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    Minutes of August 6, 2007 Board of Commissioners' Regular Meeting (approved)




Wake County Board of Commissioners

Regular Meeting

August 6, 2007


The Wake County Board of Commissioners met in regular session Monday, August 6, 2007 at 2:00 p.m. in the Commissioners’ Room, 7th Floor, Wake County Courthouse, Raleigh, North Carolina. Members present were Commissioners Lindy Brown, Joe Bryan, Paul Coble, Betty Lou Ward, Harold H. Webb, and Chairman Tony Gurley. Commissioner Kenneth M. Gardner was absent [excused).

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

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

Chairman Gurley called the meeting to order.

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PLEDGE OF ALLEGIANCE


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INVOCATION
Chairman Tony Gurley offered the invocation.

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APPROVAL OF AGENDA

Upon motion of Commissioner Coble, seconded by Commissioner Brown, the Board voted unanimously to approve the agenda of August 6, 2007. Commissioner Bryan asked when there could be discussion about land acquisition for the Garner school site. Chairman Gurley stated that public comments will be held at 3pm for citizens to voice their concerns on the land acquisition and other items of interest.
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MINUTES

Upon motion of Commissioner Ward, seconded by Commissioner Brown, the Board unanimously approved the Minutes of July 9 and 23, 2007.

RECOGNITION OF DON BOELTER FOR
BEING NAMED NORTH CAROLINA BUILDING INSPECTOR OF THE YEAR
BY THE NORTH CAROLINA BUILDING INSPECTORS ASSOCIATION

County Manager David Cooke invited Don Boelter to come to the front and explained how Mr. Boelter was named as North Carolina Building Inspector of the Year in June 2007. He has worked with Wake County over twenty years.

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RECOGNITION OF FOUR COUNTY PROGRAMS FOR RECEIVING
TOP HONORS FROM THE NATIONAL ASSOCIATION OF COUNTIES
AND
THE NATIONAL ASSOCIATION OF COUNTY INFORMATION OFFICERS

Mr. David Cooke reported on awards received by Wake County from the National Association of Counties. Planning, EMS and Public Information offices were recipients of national awards.

A) School Enrollment Projections for working in partnership with the schools. Melanie Wilson and Sharon Peterson were congratulated on the School Enrollment Projections Award.

B) Induced Cooling (ICE) program by Emergency Medical Services which is lowering the body temperature which helps survival of cardiac arrest patients. This is the first program in the country like this to be put in place. John Rukavina, Skip Kirkwood and Chris Colangelo were congratulated on this award.
C) National Association of County Information Officers Award was received by the Wake County Public Affairs Office for WakeGov TV for large counties. Ron Carrea, Marshall Parrish, and Nancy Voiland were present and congratulated, as well as, Sharon Brown, Public Affairs Director, who could not be present due to illness.

D) One of Top 10 Digital Counties based on being rated on the Websites which had been upgraded for internal and external citizens use. Lib Wanner, Chris Smith and Bill Scanlon won 10th place for counties of population of 500,000 or more.

Commissioner Bryan noted this is a wonderful reflection on all 3,500 county employees and their value to the citizens.


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WAKE COUNTY GROUNDWATER SUSTAINABILITY
STAKEHOLDER COMMITTEE REPORT

Mr. Greg Bright, Groundwater Program Supervisor, began by discussing citizens’ comments about water usage in the area. He explained who regulates water usage. Commissioner Ward said some citizens are calling her about having water problems. She suggested a meeting be held at the North Regional Library within the next month on water usage. Wake County permits private and semi-private wells. The State approves private and public wells and water quality of community water systems serving 25 or more people. The North Carolina Utilities Commission regulates community water systems under their jurisdiction, and has the authority to impose water use restrictions on community water system users. Mr. Bright said in June 2006, a stakeholders committee was formed.
In June 2005, the land was very dry and five more wells, for a total of seven wells went dry. Well owners had deeped hydrofractured wells or have had to replace their pumps. The northwest portion of the County was having trouble with water well. The Groundwater Sustainability Stakeholder Committee was represented and they developed a management strategy. Four recommendations were made.

Step 1 Implement a data collection and analysis program
Step 2 Develop a geographical information system-based (GIS) risk level area map.
Step 3 Develop a plan for mitigation to be started
Step 4 Establish a permit system for community water system wells and other high capacity wells.

Commissioner Bryan asked what kind of message the commissioners can send to the public on this topic.

Mr. Bright spoke about recharge and water usage. There has been thirteen well replacements this year. The committee is working to gather and review data in order to form a long term network plan. There are private wells close by. They have developed a “risk level” map and a mitigation strategy. If problems continue to arise, the county could get into a permitted process.

Chairman Gurley said the County needs to step up the cooperation. Does the Board have any authority to say, do not use so much water? Mr. Scott Warren, County Attorney said the authority is pretty limited in this area. Commissioner Ward said there may be a different situation in the near future.
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Consent Agenda

Upon motion by Commissioner Webb, seconded by Commissioner Bryan, the Board voted unanimously to approve the items for consent as presented.
ACCEPTANCE OF $90,000 FROM WAKEMED TO
PROVIDE HIV TREATMENT SERVICES

Specific Action Approved: The Board of Commissioners voted unanimously to accept $90,000 in non-recurring funds and revise the budget accordingly.
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ACCEPTANCE OF $7,436 IN GOVERNOR’S CRIME COMMISSION GRANT FUNDING
FOR THE SHERIFF’S OFFICE CRISIS INTERVENTION TEAM

Specific Action Approved: The Board of Commissioners voted unanimously to authorize the County Manager to accept and sign the grant award from the Governor’s Crime Commission; and further, to approve a budget revision for the Sheriff’s Office in the amount of $9,915.
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APPROVAL OF THREE MULTI-YEAR CONTRACTS FOR
SOLID WASTE FACILITY SERVICES

Specific Action Approved: The Board of Commissioners voted unanimously to approve a two-year agreements with
1) Siemens Water Technologies Corporation for used oil, oil filters and antifreeze recycling,
2) Blue Rhino for propane cylinder recycling; and
3) Forever Clean Portable Toilets, Inc. to provide portable sanitation services;

And further, to authorize the County Manager to execute contracts on behalf of Wake County for these services.
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RESOLUTION DECLARING OFFICIAL INTENT OF THE COUNTY TO
REIMBURSE EXPENDITURES WITH PROCEEDS OF DEBT

EXTRACT FROM MINUTES OF BOARD OF COMMISSIONERS OF
THE COUNTY OF WAKE, NORTH CAROLINA

The Board of Commissioners for the County of Wake, North Carolina, met in regular session in the Commissioners’ Meeting Room in the Wake County Courthouse in Raleigh, North Carolina, the regular place of meeting, at 2:00 p.m., on August 6, 2007, with Tony Gurley, Chairman, presiding. The following Commissioners were:

PRESENT: Commissioners Lindy Brown, Joe Bryan, Paul Coble, Betty Lou Ward and Harold Webb.

