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    Minutes of October 1, 2007 Board of Commissioners' Regular Meeting (adopted)




Wake County Board of Commissioners

October 1, 2007


The Wake County Board of Commissioners met in regular session Monday, October 1,

2007 at 2:00 p.m. in the Commissioners’ Room, 7th Floor, Wake County Courthouse, Raleigh,

North Carolina. Members present were Commissioners Lindy Brown, Joe Bryan, Paul Coble,

Kenneth M. Gardner, Betty Lou Ward, Harold H. Webb, and Chairman

Tony Gurley.

Others attending were the County Manager, Mr. David C. Cooke; County

Attorney, Mr. Scott Warren; and the Clerk to the Board, Mrs. Susan Banks.

Chairman Gurley called the meeting to order.

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PLEDGE OF ALLEGIANCE


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INVOCATION
Commissioner Joe Bryan offered the invocation.


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APPROVAL OF AGENDA

Chairman Gurley stated that the appointments for the Adult Care Home Advisory Board needed to be postponed until a later meeting.

Upon motion of Commissioner Coble, seconded by Commissioner Gardner,
the Board unanimously approved the agenda of October 1, 2007.

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MINUTES

Upon motion of Commissioner Ward, seconded by Commissioner Brown, the Board unanimously approved the Minutes of September 10 and 17, 2007.

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RECOGNITION OF THE “LET’S GET TO WORK” PROGRAM
FOR RECEIVING AN AWARD FROM THE
NATIONAL ASSOCIATION OF WOMEN BUSINESS OWNERS


Chairman Gurley announced that Ms. Norma Owen was making this presentation on behalf of the National Association of Women Business Owners that are celebrating their 30 years as an organization. Ms. Owen stated that as a board member and small business owner, she congratulated the Board of their part in the Raleigh/Wake County Ten Year Plan to End Homelessness. They have a diverse membership of women. Ms. Owen provided success stories of women starting new businesses under diverse conditions. She recognized the Board for launching the plan to end homelessness program and the Let’s Get to Work Program which also supports small businesses. The Let’s Get to Work Program focuses on child care, transportation and other impediments to women getting to work. The program is a collaborative community initiative. Ms. Owen presented the individuals who initiated the Let’s Get to Work Program with the award from the National Association of Women Business Owners.

Commissioner Ward thanked the staff involved as well as the National Association of Women Business Owners. Commissioner Bryan informed the Board that Mr. Jeffreys originally took the initiative with the Ten Year Plan to End Homelessness. He stated he and Kay Ferguson would be attending a national meeting in November for information on ending homelessness.
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NATIONAL ASSOCIATION OF COUNTIES
PRESCRIPTION DRUG CARD PROGRAM

Dr. David Damsker said the NACO discount prescription card was being rolled out in Wake County today. This card entitles the holder to receive an average of 20% discount on prescriptions if they are uninsured or underinsured. The card cannot be used in conjunction with insurance. There are no enrollment forms to complete, just provide the card to the pharmacist. There are probably at least 100,000 citizens in Wake County that would benefit from this program. In Wake County alone, over 1,000 pharmacies have received the cards and they will be restocked as needed. Every month NACO will provide a list of savings made by using the cards. United Way and churches as well as every Wake County Government building has cards. There are no costs to the County for this program.

Commissioner Ward asked about the pet prescription program. Dr. Damsker said this coverage is good for medicine for pets also. Chairman Gurley said the costs are paid by the pharmacy that accepts the card. No matter which pharmacy accepts the card, the price of the prescription should be consistent. Dr. Damsker said Wake County is the 771 county in the nation to enter the program. Chairman Gurley said this assures the citizens are getting a good price on prescriptions.
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PROCLAMATION RECOGNIZING THE WEEK OF
OCTOBER 7-13, 2007, AS
FIRE PREVENTION WEEK IN WAKE COUNTY


Mr. Ray Echevarria, Wake County Fire Marshall, along with Ron Roof, Bay Leaf Fire Department and Frank Woods, Hopkins Fire Department, were present for the Fire Prevention Week Proclamation. The Fire Prevention Week Proclamation commemorates the great fire of 1871 in Chicago which left 100,000 people homeless. The theme for the Fire Prevention Week this year is “Practice Your Escape Plan” for home safety. Vice Chairman Coble read the proclamation.

