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    Minutes of 07-12-04 Board of Commissioners' Meeting (adopted)
WAKE COUNTY BOARD OF COMMISSIONERS
MINUTES
July 12, 2004
The Wake County Board of Commissioners met in regular session Monday, July 12, 2003, at 2:00 p.m. in the Commissioners’ Meeting 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

Chairman Gardner offered the invocation.
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APPROVAL OF AGENDA

Upon motion of Commissioner Ward, seconded by Commissioner Council, the Board unanimously approved the agenda of as revised, with the addition of WAKEGOV Triangle Triathlon Team presentation.
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APPROVAL OF MINUTES

Upon motion of Commissioner Jeffreys, seconded by Commissioner Council, the Board unanimously approved the minutes of June 21, 2004.

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RECOGNITION OF RETIREES

Chairman Gardner recognized County Manager David Cooke to make presentations to County employees retiring after twenty-five years or more of service. The following persons were recognized and presented with plaques of appreciation for their many years of service to the residents of Wake County:

Ms. Nellie Jones, Human Services
Ms. Joyce Massey, Human Services
Mr. Jerry Brown, Public Safety
Mr. Gary Knight, CCBI

The Commissioners expressed appreciation and extended best wishes to each of the employees for a long and happy retirement.
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RECOGNITION OF MRS. RUTH W. HOLLEMAN
RETIRING CHAIRPERSON OF THE WAKE COUNTY LIBRARY COMMISSION

Mrs. Ruth Holleman has served as a member of the Wake County Library Commission since July 1992 and as chair of the Commission since September 1994. During her tenure she has played a significant role in the continuing development and improvement of the Wake County Library System.

Mr. Doug Longhini, Community Services Administrator, read aloud the resolution, and comments were made by Apex Town manager Bruce Radford, Library Director Tom Moore and Library Commission Chair Sandy Babb.

Following the comments and upon motion of Commissioner Ward, seconded by Commissioner Webb, the Board unanimously adopted the resolution, as read, honoring Mrs. Ruth W. Holleman and naming the quiet reading room in the Eva Perry Regional Library, the "Ruth W. Holleman Quiet Reading Room."

RESOLUTION HONORING
RUTH W. HOLLEMAN

WHEREAS, Ruth W. Holleman has been a member of the Wake County Library Commission since July of 1992; and

WHEREAS, Ruth Holleman has served as chair of the Commission since September of 1994; and

WHEREAS, during her tenure as a Library Commission Member, Ruth Holleman actively promoted the successful passage of two bond referenda for the public library in the amounts of $10 million and $35 million; and

WHEREAS, during the time of her Chairmanship of the Library Commission, new branches were opened in Apex (Eva Perry Regional Branch), Green Road and Olivia Raney in Raleigh, Wake Forest, Zebulon, and the East Regional Branch in Knightdale; and

WHEREAS, Ruth Holleman was instrumental in establishing the Wake County Library Trust Fund in conjunction with the Triangle Community Foundation; and

WHEREAS, Ruth Holleman has made substantial financial contributions to the Wake County Library Trust Fund for the establishment of audio book service within the library system; and

WHEREAS, Ruth Holleman has been a tireless advocate for the library needs for all the citizens of Wake County, and has had a special place in her heart for the citizens of Apex,

NOW, THEREFORE, BE IT RESOLVED that the Wake County Board of Commissioners do hereby officially name the quiet reading room in the Eva Perry Regional Library, the “Ruth W. Holleman Quiet Reading Room” in honor of her dedication to public library service in Wake County.

Presented this the 21st day of June 2004.

____________________________________
Kenneth M. Gardner, Chairman
Wake County Board of Commissioners

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LENNOX CHASE AWARD RECOGNITION

Each year the Affordable Housing Tax Credit Coalition selects one special needs housing development in the nation for the Charles L. Edson Tax Credit Excellence Award. The Coalition is a national nonprofit corporation whose membership includes developers, syndicators, lenders, nonprofit groups, public agencies and others concerned with the low-income housing tax credit.

Mr. Greg Warren, Executive of Downtown Housing Improvement Corporation, came forward to present a plaque and information on the Charles L. Edson Tax Credit Excellence Award for the Lennox Chase Apartment project. The project is a 36-unit studio apartment complex located on Lake Wheeler Road in Raleigh, It opened in 2003 and was fully leased within five weeks. It is the first apartment complex building in Wake County that provides permanent, supported housing for homeless men and women. Wake County provided a loan of $582,148 for the development of the project and one full time social worker to ensure that residents receive the support services t hat they need.

Ms. Natalie Connell, Project Director for the Lennox Chase apartment complex, was recognized to thank each of the partners involved in the project.

Following comments and on behalf of the Board, Chairman Gardner received the Charles L. Edson Tax Credit Excellence Award for the Lennox Chase Apartment project.

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AWARD OF CONSTRUCTION CONTRACT
FOR RENOVATIONS TO 11TH FLOOR OF COURTHOUSE

In 1998 the County retained the national consulting firm of Carter Goble Associates to conduct a comprehensive study of facility needs through FY2008-2009 for the Tenth Judicial District. This study addressed space needs of all judicial functions that are required to be housed in County facilities.

The Plan includes creating a new Traffic Disposition Court on the Fayetteville Street Mall Level of the Courthouse to reduce crowding on the 2nd and 4th Floors as well as reduce elevator traffic. Approximately half of the 11th floor will be renovated to include flexible systems furniture, convenient and handicapped accessible Small Claims and Civil reception counter with direct access to records, secure offices and interview areas for Domestic Violence operations, and handicapped accessible toilets to accommodate Clerk of Court operations and District Court Judges. Various life safety improvements, including new fire sprinkler, emergency lighting and fire alarm systems will also be installed.

On June 3, 2004, bids for construction were received from contractors for the project in accordance with NC General Statutes. Staff recommends award of the construction contract to the low bidder. Sufficient funds are included in the Board approved Capital Improvement Program.

Upon motion of Commissioner Webb, seconded by Commissioner Bryan, the Board unanimously approved the award of construction contract to Centurion Construction Co., Inc., of Raleigh NC, in the amount of $606,830 for renovations to the 11th Floor of the Wake County Courthouse.
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TRANSFER OF FUNDS IN COUNTY CAPITAL PROJECTS FUND

On June 21, 2004, the Board of Commissioners approved the Fiscal Year 2005-2011 Capital Improvement Plan that included revisions to element definitions, specifically with respect to the Fire/EMS element. The FY 2004-2010 provides funds for projects in the Fire/EMS element that, in the future, will be included in the County Buildings element. In order to align prior projects with the manner in which they are budgeted in the FY2005-2011 CIP, a transfer of funds is necessary.

Upon motion of Commissioner Gurley, seconded by Commissioner Council, the Board unanimously approved authorizing the County Manager to transfer the capital budget for certain Emergency Medical Services (EMS) projects totaling $795,756 from t he Fire/EMS element of the County Capital Projects Fund to the County Buildings element of same fund.
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PROJECT CLOSURE AND REALLOCATION FOR
WAKE TECHNICAL COMMUNITY COLLEGE CAPITAL PROJECTS

The Wake Technical Community College Board of Trustees is requesting approval to close three projects and reallocated. The building for the new bookstore has been built, however, the staff of he College underestimated the cost of the shelving and other furnishings. An additional $100,1089 is estimated to be needed for completion of the project. Soil problems at the site of the Automotive and Heavy Equipment Facility have caused an additional $200,000 of unforeseen costs. The administration of Wake Tech requests that $273,620 be reallocated from the LeMay-Pucher addition project, which has $3.5 million available, and the remaining $26,488 reallocated from three projects that are ready to be closed. At such time as the Bookstore project and the Automotive and Heavy Equipment Facility are completed and the warranty periods expired, any remaining savings in the projects would be reallocated back to the LeMay-Pucher Addition project.

Upon motion of Commissioner Jeffreys, seconded by Commissioner Ward, the Board unanimously adopted a resolution approving the closing of three capital projects and reallocating to a remaining project, as outlined, for Wake Technical Community College capital projects.
RESOLUTION
TO REALLOCATE FUNDS FOR WAKE TECH CAPITAL PROJECTS


WHEREAS, Wake Technical Community College is engaged in various capital projects; and

WHEREAS, the College approved the projects listed below as part of its capital building program, and contracts have been or will be let for planning and design services and construction; and,

WHEREAS, projects have been completed and are ready to be closed out, with savings available to be transferred to other projects; and

WHEREAS, cost projections on the project listed below exceed the amount previously appropriated, thereby requiring part of the funds to be reallocated; and,

WHEREAS, Wake Technical Community College has duly requested, through a letter dated June 24, 2004, that the Board of Commissioners approve the closure of $26,488 of projects and reallocation of same plus an additional $273,620 within the capital program.

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

From: To:
LeMay-Pucher Project
$273,620
Automotive & Heavy Equip Facility
$200,000
Technology Building
15,837
Bookstore
100,108
Americans with Disabilities Act Compliance
9,944
Health Sciences Building
707
Total
$300,108
Total
$300,108

Adopted this the 12th day of July, 2004.
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EXCHANGE OF COUNTY OWNED PROPERTY
AT THE SITE OF THE PROPOSED LITTLE RIVER RESERVOIR PROJECT

At the June 21, 2004 Board of Commissioners meeting, the Board approved the proposed exchange of approximately 8.352 acres of County-owned property with an estimated value of $45,936 for approximately 20.498 acres owned by Betty Penny with an estimated value of $121,517 needed to support the development of the Little River Reservoir project. To facilitate an equitable exchange the County will pay the Seller as additional compensation the sum of $75,581. The County owned property is further identified as a portion of Wake County PIN#1788.04 51 1576. The property owned by Betty Penny is further identified as a portion of Wake County PIN #1788.04 1031. It is required that exchange of real property be conducted instruct compliance with North Carolina General Statute 160A-271. As required by this statute, a public notice of the proposed exchange was published at least ten days prior to the July 12, 2004 Board meeting.