ABSENT: Kenn Gardner____________________________________________________________

ALSO PRESENT: David C. Cooke, County Manager, Scott Warren, County Attorney, and Susan J. Banks, Clerk to the Board.


* * * * * * * * * *

Commissioner Webb introduced the following resolution, a summary of which had been provided to each Commissioner, which was read by title:

RESOLUTION DECLARING OFFICIAL INTENT OF THE COUNTY TO REIMBURSE EXPENDITURES WITH PROCEEDS OF DEBT PURSUANT TO UNITED STATES DEPARTMENT OF TREASURY REGULATIONS

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

Section 1. The Board hereby finds, determines and declares as follows:


Section 2. Effective Date. This resolution shall take effect upon its passage.

Upon motion of Commissioner Webb, seconded by Commissioner Bryan, the foregoing resolution entitled: “RESOLUTION DECLARING OFFICIAL INTENT OF THE COUNTY TO REIMBURSE EXPENDITURES WITH PROCEEDS OF DEBT PURSUANT TO UNITED STATES DEPARTMENT OF TREASURY REGULATIONS” was passed by the following vote:

* * * * *
I, Susan J. Banks, Clerk to the Board of Commissioners for the County of Wake, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and complete copy of so much of the proceedings of said Board of Commissioners at a regular meeting held August 6, 2007, as relates in any way to the passage of a resolution declaring official intent of the County to reimburse certain expenditures with proceeds of debt as described in such proceedings and that said proceedings are recorded in Minute Book ____ of the minutes of said Board of Commissioners, beginning at page ____ and ending at page ____.

I DO HEREBY FURTHER CERTIFY that the schedule of regular meetings of said Board of Commissioners has been on file in my office pursuant to North Carolina General Statutes 143-318.12 as of a date not less than seven (7) days before said meeting.

WITNESS my hand and the seal of said County, this 6th day of August, 2007.


_____________________________________

(SEAL)

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APPROVAL OF MULTI-YEAR CONTRACT FOR
SALES TAX REALLOCATION AND REVIEW SERVICES

Specific Action Approved: The Board of Commissioners voted unanimously to approve the staff recommendation to contract with Tax Reduction Specialists to perform sales tax reallocation and review services.
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CONVEYANCE OF A UTILITY EASEMENT TO PROGRESS ENERGY CAROLINAS
TO PROVIDE ELECTRICAL SERVICE TO FACILITIES LOCATED
AT THE SOUTH WAKE LANDFILL

Specific Action Approved: The Board of Commissioners voted unanimously to approve the conveyance of an easement to Progress Energy Carolinas for installation and maintenance of electrical service facilities at the South Wake Landfill, subject to terms and conditions acceptable to the County Attorney.
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TAX REPORT

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

1.Report of Collections – Wake County Only – June 2007
2.Wake County In-Rem Foreclosure Progress Report – June 2007
3.
Value Adjustments and Special Situations: (Wake County Only), (Wake County and Town of Cary)
4.Consideration of Requests for Adjustments, Rebates and/or Refunds of Penalties: (Wake County Only), (Wake County and Town of Apex), (Wake County and Town of Cary), (Wake County and City of Raleigh), (Wake County and Town of Wake Forest)
5.Consideration of Refund for Taxes, Interest, and Penalties: (Wake County Only), (Wake County and Town of Cary), (Wake County and Town of Fuquay-Varina), (Wake County and Town of Morrisville), (Wake County and City of Raleigh), (Wake County and Town of Wake Forest)
6.
Consideration of Requests for Exemptions-Late Filed Applications: (Wake County Only), (Wake County and Town of Cary)
7.
Request for Tax Relief-Late Filed Applications: (Wake County Only), (Wake County and Town of Garner), (Wake County and City of Raleigh), (Wake County and Town of Wake Forest)
8.Consideration for Release of Penalties and Interest for Wake County Prepared Food and Beverage Taxes: (Wake County Only)
9.
Consideration of Requests for Historic Property Deferment-Late Filed Applications: (Wake County Only)
10.
Rebate Details: (Wake County and Town of Angier), (Wake County and Town of Apex), (Wake County and Town of Cary), (Wake County and Town of Fuquay-Varina), (Wake County and Town of Garner), (Wake County and Town of Holly Springs), (Wake County and Town of Knightdale), (Wake County and Town of Morrisville), (Wake County and Town of Rolesville), (Wake County and Town of Wake Forest), (Wake County and Town of Wendell), (Wake County and Town of Zebulon)

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PUBLIC HEARING

TO CONSIDER APEX EXTRATERRITORIAL JURISDICTION EXTENSION REQUEST


Ms. Sharon Peterson presented the request from the Town of Apex for extension of their extraterritorial jurisdiction. Ms. Peterson presented the proposed area for extension noting that the request meets all of the County’s criteria for evaluating an ETJ extension request including plans for municipal water and sewer service. Staff of the Town of Holly Springs suggested there were utilities in place by Holly Springs in this area but Wake County staff could find no evidence of Holly Springs utilities. However, Holly Springs could annex the services area to comply with state annexation statutes. Apex and Holly Springs could enter into a utility service agreement for this area. Ms. Peterson reported that much of the population increase in this area is attributable to annexation. Apex does not have a comprehensive involuntary annexation program but does actively seek voluntary annexations. It was noted that this was the largest ETJ extension request ever received by Wake County. Apex’s population is larger than Holly Springs; therefore Apex could request an ETJ extension up to 3 miles.