Upon motion by Commissioner Bryan, seconded by Commissioner Brown, the Board voted unanimously to proclaim October 7-13, 2007 as Fire Prevention Week in Wake County.
COUNTY OF WAKE
WAKE COUNTY BOARD OF COMMISSIONERS
FIRE PREVENTION WEEK

OCTOBER 7 – 13, 2007


WHEREAS, Wake County is committed to ensuring the safety and security of all those living in and visiting our state; and

WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and

WHEREAS, the nonprofit National Fire Protection Association (NFPA) has established that, while a majority of Americans report that they’ve developed an escape plan, a majority of families with an escape plan have never practiced that plan; and

WHEREAS, Wake County’s fire service community is dedicated to reducing the occurrence of home fires and home fire fatalities and injuries through prevention and protection education; and

WHEREAS, with the encouragement of Wake County’s Board of Commissioners and Wake County’s education and fire service community, the people of Wake County can take steps to prepare for a fire by practicing a home escape plan; and

WHEREAS, the practice of a home escape plan will improve the chances of family members escaping injury or death if a fire occurs; and

WHEREAS, the 2007 National Fire Prevention Week theme, “Practice Your Escape Plan,” effectively serves to remind us all of the simple actions we can take to stay safer from fire during Fire Prevention Week and year-round.

NOW, THERFORE BE IT RESOLVED that the Wake County Board of Commissioners does hereby proclaim October 7-13, 2007 as “Wake County Fire Prevention Week” throughout Wake County, and urges all the people of Wake County to heed the important safety messages of Fire Prevention Week 2007, and to support the many public safety activities and efforts of Wake County’s fire and emergency services.

ADOPTED this the 1st day of October 2007.

___________________________________
Tony Gurley, Chairman
Wake County Board of Commissioners

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RESPONSES TO WRAL LISTENS SEGMENT

Chairman Gurley stated that he wished to address some information that has been in the public on WRAL Listens but needs some clarification.

Land Acquisition: The Facts
September 28, 2007


I. The Commissioners have not approved the recommendation from the school system on two school sites:

A high school site in Garner—the site was not supported by the Town of Garner for a number of reasons.
A middle school site in Rolesville—the offer to purchase by the school system exceeded original appraisal by 56%; second appraisal assumptions were questioned and second appraisal was still 19% below offer to purchase.
A third site in Apex was withdrawn before Board of Commissioners consideration. The offer to purchase from the school system far exceeded appraisals. (This one was NOT turned down by the commissioners. It was never presented to the commissioners.)

II. Did those decisions delay the construction schedules of the school system?

The high school site in Garner is not planned for opening until Fall 2012 or later. Construction funds are not included in the current capital plan.
The high school site in Apex is not planned for opening until Fall 2012 or later. Construction funds are not included in the current capital plan.
The middle school site in Rolesville was originally scheduled to open in Summer/Fall of 2011. The Board of Commissioners approved an accelerated schedule for two elementary schools and the acceleration of the Middle School in Rolesville (M-6) in January 2007. The accelerated schedule moved the possible opening of the school in Summer/Fall 2010. Any delay in the land acquisition simply moved the school back to its original schedule.
CIP 2006 includes four new middle schools:
o Wendell Middle School (M-5)—site acquired, opening Summer/Fall 2009
o Middle School in Holly Springs (M-9)—site acquired, opening Summer/Fall 2010
o Middle School in Cary (M-10)—site acquired, opening Summer/Fall 2010
o Middle School in Rolesville (M-6)

III. The Board of Commissioners have made land acquisition and land banking a priority. The money is available.

There is approximately $30 million remaining in the CIP 2006 land acquisition account; another $40 million in the reserve account in CIP 2006; and another $15 million in the CIP 2006 contingency.
There are seven sites in public ownership for future schools (construction funds are not included in the current capital plan). These include:
o E-20---North Wake Landfill (county owns)
o E-24---Leesville Road, south of 540
o E-28---Randleigh (county owns)
o E-29---East Wake HS site
o E-32---Apex
o M-7---Randleigh (county owns)
o M-12---Garner, Bryan Road There are five sites that need to be acquired and which construction funds are included in current capital plan. These include:
o E-21---SE Raleigh
o E-25---Wake Forest/Rolesville/NE Raleigh area
o E-27---Fuquay-Varina area
o M-6---Rolesville/Wake Forest area
o H-6---Rolesville/Wake Forest/NE Raleigh area


IV. Land Acquisition Issues

a. County has requested a checklist of items based on previous experiences
i. Due diligence information at the time of purchase (on and off-site infrastructure improvements, etc.)
ii. Appraisals
iii. Any other information an elected official should know prior to finalizing purchase.
iv. County has required two readings of all school system agenda items in order to provide time to respond to questions.
b. Appraisals have not supported what school system has offered and agreed to pay (Apex and Rolesville).
c. Commissioners are delivered one site to consider. Sites are often presented as only option that must be acted on immediately.
d. Assumptions used in appraisals questioned by municipal and county elected officials (Apex, Rolesville and Garner).
e. In the situations of Garner and Rolesville, the Towns have found and delivered alternative sites for school system consideration.