Upon motion of Commissioner Bryan, seconded by Commissioner Webb, the Board unanimously approved the exchange of approximately 8.352 acres owned by Wake County for approximately 20.498 acres owned by Betty Penny and payment in the amount of $75,581 as additional compensation to facilitate an equitable exchange; and that the County Manager be authorized to execute a contract on behalf of Wake County for the exchange of this property.
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EXCHANGE OF A PORTION OF THE HARTSFIELD-PRICE-PERRY FARM
PURCHASED AS A PART OF THE
WAKE COUNTY OPEN SPACE PRESERVATION PROGRAM

In January 2002, Wake County purchased approximately 89 acres, referred to as the Hartsfield-Price-Perry Farm, from Leslie A. Pearce for the Wake County Open Space Preservation Program. As part of this transaction, an approximately 23-acre tract was subdivided from the parent parcel and remains under the ownership of Mr. Pearce. This 23-acre parcel includes the farmstead area, house, barns and associated outbuildings all of which have significant historical value and are currently maintained by Mr. Pearce. The subdivision line as established in 2002 separates approximately one acre of pastureland from the remaining farmstead area. Mr. Pearce desires to utilize this fenced pasture as a part of the farm operation and has requested that the County consider exchanging e approximately one acre of pasture for approximately one acre of his adjoining property. Mr. Pearce will be responsible for all costs associated with this exchange. The two parcels to be exchanged will be of equal size and comparable in value.

As required by NCGS 160A-271, a public notice of this proposed exchange was published at least ten days prior to the July 1,2 2004 Board meeting.

Upon motion of Commissioner Ward, seconded by Commissioner Webb, the Board unanimously approved the exchange of approximately 1.0 acre owned by Wake County (portion of PIN #1778.02 98 6915) for approximately 1.0 acre owned by Leslie A. Pearce (portion of PIN #1778.02 97 9836).
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TAX REPORT

Upon Motion of Commissioner Council, seconded by Commissioner Jeffreys, the Board accepted and unanimously approved the tax reports as recommended by the Tax Committee:

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

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TOWN OF GARNER’S CENTENNIAL CELEBRATION COMMITTEE
REQUEST FOR FINANCIAL ASSISTANCE

Mr. Don Rohrbaugh, former Garner Town Mayor and Vice-Chairman of the Town's Centennial Committee, appeared before the Board to officially request County financial assistance in celebrating the Town's 100th birthday. The Mayor stated that the celebration was kicked off on July 3, with an Independence Day Festival at Lake Benson Park. The Garner Centennial Celebration Committee is in the process of finalizing events, which will be held during the next ten months, culminating on the Town’s birthday April 16, 2005.

Upon motion of Commissioner Ward, seconded by Commissioner Webb, the Board unanimously approved a $25,000 grant request from the Town of Garner's Centennial Celebration Committee to assist the Town in its Centennial Celebration efforts.
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PUBLIC HEARING
ROLESVILLE EXTRA-TERRITORIAL JURISDICTION AREA REQUEST

Chairman Gardner announced the public hearing to consider the Town of Rolesville’s request to extend it extraterritorial jurisdiction, duly advertised as provided by statute for Monday, July 12, 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 comment on the request. She stated that the Town had request to extend its jurisdiction to the south and west of its planning jurisdiction, an area that totals 2,444 acres. She identified the proposed ETJ boundary and outlined the Town's compliance with the County's seven criteria in considering ETJ requests: the proposed ETJ expansion area is classified as an Urban Services Area; the Town has demonstrated a commitment to comprehensive planning and a willingness to adopt special regulations dealing with transportation corridors, watershed, etc., where pertinent; the Town has provided evidence of a plan/strategy on how the requested expansion area is to be served with water and sewer service; demonstrated evidence of feasibility for urban density development for the ETJ expansion area; adopted planning and policy goals to support annexation of the ETJ area within the next ten years, taking into consideration relevant County and municipal plans and policies, past development experiences and previous projects; and the Town has demonstrated progress regarding annexation of its requested ETJ areas.

It was noted that the Town amended its initial request to adjust boundaries to exclude the area located in the watershed. The County will maintain the watershed area in the County's jurisdiction. It was also noted that the Town intends to adopt special highway overlay to protect US 401 bypass corridor. The Town recently completed a utility merger with the City of Raleigh to provide water and sewer in expanded, existing and proposed water lines in proposed area. Further, the Town is currently developing a stormwater ordinance.

Chairman Gardner opened the hearing and announced that those persons in support of the request would be heard at this time:

1. Mr. Brian Hicks, Planning Director, Town of Rolesville

There were no comments in opposition to the request.

The Chairman then closed the public hearing and called for recommendations from the Planning staff and Planning Board.

Ms. Wilson reported that Planning staff recommend approval of the ETJ request.

Mr. Mason Williams, Chairman of the Wake County Planning Board, reported that the Planning Board unanimously recommends that the Board of Commissioners approve the request.

Following discussion and upon motion of Commissioner Webb, seconded by Commissioner Bryan, the Board unanimously approved the requested extra-territorial jurisdiction area submitted by the Town of Rolesville.
RESOLUTION
EXTENDING THE EXTRA-TERRITORIAL JURISDICTION AREA
TOWN OF ROLESVILLE

WHEREAS, North Carolina General Statute 160A-360 provides that extra-territorial jurisdiction (ETJ) agreements, as evidenced by a formally adopted resolution(s), may be modified by mutual consent of the legislative bodies concerned; and

WHEREAS, North Carolina General Statute 160A-360 provides that, with the approval of the Board of Commissioners, a municipality may exercise extra-territorial jurisdiction within a defined area not more than one mile beyond its limits; and

WHEREAS, in accordance with the provisions of the North Carolina General Statute 160A-360, the Town of Rolesville has presented a request to the Wake County Board of Commissioners to extend extra-territorial jurisdiction over an area not more than one mile beyond its corporate limits; and

WHEREAS the Town’s policies and plans for, as well as conditions in, the area requested for extra-territorial jurisdiction meet the criteria adopted by the Wake County Board of Commissioners for evaluating ETJ extension requests; and

WHEREAS, the area requested is situated outside the Non-Urban Area, Falls Lake Water Supply Watershed in Wake County’s jurisdiction.

NOW, THEREFORE BE IT RESOLVED BY THE WAKE COUNTY BOARD OF COMMISSIONERS AS FOLLOWS:
Section 1

That, the extra-territorial jurisdiction of the Town of Rolesville be modified to include the area generally identified by the red area o the attached map entitled – Rolesville ETJ Request Area (adopted July 12, 2004), an area that totals two-thousand, four-hundred, and forty-four, point zero-five-six (2,444.056) acres.
Section 2

This resolution will become effective a week from its adoption.
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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 purpose a time certain (3:00 p.m.) has been set aside for public comment.

Chairman Gardner announced that there were no persons requesting to appear before the Board at this time. He then declared the public comment portion of the meeting closed.

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PUBLIC HEARING
LAND USE PLAN MAP AMENDMENTS, PART II OF 2003 UPDATE

Chairman Gardner announced the public hearing to consider Land Use Plan map amendments, Part II of 2003 Update, duly advertised as provided by statute for Monday, July 12, 2004, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.

Ms. Melanie Wilson gave introductory remarks. She then called on Mr. Tim Clark of the Planning Department to present more detailed information on the Land Use Plan map amendments. Mr. Clark presented information on the five changes to the Wake County Land Use Plan based on requests from the Towns of Cary, Holly Springs, Fuquay-Varina, Zebulon and Wendell:

1. Move boundary between Cary’s Long-range Urban Services Area and Short Range Urban Services Area in order to follow property lines or rights of way in the vicinity of White Oak Church Road south of Green Level Church Road and north of Green Level West Road.

2. Change the area shown as unresolved urban services area on the current Wake County Land Use Plan General Classifications Map between Holly Springs and Cary and designate it as Holly Springs’ Short Range Urban Services Area.

3. Designate as Fuquay-Varina’s Short Range Urban Services Area the area identified as Planned Growth Areas on the Fuquay-Varina portion of the Fuquay-Varina /Garner Area Land Use Plan.

4. Designate as Zebulon’s Short Range Urban Services Area the area to the north of Proctor Road, east of NC 96, south of Pippin and Debnam Roads and west of the Wake County line.

5. Classify the area bounded by Poole Road, Martin Pond Road, the existing Wendell Short Range Urban Services Area and Richardson Road as Wendell’s Short Range Urban Services Area.

Chairman Gardner opened the public hearing and announced that those persons in support of the amendments would be heard at this time.

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

Chairman Gardner then declared the hearing closed and called for recommendations from the Planning staff and Planning Board.

Mr. Clark reported that Planning staff recommends approval of the proposed amendments.

Mr. Mason Williams, Chairman of the Wake County Planning Board, reported that the Board unanimously recommends approval.

Chairman Gardner called for action by the Board and upon motion of Commissioner Jeffreys, seconded by Commissioner Gurley, the Board unanimously adopted a resolution amending the General Classifications Map of the Wake County Land Use Plan to show changes in urban services area.

