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    Minutes of 10-17-2005 Board of Commissioners Meeting (adopted)

WAKE COUNTY BOARD OF COMMISSIONERS
MINUTES
October 17, 2005

The Wake County Board of Commissioners met in regular session Monday, October 17, 2005, at 2:00 p.m. in the Commissioners’ Room, 7th Floor, Wake County Courthouse, Raleigh, North Carolina. Members present were Commissioners Herbert H. Council, Kenneth M. Gardner, Tony Gurley, Phil Jeffreys, Betty Lou Ward, Harold H. Webb and Chairman Joe Bryan.

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

Chairman Bryan called the meeting to order.

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PLEDGE OF ALLEGIANCE

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INVOCATION

Commissioner Webb offered the invocation.

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APPROVAL OF AGENDA

Upon motion of Commissioner Ward, seconded by Commissioner Gardner, the Board unanimously approved the agenda as printed.
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APPROVAL OF MINUTES

Upon motion of Commissioner Ward, seconded by Commissioner Gardner, the Board unanimously approved the minutes of October 3, and
October 10, 2005.
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RETIREE RECOGNITIONS

Chairman Bryan called on County Manager David Cooke to recognize those employees retiring after twenty-five or more years with the County.
The following employees were recognized:

Kelvin Smith – Sheriff’s Office
Caroline Armstrong – Human Services
Eugene English – Human Services

The Commissioners congratulated each of the employees and extended best wishes for a long and happy retirement.
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PRESENTATION OF THE REDESIGNED WAKE COUNTY WEB SITE
(WAKEGOV.COM)

Messrs. Bill Scanlon and Chris Smith of the Wake County Information Technology Department presented information on the redesign of the County’s website. The new site features simpler content layout and quick access to Wake County’s online services and access to 26 online services.

The new WakeGov.com went through several review stages with citizen groups to better understand what citizens wanted to see in a new site. Citizens
were invited to review the new designs electronically and submit feedback indicating design preferences. The designs were also reviewed by the County’s Information Technology Advisory Committee.

Mr. Scanlon noted that in 2004, the site received just over three million visits and 4.1 million visits between January and September 2005. The most
popular content areas are 1) tax/revenue information; 2) library content; 3) employment opportunities with Wake County; 4) elections and voting information and 5) listing of online services.The redesigned Wakegov.com will be launched tomorrow, October 18.

Following the viewing of the homepage and features of the site, the Commissioners received the information as presented.
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RDU AIRPORT AUTHORITY UPDATE

Chairman Bryan recognized Michael Weeks and Terry Yeargan, Wake County appointees to the Raleigh-Durham Airport Authority, to present an update
on activities of the Authority.

The report highlighted growth and activity over the past year: Following comments and a question/answer period, the Commissioners received the information as presented.
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ACCEPTANCE OF WAKE COUNTY PUBLIC LIBRARIES GRANT FUNDING

Wal-Mart has contributed grant funds to the East Regional Library to support the immigrant community of Wake County in their efforts to learn English.
This year’s funding will be used to help fund the annual Hispanic Latino Celebration Dia De Los Ninos/Dia De Los Libros Children’s Day/Book Day program. This celebration originated in Mexico and is now also being celebrated in the United States.

In addition, the Friends of the Library have donated $1,000 to provide funding for Teen Programs throughout the Wake County Public Library System.
The grant was made for the public library system to further outreach to the teenage community.

Upon motion of Commissioner Council, seconded by Commissioner Gurley, the Board unanimously approved the receipt of a $1,250 grant to the Wake County Public Library System from Wal-Mart to support Hispanic outreach efforts; approved the receipt of a grant from the Friends of the Library in the amount of $1,000 to support outreach to Wake County teens; and approved a $2,250 increase in the appropriations to the general fund for expenditures related to the programs supported by these grants.
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METROPOLITAN MEDICAL RESPONSE SYSTEM 2005
(MMRS) GRANT ACCEPTANCE

Metropolitan Medical Response System grants fund improvements in local governments to assist in responding to a weapons-of-mass-destruction event,
as well as any event involving common hazardous materials or a naturally occurring outbreak. Wake County has received a Metropolitan Medical Response System grant award of $227,592 from the Department of Homeland Security. This grant award will not require Wake County to match funds.