Chairman Gurley said it had been stated that some actions taken by the Board of Commissioners or the Board of Education brings into question the creditability of both boards. Chairman Gurley stated the Apex site offer was $2 million more than either appraisal. The M-6 school in Rolesville offer had two appraisals. The Board of Commissioners authorized an average between the two appraisals which was declined by the seller. Discussion was about this action delaying the building of the M-6 school by one year but following that decision the Rolesville Mayor provided three new sites within eight days of the Board’s action. Criticism that students will attend in crowded conditions is unfounded because it gets this project back on its original schedule. The Board has accelerated the schedule the entire bond by one year with cooperation of the Board of Education from when it was on the ballot in 2006. Acceleration of other schools will continue to be considered.

Chairman Gurley said there are no excuses for wasting taxpayers’ money and the Board is trying to prevent overpaying for property. He suggested they work with developers on the cost of land when possible. The action with Rolesville, Garner and Apex took place with elected officials input on those decisions. He encouraged the Board of Education real estate staff to work with Town Officials to make sure school sites are appropriate.

Chairman Gurley stated that he received a letter from Mayor Meeker of Raleigh with questions for the Board. He stated in response to Mayor Meeker’s letter that site development cost analysis is something that should be looked into including all of the cost of using the sites. The Board has accelerated construction and looked for more ways to move forward. The Rolesville School was an example of a school that was accelerated. He noted that the Citizens’ Facility Advisory Committee recommended land banking which the Board of Commissioners highly supports for future school construction.

Chairman Gurley stated that Mayor Meeker’s letter mentions the working relations between the Board of Commissioners and the Board of Education needs improvement. He stated he has been the Chair or Vice Chair of the Board of Commissioners for three years and during that time, the two boards jointly developed construction assumptions that have been followed in the capital program for a ten year plan for school construction. The Board of Commissioners fully funded the Board of Education’s construction program.
He stated the new Chair of the Board of Education had said the Board of Commissioners’ only role is to decide if the County can fund the their requests which he felt meant not to question their requests. He spoke on the Board of Commissioners’ decision to not fund year round schools and some land purchases signaled a tense relationship between the boards. However, he added that the Board of Commissioners’ role should not be minimized and both boards should have clear responsibilities. He stated the law states that counties support land purchases, provide and maintain the facilities. The Board of Education’s role is to provide quality education programs within the County. Chairman Gurley stated he has a solution to this situation.

Mayor Meeker was recognized by Chairman Gurley. Mayor Meeker responded that there are 25,000 students being educated in trailers and that is too many. He stated he understands the primary roles for the Board of Commissioners and the Board of Education. There is a master plan for construction and the plan needs to be followed. Mayor Meeker spoke to the two appraisals for the Rolesville M-6 school stating there was an error in one of the appraisals. The Board of Education wanted to contract for $75,000 per acre and there was a difference of $12,000 per acre for 47 acres. The savings of would be from $365,000 to $565,000. He stated this was a $42 million project and the delay would cost the County a 10-20% increase in construction costs. He stated this loss of construction cost did not make sense to him. We all need to get together and get the schools built at a reasonable price. He thanked the Board for the opportunity to be heard and appreciated the acceleration of schools’ construction.

Vice-Chairman Coble stated that he spent time getting education in trailers in the past as well as his own children. The Board of Education actually builds in the use of trailers in their construction projects. He said Mayor Meeker should not suggest that people were taught in trailers years ago.

Chairman Gurley said there is a 10 year plan to have 92% of students being educated in trailers. Mayor Meeker responded that there used to be 5% of the students in trailers and now its over 20% in trailers.

Commissioner Bryan asked if there were any solutions that Mayor Meeker could offer to this dilemma. Mayor Meeker said there could be some expediting of the permitting process, encourage banking of properties and get communications going between staff so they know when appraisals are not acceptable. He suggested getting everyone working together as a partnership with the County taking the lead. Commissioner Bryan said from this Board’s perspective the Rolesville property proposed by the School Board was $2.29 million overpriced. In addition, the Rolesville Mayor said they would not approve the increased density that had been discussed in the second appraisal.

Mayor Meeker said they used a lower density versus a higher density so there was a fundamental error in the appraisal. Commissioner Bryan said the error must be with the Rolesville Mayor or Council because they came to the Board meeting and presented their concerns and comments on the appraisal and density discussion. Mayor Meeker said he would provide a copy of the letter he had from the Town of Rolesville Planner. Commissioner Bryan said the Mayor of Rolesville had told this Board that the area being considered for a school would not be rezoned. This decision lies with the Rolesville Town Council not the Planners.

Commissioner Ward thanked Mayor Meeker for coming before the Board. She said Mayor Meeker speaks for more than 53% of the citizens of this County and as elected officials are all stewards of the public funds. It is good to listen to others and be honest and forthright.