ORDINANCE
AMENDING THE WAKE COUNTY LAND USE PLAN,
GENERAL CLASSIFICATIONS MAP, TO SHOW CHANGES IN THE
URBAN SERVICES AREA

WHEREAS, the proposed land use plan map amendments are consistent with the Wake County Land Use Plan;

WHEREAS, the proposed land use plan map amendments would promote the general health and public welfare of the citizens of Wake County;

WHEREAS, the proposed land use plan map amendments are consistent with the General Classifications Policies and Transitional Urban Development Policies in the Wake County Land Use Plan; and

WHEREAS, the Wake County Board of Commissioners held a duly-noticed public hearing to consider amending the Wake County Land Use Plan to change the classification of urban services areas associated with the Towns of Cary, Holly Springs, Fuquay-Varina, Zebulon and Wendell;

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

The proposed land use plan map amendments are found to be consistent with the Wake County Land Use Plan and to otherwise promote the public health, safety, and general welfare, and the Wake County Land Use Plan, and General Classifications Map are hereby amended as follows:
PETITION NO. 03/04/B, 03/06/A, 03/06/B, 03/07/A, 03/08/A To:

1. Move the boundary between Cary’s Long Range Urban Services Area and Short Range Urban Services Area in order to follow property lines or rights of way in the vicinity of White Oak Church Road south of Green Level Church Road and north of Green Level West Road;

2. Change the area shown as unresolved urban service area on the current Wake County Land Use Plan General Classifications Map between Holly Springs and Cary and designate it as Holly Springs’ Short Range Urban Services Area;

3. Designate as Fuquay-Varina’s Short Range Urban Services Area the areas identified as Planned Growth Areas on the Fuquay-Varina portion of the Fuquay-Varina/Garner Area Land Use Plan;

4. Designate as Zebulon’s Short Range Urban Services Area the area to the north of Proctor Road, east of NC 96, south of Pippin and Debnam Roads and west of the Wake County Line;

5. Classify the area bounded by Poole Road, Martin Pond Road, the existing Wendell Short Range Urban Services Area and Richardson Road as Wendell’s Short Range Urban Services Area.

SECTION II

This amendment shall become effective upon adoption of this ordinance.
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INTERLOCAL AGREEMENT FOR LAND ACQUISITION FOR
WEST REGIONAL WASTEWATER FACILITIES

In August 1998, an update of the Wake County Water/Sewer Plan was completed with oversight by the Board appointed Water and Sewer Task Force. Recommendation No. 1 of the Plan states that as a long range vision, develop a single water and sewer utility system in Wake County by the year 2015.

Over the past two years senior staff representing Apex, Cary, Fuquay-Varina, Holly Springs, Morrisville and Wake County have been collaborating pursuing regional solutions to meet the combined long-term wastewater needs of western Wake County.

An interlocal agreement addressing the key responsibilities has been drafted with the following assumptions:

1. Wake County will, if requested in writing by the municipal partners, be the lead agency in land acquisition for the wastewater treatment plant and pump station sites

2. Wake County will, if requested in writing by the municipal partners, finance the costs of land acquisition (up to $11 million to be financed); Partners to the interlocal agreement will fully reimburse Wake County for principal amount, plus interest and other related costs over a period of 20 years;

3. Cary will apply (on behalf of participating Towns) for low interest State loan(s) for engineering/permitting services. Wake County will not be a party to the application and will have not financial obligation regarding the loan(s).

4. Cary will be the contracting entity for the next phase of design/permitting services. Wake County will have no financial obligation for any design/permitting services.

5. The Towns desiring to design, permit, construct, operate and maintain the West Regional Wastewater Facilities agree to negotiate in good faith to finalize subsequent agreement(s) binding them to jointly pursue completion of the project by 2011. Wake County will not be party to the subsequent agreement(s).

Funding for land acquisition is included in the County seven-year Capital Improvement Program recently endorsed by the Board. The application deadline for applying for the next round of low interest State loan refunds for this type of wastewater project is August 1, 2004.

There were brief comments by Mr. Phil Stout, Facilities Design and Construction and Mr. Tommy Esquada of Camp, Dresser and McKee, reported on the process and conclusions reached over the past two years.

Upon motion of Commissioner Bryan, seconded by Commissioner Council, the Board unanimously approved an Interlocal Agreement subject to final terms and conditions being acceptable to the County Attorney.

NORTH CAROLINA
INTERLOCAL AGREEMENT
WAKE COUNTY



This INTERLOCAL AGREEMENT is dated as of _________________________, 2004, (original or as supplemented or amended, referred to herein as the “Agreement”), and is among the towns of APEX (“Apex”); CARY (“Cary”); HOLLY SPRINGS (“Holly Springs”); MORRISVILLE (“Morrisville”), all of the above being municipal corporations and public bodies politic of the State of North Carolina (herein sometimes collectively referred to as the Municipal Parties); and WAKE COUNTY (the “County”), a body politic and a political subdivision of the State of North Carolina.

RECITALS

WHEREAS, the parties to this Agreement previously were parties to an Interlocal Agreement for Regional Wastewater Treatment Study (the “Interlocal Study Agreement”) dated as of May 1, 2002, regarding the identification of regional solutions to the wastewater capacity needs of the parties to the year 2030; and

WHEREAS, the Interlocal Study Agreement contemplated that there would be further collaboration between some or all of the parties to work together toward a regional wastewater project, which is further described below (the Project); and

WHEREAS, as a result of Interlocal Study Agreement the parties to this Agreement have identified a preferred wastewater management solution which requires the construction of regional raw wastewater pumping and conveyance facilities; a regional water reclamation facility; a regional biosolids management facility, and an effluent pumping and conveyance system (collectively referred to as the Regional Wastewater Management Facilities or the “Project”); and

WHEREAS, as a result of Interlocal Study Agreement the parties have initiated preliminary site investigations and preliminary permitting activities for the preferred wastewater management solution; and

WHEREAS, the parties desire to apply to the North Carolina Construction Grants and Loan Section of the Division of Water Quality to a obtain low-interest construction loan to fund a portion of the construction of the Project; and

WHEREAS, the parties are required to prepare an Environmental Impact Statement and a 201 Facilities Plan in order to obtain the NPDES permit for the regional water reclamation facility and the low-interest construction loan to construct the facilities, respectively; and

WHEREAS, the parties desire to obtain a low-interest planning loan from the North Carolina Construction Grants and Loan Section of the Division of Water Quality to prepare the Environmental Impact Statement, the 201 Facilities Plan, NPDES permit application, and Construction Documents; and

WHEREAS, the parties desire to acquire land upon which the regional wastewater management facilities will be constructed; and

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

NOW THEREFORE, for and in consideration of the mutual promises and covenants contained in this Agreement and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows:


ARTICLE I

DEFINITIONS; RULES OF CONSTRUCTION


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

201 Facilities Plan: An engineering document prepared by the local governments to plan and define the wastewater facilities to be constructed. The 201 Facilities Plan, and the Environmental Impact Statement, will be submitted to the North Carolina Division of Water Quality Construction Grants and Loan Section as part of the low-interest construction loan application. As an engineering document, the 201 Facilities Plan must be signed and sealed by a professional engineer licensed to practice in North Carolina.

Business Day: Any day that is not a Saturday or Sunday, or a day on which banks in the State are required by law to be closed.

Clean Water State Revolving Fund (SRF): A low-interest loan funding source made available to North Carolina local governments for the purpose of constructing wastewater facilities. Eighty-percent of the money in the fund is provided by the U.S. Congress and the remaining 20 percent is provided by the North Carolina General Assembly. The interest rate for the loan is based on 50-percent of the Bond Buyers 20 Bond Index as of March 1st of each year, and the term is established at 20 years. To secure a loan it is necessary to prepare a 201 Facilities Plan and receive approval for the loan from the Local Government Commission. The interest rate can never be greater than 4 percent.

Construction Documents: The graphic and written information, prepared or assembled by a registered professional engineer, for communicating the design intent and administering the Project during construction.

Environmental Impact Statement: An environmental document prepared by the local governments to identify the environmental impacts associated with the Project, and the mitigation measures that will be implemented to minimize the impacts. The requirements associated with the preparation of the document are defined in North Carolina General Statute 113A-4(2).

Municipal Parties: Town of Apex, Town of Cary, Town of Holly Springs and the Town of Morrisville

NPDES Permit: The National Pollution Discharge Elimination System (NPDES) program is a federally mandated, nationwide system for permitting pollutant discharges into receiving streams. The local governments will submit an application to the State of North Carolina to obtain a new NPDES Permit that will allow for a new municipal wastewater discharge to the Cape Fear River.

North Carolina Division of Water Quality Construction Grants and Loan Section (CG&L Section): The state agency delegated to administer to the North Carolina Clean Water State Revolving Fund Program.

Record of Decision: A document prepared by NC DENR staff to serve as concise public record of the decision pertaining to the Environmental Impact Statement. The Record of Decision will include the following information:

(a) Statement discussing the project and the decision made;

(b) Identification of all alternatives considered, specifying the most environmentally preferable;

(c) Discussion justifying the chosen alternative; and

(d) Certification that all methods of avoiding or minimizing environmental impacts contained in the EIS will be implemented, or the reasons why not.

Once the record of decision has been issued, the local governments can proceed with submitting an NPDES permit application to the Division of Water Quality and the low-interest construction loan application to the Construction Grants and Loan Section.

Regional Wastewater Management Facilities: Regional raw wastewater pumping and conveyance facilities; a regional water reclamation facility; a regional biosolids management facility, and an effluent pumping and conveyance system.

Technical Advisory Committee: A committee of senior staff members from the Municipal Parties that shall be responsible for managing and coordinating the legal, financial technical and regulatory work to be completed under this Agreement. The Town of Cary Public Works and Utilities Director, or designee, will chair the Technical Advisory Committee. Town Manager from each of the other Municipal Parties shall submit a letter to the Chair of Technical Advisory Committee identifying the senior staff member, and designated alternates, that shall serve as the Municipal Parties representatives on the Technical Advisory Committee.

1.02. Rules of Construction. Unless the context otherwise indicates:

(a) Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include the feminine and neuter genders as well.

(b) All references to Articles, Sections, or Exhibits are references to Articles, Sections, or Exhibits of this Agreement.

(c) All references to a “party” or the “parties” are to the parties to this Agreement.

(d) All references to “officers” are references to officers of the parties to this Agreement.

(e) The headings herein are solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect.