In summary, Wake County staff and Planning Board addressed the concerns and determined that the request complies with the County’s ETJ criteria and the requested area is within three miles of Apex’s corporate limits in compliance with State law (GS 160A-360). Ms. Wilson said there have been trades in property lines in the past due to services.

Mr. Keith Weatherly, Apex Mayor, thanked Melanie Wilson and her staff for a job well done. He stated that the ETJ brings responsibility and the development will be a compliment to Wake County as well as Apex. Money Magazine gave Apex accolades.

Commissioner Brown asked if anyone was present from Holly Springs but no one was present.

Planning Board Recommendation: Ms. Beth Trahos, Chairman of the Wake County Planning Board stated the Planning Board voted 7-0 to recommend approval of the Town of Apex ETJ extension request.

Planning Staff Recommendation: Staff recommends approval of the associate resolution approving the Town of Apex’s ETJ extension request.

Upon motion by Commissioner Bryan, seconded by Commissioner Ward, the Board voted unanimously to adopt the resolution granting the recommended extraterritorial jurisdiction extension to the Town of Apex. Commissioner Brown stated that the Town of Holly Springs did send written communication to the County that was received today. There has been more than ten years where they have not resolved their boundary disputes. Chairman Gurley said this is the last boundary dispute in Wake County. All other boundary disputes have been resolved. Commissioner Ward asked Mayor Weatherly to keep the Board informed of their progress.

RESOLUTION EXTENDING THE
EXTRATERRITORIAL JURISDICTION (ETJ) OF THE TOWN OF APEX

WHEREAS, the Apex Town Council adopted a Resolution (# 07-0605-09) on June 5, 2007, requesting County approval to extend its ETJ to include land located north, west, south, and southeast of Town consisting of approximately 8,937 acres;

WHEREAS, the Town’s policies and plans for, as well as conditions in, the ETJ expansion area recommended by the Wake County Planning Board and staff is consistent with prior municipal ETJ extensions, and the Town of Apex and Wake County have planned jointly and cooperatively for the area therein to be added to Apex’s ETJ;

WHEREAS, The requested area is within Apex’s Urban Services Area as designated on the Wake County Land Use Plan General Classifications Map, and within three miles of its corporate limits in compliance with State Law (GS 160A-360);

WHEREAS, the Town of Apex has demonstrated a commitment to comprehensive planning through its adopted plans and policies, and is capable of urban density development;

WHEREAS, the Wake County Planning Board recommended on June 6, 2007, by a vote of 7-0, that the Wake County Board of Commissioners approve the ETJ extension request; and

WHEREAS, the Board of Commissioners finds that the Town of Apex has complied with the Wake County ETJ criteria as enumerated in Chapter IV of the Wake County Land Use Plan; and

WHEREAS, the Board of Commissioners held a duly-notice public hearing to consider granting the ETJ extension request.

NOW, THEREFORE, BE IT RESOLVED BY THE WAKE COUNTY BOARD OF COMMISSIONERS AS FOLLOWS:
SECTION I
The area recommended for extraterritorial jurisdiction which lies within the Urban Services Area is found to be in conformance with Wake County's ETJ criteria and State Law, and is hereby granted to the Town of Apex as shown on the Map titled “Proposed Apex ETJ expansion, Apex, North Carolina, June, 2007."
SECTION II

This amendment shall become effective upon adoption of this resolution.
Commissioner Bryan made a motion that the above resolution be adopted. Commissioner Ward seconded the motion, and upon vote, the motion carried this 6th day of August 2007.

This Instrument Approved as to Form

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Wake County Attorney Date


PUBLIC COMMENTS

3:00pm


Frank Eagles from the Town of Rolesville, stated Rolesville has a population of 2000 and projected to be at 10,000 in five years. They have an ETJ request which may need to be revised. They endorsed the Burlington Mills site for a school. They need schools; a middle school and high school. They have the sixth library and five that received funding. He spoke of concern about their water supply stating it comes from Raleigh and is scarce. It has taken a year to find water for one subdivision because they are sitting on rock. They need a bus and public transportation. He stated that 25,000 to 27,000 cars a day go through downtown Rolesville. He thanked the Commissioners for their support on the second duty truck for EMS. He stated they also need the county’s help on open space.

Gerald Holloman spoke about water and using roof water to water lines. He thanked the Commissioners for their public service to the County. He offered to serve on one of the County boards and/or commissions.

John Hodges, Executive Director of Garner Revitalization, stated that they feel this is not the best use of the land in Garner which is being proposed for a school site. He asked the Board to give their request consideration on this land purchase.

Ronnie Williams, Mayor of the Town of Garner, said there is some inconsistency in the land. He asked that the Board not let this school be placed in downtown Garner. School Resources Officers are budgeted for middle schools in Garner for $300,000. A high school would require two new Resource Officers with no new taxes to pay their salaries but will cost the Garner citizens $150,000. There is limited school capacity in Garner. No new taxes will come in if placing a school on this proposed site.

Commissioner Bryan asked what the Town of Garner would do if this site is brought to the Town Board for approval of it as a school site. Mayor Williams responded that he did not believe they would approve the site.

Hardin Watkins, Garner Town Manager, provided a powerpoint presentation which was shared with the school system. He noted that they had worked very closely with school staff to get through some issues. He presented additional sites for consideration for a school in or near Garner. He said the Town officials are disappointed that the Schools staff and Board of Education has with the proposed site. He said the Schools representatives said lack of sites were problem in this area. They asked brokers to find other viable sites following the schools criteria. With their help and senior staff they came up with 15 sites and presented 12 to the Town Board. He said they met with Mike Burris, WCPSS and Robert Hinson, with Wake County, to review the list. They also met with Drew Schenck who assembles land. They had another meeting to narrow the list to the three strongest sites. When they met with Mike Burris again on August 1st two sites have emerged as stronger then they appeared initially. He said they have done research and homework on these sites and they have offered to help to keep WCPSS on track at Aversboro Elementary and offered temporary CO’s for access at Garner Elementary. Their concerns with the site being proposed by the Schools were:

1) Poor road access

2) Traffic impact on Garner Road (and other smaller surrounding roads)

3) Poor community design and impact on downtown revitalization (need more time)

4) Placement of suburban school design in a very urban setting

5) Negative impact of cars to adjacent Town of Garner recreation facilities

6) Inconsistent with what the Town has planned for North Garner area and its revitalization plan

Mr. Watkins said after reviewing all fifteen sites, they determined that Site #4 on White Oak Road in Garner’s ETJ area and Site #14 on Greenfield South in Garner’s ETJ area were the best options that met the schools’ criteria.

