14-04
(nominated by Commissioner Gurley)


c. Industrial Facilities and Pollution Control Financing Authority

Mr. Farad Ali - term expiring 6-30-2010
(nominated by Commissioner Ward)



d. Wake County Library Commission

Ms. Mildred Dail (District 1) - term expiring 6-30-06
Ms. Barbara Sack (at-large) - term expiring 6-30-06
(nominated by Commissioner Bryan)

Ms. Gloria Merritt (District 5) - term expiring 6-30-06
(nominated by Commissioner Webb)

Mr. Jim Connor (at-large) term expiring 6-30-06
Mr. Bryan Gossage (District 3) - term expiring 6-30-06
(nominated by Commissioner Gurley)

Mr. Michael Perkins (District 7) - term expiring 6-30-06
Mr. Christopher Jackson (at-large) - term expiring 6-30-06
(nominated by Commissioner Council)


e. Open Space and Parks Advisory Committee

Ms. Sara Robertson (District 2) - term expiring 6-30-06
(nominated by Commissioner Jeffreys)

Ms. Sherry Johnson (District 3) - term expiring 6-30-06
(nominated by Commissioner Gurley)

Ms. Margaret Newbold (District 5) - term expiring 6-30-06
(nominated by Commissioner Webb)

Mr. Sig Hutchinson (District 6) - term expiring 6-30-06
(nominated by Commissioner Ward)

Ms. Jessica Bellas (representing Wake Soil and Water Conservation District Board) - term expiring 6-30-06
(nominated by Commissioner Bryan)

Mr. Michael Slawter (at-large) - term expiring 6-30-06
(nominated by Commissioner Council)

f. Wake Technical Community College Board of Trustees

Three persons were nominated for the one vacancy:

Ms. Doris Burke, nominated by Commissioner Webb
Mr. Ballard Everett, nominated by Commissioner Jeffreys
Ms. Nancy Barker Johns, nominated by Commissioner Bryan

Ms. Nancy Barker Johns was appointed, with term expiring 6-30-08

The vote was as follows:

With no one having received a majority, the County Attorney advised that the Board vote again on the two nominees receiving the same lower number (Everett and Johns) to see if there is a change; then vote again.

Chairman Gardner called for the vote - Mr. Everett and Ms. Johns:
The Chairman then called for the vote on the two nominees, Ms. Burke and Ms. Johns:



g. United Arts Grants Panels
Ms. Leah Wall (District 6), term expiring 12-31-06
Mr. Steve Zaytoun (District 7) term expiring 12-31-06
(nominated by Commissioner Council)
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COMMITTEE REPORTS

Commissioner Webb, Chairman of the Public Safety Committee of the Board of Commissioners, reported that the Committee met this morning to consider the issue of an EMS Citizens’ Advisory Committee, referred to the Committee at the May 17 Board meeting. No recommendation is being made to the full Board at this time, pending a report back to the Committee
______________________

Commissioner Jeffreys reported that at the last meeting of the Triangle J Council of Governments an update was given on mental health reform. He stated that the COG is interested and willing to assist the County in its reform efforts.
_______________________

Commissioner Ward announced the Keep America Beautiful “Fighting the Blight” conference June 30, 2004, Commons Building, Wake County Office Park.
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CLOSED SESSION

Commissioner Council made a motion to go into closed session to instruct staff concerning the negotiation of the price and terms of a contract concerning the acquisition of real property by purchase, option, exchange or lease of the following: conservation/greenway easements, 5.34 acres owned by Donald Hicks, 3.59 acres owned by Eric L. and Jamie S. Larsen, 3.19 acres owned by Charles W. and Carolyn B. Byrd; four parcels for the Little River Reservoir project: 21.928 acres owned by Riversedge Ranch Ltd., 2.556 acres owned by Sandra P. Strickland Johnson and R. B. Perry, 13.865 acres owned by Mayon Duke; and for park purposes 45.84 acres owned by William S. Taylor, 31.03 acres owned by Tommy E. and Diane M. Allen, 12 acres from the Legacy, and donation of 21.094 from Parcel Pros Inc.; and lease back properties to Sellers for farming and agricultural purposes.

The motion was seconded by Commissioner Jeffreys and was unanimously approved.
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ACQUISITION OF PROPERTY
OPEN SPACE CEDAR FORK CREEK AND
SWIFT CREEK PRESERVATION PROJECT

Upon motion of Commissioner Council, seconded by Commissioner Bryan, the Board unanimously approved and authorized staff to proceed with the acquisition of the following conservation/greenway easements to support the development of the Open Space Cedar Fork Creek and Swift Creek Preservation Project:

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ACQUISITION OF PROPERTY
LITTLE RIVER RESERVOIR PROJECT

Upon motion of Commissioner Webb, seconded by Commissioner Council, the Board unanimously approved and authorized staff to proceed with the following acquisitions to support the development of the Little River Reservoir Project:
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LITTLE RIVER RESERVOIR PROJECT
EXCHANGE OF PROPERTY

Upon motion of Commissioner Jeffreys, seconded by Commissioner Council, the Board unanimously approved and authorized staff to proceed with the following exchange and purchase of property to support the development of the Little River Reservoir Project:
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ACQUISITION OF PROPERTY
SOUTH EAST WAKE COUNTY PARK

Upon motion of Commissioner Gurley, seconded by Commissioner Jeffreys, the Board unanimously approved and authorized staff to proceed with the following acquisitions to support the development of the South East Wake County Park and authorized the County Manager to execute contracts on behalf of Wake County for said purchases:

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LEASE BACK PROPERTIES
FARMING AND AGRICULTURAL PURPOSES

Upon motion of Commissioner Gurley, seconded by Commissioner Council, the Board unanimously approved that as a part of the consideration for the purchase of the properties from the Sellers which were included in previous motions, the County agree to lease the property back to the Seller for farming and agricultural purposes at no cost for a period of five years. The properties are: Riversedge Ranch, Ltd. for 21.928 acres, Mayon Duke for 13.865 acres, Tommy E. Allen for 31.03 acres.

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There being no further business to come before the Board at this time, Chairman Gardner adjourned the meeting at 5:15 p.m., upon the motion of Commissioner Council, seconded by Commissioner Webb and the unanimous vote of the Board.

Gwen Reynolds
Clerk to the Board