ARTICLE II

LAND ACQUISITION


2.01. Purpose. Wake County has agreed to provide a loan for up to $11 million for the acquisition of land upon which regional pumping stations and a regional water reclamation facility and biosolids management facility will be constructed. If the costs for the land acquisition requested by the Municipal Parties exceed $11 million, then each Municipal Party shall provide a pro-rata proportion of the additional funding required for completing the land acquisition. The pro-rata proportion of additional costs required from each Municipal Party shall be in accordance with the cost distribution presented in Attachment A.

The purpose of this Article of the Agreement is to set forth the terms and conditions pursuant to which the Municipal Parties will collaborate with Wake County to purchase the parcel or parcels of land that the Municipal Parties identify for the construction of regional pumping stations and the regional water reclamation facility and biosolids management facility.

2.02. Parcel Identification. The Municipal Parties will submit a letter to Wake County identifying the parcels to be acquired for the Project. The letter will indicate that the Municipal Parties are unanimous in the selection of the identified parcels, and request Wake County to initiate activities associated with acquiring the parcels. The information and data associated with the parcels to be acquired by Wake County will be delivered to Wake County within ninety (90) calendar days of the date of this Agreement. The Municipal Parties may elect to purchase or finance all or portions of the land separately from the County and, if so, will notify the County in writing within ninety (90) days of the execution of this agreement.

2.03. Purchase. The parties agree that the County will purchase the parcels on behalf of the Municipal Parties. The County will make best efforts to make said purchase(s) on or before June 30, 2006. Title shall be obtained (except in the case of eminent domain actions) by fee simple general warranty deed, free and clear of all liens and exceptions, except as agreed to in writing by the Municipal Parties. Prior to any closing the County shall conduct appropriate environmental examinations of the parcels and shall, by certified mail, provide Municipal Parties with written results of those examinations. Unless, within 20 days of such mailing, Municipal Parties object, in writing delivered to County by certified mail, to the findings of environmental reports, the Municipal Parties will be deemed to have accepted those findings and consented to the purchase of the parcel(s). All contracts for the purchase of parcels shall contain a condition allowing the County, in its sole discretion, to terminate the contract if any environmental problems are identified by an environmental examination.

2.04. Eminent Domain. In the event that any of the parcels must be acquired by the exercise of the power of eminent domain, the County will make best efforts to institute such an action in its name on behalf of the Municipal Parties no later than June 30, 2006. The parties agree that if, in the opinion of the County Attorney, it is necessary that any or all of the Municipal Parties become named parties in any eminent domain action, then the Municipal Parties will participate in that action as named parties.

2.05 Payment. Subject to the limitations expressed in paragraph 2.01, the County will fund land acquisition costs incurred in connection with the purchase of the identified parcels including, but not limited to, the purchase price, legal fees, appraisals, surveys, site examinations, court costs associated with eminent domain proceedings, if necessary, all environmental due diligence analyses, bond issuance costs and accrued interest (hereinafter referred to as the “Land Acquisition Costs”). In the event the County decides, in its sole discretion, to finance the Land Acquisition Costs, it will use its best efforts to finance the Land Acquisition Costs over a period of twenty (20) years and will use its best efforts to structure such financing with level debt service payments.

2.06 Title. Title to the parcels shall be in the name of the County until such time as the County is repaid all costs as provided in Section 5.01. If title is obtained pursuant to an eminent domain action in which parties other than the County are named condemnors, the parties agree that, upon vesting of title or completion of the eminent domain action, at the County’s sole discretion, the parties will transfer title to the County. Upon full repayment, or at such time as the County otherwise, in its sole discretion, elects, title to the parcels shall be transferred to the Municipal Parties or to an operating entity or entities as established by further agreements of the parties. Municipal Parties agree that they will accept title to the parcels or will require that any operating entity or entities will, at such time as the County elects, accept transfer of title by the County by a deed of at lease equal rank as the deed received by County for the parcel. In the event title does not pass to the Municipal Parties or an operating entity prior to such time as the parities need access to the parcels for surveys, tests and design work, or for construction and operation of Regional Wastewater Management Facilities, then the County shall, and does hereby, grant the Municipal Parties or their operating entity a license to enter onto and use the parcels for the purposes for which they were acquired including the design, construction and operation of the Regional Wastewater Management Facilities. By accepting such license, the Municipal Parties each agree to indemnify and hold harmless the County from any personal injury, property damage or loss of any kind which may occur as a result of the use of the parcels by the Municipal Parties or their operating entity pursuant to said license. In the event the County transfers title prior to the repayment of all Municipal Parties obligations pursuant to section 5.01 of this Agreement, Municipal Parties agree that they will, not inconsistent with State law, execute any documents reasonably required by the County to secure payment of those obligations.

2.07. Records. The County shall keep complete records of all costs associated with acquisition of the parcels, and shall make such records available for inspection at reasonable times by any Municipal Party.


ARTICLE III

PLANNING AND ENGINEERING


3.01 Purpose. The work products to be developed under this Agreement are:

(a) The analysis, document(s) and agreement(s) related to organizational, institutional, and financial development of the Regional Wastewater Management Facilities, as needed to proceed to the next step of final design and construction of the Regional Wastewater Management Facilities.

(b) A Preliminary Engineering Report providing the detail necessary to support loan applications, environmental documentation, and design criteria for the Regional Wastewater Management Facilities.

(c) A 201 Facilities Plan that meets the requirements for obtaining CG&L Section loan funding for construction of a portion of the Regional Wastewater Management Facilities.

(d) An Environmental Impact Statement for the Regional Wastewater Management Facilities as required by the State, and such supporting documents and meetings as required for obtaining a favorable Record of Decision for the NPDES Permit.

(e) A loan application to the CG&L Section for the planning and engineering work.

3.02. Lead Agency. For the work to be accomplished under this Agreement, the Town of Cary will serve as the lead agency. As such, the Town will apply for, receive, and repay loan funds received from the State; solicit proposals from, select, contract with and pay service providers to perform the work; collect payments from Municipal Parties to the agreement; and apply for an NPDES permit from the State. The Town of Cary shall serve as an agent to pay service providers’ invoices for Work, but shall only be legally obligated for its pro rata share of such costs as set forth in Attachment A. Each of the parties shall indemnify and contribute the pro rata share of such costs as each party’s pro rata share is defined in Attachment A.

3.03 Technical Advisory Committee Responsibilities. The responsibilities of the Technical Advisory Committee will include, but not necessarily be limited to, the following:

(a) Determining the scope of work for the efforts to be completed under this Agreement;

(b) Developing requests for proposals for the work;

(c) Reviewing and analyzing proposals submitted by service providers;

(d) Making recommendations to the Town of Cary for which service provider(s) should be selected to perform all or portions of the work;

(e) Assuring that all information pertinent to the work is conveyed to service providers in an expeditious manner;

(f) Receiving and reviewing regular progress reports on the work;

(g) Closely reviewing periodic draft documents provided by service providers;

(h) Generally overseeing the conduct of the work;

(i) Meeting as necessary, with such meetings to be called by the chair of the Technical Advisory Committee.

3.04 Funding. The Town of Cary shall, on behalf of the Municipal Parties, apply for funds from the CG&L Section for a Planning Loan. The proceeds from the Planning Loan will be used to prepare the Environmental Impact Statement and 201 Facilities Plan, obtain an NPDES permit for the regional water reclamation facility, apply for a low-interest construction loan from the CG&L Section and prepare a portion of the construction documents for the Regional Wastewater Management Facilities. Each of the Municipal Parties shall approve the CG&L application prior to submission by the Town of Cary to the State of North Carolina. Approvals shall be made within 14 business days of delivery of the application to the Municipal Parties. Approval of the CG&L loan application shall not be unreasonably withheld by any of the Municipal Parties.

3.05 Contracts. Promptly after approval of funding by the CG&L Section, the Town of Cary shall, on behalf of the Municipal Parties, enter into contracts for preparing the Environmental Impact Statement, 201 Facilities Plan, obtaining an NPDES permit, and applying for a low-interest construction loan. Each of these contracts is subject to the approval of each Municipal Party. If the combined cost of the contracts exceeds funds received by the Town of Cary from the CG&L Section, then each Municipal Party shall provide a pro-rata share of the additional costs in accordance with the cost distributions presented Attachment A.

Each of the Municipal Parties shall execute and provide the Town of Cary with such writings, instruments and documents as are needed to evidence to third parties the interests and obligations contemplated herein.

3.06. Ownership of Work Product. Except as provided in Section 3.07, all of the work resulting from this Work shall be owned jointly and severally by each of the Municipal Parties to this Agreement. Any additional work contracted for by one or more of the Municipal Parties to this Agreement as specified in Section 3.07 shall be owned exclusively by the local government which contracted for each item of additional work. Every Municipal Party shall receive directly from each service provider a copy of all correspondence, documents, preliminary reports, and final reports. Each Municipal Party may use all such work in any manner it deems appropriate, either in collaboration with all other Municipal Parties, some of the other Municipal Parties, or alone.

3.07. Individual Change Orders/Addenda. The Municipal Parties, through their representatives on the Technical Advisory Committee, shall agree to a scope of work that shall be common to, serve the interests of, and be the property of all parties. If, however, there is particular work which one or more parties desire to have done, which is not agreed to by a unanimous vote of the Technical Advisory Committee and approved by the Town of Cary, that party or parties may add such work to the contract by way of a request to the Town of Cary. The additional work must be requested in a letter to the Town of Cary, and the letter must specify the scope and cost of the additional work, and include a commitment to pay the full cost thereof. Any party or parties requesting such additional work shall be solely responsible for the costs of such work, the work product from such additional work shall be the sole property of the entity or entities contracting for such additional work. Invoices for such additional work shall be included as separate tasks in the invoices sent to the Town of Cary for the work. The invoices will be transmitted to and paid by the party or parties requesting the work as described in Section 3.02.