The Board asked him to share this information with the schools. He stated that most of this information came from Wake County’s staff and GIS system which was available to everyone. He stated that there are 13,740 proposal units approved for construction in Garner which has no high school in the area.

Commissioner Ward said these materials were speculative. Mr. Watkins said they knew what the school system was offering on other properties and this site and these alternative sites seem to work and are available. They try to target growth corridors and Site 14 has access to the highway. Commissioner Bryan asked about traffic patterns. Mr. Watkins said that in order to make Main Street thrive they need to link New Rand Road and Main Street. Mayor Williams said they are not looking for hustling businesses in this area.

Paul Capps, citizen of Garner, said he was a volunteer and is very active. The proposed high school on Old Garner Road is not supported because of the fact that big trucks travel that road and there is a multitude of traffic. The growth is in south of Raleigh. He asked the Board of Commissioners to please choose another site. He also asked that the Board assign someone from the County to oversee schools construction.

Phil Matthews, from the Town of Garner, said they are working in a spirit of cooperation but this proposed school site in Garner is in a historic downtown area. There are a lot of retired citizens and senior people in Garner. Garner is a part of the solution not part of the problem.

Phil Jeffreys, former county commissioner, said Garner has a courthouse in the downtown area. The roads in the area are not great. Trucks would take this short cut instead of going around on Highway 440. There are a lot of crossings and the WCPSS should look at other locations.

Hubert Deal, retired transportation engineer and has NC Real Estate license, said the proposed school site has a small road frontage, but his biggest concern is the price the school negotiated for this land. The price is astounding. The railroad tracks are main lines. School buses must stop at all railroad crossings will cause traffic snarls. Save us some tax money on this purchase.

Sue Gilliam said that within one-quarter of mile of school site proposed is a senior center which is offering numerous services including new exercise programs to the seniors. She asked the Board to consider the traffic problem around the proposed school site.

Buck Kennedy, Garner Town Board member, commended the WCPSS for working with them and engaging them. Safety and Transportation are an issue but asked the Board not to rush and purchase site H-8 because then the money will be gone. Garner has offered more by coming to the table to help with sites. He asked them to give alternative Sites #4 and #14 some consideration. This site will ultimately come to the Garner Board and they want to keep an open process. They want to continue to work with schools on the sites but this puts them in an awkward situation.

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PUBLIC HEARING

ADOPTION OF BOND ORDERS, AND RESOLUTION CALLING

FOR BOND REFERENDA


Commissioner Bryan offered a motioned for all three bonds, which was seconded by Commissioner Ward.

Vice Chairman Coble stated he voted against these bonds on the first and second steps but believes they are needed. Vice Chairman Coble stated his concern was that the Board had not discussed if these projects could be done without a tax increase. He expressed concern about bond fatigue from passing along tax increases. Citizens are facing state increases and additional bond money for schools in the future. At some point, the County is going to run into opposition at a time when it is critical. He said the media will print his opposition.

Chairman Gurley said there is an estimated 2.25 tax increase if all three bonds pass. Commissioner Webb said that the information being provided to the public to let them know there is a tax increase.

Commissioner Ward said the vision is to move forward especially with the increase in population and the Board needs to be realistic and move ahead. She stated that if the bonds do not pass, there are not a lot of other options, and the other options are more expensive. She stated the hope it to be able to do these projects without raising taxes but there is still the need to move forward. Commissioner Brown stated that these bonds are about investments in the future of Wake County.

Chairman Gurley called for a vote on each bond as follows in the bond orders.



ORDER AUTHORIZING
$50,000,000 GENERAL OBLIGATION OPEN SPACE BONDS

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

1. That, pursuant to The Local Government Bond Act, as amended, the County of Wake, North Carolina, is hereby authorized to contract a debt, in addition to any and all other debt which said County may now or hereafter have power or authority to contract, and in evidence thereof, to issue General Obligation Open Space Bonds in an aggregate principal amount not exceeding $50,000,000 (the “Open Space Bonds”), for the purpose of providing funds, together with any other available funds, 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 (the “Open Space Project”).

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

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

4. That this order shall take effect when approved by the voters of said County at a referendum as provided in The Local Government Bond Act, as amended.

5. The Board hereby declares that it reasonably expects to make certain capital expenditures for the Open Space Project and to reimburse such expenditures out of the proceeds of the Open Space Bonds, up to a maximum amount of $50,000,000. This resolution is intended to be a declaration of official intent under Treas. Reg. 1.150-2.


* * * * * * * * * *

ORDER AUTHORIZING $92,000,000
GENERAL OBLIGATION WAKE TECHNICAL COMMUNITY COLLEGE BONDS


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

1. That, pursuant to The Local Government Bond Act, as amended, the County of Wake, North Carolina, is hereby authorized to contract a debt, in addition to any and all other debt which said County may now or hereafter have power or authority to contract, and in evidence thereof, to issue General Obligation Wake Technical Community College Bonds in an aggregate principal amount not exceeding $92,000,000 (the “Wake Tech Bonds”), for the purpose of providing funds, together with any other available funds, 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 (the “Wake Tech Project”).

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

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

4. That this order shall take effect when approved by the voters of said County at a referendum as provided in The Local Government Bond Act, as amended.

5. The Board hereby declares that it reasonably expects to make certain capital expenditures for the Wake Tech Project and to reimburse such expenditures out of the proceeds of the Wake Tech Bonds, up to a maximum amount of $92,000,000. This resolution is intended to be a declaration of official intent under Treas. Reg. 1.150-2.