Upon motion of Commissioner Webb, seconded by Commissioner Gardner, the Board unanimously approved the acceptance of a $227,592 Metropolitan Medical Response System grant award and authorized the Wake County Manager to execute the Assistance Award/Amendment forms as provided.
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SERVICE CONTRACT FOR POST-CLOSURE CARE AND
MAINTENANCE AT NORTH WAKE AND FELTONSVILLE LANDFILLS

The North Carolina Department of Environment and Natural Resources regulations require Wake County to provide post closure care and maintenance for closed landfills. The service contract with Certified Landfill Management Services meets or exceeds state requirements and will provide post closure care and maintenance in the closed areas of the North Wake and Feltonsville Municipal Solid Waste Landfills in Wake County.

The landfill operator previously provided post closure care and maintenance services. A separate contract is now required because all landfill operations have ceased at Feltonsville and the landfill contractor is no longer on site to provide these services. The contract was competitively bid through the Wake County Procurement Office and three companies responded. The bids were reviewed and Certified Landfill Management Services was recommended, with a term
of three years and options for two one-year extensions, and annual cost of approximately $83 million.

Upon motion of Commissioner Jeffreys, seconded by Commissioner Ward, the Board unanimously approved a contract with Certified Landfill Management Services (CLM) for post closure care and maintenance of the closed areas of the North Wake Landfill and the Feltonsville Landfill in Wake County.
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AWARD CONTRACT TO PEARSON APPRAISAL SERVICES TO
PROVIDE STAFF FOR APPRAISAL SERVICES IN CONJUNCTION
WITH THE 2008 PROPERTY REVALUATION PROJECT

Chairman Bryan recognized Emmett Curl, Revenue Director, to report on the 2008 property revaluation project.
Mr. Curl reported that every eight years, Wake County reassesses the value of real property as required by state law. The revaluation process takes about two years to complete which will involve reassessing values on approximately 325,000 parcels in Wake County. The Revenue Department contracts for labor to assist with the appraisal portion of revaluation. Bids have been received from contractors to provide ten appraisers, beginning in January 2006, to
do the daily work of the County’s full-time staff. This will allow staff to move into the appraisal phase of revaluation. Through the contractor, staff will be added as needed for the project through 2007 and to help with the appeals process in early 2008.

Upon motion of Commissioner Ward, seconded by Commissioner Gurley, the Board unanimously authorized the County Manager to award a contract to Pearson Appraisal Services at the per diem rates of $390 for appraisal services for new construction, $440 for appraisal services for new commercial construction and $440 for a project coordinator.
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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. Thus, at each regular meeting at 3:00 p.m., public comments are received. Chairman Bryan recognized:

1. Mr. John Speights, PO Box 12743, Raleigh, NC (brought to the Board’s attention Pearl Harbor Day in December and agreed to submit appropriate language for a resolution for consideration by the Board.)

There were no other persons requesting to be heard. Chairman Bryan declared the public comment portion of the meeting closed.
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AMENDMENT TO THE BUSINESS INVESTMENT POLICY
TO RECOGNIZE EXISTING BUSINESS’ CAPITAL AND
JOB INVESTMENT IN WAKE COUNTY

A proposed incentive agreement with GlaxoSmithKline requires the County to reexamine the Business Investment Grant Policy adopted January 3, 2005, as it relates to existing Wake County businesses. The policy adopted in January requires that new or existing businesses may be eligible for an investment grant for new investments which exceeds $100 million and create at least 50 new jobs paying 120 percent of the average wage for Wake County. The intent of the policy is to provide incentives for large impact projects resulting in significant investment and quality jobs.

The Board was presented a draft of an amendment to the incentive grant policy to recognize existing businesses with substantial investment and employment already in Wake County; and at the same time, maintaining the intent of the policy. The recommended changes fall under “New Investment Threshold” and “New Jobs Threshold.”