ARTICLE IV

NPDES PERMIT


Once the Record of Decision has been issued by the North Carolina Department of Environment and Natural Resources (NC DENR) for the Environmental Impact Statement and 201 Facilities Plan, the Town of Cary shall, on behalf of all the Municipal Parties apply for an NPDES Permit. Each of the Municipal Parties shall approve the NPDES Permit Application prior to submission by the Town of Cary to the State of North Carolina. Approvals shall be made within 14 business days of submission of the application to the Municipal Parties. Approval of the NPDES permit application shall not be unreasonably withheld by any of the Municipal Parties.
ARTICLE V

PAYMENT


5.01 Repayment to County. The Municipal Parties agree to repay to the County all Land Acquisition Costs (as defined in Section 2.05). Upon completion of the acquisition of the parcels, the County shall provide each Municipal Party a payment schedule based on the pro-rata proportions shown in Attachment A. If the County finances the Land Acquisition Costs, such payments shall coincide with the County’s debt service payments for the financing. The initial payment shall include any accrued interest plus 1/20th of the principal balance due to the County. If eminent domain is used to acquire the site, acquisition for purpose of this section shall be deemed to occur upon vesting of title. Payments shall be due as provided on the payment schedule. The repayment to the County shall be in the pro-rata proportions shown in Attachment A. In the event a payment is not received by the County within ten (10) days of the scheduled payment date, a 10% penalty be assessed for each day thereafter.

In the event the County pays the Land Acquisition Costs with available funds rather than financing such costs, then, in addition to the Land Acquisition Costs defined in Section 2.05, each Municipal Party shall reimburse the County its pro-rata proportion (in accordance with Schedule A) of the lost earnings on the funds used for the Land Acquisition Costs at the monthly earnings rate these funds would have received if they had been invested with the North Carolina Capital Trust. This amount will be included in the payment schedule provided to each Municipal Party.

5.02. Planning Loan Repayment. The Municipal Parties agree to repay to the CG&L Section (through the Town of Cary) all loan amounts used exclusively to fund the preparation of the Environmental Impact Statement, 201 Facilities Plan, the NPDES permit application, CG&L construction loan application, and construction documents. The repayment obligation for each Municipal Party shall be in accordance with the requirements of the SRF Program and shall be in the pro-rata proportions shown in Attachment A. The first loan payment for the CG&L loan is anticipated to be required in November 2007. Subsequent loan payments to the CG&L Section will be due each May and November of every year thereafter for approximately twenty (20) years. The Town of Cary will send each Municipal Party a report showing each party’s pro-rata share of the payments. Each party shall pay to the Town of Cary it’s pro-rata share by the date the payment to the State is due.

5.03. Payment for Work Not Included in the State Loan. For invoices for services not included in the State loan, the Town of Cary will send to each Municipal Party on a monthly basis a report of each invoice paid by the Town of Cary during the month with a calculation showing each party’s pro-rata share. Municipal Parties agree to pay all such invoices within thirty (30) days.


ARTICLE VI

JOINING INTERLOCAL AGREEMENT


The parties agree that other local governments may be allowed to join in this effort and become a party to this Agreement, when the entry of such other local governments will further this effort to establish the most effective Project. Any local government seeking to be allowed to participate in this effort, and to be a party to this Agreement, shall be subject to approval of the then existing Municipal Parties. Upon the admission of another local government to this Agreement, the pro-rata proportions shall be revised to reflect the addition of a new local government to the Agreement. Once the pro-rata proportions have been revised, the new local government will be required to pay its pro-rata proportion of all costs incurred by the existing local governments for land acquisition, permitting professional services, and other costs incurred by the Municipal Parties to this Agreement. Upon receipt of payments for its pro-rata proportion of land acquisition, professional services, and other costs as stipulated herein, the Agreement shall be amended as necessary to allow for such party to participate.

ARTICLE VII

FURTHER COLLABORATION


7.01 Principles of Participation in Project. The Municipal Parties agree that additional agreements shall be executed to establish the methods for final design, construction, operation, and maintenance, and to provide additional funding required for the Project, and that those agreements shall adhere firmly to the following principles:

(a) All of the Municipal Parties shall work cooperatively to reach a mutual agreement as to the portion of the capacity of the Regional Wastewater Management Facilities that will be allocated to each party’s use.

(b) All Municipal Parties agree that there will be no refund of costs incurred under this Agreement to any parties who elect not to participate in final design and construction of the Regional Wastewater Management Facilities.

(c) All Municipal Parties agree to be bound by the payment obligations incurred herein for land acquisition costs and planning loan costs, and to appropriate funds as necessary in futures years to pay those obligations as prescribed in this Agreement.

(d) Each Municipal Party will, consistent with the best interests of its citizens, undertake to support and further any future collaboration effort, and not to damage unreasonably the prospects for regional cooperation.

(e) All Municipal Parties agree that intergovernmental cooperation for the Project must result in improved efficiency and high quality service for all parties.

(f) All Municipal Parties agree that the organization and management plan for the Regional Wastewater Management Facilities must be efficient, effective and result in a reasonable unit cost of service.

(g) All Municipal Parties agree that water reclamation and reuse should be pursued by all local governments for improved environmental protection and water resource management;

(h) Each Municipal Party commits in principle to practice responsible growth management, as determined in the sole discretion of the governing board of each party.

(i) Each Municipal Party commits to implementing mitigation measures, as identified through the EIS process, to minimize the environmental impacts identified for the Project.

(j) No Municipal Party shall be required to adopt or adhere to caps on growth, except as may be approved by the governing board of that party.

(k) No Municipal Party shall be required to adopt or adhere to any planning, zoning, or land use requirements within its jurisdiction, except as may be approved by the governing board of that party in its sole discretion, or as otherwise required by law.

7.02 Organizational, Institutional, and Financial Development. Town of Cary shall, on behalf of the Municipal Parties, enter into contracts with service providers for the development of analyses, documents and agreements necessary to accomplish final design, construction, ownership, operation and maintenance of the Regional Wastewater Management Facilities. Each of these contracts is subject to the approval of each Municipal Party. The Town of Cary shall serve as the agent to pay service providers’ invoices for Work, but shall only be legally obligated for its pro rata share of such costs as set forth in Attachment A. Each of the parties shall indemnify and contribute the pro rata share of such costs as each party’s pro rata share is defined in Attachment A. Upon receipt of an invoice from a service provider, the Town of Cary shall immediately send such invoice to each Municipal Party, along with a calculation showing each Municipal Party’s pro rata share. Each Municipal Party shall pay its pro rata share to the Town of Cary within thirty (30) days of its receipt of the invoice from the Town of Cary.


ARTICLE VIII

TERMINATION OF AGREEMENT


This Agreement shall continue until all payment obligations hereunder are satisfied, or until it is replaced by a subsequent agreement, whichever occurs first.

ARTICLE IX

NATURE OF OBLIGATION OF THE PARTIES


No provision of this Agreement shall be construed or interpreted as creating a pledge of the faith and credit of a party to this Agreement within the meaning of any constitutional debt limitation. No provision of this Agreement shall be construed or interpreted as delegating governmental powers nor as a donation or a lending of the credit of any party to this Agreement within the meaning of the State Constitution. However, to the extent allowed by State law, the parties agree to be bound by all payment obligations incurred herein and to appropriate in future years sufficient monies to pay those obligations. No provision of this Agreement shall be construed to pledge or to create a lien on a class or source of any party’s moneys, nor shall any provision of the Agreement restrict to any extent prohibited by law any action or right of action on the part of any future governing body of a party to this Agreement. To the extent of any conflict between this Article and any other provision of this Agreement, this Article shall take priority. It is the intention of the parties to be bound hereby to the full extent of law provided by Part 1, Article 20, Chapter 160A of the North Carolina General Statutes.

ARTICLE X

MISCELLANEOUS


10.01.Governing Law. The parties intend that this Agreement shall be governed by State law.

10.02 Notices.

a) Any communication required or permitted by this Agreement must be in writing except as expressly provided otherwise in this Agreement.

b) Any communication shall be sufficiently given and deemed give when delivered by hand or five days after being mailed by first-class certified mail, postage prepaid, and addressed as follows:

(1) If to Apex: -

Manager, Town of Apex
Re: Notice Under Interlocal Agreement for
Regional Wastewater Management Facilities Post Office Box 250
Apex, NC 27502-0250

(2) If to Cary:

Manager, Town of Cary
Re: Notice Under Interlocal Agreement for
Regional Wastewater Management Facilities
Post Office Box 8005
Cary, NC 27512-8005

(3) If to Holly Springs

Manager, Town of Holly Springs
Re: Notice Under Interlocal Agreement for
Regional Wastewater Management Facilities
Post Office Box 8
Holly Springs, NC 27540

(4) If to Morrisville:

Manager, Town of Morrisville
Re: Notice Under Interlocal Agreement
for Regional Wastewater Management Facilities
Post Office Box 166
Morrisville, NC 27560-0166

(5) If to Wake:

County Manager, County of Wake
Re: Notice Under Interlocal Agreement for
Regional Wastewater Management Facilities
Post Office Box 550
Raleigh, NC 26702-0550

c) Any addressee may designate additional or different addresses for communications by notice given under this Section to the other parties. 10.03. Non-Business Days. If the date for making any payment or the last day for performance of any act or the exercising of any right shall not be a Business Day, such payment shall be made or act performed or right exercised on or before the next preceding Business Day.

10.04. Severability. If any provision of this Agreement shall be determined to be unenforceable, that shall not affect any other provision of this Agreement.

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

10.06. Binding Effect. Subject to the specific provisions of this Agreement, this Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties and their respective successors and assigns.