Commissioner Gardner also thanked Mayor Meeker for coming today and maybe he was bringing some leadership from the City of Raleigh and hoped that the City and County could work together to deliver a product that is unified. He suggested the Mayor lead the charge with the municipalities to have the County do the permitting process for schools. He noted that other Town Mayors are helping the County by finding sites to help with land banking. The funds are available so now they need to find solutions for the towns. Commissioner Gardner suggested the Raleigh City Council step up and be a part of this solution as well. He noted that Mayor McAllister in Cary is considering buying property to help with school sites. Parts of the schools can be community assets. He would like to see the town chairs consider a joint meeting to discuss the use of hotel and meals funds to be used to help provide community facilities at schools. He said he was looking for leadership from Raleigh.

Mayor Meeker said he would agree except for the hotel and motel funds. He spoke of Barwell Road and the elementary school that is currently under construction in the Raleigh City limits.

Commissioner Brown also thanked Mayor Meeker for coming forward and extending his views. It would be feasible for Raleigh to be a mediator with the business community. She encouraged the Mayor to facilitate that process.

Commissioner Webb thanked the Mayor for coming and serving as a stimulator of these important topics. He commended the Board of Education for welcoming comments. He said Wake County has a “County School System” and is looking for every child in the system to get a good education.

Commissioner Ward stated she has been on this Board for 20 years and has also served on the Raleigh Planning Board some during that timeframe. She spoke about having a countywide planning department or board. She said this struggle is extended with trying to get all the plans passed by the individual towns. She said it is time to look at a countywide planning board.
PUBLIC COMMENTS

Rosa Gill, Chair of Board of Education, said she was serving as Vice-Chair of a Board of Education when there was a leadership meeting where a discussion of the school bonds that had just passed had taken place. She said Chairman Gurley was referring to a statement that she made that it was his job to determine if the funds were available to fund the projects. She said it was not put in context the way she had made the comment. She said she’s willing to work with anyone on any terms.

Paul Brandt, 4919 Shallowbrook Trail, Raleigh, currently Chair of the Northeast CAC which is where most of the projected growth is expected over the next ten years. He said he was very concerned about schools being constructed in the timeframe required. He said he has also been trying to get the Raleigh City Council to take the same advice on parks and community centers in Raleigh. There have been significant delays in the 2003 parks program and in many incidences the funds are not sufficient. There is a sense of urgency and they need to take advantage of the bonds being approved by the citizens. Bond funds should be used within the projected timeframe. He spoke about the appraisal processes and the Raleigh sewer assessments and infrastructure. He said not a lot of information on development of land, such as actual costs, or environmental issues. He said he appreciates all the work that the board members are doing on the schools.

Commissioner Gardner asked the Chairman to recognize three female students from the Wake County Public School System that were present and observing the Board meeting.


David Lazzo, representing one of the real estate teams for the Wake County Public Schools which locates school sites, thanked the Board for having a public forum allowing him the opportunity to speak. He stated they have engineers and real estate agents, and a real estate developer who look at plans and design sites for best use. He said the technical issues on school sites may be receiving less importance than needed. The size and complexity of the properties are not being considered as they should. When looking at properties zoning and comprehensive land use plans have to be considered, whether its in the county or a town. He said they worked with the Town of Rolesville and they have been helpful. They have 4-6 units planned for the property. He spoke about how large the “footprint” is for a school site comparing it to a Super Walmart and noted that many times environmental issues are hard to work around. He said they had looked at over 40 sites in Rolesville. The merit of individual sites should not be in the newspaper until the sites have been evaluated. Appraised value is not everything that needs to be considered on school sites. Land values and appraisals do not always match up. He stated they do have a well thought out sequential process for evaluating sites.

Commissioner Ward said the first piece of land in Rolesville was presented as a flat piece of land. She asked about them looking for environmental impacts.

Commissioner Bryan asked about transportation improvements. He asked if the site in Rolesville proposed by the Board of Education had been was sold? Mr. Lazzo said the property has not yet been sold. He said they were looking for ways to keep working on the process. Commissioner Bryan asked about paid leads by real estate sites. They are employed and sites must come through real estate group. Mr. Lazzo said it is their responsibility to evaluate the sites. He is paid on a sliding scale which is less than what normal real estate brokers receive. This site was wonderful and he supported the purchase. Technical merits have not been evaluated. Mr. Lazzo said they need a site which can accommodate a large footprint. A store like Walmart can generate the funds to pay those prices. Commissioner Bryan asked if the anchor team could ask for a better price on these sites.