Following discussion and upon motion of Commissioner Council, seconded by Commissioner Webb, the Board unanimously approved the revised Business Investment Grant Policy as presented.

Wake County Business Investment Grant Policy

Policy Objective
Eligible Projects
New Investment Threshold
New Jobs Threshold
Policy Guidelines
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SCHEDULING PUBLIC HEARING FOR NOVEMBER 7, 2005,
BUSINESS INVESTMENT GRANT TO GLAXOSMITHKLINE (GSK)

GlaxoSmithKline (GSK) has entered into agreements with the State of North Carolina for the payment of Job Development Investment Grant funds and a One North Carolina Fund grant as inducement to make significant capital investments at the GSK Zebulon site. GlaxoSmithKline has also entered into an agreement for Economic Incentives with the Town of Zebulon.

The County has been asked to participate in the payment of grant funds to the Company.

Counties may provide economic development grants after holding a public hearing. The Board of Commissioners is being requested to schedule a public hearing November 7, 2005 and to consider a business investment grant to GlaxoSmithKline.

Upon motion of Commissioner Gurley, seconded by Commissioner Webb, the Board unanimously approved the scheduling of a public hearing on November 7, 2005, to consider a business investment grant to GlaxoSmithKline.
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REPORT ON THE REQUEST FROM WAKE COUNTY
BOARD OF EDUCATION TO APPROPRIATE AND REALLOCATE
PLAN 2004 FUNDS

The Wake County Board of Education has approved a Plan 2004 quarterly appropriation and reallocation request of $56,508,383. This request includes $46,531,248 for design and construction, $162,135 for building permits, $6,090,000 for land acquisition, and $3,725,000 for next building program start-up.
Mr. Don Haydon, Wake County Public School System, presented information on the request and commented on a list of projects to be funded.
There being no outstanding questions, Chairman Bryan announced that the item would be placed on the November 7, 2005 agenda.
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UPDATE ON FIRE APPARATUS AND APPROVAL OF
TRANSFER FROM DEBT SERVICE TO COUNTY CIP FUND

At the February 21, 2005 meeting of the Board of Commissioners, the Board approved the purchase of up to $6.8 million for pumpers and tankers for the fire districts. At that time the County had not identified the cost-financing alternative, and the purchase list was not finalized. It has been determined that self-financing at a rate of 3.75 percent for ten years is the most attractive method for the County.

With the arrival of the equipment expected this month, staff is requesting approval to move $4,550,000 from the debt service fund to the CIP fund. Principal and interest payments back to the debt service funds was budgeted in the FY 2006 budget document. The $4.55 million is based on the actual equipment that is being purchased in this round of financing.

An additional transfer of $614,000 is being requested for a ladder truck. This transfer will be made dependent on the best cost-financing option chosen.

Mr. John Rukavina, Public Safety Director, briefed the Board on the fire apparatus purchasing process and the stations involved.
The Board of Commissioner received the update on fire apparatus and upon motion of Commissioner Webb, seconded by Commissioner Council, the Board approved the transfer of up to $5,164,000 from the Debt Service Fund to the Fire Tax Capital Improvement Plan.
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LAKE CRABTREE PCB CLEANUP TASK FORCE
UPDATE AND RECOMMENDATIONS

In July 2005, Chairman Bryan and the mayors of Raleigh and Cary created a Joint Local Government Task Force to expedite Lake Crabtree PCB Cleanup. The site encompasses an active electrical transformer reconditioning facility constructed in 1964 on eleven acres of previous undeveloped land. Ward Transformer manufactures, repairs, reconditions, rebuilds, purchases, and sells transformers, switchgear, and other similar types of electrical equipment. During Ward’s operation of the site, numerous companies, municipalities, electrical utilities, industrial facilities, and other types of businesses, arranged for the disposal of hazardous substances, and transformers, switchgear and other types of electrical equipment containing hazardous substances, at the site.

The Joint Local Government Task Force provided a Report of Findings and Recommendations, dated August 30, 2005, which was received by the Board of Commissioners September 19, 2005.