* * * * * * * * * *

ORDER AUTHORIZING $45,000,000
GENERAL OBLIGATION LIBRARY FACILITIES BONDS


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

1. That, pursuant to The Local Government Bond Act, as amended, the County of Wake, North Carolina, is hereby authorized to contract a debt, in addition to any and all other debt which said County may now or hereafter have power or authority to contract, and in evidence thereof, to issue General Obligation Library Facilities Bonds in an aggregate principal amount not exceeding $45,000,000 (the “Library Facilities Bonds”), for the purpose of providing funds, together with any other available funds, to finance, in part, the acquisition, construction, installation, furnishing and equipping of modifications, renovations, additions, improvements and extensions to existing library facilities and/or one or more new buildings or other library facilities including, without limitation, the acquisition of land, easements and rights-of-way therefor (the “Library Facilities Project”).

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

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

4. That this order shall take effect when approved by the voters of said County at a referendum as provided in The Local Government Bond Act, as amended.

5. The Board hereby declares that it reasonably expects to make certain capital expenditures for the Library Facilities Project and to reimburse such expenditures out of the proceeds of the Library Facilities Bonds, up to a maximum amount of $45,000,000. This resolution is intended to be a declaration of official intent under Treas. Reg. 1.150-2.




EXTRACT FROM MINUTES OF BOARD OF COMMISSIONERS OF
THE COUNTY OF WAKE, NORTH CAROLINA


The Board of Commissioners for the County of Wake, North Carolina, met in regular session in the Commissioners’ Meeting Room in the Wake County Courthouse in Raleigh, North Carolina, the regular place of meeting, at 2:00 p.m., on August 6, 2007, with Tony Gurley, Chairman, presiding. The following Commissioners were:

PRESENT: Lindy Brown, Joe Bryan, Paul Coble, Betty Lou Ward, and Harold Webb.

ABSENT: Kenn Gardner______________________________________________________

ALSO PRESENT: David C. Cooke, County Manager, Scott Warren, County Attorney and Susan J. Banks, Clerk to the Board.

* * * * *

The Chairman announced that this was the date and hour fixed by the Board of Commissioners for the public hearing upon the orders entitled: “ORDER AUTHORIZING $50,000,000 GENERAL OBLIGATION OPEN SPACE BONDS,” “ORDER AUTHORIZING $92,000,000 GENERAL OBLIGATION COMMUNITY COLLEGE BONDS” and “ORDER AUTHORIZING $45,000,000 GENERAL OBLIGATION LIBRARY FACILITIES BONDS,” and that the Board of Commissioners would immediately hear anyone who might wish to be heard on the questions of the validity of said orders or the advisability of issuing any of said bonds.





Louanne Bukolia, Chairman of the Library Commission, spoke in favor of the Library Bonds.

Sig Hutchinson, Chairman of the Open Space and Parks Committee, spoke in favor of the Opens Space Bond. He spoke in favor of the Open Space Bonds.

Dr. Stephen Scott, President of Wake Technical Community College, spoke in favor of the Wake Technical Community College Bonds.

Chairman Gurley asked if anyone else would like to speak on the bonds. No one else came forward. Chairman Gurley closed the public hearing.

All of the foregoing statements were duly considered by the Board of Commissioners. Thereupon, upon motion of Commissioner Bryan, seconded by Commissioner Ward, the order introduced and passed on first reading on July 9, 2007 entitled “ORDER AUTHORIZING $50,000,000 GENERAL OBLIGATION OPEN SPACE BONDS” was read a second time by title and placed upon its final passage. The vote upon the final passage of said order was:

Ayes: Commissioners _ Lindy Brown, Joe Bryan, Tony Gurley, Betty Lou Ward and Harold Webb

Noes: Commissioner Paul Coble

The Chairman then announced that the order entitled “ORDER AUTHORIZING $50,000,000 GENERAL OBLIGATION OPEN SPACE BONDS” had been adopted.

Thereupon, upon motion of Commissioner Bryan, seconded by Commissioner Ward, the order introduced and passed on first reading on July 9, 2007 entitled “ORDER AUTHORIZING $92,000,000 GENERAL OBLIGATION COMMUNITY COLLEGE BONDS” was read a second time by title and placed upon its final passage. The vote upon the final passage of said order was:

Ayes: Commissioners Lindy Brown, Joe Bryan, , Tony Gurley, Betty Lou Ward, and Harold Webb.

Noes: Commissioner Paul Coble

The Chairman then announced that the order entitled “ORDER AUTHORIZING $92,000,000 GENERAL OBLIGATION COMMUNITY COLLEGE BONDS” had been adopted.

Thereupon, upon motion of Commissioner Bryan, seconded by Commissioner Ward, the order introduced and passed on first reading on July 9, 2007 entitled “ORDER AUTHORIZING $45,000,000 GENERAL OBLIGATION LIBRARY FACILITIES BONDS” was read a second time by title and placed upon its final passage. The vote upon the final passage of said order was:

Ayes: Commissioners _ Lindy Brown, Joe Bryan, Tony Gurley, Betty Lou Ward and Harold Webb

Noes: Commissioner Paul Coble___________________

The Chairman then announced that the order entitled “ORDER AUTHORIZING $45,000,000 GENERAL OBLIGATION LIBRARY FACILITIES BONDS” had been adopted.

The Clerk to the Board of Commissioners was thereupon directed to publish each of said orders, together with the appended statement attached to each as required by The Local Government Bond Act, as amended, once in The News & Observer.

Thereupon Commissioner Bryan introduced the following resolution, a copy of which had been provided to each Commissioner and which was read by title:


RESOLUTION CALLING A SPECIAL
BOND REFERENDUM

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

1. This Board hereby calls a special bond referendum with respect to the Bond Orders and fixes the date thereof as October 9, 2007.

2. The Clerk to the Board of Commissioners shall cause a notice of special bond referendum to be published in The News & Observer once at least fourteen days before September 14, 2007 (being the last day on which persons may register for said referendum) and once again not less than seven days before said day.

3. The form of the questions on the ballot shall be as follows:


#1.