10.07. Time. Time is of the essence in this Agreement and each and all of its provisions.

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

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

IN WITNESS WHEREOF, pursuant to resolution adopted by the governing board of each party as required by N.C.G.S. 160A-461, the parties have caused this Agreement to be executed in their corporate names by their duly authorized officers, all as of the date first above written.
TOWN OF APEX, NORTH CAROLINA

By: __________________________________
Mayor

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

Finance Officer, Town of Apex

TOWN OF CARY, NORTH CAROLINA

By: __________________________________
Mayor

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

Finance Officer, Town of Cary

TOWN OF HOLLY SPRINGS, NORTH CAROLINA

By: __________________________________
Mayor

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

Finance Officer, Town of Holly Springs

TOWN OF MORRISVILLE, NORTH CAROLINA

By: __________________________________

Town Manager.

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

Finance Officer, Town of Morrisville

COUNTY OF WAKE, NORTH CAROLINA

By: __________________________________
Chairman, County Board of Commissioners

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

Finance Director, County of Wake



ATTACHMENTS: Attachment A - Pro-rata Shares; Repayment Obligations

ATTACHMENT A




Pro-Rata Cost Shares All Municipal Parties agree to be bound by the payment obligations incurred herein for loans provided for land acquisition, environmental permitting, preliminary engineering and final design, as well as other services that may be required to complete the Project. Each Municipal Party to this Agreement shall pay its pro-rata cost share of the obligations incurred herein based on the cost distributions shown in Table A-1. Each Municipal Party agrees to appropriate funds as necessary to repay its pro-rata cost share of the incurred obligations in accordance with the terms and conditions prescribed in this Agreement for each obligation.


Repayment Obligations


Table A-2 presents the estimates for the repayment obligations that will be incurred for this Agreement. The estimated costs shown for each Municipal Party represent the sum of the estimated payments required to satisfy each of the identified obligations. Estimated payments are based on 20-year loan terms at 3 percent interest rate. Actual payment requirements are subject to change pending negotiation of service provider agreements, land acquisition costs, and execution of loan documents with final interest rate and terms.



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AWARD OF CONSTRUCTION CONTRACT FOR
PHASE II OF THE AMERICAN TOBACCO TRAIL

The American Tobacco Trail is the conversion of an abandoned railroad corridor into a multi-use trail that will accommodate hikers, cyclists, and equestrians. In January 2002, the Board of Commissioners approved the Master Development Plan for the proposed trail. The entire 23-mile trail traverses Durham, Chatham, and Wake counties. The section in Wake County begins at the Chatham/Wake County line north of Green Level Church Road, and extends 6.5 miles south, terminating at New Hill-Oliver Chapel Road.

Mr. Robert Hinson of Facility Design and Construction gave a brief overview of the project. He stated that in June 2003, the first phase of the trail was opened to the public, consisting of 3.75 miles. Phase I begins at New Hill-Olive Chapel Road and extends north to Wimberly Road. The construction contract for Phase II includes 1.75 miles of trail from Wimberly Road to White Oak Church Road and a trailhead at White Oak Church Road.

Bids were received June 10, 2004 with an insufficient number. The project was readvertised and formal bids proposals were again received June 24, 2004. Staff recommends award of the construction contract to the lowest responsible bidder. Funding for this phase of the project was included in the Capital Improvement Program in fiscal year 2003-2004.

Upon motion of Commissioner Ward, seconded by Commissioner Council, the Board unanimously approved award of construction contract for Phase II of the American Tobacco Trail to Central Builders, Inc. of Rocky Mount, NC, in the amount of $477,477.

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WAKE COUNTY JUVENILE CRIME PREVENTION COUNCIL
ANNUAL PLAN AND CERTIFICATION FOR FY 2005

The North Carolina Department of Juvenile Justice and Delinquency Prevention requires each county to prepare an annual plan before releasing the County’s allocation of funds. The annual plan is prepared by the local Juvenile Crime Prevention Council and includes results from its community needs assessment, resource assessment, priority strategies/outcomes and funding recommendations. For FY2004-2005 Wake County will receive $1,197,115 in state funds from the State of North Carolina. The local match requirement of thirty percent has been identified by each program as well as by the Human Services Department.

Ms. Regina Peteway, Chairman of the Council, presented highlights of the program and upon motion of Commissioner Gurley, seconded by Commissioner Webb, the Board unanimously adopted the Wake County Juvenile Crime Prevention Council Annual Plan.
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HOME CONSORTIUM AGREEMENT

On July 1, 2004, the Town of Cary became a Community Development Block Grant entitlement community, receiving an annual CDBG grant directly from the US Department of Housing and Urban Development. The entitlement designation also means that the Town is no longer part of Wake County’s program.

Because Cary’s population is no longer included in the base for Wake County’s entitlement grants, the County’s HOME grant was reduced by $185,000. HOME regulations allow Wake County to recapture this money by entering into a Consortium agreement with the Town of Cary and must also be approved by the NC Housing Finance Agency.

Upon motion of Commissioner Bryan, seconded by Commissioner Council, the Board unanimously adopted a resolution approving the HOME Consortium Agreement and authorized the Chairman of the Board of Commissioners to sign the agreement contingent upon approval by the Cary Town Council.
RESOLUTION TO ADOPT A CONSORTIUM AGREEMENT
TO PARTICIPATE IN THE HOME PROGRAM
FOR FEDERAL FISCAL YEARS 2005, 2006, 2007

WHEREAS, the U.S. Department of Housing and Urban Development (“HUD”) has determined that Wake County (the “County”) is eligible to be a “participating jurisdiction” under the HOME program, thereby ensuring that the County receives annual funds under this program; and,

WHEREAS, this designation depends upon the County having 200,000 residents outside the City of Raleigh to participate in this program; and,

WHEREAS, the County extends an invitation to the Town of Cary (the “Town”) to form a
partnership with the County in its participation in the HOME program for the period July 1, 2005 through June 30, 2008; and,

WHEREAS, the County offers to extend the HOME program to cover the entirety of the Town and its extraterritorial jurisdiction; and,

WHEREAS, HOME funds under this program would be used to meet the housing needs of primarily low and moderate income residents of the County and the Town; and,

NOW, THEREFORE BE IT RESOLVED that the Town elects to participate in the Wake County
HOME program, and also elect to have its population included in the calculation of the County’s HOME funds by HUD.

BE IT FURTHER RESOLVED, that the County and the Town shall formalize their participation in the Wake County HOME program by becoming parties to a Consortium Agreement which covers each of the years (July 1, 2005 through June 30, 2008) embodied in the Consortium Agreement.

BE IT FURTHER RESOLVED, that the County and the Town hereby empower their respective chief elected officials to execute said Consortium Agreement.

BE IT FURTHER RESOLVED, that said Consortium Agreement shall be appended to this resolution and made part of the official minutes of the board for this date.
WAKE COUNTY
HOME PROGRAM
CONSORTIUM AGREEMENT
FEDERAL FISCAL YEARS 2005, 2006, 2007

STATE OF NORTH CAROLINA
COUNTY OF WAKE

This cooperation agreement made this ____ day of _____< 2004, by the COUNTY OF WAKE a
body politic and corporate of the State of North Carolina (hereinafter referred to as the “County”) and the Town of Cary, a municipal corporation of the State of North Carolina (hereinafter referred to as the “Town”).

WHEREAS, HUD has determined that the County is eligible, as a “Participating Jurisdiction”, to receive HOME funds under Titles I and II of the Cranston-Gonzalez National Affordable Housing Act, HOME Investment Partnership Act (HOME), as amended. These funds are to be used to address certain needs of predominantly low and moderate income persons with HOME funds to be made available through Federal Fiscal Years (FFY) 204, 2005, and 2006 appropriations and any program income derived from the expenditures of HOME funds; and

WHEREAS, Wake County will act in a representative capacity as a lead entity for all members of the consortium for the purposes of administering the HOME program; and

WHEREAS, Wake County as the entity assumes overall responsibility for ensuring that the consortium’s HOME program is carried out in compliance with the requirements of the HOME program, including requirements concerning the Consolidated Plan; and

WHEREAS, the County agrees to carry out the objectives of the HOME Investment Partnership Act, as amended, throughout the consortium and within those incorporated municipalities party to this agreement; and

WHEREAS, the County is authorized to amend the consortium agreement and to add new members on behalf of the entire consortium, and;

WHEREAS, the County agrees to submit to the Town for review and comment any plans, involving the use of HOME funds for implementation, affecting the Town.

NOW, THEREFORE, BE IT RESOLVED that the Town hereby elects to participate in the HOME consortium, with the understanding that this binding decision means that for the period October 1, 2005 - September 30, 2008 (the three program years) the Town is not eligible to participate in a HOME consortium except through the Urban County, regardless of whether the Urban County receives a HOME formula allocation. The Town further pledges its willingness to undertake or assist in the undertaking of eligible activities funded by the Wake County HOME Program. Pursuant to this agreement, the governing board of the Town hereby grants Wake County the authority to undertake and administer Housing activities within the municipal limits and extraterritorial jurisdiction of the Town.

BE IT FURTHER RESOLVED that the County will administer the HOME funds received from HUD. The County agrees to actively request the Town’s involvement in the HOME Program and the County agrees to consider the Town’s interest in undertaking eligible HOME activities. The County will have the responsibility for approving projects as eligible for funding, after consultation with the Town’s management. The County will also have the responsibility for filing the annual final statement and other reports to HUD. The Town will provide any documentation required by HUD to the County, with technical assistance from the County, for projects funded with HOME funds in the Town.

BE IT FURTHER RESOLVED that the Town and the County agree to cooperate, to undertake, or assist in undertaking lower income housing assistance activities, publicly assisted housing within the municipal limits and extraterritorial jurisdiction of said Town in order to effectively
accomplish the purposes of the HOME Investment Partnership Act, Titles I and II of the Cranston-Gonzalez National Affordable Housing Acts (P.L. 101-625), as amended.