Wake County staff has prepared the Wake County Implementation Strategy for the Joint Local Government Task Force. This implementation strategy outlines recommended action to be taken by the City of Raleigh, the Town of Cary and Wake County. The actions specific to Wake County are:
There was much discussion about County and State signage at the site and the need for one clear sign that does not confuse the public. There was also discussion about the Task Force recommendation that the local powers be used to the extent available if the removal of the contaminated soils at the site have not begun by November 1, 2005, working with other agencies to move forward.

The following persons appeared before the Board to present information and to respond to questions: Mark Bailey, Wake Environmental Services; Drew Cade, Lake Crabtree County Park; and Jack Butler, Chief, NC Superfund Section.

Upon motion of Commissioner Webb, seconded by Commissioner Council, the Board unanimously approved the Wake County Implementation Strategy for the Joint Local Government Task Force on polychlorinated biphenyls (PCB’s) contingent upon the placement of one sign with the County developing the signage (catch and release) along with materials reflecting the same language as the signage; and that a letter from the Chairman of the Board of Commissioners be sent to the mayors of the City of Raleigh and Town of Cary expressing Wake County’s intent to support the initiatives associated with this issue including public information, assisting in sampling strategies, and participating in the development of the remedial strategy; and that the local governments should continue the Task Force until it is replaced by a citizen based advisory and monitoring group created by the local governments. EPA Should be requested to create a Community Advisory Group for the site. The local governments should select members of the community to serve on the Advisory Group and they should also designate local government officials to be members of the Group who will attend and participate in the Group’s meetings.
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Note: Chairman Bryan called for a five-minute recess.
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UTILIZATION AND FUNDING AGREEMENTS WITH
TOWN OF KNIGHTDALE FOR ACCOMMODATION OF
WAKE EMS SYSTEM AMBULANCE STATION IN
KNIGHTDALE PUBLIC SAFETY BUILDING

In 1977 the Knightdale Rescue Squad, Inc. built an ambulance station at 24 South First Avenue on land owned by a neighboring property owner. That building has been operated as an EMS station ever since. In late 2001, the Board of Commissioners authorized a comprehensive review of fire and EMS facilities across Wake County. The review was completed by Heery Engineering in 2002, and has been used as a primary resource for development of capital improvements plans. Heery’s completed report recommended substantial repair and renovation work at the Knightdale Rescue Squad station at an estimated cost of $181,000. Facility Design/Construction, Public Safety and Knightdale EMS staff questioned whether it made financial and public-policy sense to invest those dollars in a now-28-year-old concrete-block structure on land owned by another person to whom the station would revert if its EMS use was discontinued.

In July of 2004, Town of Knightdale officials advised Wake County and Knightdale EMS that the Town had decided to build a new public safety facility, and would be willing to include co-location space for an EMS station within that facility if Wake County were willing to pay a proportional share of the public safety facility construction costs. Earlier this year, the Town of Knightdale decided to drop its plans for construction of a new public safety facility in favor of renovation of a business/warehouse facility located at 949 Steeple Square Court and built in 2001. The Town maintained its co-location offer.

On the heels of the Town of Knightdale offer, Eastern Wake Fire Department, Inc. made a similar co-location offer for a portion of its Fire Station 2 facility, built in 1945 and located at 401 Hester Street.

Heery Engineering was retained to conduct a cost/benefit analysis of all three options—renovation of the existing Knightdale EMS station, upfit of space for an EMS station co-located at the Town of Knightdale public safety facility and upfit of space at Eastern Wake Fire Station 2. On August 19, 2005, Heery submitted its “relocation study” report, concluding that of the three options, the most cost-effective option was co-location in the Town of Knightdale’s public safety facility. Heery ranked renovation of the existing Knightdale EMS station and co-location at Eastern Wake Fire Station 2 distant second and third choices.

Representatives of Wake County, Eastern Wake EMS and Eastern Wake Fire met on September 6, 2005 to review Heery’s analysis and recommendation. Those representatives concurred in the Heery analysis and recommendation.