“Shall the order authorizing up to $50,000,000 of General Obligation Open Space Bonds of Wake County for financing, in whole or 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 that taxes be levied in an amount sufficient to pay the principal and interest of the bonds, be approved?
#2.

“Shall the order authorizing up to $92,000,000 of General Obligation Community College Bonds of Wake County for financing, in whole or 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 that taxes be levied in an amount sufficient to pay the principal and interest of the bonds, be approved?
#3.

“Shall the order authorizing up to $45,000,000 of General Obligation Library Facilities Bonds of Wake County for financing, in whole or in part, the acquisition, construction, installation, furnishing and equipping of modifications, renovations, additions, improvements and extensions to existing library facilities and/or one or more new buildings or other library facilities including, without limitation, the acquisition of land, easements and rights-of-way therefore, and that taxes be levied in an amount sufficient to pay the principal and interest of the bonds, be approved? 4. The form of the ballots to be used in the voting machines at said referendum and in the instructions to absentee voters shall be substantially as follows:

OFFICIAL BALLOT
SPECIAL BOND REFERENDUM
COUNTY OF WAKE, NORTH CAROLINA

October 9, 2007

Instructions


1. To vote FOR a bond order, complete the arrow pointing to the right of the word “YES” for that bond order.

2. To vote AGAINST a bond order, complete the arrow pointing to the right of the word “NO” for that bond order.

3. If you tear or deface or wrongly mark this ballot, return it and get another.


#1.

Shall the order authorizing up to $50,000,000 of General Obligation Open Space Bonds of Wake County for financing, in whole or 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 that taxes be levied in an amount sufficient to pay the principal and interest of the bonds, be approved?
#2.

Shall the order authorizing up to $92,000,000 of General Obligation Community College Bonds of Wake County for financing, in whole or 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 that taxes be levied in an amount sufficient to pay the principal and interest of the bonds, be approved?
#3.

Shall the order authorizing up to $45,000,000 of General Obligation Library Facilities Bonds of Wake County for financing, in whole or in part, the acquisition, construction, installation, furnishing and equipping of modifications, renovations, additions, improvements and extensions to existing library facilities and/or one or more new buildings or other library facilities including, without limitation, the acquisition of land, easements and rights-of-way therefore, and that taxes be levied in an amount sufficient to pay the principal and interest of the bonds, be approved?

[ ] Yes [ ] No


[Facsimile of signature]
John Gilbert, Ph.D.
Chairman of Wake County Board of Elections,
North Carolina

[End of form of Ballot]


5. The Clerk to the Board shall mail or deliver a certified copy of this resolution to the Wake County Board of Elections within three days after the adoption hereof.

6. This resolution shall take effect upon its passage.

Thereupon, upon motion of Commissioner Bryan, seconded by Commissioner Ward, the foregoing resolution entitled: “RESOLUTION CALLING A SPECIAL BOND REFERENDUM” was passed by the following vote:

Ayes: Commissioners _ Lindy Brown, Joe Bryan, Tony Gurley, Betty Lou Ward and Harold Webb

Noes: Commissioner Paul Coble


* * * * * * * * * *
I, Susan Banks, Clerk to the Board of Commissioners for the County of Wake, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board of Commissioners at a regular meeting held on August 6, 2007, as relates in any way to the holding of a public hearing upon separate bond orders authorizing the issuance of bonds of said County as described in such proceedings, the adoption of each of said orders and the calling of a special bond referendum and that said proceedings are recorded in Minute Book No. ___ of the minutes of said Board of Commissioners, beginning at page ___ and ending at page ___.

I DO HEREBY FURTHER CERTIFY that I mailed or delivered a certified copy of the resolution passed by said Board on August 6, 2007 entitled: “RESOLUTION CALLING A SPECIAL BOND REFERENDUM” to the Wake County Board of Elections on or before the third day following the passage of said resolution.

I DO HEREBY FURTHER CERTIFY that the schedule of regular meetings of said Board of Commissioners has been on file in my office pursuant to North Carolina General Statutes 143-318.12 as of a date not less than seven (7) days before said meeting.

WITNESS my hand and the corporate seal of said County, this 6th day of August, 2007.

_______________________________________
Clerk to the Board of Commissioners
for the County of Wake, North Carolina


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REHABILITATION LOAN SETTLEMENT FOR 113 W. SYCAMORE STREET, ZEBULON


Ms. AnneMarie Maiorano reported that Ms. Joanne Taylor, the owner of a home on 113 W. Sycamore Street, Zebulon, had passed away in June 2007. She had two housing rehabilitation loans on her home. Ms. Taylor’s granddaughter, Christine Toups, is now the sole owner of the home and is a full-time college student and does not want to own the home.

The County has two liens as demonstrated below:

Summary of Liens:Lien PositionLien HolderLoan Amount
1stMidland Mortgage$33,590.12payoff through 8/1/07
2ndWake County$45,759.00
Total Outstanding Liens$79,349.12
Ms. Taylor had tried to sell the house before she passes away. The house has been on the market since April 1007 but is not in the best condition and still needs repairs. A recent appraisal determined the value of the property to be $48,000 with a tax value of $72,067. The first mortgage is in the amount of $33,590. The payoff of the two liens totals $72,349.12. Two offers have been made on the property. The most recent offer is a cash offer of $60,000. Ms. Toups would like to accept the $60,000 offer and has request the County accept the amount less than what is owed on the liens. Ms. Toups also has not paid the first mortgage for June or July. If the account is not brought up to date, Midland mortgage intends to begin foreclosure proceedings in October 2007. County staff recommends accepting the cash offer of $60,000 which would result in a loss of $23,470.51 for Wake County. If Midland mortgage forecloses on the property, the County would more likely not receive any repayment.

Upon motion by Commissioner Ward, seconded by Commissioner Webb, to authorize Wake County to accept a reduced payment on an outstanding housing rehabilitation loan with a current balance of $45,759. Commissioner Bryan said it appears this is the only option at this point but hoped some procedures need to be in place to prevent the County losing money on these deals. Ms. Maiorano said this is not the norm but the average age of their clients is 66 years old. They get about three loan payouts a year. Commissioner Bryan suggested staff should consider recruiting a board of volunteers that could help people keep these homes up. Commissioner Ward spoke in support of someone helping keep their homes up. The Board voted unanimously to approve the motion to accept the reduced repayment on the housing loan.