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ITEMS FOR CONSENT

Upon motion by Commissioner Coble, seconded by Commissioner Bryan, the Board of Commissioners voted unanimously to approve the items for consent as presented on the agenda.
APPROVAL OF THREE-YEAR AGREEMENT WITH
DENTAL AND FLEXIBLE SPENDING ACCOUNT PROVIDER

Specific Action Approved: The Board of Commissioners approved the request for Interactive Medical Systems to administer the Dental and Flexible Spending Account programs for calendar year 2008, subject to terms and conditions acceptable to the County Attorney.
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APPROVAL OF A $138,145 APPROPRIATION INCREASE IN THE
GRANTS AND DONATIONS FUND FOR THE METROPOLITAN
MEDICAL RESPONSE SYSTEM GRANT MONEY TO BE MOVED
FROM THE GENERAL FUND

Specific Action Approved: The Board of Commissioners approved the appropriation increase in the Grants and Donations Fund for the Metropolitan Medical Response System Grant Money that will be moved from the General Fund and approved the appropriate budget revision.
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TAX REPORT

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

1.Report of Collections – Wake County Only – August 2007
2.Wake County In-Rem Foreclosure Progress Report – August 2007
3.Consideration of Requests for Adjustments, Rebates and/or Refunds of Penalties: (Wake County Only), (Wake County and Town of Apex), (Wake County and Town of Cary), (Wake County and City of Raleigh), (Wake County and Town of Wake Forest)
4.Consideration of Refund for Taxes, Interest, and Penalties: (Wake County Only), (Wake County and Town of Apex), (Wake County and Town of Cary), (Wake County and Town of Fuquay-Varina), (Wake County and Town of Garner), (Wake County and Town of Holly Springs), (Wake County and City of Raleigh)
5.
Consideration of Requests for Exemptions-Late Filed Applications: (Wake County Only), (Wake County and Town of Apex), (Wake County and Town of Cary), (Wake County and Town of Garner), (Wake County and Town of Morrisville), (Wake County and City of Raleigh)
6.
Request for Tax Relief-Late Filed Applications: (Wake County Only), (Wake County and Town of Holly Springs), (Wake County and City of Raleigh), (Wake County and Town of Wake Forest)
7.Consideration for Release of Penalties and Interest for Wake County Prepared Food and Beverage Taxes: (Wake County Only)
8.
Consideration of Requests for Historic Property Deferment-Late Filed Applications: (Wake County Only)
9.
Rebate Details: (Wake County Only), (Wake County and Town of Apex), (Wake County and Town of Cary), (Wake County and Town of Fuquay-Varina), (Wake County and Town of Garner), (Wake County and Town of Holly Springs), (Wake County and Town of Knightdale), (Wake County and Town of Morrisville), (Wake County and Town of Rolesville), (Wake County and Town of Wake Forest), (Wake County and Town of Wendell), (Wake County and Town of Zebulon)

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PUBLIC HEARING ON SCHEDULES OF VALUES FOR

2008 COUNTYWIDE REVALUATION


Mr. Emmett Curl stated that the Schedule of Values for 2008 Countywide Revaluation has been available on the website and in hard copy as required by General Statute. He said they have a lot of new construction with about $5 billion to be ended by next June.

Chairman Gurley opened the public hearing for anyone who wished to speak to come forward.

Mr. Paul Brandt said as a taxpayer he is having a difficult time finding the schedule of values on the website. He would like to be able to look at the schedule of values and determine the changes to his own property. The average citizen should be able to read this schedule and see what went into this decision. He wants to see how the changes are related to his property and he would love to be able to find it on the website.

Chairman Gurley closed the public hearing. Mr. Curl said this schedule is meant to cover the range of everything in Wake County. The ranges are in a book. He stated that a citizen cannot just look at this document to determine their property value. This is a prediction and a judgment. They look at neighborhoods, market, construction materials, size, conditions, quality of the property and home sales in a neighborhood. He said staff will sit down with anyone and help them with their values.


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PUBLIC HEARING ON REQUEST TO RENAME

A SECTION OF KEITH ROAD NEAR WAKE FOREST AS

CHESTLEY FARM ROAD


Mr. David Hunt, Wake County Community Services, stated the request to rename a section of Keith Road (SR 1921) near Wake Forest is based on public safety. Keith Road and its corresponding public right-of-way extend approximately 1-mile from Stony Hill Road to Incline Drive within the new Hasentree development near NC 98 Highway in northern Wake County. Keith Road was partly re-aligned as result of this new subdivision and a section of its right-of-way abandoned by the North Carolina Department of Transportation in accordance with the new alignment, which resulted in a 700-foot segment of Keith Road apart from the new alignment. The detached part of Keith Road is the section to be renamed. He gave a short overview of the road naming process. There has been no opposition to this request. A petition has been initiated by a landowner and a majority of property owners on that street have approved the change. A developer wanted to realign the road. The realignment results in access to Stony Hill Road. This will rename the old section of the road.

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

A Resolution APproving the request
to Rename a Section of KEITH Road
as cHESTLEY FARM road


WHEREAS, it is the goal of Wake County to prevent and eliminate road name duplication and the listings of roads with more than one name; and

WHEREAS, a unique name would help minimize confusion for motorists and emergency response personnel; and

WHEREAS, the General Statutes of the State of North Carolina (G.S. 153A-239.1) delegates authority to name and rename roads to the Wake County Board of Commissioners and prescribe procedures to be followed in the process.