Wake EMS staff also conducted a response-time analysis to see how relocation of the Eastern Wake EMS unit from its current station to the Town of Knightdale Public Safety facility would affect response time. The analysis indicated that response time performance of that unit would remain substantially the same.

In the FY 2006-2012 CIP, the FY 2006 budget has available a total of $310,000 for implementation of the best option for a Knightdale EMS facility ($181,000 budgeted in prior years for renovation work and $129,000 added in the FY 2006 CIP). Wake County, Knightdale EMS (now part of Eastern Wake EMS) and Town of Knightdale representatives have agreed that this amount is appropriate for Wake County’s share of the upfit cost for a co-located EMS facility.

Facilities Design/Construction and Public Safety staff and Eastern Wake EMS management recommend that co-location of Eastern Wake EMS’s Knightdale facilities in the Town of Knightdale’s public safety building proceed via adoption of a utilization agreement and accompanying funding agreement (both subject to approval of the County Attorney) with the Town of Knightdale that includes (but is not limited to) provisions for:
There was much discussion and questions about the recommended location, the process used for estimation of renovation costs, the funding agreement and
traffic patterns. The utilization/funding agreement approach has been used successfully in several public safety projects, including co-location of EMS facilities
at Fire Stations 1 and 2 in the Town of Fuquay-Varina; and Mr. Stout noted that a traffic study would be conducted by the County before construction
documents are finalized.

The following persons appeared before the Board to present information/respond to questions:
Phil Stout and John Jakowski of Facilities Design and Construction, Tim Guffey, Knightdale Public Safety, Fire Division, Garland Tant, Eastern Wake EMS, Skip Kirkwood of Emergency Medical Services.

Upon motion of Commissioner Ward, seconded by Commissioner Council, the Board authorized negotiation and execution of a funding agreement in the amount of $310,000 with the Town of Knightdale, as approved by the County Attorney, providing for funding of modifications to the Town’s new public safety facility to accommodate co-location of Wake EMS system resources at that facility; and 2) authorized negotiation and execution of a 30-year utilization agreement with the Town of Knightdale, as approved by the County Attorney, providing for occupancy and use of space and facilities at the Town’s new public safety facility for co-location of Wake EMS System resources at that facility. Commissioners Bryan, Council, Gardner, Gurley, Ward and Webb voted aye; Commissioner Jeffreys voted nay and asked that the record reflect his outstanding questions and concerns regarding the recommended location and traffic patterns in the area.
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ACCEPTANCE OF FY2005 HOMELAND SECURITY GRANTS

The United States Department of Homeland Security created the State Homeland Security Grant Program to support improvement of domestic terrorism preparedness at the State and local level through emergency prevention, preparedness, and response. In North Carolina, these funds are distributed to local agencies through the Department of Crime Control and Public Safety.

Wake County has requested and received the following: Interoperable Communications System Grant award of $690 million; $41,802 grant award to develop a National Incident Management System training program for each jurisdiction; $469,689 for acquisition of swift water rescue equipment, communications equipment, and training for team members of the state supported Urban Search and Rescue team based in Raleigh; and an award of $250,000 to the Bay Leaf Fire Department to allow Bay Leaf to purchase a new mobile air compressor system that meets current safety standards and a truck upon which this compressor system will be mounted. The new system will allow the department the ability to continue to refill air bottle at major fire incidents, hazmat incident and other toxic working environments.

These grant awards require no matching funds from Wake County; however Bay Leaf has agreed to contribute $50,000 from its fund balance toward the $150,000 purchase price of the mobile air compressor system.

Upon motion of Commissioner Ward, seconded by Commissioner Gurley, the Board unanimously approved the acceptance of the following Homeland Security grants: 1) FY2005 State Homeland Security Interoperable Communications grant of $690 million; 2) FY2005 State Homeland Security National Incident Management System Grant of $41,802; 3) FY2005 State Homeland Security Urban Search and Rescue Grant of $469,689; and 4) FY2005 State Homeland Security Grant of $250,000 for the Bayleaf Fire Department
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PROCLAMATION OF SUPPORT OF
OCTOBRER 23-31, 2005 AS RED RIBBON WEEK

The Wake County Parent-Teacher Association is requesting that the Board of Commissioners recognize Red Ribbon Week by proclaiming the week of October 23-31, 2005, as Red Ribbon Week in Wake County.