BE IT FURTHER RESOLVED that the Mayor of the Town is hereby authorized to execute any and all documents necessary as a condition for the Town’s participation under the terms of the HOME Investment Partnership Act, as amended. It is hereby agreed to by the parties signed hereto that neither party shall terminate this consortium agreement after the date first written above nor before the end of the three year period (FFY 2005, 2006, 2007) except upon cancellation by HUD of its obligation to the County under the aforementioned Act.

BE IT FURTHER RESOLVED that the County and the Town will take all required actions to comply with the provisions of the HOME Investment Partnership Act, as amended, and other applicable laws.

BE IT FURTHER RESOLVED that the County acknowledges that it is prohibited from funding activities in or in support of any cooperating Town that do not affirmatively further fair housing within its own jurisdiction or that impede the County’s actions to comply with its fair housing certifications.

BE IT FURTHER RESOLVED that the Town agrees to affirmatively further fair housing within its jurisdiction and to assist the County in the preparation and implementation of its HUD approved Consolidated Plan during the period covered by this Agreement.

BE IT FURTHER RESOLVED that this agreement may be automatically renewed for participation in successive three-year qualification periods, unless the County or the Town provides written notice that it elects not to participate in a new qualification period. A copy of the notice must be sent to the HUD field office. By the date specified in HUD’s consortia designation notices or listed on HUD’s Consortia web page for the next qualification period, the County will notify the Town in writing of its right to exclude its population from that of the HOME consortium. A copy of the County’s notification must be sent to the HUD field office by the date specified in the consortia designation notices or listed on HUD’s Consortia web page.

BE IT FURTHER RESOLVED that failure by either party to adopt an amendment to the agreement incorporating all changes necessary to meet the requirements for consortium agreements set forth in HUD’s consortia designation notices or listed on HUD’s Consortia web page applicable for a subsequent three-year urban county qualification period, and to submit the amendment to HUD as provided in the consortia designation notices or listed on HUD’s Consortia web page, will void the automatic renewal of such qualification period.

BE IT FURTHER RESOLVED that this agreement remains in effect until the HOME funds and income received with respect to the three-year qualification period (and any successive qualification periods under agreements that provide for automatic renewals) are expended and the funded activities completed, and that the County and Town may not terminate or withdraw from the agreement while the agreement remains in effect.

Adopted this ____ day of , 2004

FOR THE TOWN OF CARY, NCFOR WAKE COUNTY, NC
BY: __________________________
(Mayor)
Pursuant to a resolution
Adopted by said Board
On the ___ day of
____________, 2004.
By: ____________________________
Kenn Gardner, Wake County
County Board of Commissioners
Pursuant to a resolution
Adopted by said Board on the
____ day of ________________, 2004.
ATTEST:

______________________________


______________________________
Name or Title (typed or printed)






[AFFIX TOWN SEAL HERE]
ATTEST:

___________________________________


________________________________
Name or Title (typed or printed)


I hereby certify that the terms and provisions of this agreement are fully authorized under Sate and local law and that he agreement provides full legal authority for the county to undertake or assist in undertaking housing assistance activities for the HOME program.

_________________________________
(Wake County Attorney)

_________________________________
(Date)

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

STATE BOARD OF ELECTIONS POLLING PLACE ACCESSIBILITY GRANT TO
WAKE COUNTY BOARD OF ELECTIONS

Prior to January 5, 2004, the Wake County Board of Elections submitted a grant application pursuant to the guidelines established by the State Board of Elections. Pursuant to a directive from the State Board, all polling places in Wake County were surveyed to determine the improvements needed to make them fully compliant with the Help America Vote Act.

On June 6, 2004, the State Board approved awarding the County Boards of Elections a grant of $103,197 towards the cost of improvements necessary in the public facilities used as polling places. This grant does not require the County to provide matching funds.

Upon motion of Commissioner Council, seconded by Commissioner Ward, the Board unanimously approved the receipt of funds from the State Board of Elections in the amount of $103,197 and approved the appropriate budget revision.
******************

RESOLUTIONS PROVIDING FOR PUBLICATION OF NOTICE OF INTENT TO
FILE APPLICATIONS FOR GENERAL OBLIGATION OPEN SPACE AND
WAKE TECHNICAL COMMUNITY COLLEGE BONDS WITH THE
LOCAL GOVERNMENT COMMISSION

Capital needs for Wake Technical Community College and the County Open Space needs have been identified and recorded in the County’s seven year Capital Improvement Plan. The Plan has identified both of these needs to be financed using bonds.

Upon motion of Commissioner Ward, seconded by Commissioner Bryan, the Board unanimously adopted resolutions approving the advertising and filing of an application with the Local Government Commission for up to $26 million Open Space Bonds and $40 million Wake Technical Community College bonds.

Chairman Gardner introduced a resolution the title of which is as follows and was read:

Commissioner Ward moved the passage of such resolution and Commissioner Bryan seconded the motion, and the resolution was passed by the following vote:

Ayes: Commissioners Bryan, Council, Gurley, Jeffreys, Ward, Webb and Chairman Gardner.

Nays: None

Not voting: None


Chairman Gardner then introduced a resolution, the title of which is as follows and was read:


Commissioner Ward moved the passage of such resolution and Commissioner Bryan seconded the motion, and the resolution was passed by the
Ayes: Commissioners Bryan, Council, Gurley, Jeffreys, Ward, Webb and Chairman Gardner

Nays: None

Not voting: None
RESOLUTION APPROVING THE FILING OF AN APPLICATION WITH THE
LOCAL GOVERNMENT COMMISSION WITH RESPECT TO UP TO $26,000,000
GENERAL OBLIGATION OPEN SPACE BONDS, AUTHORIZING PUBLICATION
OF A NOTICE OF INTENT TO FILE SAID APPLICATION AND MAKING
CERTAIN FINDINGS RELATED THERETO

WHEREAS, the Board of Commissioners of Wake County (the “Board”) has decided to pursue the issuance of general obligation open space bonds in the maximum aggregate principal amount of $26,000,000 (the “Bonds”) under the Local Government Bond Act (the “Act”) to finance, in part, the acquisition of real property by the County and the improvement of such real property or any other County-owned real property for the conservation of open space, the protection of water quality, wildlife habitats, scenic areas and natural areas suitable for recreational or other public uses in Wake County; and

WHEREAS, under the Act the issuance of such bonds must be approved by the Local Government Commission and pursuant to G.S. 159-50 of the Act, a notice of the intention to file an application with the Local Government Commission must be published prior to filing of the application;

NOW, THEREFORE, the Board of Commissioners of Wake County, meeting in regular session at Raleigh, North Carolina, on July 12, 2004, does the following:
BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF WAKE COUNTY:

1. The financing of the acquisition of real property by the County and the improvement of such real property or any other County-owned real property for the conservation of open space, the protection of water quality, wildlife habitats, scenic areas and natural areas suitable for recreational or other public uses in Wake County with general obligation bonds of Wake County in an aggregate principal amount not to exceed $26,000,000 is determined to be necessary and expedient.

2. The aggregate amount of the proposed bond issue is found to be adequate and not excessive for its proposed purpose.

3. The debt management, budgetary and fiscal management policies of Wake County are found to have been carried out in strict compliance with applicable law.

4. No property tax increase is expected to be necessary to pay the increased debt service requirements resulting from the bonds.

5. The filing of an application with the Local Government Commission for approval of the proposed bonds is hereby approved and confirmed and the Finance Director is designated to serve as the representative of the County in connection with the application for approval of the bonds with the Local Government Commission and is authorized to cause a Notice of Intent to file the application to be published.

6. The Clerk to the Board shall cause a notice, in substantially the form set forth below, to be published in The News & Observer:
[FORM OF NOTICE]
NOTICE OF INTENTION TO FILE AN APPLICATION
WITH THE LOCAL GOVERNMENT COMMISSION
CONCERNING $26,000,000 GENERAL OBLIGATION OPEN SPACE BONDS

Notice is hereby given that the Board of Commissioners of Wake County, North Carolina (the “Board”), intends to file an application with the Local Government Commission (the “LGC”) for approval of a bond issue pursuant to the Local Government Bond Act (G.S. 159-43 et seq.). It is proposed that the bonds be general obligations of Wake County in the maximum principal amount of $26,000,000 and be issued to finance, in part, the acquisition of real property by the County and the improvement of such real property or any other County-owned real property for the conservation of open space, the protection of water quality, wildlife habitats, scenic areas and natural areas suitable for recreational or other public uses in Wake County. Any citizen or taxpayer of Wake County may, within seven days after the date of publication of this notice, file with the Board and the LGC a statement of any objections he or she may have to the bond issue at the following addresses:

Board of Commissioners
Wake County
Wake County Office Building
P.O. Box 550
Raleigh, North Carolina 27602

and

Ms. Janice Burke, Secretary
Local Government Commission
413 N. Salisbury Street
Raleigh, North Carolina 27603

WAKE COUNTY BOARD OF COMMISSIONERS
By: Gwendolyn Reynolds, Clerk

7. This resolution shall take effect immediately.

RESOLUTION APPROVING THE FILING OF AN APPLICATION WITH THE
LOCAL GOVERNMENT COMMISSION WITH RESPECT TO UP TO $40,000,000
GENERAL OBLIGATION WAKE TECHNICAL COMMUNITY COLLEGE BONDS,
AUTHORIZING PUBLICATION OF A NOTICE OF INTENT TO FILE SAID
APPLICATION AND MAKING CERTAIN FINDINGS RELATED THERETO

WHEREAS, the Board of Commissioners of Wake County (the “Board”) has decided to pursue the issuance of general obligation community college bonds in the maximum aggregate principal amount of $40,000,000 (the “Bonds”) under the Local Government Bond Act (the “Act”) to finance, in part, the acquisition, construction, installation and equipping of modifications, renovations, additions, improvements and extensions to existing facilities and/or one or more new buildings or other educational facilities for Wake Technical Community College including, without limitation, the acquisition of land, easements and rights-of-way therefor in Wake County; and

WHEREAS, under the Act the issuance of such bonds must be approved by the Local Government Commission and pursuant to G.S. 159-50 of the Act, a notice of the intention to file an application with the Local Government Commission must be published prior to filing of the application;

NOW, THEREFORE, the Board of Commissioners of Wake County, meeting in regular session at Raleigh, North Carolina, on July 12, 2004, does the following:

BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF WAKE COUNTY:
1. The financing of the acquisition construction, installation and equipping of modifications, renovations, additions, improvements and extensions to existing facilities and/or one or more new buildings or other educational facilities for Wake Technical Community College including, without limitation, the acquisition of land, easements and rights-of-way therefor in Wake County with general obligation bonds of Wake County in an aggregate principal amount not to exceed $40,000,000 is determined to be necessary and expedient.