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

ACCEPTANCE OF $264,564 IN RYAN WHITE PART B

EMERGING COMMUNITY FUNDS FOR WAKE, FRANKLIN, AND

JOHNSTON COUNTIES AND THE CREATION OF 1.0 FTE

PHYSICIAN EXTENDER POSITION


Ms. Gibbie Harris, Human Services Division Director, said there has been a steady increase in HIV/AIDs patients. This past year exhibited an 11% increase in that population with 47% already diagnosed with full blown AIDS. The Ryan White Program in Wake County would be administered through Alliance of AIDS Services-Carolina for $119,000 to supply medical nutrition therapy, pharmaceutical assistance, oral health services, case management, medical transportation and food bank/home delivered meals, and $89,019 will be used to hire the Physician Extender position.

Upon motion by Commissioner Ward, seconded by Commissioner Brown, the Board voted unanimously to accept $246,564 in non-recurring funds, establishes a 1.0 FTE Physician Extender position, and revises the budget accordingly.


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

ACCEPTANCE OF $29,596 IN WAKE COUNTY

SMART START FUNDING AND THE CREATION OF

0.5 FTE HUMAN SERVICES SENIOR PRACTITIONER POSITION


Ms. Mary Urzi explained the purpose of Smart Start and how it can help at-risk children change their behaviors.

Upon motion by Commissioner Brown, seconded by Commissioner Webb, the Board voted unanimously to accept $29,596 of recurring funds from Wake County Smart Start to establish one 0.5 FTE Human Services Senior Practitioner position and revises the budget accordingly.


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

APPROPRIATION OF CIP 2006 FUNDS FOR

RENOVATION PROJECTS AND CROWDING SOLUTIONS

(Second Reading)


Mr. Don Haydon stated this was a second reading for the CIP 2006 Appropriation and Reallocation Request for $4,416,307.

Upon motion by Commissioner Ward, seconded by Commissioner Brown, to approve the request from the Board of Education to appropriate CIP 2006 funds for renovation projects and crowding solutions.

Commissioner Bryan said the Board of Commissioners voted to use the $35.5 million in savings for landbanking for future school sites, noting that it appears the savings were being used for these renovations. Mr. Haydon said this would be discussed at the meeting of both boards next week. The increase in the Cary project was because there were some complexities that were not predicted in the project. Budgets came in higher than expected. Chairman Gurley called for a vote and the motion passed unanimously.


RESOLUTION REQUESTING REALLOCATION OF FUNDING

CIP 2006 CAPITAL BUILDING PROJECTS


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

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

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

FROM
AMOUNT
TO
AMOUNT

CIP 2006 Building Program

Start-UP for Design of Next Bond

$2,500,000

Wake Forest-Rolesville High

$2,500,000

Program Contingency

$1,916,307

Cary High

$1,916,307

CIP 2006 Total

$4,416,307

CIP 2006 Total

$4,416,307

Resolved this 19th day of June 2007
WAKE COUNTY BOARD OF EDUCATION

By: _________________________________

Patti Head, Chair

Attest: _______________________________

Del Burns, Ed.D., Secretary


RESOLUTION R-2007-XX

REALLOCATE CIP 2007 FUNDS


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

WHEREAS, the Wake County Board of Education has duly requested, through a resolution adopted June 19, 2007 that the Board of Commissioners approve the reallocation of $4,416,307 from CIP 2006 program contingency and CIP 2006 start-up for design of next bond funds to Wake Forest-Rolesville High ($2,500,000) and Cary High ($1,916,307) as listed below:

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

FROM
AMOUNT
TO
AMOUNT

CIP 2006 Building Program

Start-UP for Design of Next Bond

$2,500,000

Wake Forest-Rolesville High

$2,500,000

Program Contingency

$1,916,307

Cary High

$1,916,307

CIP 2006 Total

$4,416,307

CIP 2006 Total

$4,416,307

Adopted this the 6th day of August 2007.


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

REALLOCATION OF CIP 2006 FUNDS

(First Reading)


Mr. Haydon said there are two pieces to this request. Savings on the site work came in lower than estimated. This increases the reserve fund from $35.5 million to around $42 million.

No action taken for first reading.


RESOLUTION REQUESTING REALLOCATION OF FUNDING

CIP 2006 CAPITAL BUILDING PROJECTS


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

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

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

FROM
AMOUNT
TO
AMOUNT

CIP 2006 Building Program

River Bend Elementary

$1,395,474

Lynn Road Elementary

$3,102,766

CIP 2006 Building Program Reserve

$6,544,640

Banks Road Elementary

$1,110,364

East Millbrook Elementary

$ 936,036

CIP 2006 Total

$6,544,640

CIP 2006 Total

$6,544,640

Resolved this 5th day of June 2007
WAKE COUNTY BOARD OF EDUCATION

By: _________________________________

Patti Head, Chair

Attest: _______________________________

Del Burns, Ed.D., Secretary


RESOLUTION REQUESTING REALLOCATION OF FUNCING

CIP 2006 CAPITAL BUILDING PROJECTS


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

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

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

FROM
AMOUNT
TO
AMOUNT

CIP 2006 Building Program

Elementary E-28

$2,000,000

Elementary E-21

$2,000,000

CIP 2006 Total

$2,000,000

CIP Total

$2,000,000

Resolved this 17th day of July 2007
WAKE COUNTY BOARD OF EDUCATION

By: _________________________________

Rosa Gill, Chair

Attest: _______________________________

Del Burns, Ed.D., Secretary


RESOLUTION R-2007-XX

APPROVING REALLOCATION OF CIP 2006 FUNDING

FOR SCHOOL CAPITAL BUILDING PROJECTS


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

WHEREAS, the Wake County Board of Education has duly requested, through a resolutions adopted on June 5, 2007 and July 17, 2007, that the Board of Commissioners approve the reallocation of $8,544,640 within the CIP Building Program, and