WHEREAS, this request was duly advertised and was the subject of a public hearing by the Wake County Board of Commissioners on October 1, 2007 and was duly considered; and

NOW, THEREFORE, BE IT RESOLVED BY THE WAKE COUNTY BOARD OF COMMISSIONERS OF THE COUNTY OF WAKE, NORTH CAROLINA, AS FOLLOWS:

THAT, the section of Keith Road (SR 4585), beginning with its intersection at 7300 Stony Hill Road (SR 1917) and extending east approximately 700 feet to its terminus, shall be renamed “Chestley Farm Road.”


Commissioner Ward made a motion that the above resolution be adopted. Commissioner Gardner seconded that motion, and upon vote, the motion carried this 1st day of October 2007.

This Instrument Approved as to Form

______________________ _____________
Wake County Attorney Date

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PUBLIC HEARING

TO CONSIDER APPROVAL OF A $624,611 GRANT APPLICATION

TO THE STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION

FOR THE RURAL OPERATING ASSISTANCE PROGRAM


Mr. Don Willis presented a grant application to draw funds from the North Carolina Department of Transportation. They have been through a public hearing twice already. The North Carolina Department of Transportation allocated $301,722 including supplemental funds for the purpose of providing transportation to the elderly and disabled; $88,000 including supplemental funds for employment transportation; and $234,889 including supplemental funds for the rural public, which requires a 10% match. The match is covered through user fees.

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

Upon motion by Commissioner Gardner, seconded by Commissioner Brown, following the public hearing the Board voted unanimously to approve the submission of the Rural Operating Assistance Program grant application to the North Carolina Department of Transportation.


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REALLOCATION OF CIP 2006 FUNDS (FIRST READING)


Mr. Don Haydon, Wake County Public Schools System staff, presented the first reading for a reallocation of CIP 2006 funds for the Smith Elementary School Expansion. This was for a renovation project plan. This is one of the oldest schools in the County and needs renovating badly. A second story is proposed with 51 classrooms with a total of 800 seats for traditional or 1,000 seats year-round. This adds 11 classrooms and increases capacity by 145 students. Program contingency funds are proposed for funding this expansion and project savings from three schools.

No action was taken. This item will be on the next agenda for action.


RESOLUTION REQUESTING REALLOCATION OF FUNDING

CIP 2006 CAPITAL BUILDING PROJECTS


WHEREAS, the Wake County Board of Education is engaged in a Long-Range Building Program, and

WHEREAS, the Wake County Board of Education has approved the projects listed below as part of its CIP 2006 Building Programs, and contracts have been or will be let for planning and design services.

NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Wake County Board of Education requests that the Wake County Board of Commissioners reallocate funds a follows:

FROM
AMOUNT
TO
AMOUNT

CIP 2006 BUILDING PROGRAM

Reserve

$3,446,389

Smith Elementary (expansion)

$3,446,389

CIP 2006 Total

$3,446,389

CIP 2006 Total

$3,446,389

Resolved this 18th day of September 2007
WAKE COUNTY BOARD OF EDUCATION

By: ________________________________

Rosa U. Gill, Chair

Attest: _____________________________

Del Burns, Ed.D., Secretary

RESOLUTION R-2007-

REALOCATE CIP 2007 FUNDS


WHEREAS, the Wake County Board of Education is engaged in a Long Range Building Program; and

WHEREAS, the Wake County Board of Education has duly requested, through a resolution adopted September 18, 2007 that the Board of Commissioners approve the reallocation of $3,446,389 from CIP 2006 reserve account to Smith Elementary to increase the scope of the renovation projects to add additional capacity.




NOW, THEREFORE, BE IT RESOLVED that the Wake County Board of Commissioners hereby reallocates funds as follows:

FROM
AMOUNT
TO
AMOUNT

CIP 2006 BUILDING PROGRAM

Reserve

$3,446,389

Smith Elementary (expansion)

$3,446,389

CIP 2006 Total

$3,446,389

CIP 2006 Total

$3,446,389


To be Adopted the 15th day of October 2007.

Commissioner Gardner asked for a summary of the savings from the school projects.

Commissioner Bryan asked if this would add 11 classrooms and if the savings are from the $40 million being saved from other projects. Mr. Haydon said Commissioner Bryan was right in that the funds from the reserves from savings were being allocated for this project. Chairman Gurley said this is a topic for the Commissioners’ Work Session on October 8th because these savings are intended for land banking as was determined by the Board of Commissioners. These plans differ from the Commissioners stated objections for these reserve funds.