2. The aggregate amount of the proposed bond issue is found to be adequate and not excessive for its proposed purpose.

3. The debt management, budgetary and fiscal management policies of Wake County are found to have been carried out in strict compliance with applicable law.

4. No property tax increase is expected to be necessary to pay the increased debt service requirements resulting from the bonds.

5. The filing of an application with the Local Government Commission for approval of the proposed bonds is hereby approved and confirmed and the Finance Director is designated to serve as the representative of the County in connection with the application for approval of the bonds with the Local Government Commission and is authorized to cause a Notice of Intent to file the application to be published.

6. The Clerk to the Board shall cause a notice, in substantially the form set forth below, to be published in The News & Observer:
[FORM OF NOTICE]
NOTICE OF INTENTION TO FILE AN APPLICATION
WITH THE LOCAL GOVERNMENT COMMISSION
CONCERNING $40,000,000 GENERAL OBLIGATION
WAKE TECHNICAL COMMUNITY COLLEGE BONDS

Notice is hereby given that the Board of Commissioners of Wake County, North Carolina (the “Board”), intends to file an application with the Local Government Commission (the “LGC”) for approval of a bond issue pursuant to the Local Government Bond Act (G.S. 159-43 et seq.). It is proposed that the bonds be general obligations of Wake County in the maximum principal amount of $40,000,000 and be issued to finance, in part, the acquisition construction, installation and equipping of modifications, renovations, additions, improvements and extensions to existing facilities and/or one or more new buildings or other educational facilities for Wake Technical Community College including, without limitation, the acquisition of land, easements and rights-of-way therefor in Wake County. Any citizen or taxpayer of Wake County may, within seven days after the date of publication of this notice, file with the Board and the LGC a statement of any objections he or she may have to the bond issue at the following addresses:

Board of Commissioners
Wake County
Wake County Office Building
P.O. Box 550
Raleigh, North Carolina 27602

and

Ms. Janice Burke, Secretary
Local Government Commission
413 N. Salisbury Street
Raleigh, North Carolina 27603

WAKE COUNTY BOARD OF COMMISSIONERS
By: Gwendolyn Reynolds, Clerk

7. This resolution shall take effect immediately.
NOTICE OF INTENTION TO FILE AN APPLICATION
WITH THE LOCAL GOVERNMENT COMMISSION
CONCERNING $26,000,000 GENERAL OBLIGATION OPEN SPACE BONDS

Notice is hereby given that the Board of Commissioners of Wake County, North Carolina (the “Board”), intends to file an application with the Local Government Commission (the “LGC”) for approval of a bond issue pursuant to the Local Government Bond Act (G.S. 159-43 et seq.). It is proposed that the bonds be general obligations of Wake County in the maximum principal amount of $26,000,000 and be issued to finance, in part, the acquisition of real property by the County and the improvement of such real property or any other County-owned real property for the conservation of open space, the protection of water quality, wildlife habitats, scenic areas and natural areas suitable for recreational or other public uses in Wake County. Any citizen or taxpayer of Wake County may, within seven days after the date of publication of this notice, file with the Board and the LGC a statement of any objections he or she may have to the bond issue at the following addresses:

Board of Commissioners
Wake County
Wake County Office Building
P.O. Box 550
Raleigh, North Carolina 27602

and

Ms. Janice Burke, Secretary
Local Government Commission
413 N. Salisbury Street
Raleigh, North Carolina 27603


WAKE COUNTY BOARD OF COMMISSIONERS
By: Gwendolyn Reynolds, Clerk
******************

SELECTION OF VOTING REPRESENTATIVES TO THE
NATIONAL ASSOCIATION OF COUNTIES’ ANNUAL CONFERENCE
AND THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS’
2004 ANNUAL CONFERENCE


The National Association of Counties will hold is annual conference July 16-21, 2004 in Phoenix, Arizona. The Board is being requested to designate the County’s voting delegate at this year’s conference.

The North Carolina Association of County Commissioners will hold its annual conference August 19-22 in Buncombe County. The Board is also being requested to determine who will be the County's voting delegate at this year’s State conference.

National Association of Counties Conference

Commissioner Council nominated Commissioner Betty Lou Ward.

Upon motion of Commissioner Bryan, seconded by Commissioner Gurley, the Board unanimously approved the appointment of Commissioner Betty Lou Ward as the voting delegate at the 2004 National Association of Counties conference in Phoenix, Arizona, July 15-21, 2004.

NC Association of County Commissioner Conference

Commissioner Council nominated Commissioner Betty Lou Ward.
Commissioner Bryan nominated Commissioner Jeffreys.

Following discussion, Commissioner Ward requested that her name be withdrawn from consideration.

Upon motion of Commissioner Webb, seconded by Commissioner Bryan, the Board unanimously approved the appointment of Commissioner Phil Jeffreys as the voting delegate to the 2004 NC Association of County Commissioners' Annual Conference in Asheville (Buncombe County).
******************

APPOINTMENTS

Upon motion of Commissioner Council, seconded by Commissioner Bryan, the Board unanimously approved the following appointments (except as where noted otherwise):
a. Wake County Alcoholic Beverage Control Board

b. Wake County Council on Fitness and Health

c. Wake County Criminal Justice Partnership Advisory Committee


f. Capital Area Workforce Development Board

g. Wendell Planning and Zoning Board
******************
WAKE COUNTY ECONOMIC DEVELOPMENT COMMISSION


Following comments by Chairman Gardner regarding the restructuring of the Wake County Economic Development Commissioner Ward moved that the membership of the Wake County Economic Development Commission be changed to include recommendations and nominations from major businesses/entities in the County ex officio voting membership identified as Banking, NC Department of Commerce (local/regional economic development organization), NC State University, Progress Energy, RDU, WakeMed, and Wake Technical Community College for terms appointed for as long as they are tenured with the recommending company. (Once the person is no longer affiliated with the nominating entity, he/she shall be replaced by a person who is affiliated with the nominating entity.) The appointment process for the twelve municipalities shall remain the same; joint recommendation by municipal mayor and chamber of commerce's chief executive officer.

The motion was seconded by Commissioner Council and was unanimously approved.

Following nominations and upon motion of Commissioner Ward, seconded by Commissioner Council, the Board unanimously approved the following appointments to the Wake County Economic Development Commission:

Mr. John McKinney (BellSouth), term expires 2-28-2006
Mr. Bill Atkinson (WakeMed), term expires 2-8-2006
Mr. Pat Gilliard (Progress Energy), term expire 2-8-2006
Dr. Steve Scott (Wake Technical Community College), term expires 2-28-2006
Mr. Joseph M. Sansom (Mechanics and Farmers Bank), term expires 2-28-2006

Ms. Sheryl Bynum (Apex), term expires 2-28-2006
Mr. Jack Smith (Cary), term expires 2-28-2006
Mr. Randy Roberson (Raleigh), term expires 2-28-2006
(nominated by Commissioner Bryan)
********************

CLOSED SESSION

Commissioner Council moved to go into closed session to instruct staff on the terms and conditions of contracts for the purchase of the following parcels of real property: park project, approximately 31.03 acres owned by Arthur L. and Betty P. Medlin; open space, approximately 253 acres owned by Jerrod J. Watson; the Little River Reservoir Project, approximately 8.982 acres owned by Bridges Span, Inc.; and open space, approximately 420 acres owned by North Carolina State University.

The motion was seconded by Commissioner Jeffreys and was unanimously approved.

Following the business in closed session, Chairman Gardner called the meeting back into regular session.
********************

LITTLE RIVER RESERVOIR PROJECT

Upon motion of Commissioner Ward, seconded by Commissioner Council, the Board unanimously authorized staff to proceed with the following acquisition to support the development of the Little River Reservoir Project, and that the County Manager be authorized to execute contracts on behalf of Wake County for the purchase of said property:

8.982 acres owned by Bridges Span, Inc. at a purchase price of $70,000.
********************
OPEN SPACE PRESERVATION PROGRAM

Upon motion of Commissioner Council, seconded by Commissioner Ward, the Board unanimously approved and authorized staff to proceed with the following acquisition as a part of the Wake County Open Space Preservation Program, and that the County Manager be authorized to execute contracts on behalf of Wake County for the purchase of said property:

An agreement in an amount not to exceed $1,512,500 with the North Carolina Division of Forest Resources for the purchase of approximately 253 acres from Jerrod J. Watson for purposes of expanding Clemmons Educational Forest.
********************
SOUTH EAST WAKE COUNTY PARK

Upon motion of Commissioner Bryan, seconded by Commissioner Council, the Board unanimously approved and authorized staff to proceed with the following acquisition 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 the purchase of said property:

Approximately 31.03 acres owned by Arthur L. and Betty P. Medlin at a purchase price of $162,000 and as part of the consideration for the purchase of this property, the County agrees to lease the property back to the Seller for farming and agricultural purposes at no cost for a period of five years.
********************

Chairman Gardner adjourned the meeting at 5:45 p.m. upon the motion of Commissioner Ward, seconded by Commissioner Webb and the unanimous vote of the Board.
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