Commissioner Gurley read aloud the Proclamation in Support of October 23-31, 2005, as Red Ribbon Week. He then moved adoption of the proclamation, as read. Commissioner Council seconded the motion and upon vote, the Board unanimously approved adoption of the Proclamation of Support of October 23-31, 2005 as Red Ribbon Week in Wake County.

Mr. Derrick Byrd, President of Wake PTA along with Ms. Nancy Caggio, Chairman of the Wake PTA Public Safety Committee, made brief comments about the proclamation and activities planned for that week. Children attending the meeting in support of the proclamation were asked to introduce themselves and were personally greeted by the Board.
PROCLAMATION OF SUPPORT
OCTOBER 23-31, 2005, AS RED RIBBON WEEK
WAKE COUNTY, NORTH CAROLINA
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Note: Chairman Bryan announced a five-minute recess.

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LEASE EXTENSION FOR THE
SOUTH BRANCH LIBRARY

York Properties, Inc., managing agent for the South Branch Library property, has submitted a lease renewal proposal to the County for consideration. This proposed renewal would extend the lease for a period of three years from Jun 1, 2007 to May 31, 2010. The Landlord will continue to be responsible for
all exterior and interior facility and housekeeping of the facility. All other terms and conditions of the lease will remain in full force and effect.

The current seven-year Capital Improvement Program does not include funding for any library facilities in the vicinity of the South Branch Library through 2010. Therefore, it is not anticipated that this Branch would be replaced with a new building until after the lease extension expires.

Commissioner Webb made brief comments reference meetings with Wake Library Commission members, Library Director and concerned citizens in the area of the South Branch Library regarding the adequacy of the facility, the Library Master Plan and the timeframe for improved library facilities in this area of the County. He asked that those citizens be made aware of and included in the development of the next Program.

Commissioner Webb then moved that the Board approve the proposed lease extension with Rock Quarry Road Associates for the South Branch Library and that the County Manager be authorized to execute the lease extension on behalf of Wake County with the terms and conditions of the lease subject to approval of the County Attorney. The motion was seconded by Commissioner Ward and was unanimously approved.
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COMMITTEE REPORTS

Commissioner Gurley announced a Growth, Land Use and Environment Committee meeting Thursday, October 27, 2005, at 7:00 p.m., Holly Springs Town Hall, Holly Springs, NC, to discuss the Town of Holly Springs ETJ expansion request.
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Commissioners Gurley and Ward reported on the recent Volunteer Day Celebration, thanking all the volunteers who joined in the fun and indicating that the event marked a good beginning that will hopefully go on for many years to come. The Commissioners served as Co-Chairs of the event.
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CLOSED SESSION

Commissioner Ward made a motion to go into closed session to consider the qualifications, competence and performance of public employees. The motion was seconded by Commissioner Council and was unanimously approved.

Following the business in closed session, Chairman Bryan called the meeting back into regular session.
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APPROVAL OF COMPENSATION FOR
COUNTY MANAGER, COUNTY ATTORNEY AND
CLERK TO THE BOARD

Chairman Bryan commented on the work of the senior management team indicating that they are meeting and exceeding short- and long-term goals, and that the Board is exceptionally pleased with their performance, their work ethic and what they do for Wake County. He then moved a one-time salary adjustment of 8% to the Clerk to the Board; a pay raise of 8% to County Attorney Michael Ferrell; and a pay raise of 8% to County Manager David Cooke, all actions effective with the October 2005 payroll. Commissioner Council seconded the motion and upon vote, the motion passed unanimously.
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There being no further business to come before the Board, Chairman Bryan adjourned the meeting at 7:55 p.m., upon the motion of Commissioner Council, seconded by Commissioner Gurley and the unanimous vote of the Board.
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Gwendolyn I. Reynolds
Clerk to the Board