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ACQUISITION OF 2.66 ACRES OF SURPLUS PROPERTY

FROM THE WAKE COUNTY BOARD OF EDUCATION


Mr. Mike Aull presented the request for acquisition of 2.66 acres by the County of surplus property from the Wake County Board of Education. He gave the following report:

On February 23, 2007, the Board of Education declared approximately 3.0 acres of property located adjacent to the Leesville High School, Middle School and Elementary School campus as surplus property. This tract is separated from the main campus property by Country Trail and therefore is of little use to the school system due to its limited size, shape and location. In accordance with the NC General Statutes, the property was offered to the Board of Commissioners for purchase at a to-be-determined fair market value or at a price to be negotiated between the two Boards. On March 12, 2007, the Board of Commissioners indicated the County's interest in the property for possible use in combination with adjoining City of Raleigh property.

The adjoining 55 acre tract owned by the City of Raleigh is currently being master planned jointly by the City of Raleigh and Wake County for possible future development of a Community Park and Branch Library. The County's Community Improvement Program includes $4.5 million in capital funding for construction, furniture, furnishings, equipment, and books for a new Branch Library in this area. The acquisition of this 2.66 acre parcel will assist in negotiations with the City of Raleigh for the joint use of the 55 acres of City owned property and will enhance the development capability of the City's property by increasing road frontage and developable acreage. The master plan for the potential joint use of this property by the City and County was presented to the Board of Commissioners and City Council in April.

An appraisal report was prepared by a State Certified General Appraiser and MAI to provide an opinion as to the value of the property. The appraisal was based upon an approximate acreage of 2.8 acres. It was the appraiser's opinion that the value of the 2.8 acres based upon residential use with R-4 zoning was $450,000. A recently completed survey has determined that the actual acreage of the property to be acquired is 2.66 acres. Although slightly less than the acreage used for the appraisal, the total value of the property is likely to remain the same due to the shape of the parcel and the number of potential residential lots that could be developed.

The NC General Statutes require that the proceeds of any sale or real property by the Board of Education be applied to reduce the County's bonded indebtedness for schools or for school capital outlay purposes. It has been agreed that the County will pay the WAKE COUNTY PUBLIC SCHOOL SYSTEM the $450,000 appraised value for the property, utilizing County funds. The WAKE COUNTY PUBLIC SCHOOL SYSTEM will use the funds to pay for school CIP expenditures. The CIP reimbursement bond funds provided to the schools by the County will then be reduced by the $450,000 purchase price. Therefore, the total funds available to the WAKE COUNTY PUBLIC SCHOOL SYSTEM for CIP expenditures will not increase as a result of this transaction.

The Board of Education approved this conveyance at their meeting on September 18, 2007.

Upon motion by Commissioner Ward, seconded by Commissioner Brown, to approve the acquisition of 2.66 acres from the Wake County Board of Education for $450,000 and the attached budget revision reducing the County’s reimbursement to the Wake County Public School System for CIP expenditures.

Commissioner Gardner said this is a fair action for the taxpayers. Chairman Gurley said this will allow the Leesville Road Branch Library to be completed.

The motion passed unanimously.


AGREEMENT WITH KRG/PRISA II PARKSIDE, LLC

FOR THE RELOCATION OF THE WAKE COUNTY

RTP RADIO COMMUNICATIONS TOWER

Mr. Mike Aull said that on July 9, 2007, the Board considered a proposal from Teer Associates and Kite Realty Group, Inc. to relocate the existing County-owned radio communication tower and equipment located on NC 55. Teer and Kite are proposing to acquire the property upon which this tower is located from the Research Triangle Foundation (RTF) for a proposed 124-acre mixed-use retail, commercial and residential development representing an investment of over $100 million. It would be the intent of Teer Associates and Kite Realty to provide a fully redundant tower and equipment meeting all County standards and in conformance with the County's service agreement with Motorola. The new tower site would be located approximately one half mile north of the existing site and would again be located on property owned by Research Triangle Foundation. It will be the responsibility of Teer and Kite to negotiate an amendment to the County's lease with RTF to accommodate this relocation. Once the new facility is complete, fully tested and accepted by the County, ownership and all equipment warranties will be transferred to the County and service will be switched to the new site to ensure continued uninterrupted service. Ownership of the existing tower, equipment and building will be transferred to Teer and Kite and removed from the old site to make way for development of the property. The County will have the option to purchase any or all of the old equipment at a yet to be negotiated cost. This proposal is being submitted to the County with the following general conditions:

1. The County does not lose any coverage or tower capacity.
2. The County will receive the same quality of tower and tower facilities.
3. There is no cost to the County.
4. Teer and Kite must satisfactorily resolve any terms and conditions of the existing lease with the Research Triangle Foundation.

The Board approved this proposal and the exchange of County leasehold interest and equipment for like facilities and authorized execution of an agreement with Teer Associates and Kite Realty Group, Inc. ("Developer"), subject to terms and conditions acceptable to the County Attorney. During the negotiations relating to this agreement, the County and the Developer were informed by Motorola that the radio equipment previously supplied was proprietary and Motorola being the sole source for this equipment would only agree to sell the new equipment to Wake County directly. The cost of the new equipment is estimated to be $1.5 - $2.0 million. Upon further discussion with the Developer and Motorola it was determined that this could be accomplished as follows:

1. A bid package, including a detailed equipment and installation task list, will be prepared and used by Wake County to solicit formal proposals for the replacement of the equipment building and all equipment contained therein.
2. The County will solicit and evaluate proposals from vendors for the equipment.
3. A purchase order will be issued to the successful bidder for providing and installing the specified equipment.
4. The Developer will provide the funding to the County in advance of issuance of the purchase order.
5. The County will budget the revenue to be received from the Developer and appropriate the funds required by the purchase order.

With the exception of the equipment purchase, the Developer will be responsible for all other work associated with the relocation of this tower and the associated equipment as outlined above. The bid package will provide a clear demarcation between the County work and the Developer work.

The original action by the Board approved an agreement to be entered into by Wake County, Teer Associates and Kite Realty Group, Inc. Since the meeting on July 9, the financial organization of the Developer has changed although the same parties remain involved. The agreement for the tower relocation will now be with KRG/Prisa II Parkside, LLC, a Delaware limited liability company.

Upon motion by Commissioner Webb, seconded by Commissioner Gardner, the Board voted unanimously to:


1) Approve the purchase of the equipment in accordance with the NC General Statutes and authorizes the County Manager or his designee to execute the necessary purchase order;
2) Approve an amended agreement with KRG/Prisa II Parkside, LLC for the relocation of this tower and associated equipment;
3) Authorize the County Manager to execute a contract with KRG/Prisa II Parkside, LLC, subject to terms and conditions acceptable to the County Attorney; and
4) Approve a budget revision for estimated revenue in the amount of $2 million and the appropriation of the funds for the purchase of this equipment.


VOLUNTARY EYE CARE BENEFITS PROGRAM FOR EMPLOYEES

Mr. John Kuhls, Human Resources Director, reported that Towers Perrin worked with staff to determine a carrier for the voluntary eye care insurance options for employees. The County’s core health care team had Towers Perrin evaluate and recommend a service provider. Towers Perrin recommended VSP (Vision Services Plan) because they had the greatest number of providers in the Raleigh area and offered the lowest premiums for employee only and family level protection. There is no premium cost for Wake County. The proposed effective date is January 1, 2008 with enrollment opportunities in the fall.

Upon motion by Vice-Chairman Coble, seconded by Commissioner Ward, the Board voted unanimously to approve offering a voluntary eye care insurance options for employees through VSP as the service provider, subject to terms and conditions acceptable to the County Attorney.


APPOINTMENTS

a.
Wake County Adult Care Home Community Advisory Committee – postponed action.

b.

Wake County Board of Human Services – Commissioner Brown nominated Sharon Foster, David Filipowski, James Mebane, Set Tabb and Leena Mehta for reappointment and Martha Brock as a new member to the Human Services Board.

c.

Wake County Nursing Home Community Advisory Committee – Commissioner Ward nominated Jackalyn Ensign, Carolyn Hilson and Patricia Potts for appointment to the Wake County Nursing Home Community Advisory Committee.

d.

Wake County Fire Commission- Commissioner Coble nominated Chief Scott McCollum (West Region) and Chief Mike Copper (North Region) as regular members and Chief Mark Haraway (West Region) and Chief Chris Wilson (North Region) as alternate members; along with Billy Myrick and Lucius Jones to the Wake County Fire Commission.

e.

Report of upcoming vacancies – no action needed
    Upon motion by Commissioner Gardner, seconded by Commissioner Coble, the Board voted unanimously to accept all nominations for appointment by acclamation.

    COMMITTEE REPORTS


    Vice-Chairman Coble and Commissioner Lindy Brown thanked all commissioners for attending the volunteer celebration on Friday night. Commissioner Coble said he was very impressed with the staff that worked on the celebration. Commissioner Brown expressed a special thank you to Anne Cameron who is very committed and dedicated.

    Commissioner Ward thanked the incoming Mayor of Rolesville for the mini flashlights provided to commissioners.

    Commissioner Brown recognized Apex Middle School Cougars for inviting her to led the Pledge of Allegiance.


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    OTHER BUSINESS


    There was no other business.

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    CLOSED SESSION


    No closed session was needed.

    Upon motion by Commissioner Ward, seconded by Commissioner Brown, the Board voted unanimously to adjourn the meeting at 4:50pm.




    Respectfully submitted,

    Susan J. Banks, CMC

    Clerk to the Board

    Wake County Board of Commissioners