NOW, THEREFORE, BE IT RESOLVED that the Wake County Board of Commissioners hereby appropriates $8,544,640, as listed below:


CIP 2006 Appropriation & Reallocation

FROM
AMOUNT
TO
AMOUNT

CIP 2006 Building Program

E-28
$2,000,000

E-21
$2,000,000

River Bend (E-19)
1,395,474

Reserve
6,544,640

Lynn Road Elementary
3,102,766

Banks Road Elementary
1,110,364

East Millbrook Elementary
936,036

Total
$8,544,640

Total
$8,544,640

Adopted this the xxth day of August 2007


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LAND ACQUISITION FOR ELEMENTARY SCHOOL IN CARY (E-30)


Ms. Betty Parker said the site in Cary has been identified and is needed for a 2009 opening. There are two tracts for a total of 11 acres. The site includes a 9-acre tract at $125,000 per acre and a 10.63-acre tract at $140,000 per acre for an assemblage of 19.63 acres for a new elementary school E-30 in the northwest Cary area totaling $2,613,200. There are some road improvements needed along Alston Avenue. Sewer service extension is minor and is under budget. The site is sufficient for all program elements and they have discussed the site with the Town of Cary. There is no surplus acreage on this site.

In addition, the new checklist includes information which the Board has not typically received in the past. The 9-acre tract contractual parties are Harold G. Bagwell and Cabernet 1 Realty LLC. The contractual parties on the 10.63 acres located on Alston Avenue in NW Cary are David S. Ferrell, Trustee and Luanne Ferrell Adams, Trustee for the Betty Lou Ferrell, Annuity Trust. Ms. Parker reviewed the criteria as requested by the Board. There is a cell tower to the left of the site.

Commissioner Bryan asked for information on the process that is gone through when taking an option on properties. Ms. Parker asked Commissioner Bryan to supply her with his questions and she would provide that information.

Commissioner Ward motioned to authorize the Board of Education to purchase a 9-acre tract at $125,000 per acre and a 10.63-acre tract at $140,000 per acre for an assemblage of 19.63 acres for a new elementary school E-30 in the northwest Cary area totaling $2,613,200. The motion was seconded by Commissioner Webb.

Chairman Gurley expressed his concern about the Board not receiving a copy of the appraisal to review which had been requested. Commissioner Bryan stated that the appraisal summary was presented at the meeting today which was not appropriate for the Board to have time to review. Chairman Gurley asked if there were any special assumptions made by the appraiser. Ms. Parker said their appraiser works from the RFP that the Schools staff supplies to the appraiser. Ms. Parker said there were no special assumptions made on this appraisal. Mr. Scott Warren said the letter from Kirkland Appraisals said the summary letter states it is to remain attached to the report for the value opinion expressed to remain valid. He said he cannot validate the information without the full appraisal attached. Ms. Parker said she was unaware that the Board was requesting a copy of the full appraisal. In moving forward, she said she would provide the Board with the items on their checklist.

Mr. David Cooke said it has been made clear to the Schools staff for this information to be forwarded to the County staff for the Board of Commissioners to review prior to making a decision on land acquisitions.

Chairman Gurley called for a vote on the motion to purchase the site in Cary for the E-30 school. The vote was five to one. Commissioners in favor of the motion were Brown, Bryan, Coble, Ward and Webb. Chairman Gurley voted in opposition to the motion.


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LAND ACQUISITION FOR A HIGH SCHOOL IN GARNER AREA (H-8)


Ms. Parker reported that they looked at the target ring to address the school population in this area. There are limited water and sewer options within the target ring. There are limited large tracts available due to growth in the area. They reviewed a number of sites with schools and county staff. The Town of Garner has brought forward some additional sites for their review. She reviewed the information provided to the Board according to the requested checklist of items. August 15th is the deadline for purchase of this property. She reviewed the highlights of the requested information for the Board.

The Board of Education accepted the terms and condition of an agreement for the purchase of 71.89 acres for a High School (H-8) at a price of $51,870 pre acre, totaling $3,728,934. The owner/developer of the property has an appraisal which reflects a value of $73,000 per acre. They will need to close on the property over the next days. The parcels are owned by the eight members of the Buffaloe Family. Wetlands are located on the northeastern part of the property. There are 6.4 acres potential for surplus.

There are two options worth considering should any of the alternative sites be determined suitable and preferable to the Garner Road site after additional investigation and due diligence.
1) Surplus the property according to the policies of the Wake County Board of Education and Wake County Board of Commissioners.
2) Evaluate the site for other school capacity projects, such as an elementary and/or middle school.

Ms. Parker informed the Board that water, sewer and transportation improvements would be required at this site. Water is available along East Garner Road. There are three options for sewer under review for potential cost/benefits. East Garner Road will need to be improved with intersection improved with estimated costs of $908,000.

There may be additional costs if signals are required. There is a railroad crossing just south of the site which will also need improvements. Staff would need to work with the railroad, North Carolina Department of Transportation and the Town of Garner on the railroad issues. This property is located near a town park.

Commissioner Bryan asked for a copy of the traffic impact analysis and the full costs involved. Ms. Parker said it is customarily about $908,000 for intersection improvements. Ms. Parker said there is $400,000 in the budget for improvements to water, sewer and transportation. The railroad crossing is an issue for the Town of Garner. Commissioner Brown said there is another railroad crossing for students coming from the East Garner Middle School. There are too many variables in this project with additional costs. There needs to be consideration given to the two additional options.

The Buffaloe family, property owners, donated property to the Town of Garner in the past and to the Board of Education. She reviewed other items of interest for the Board.

The Town of Garner expressed concern about traffic patterns and interconnectivity. She stated the staff understands and share concerns on the site which are normally addressed in the design phase. They are committed to work with the Town of Garner.

Ms. Parker stated that the Board of Education recommended moving forward with the purchase of the East Garner site. The Town has come with solutions of viable alternatives. They are now having an opportunity to revisit the market and they have met twice. She reviewed the meetings between Board of Education staff and Town of Garner staff. They are attempting to keep communications open and collaborate on the potential sites.

Ms. Parker began reviewing all the alternative sites which the Town of Garner has recently presented noting the issues with each site. She noted that the H-8 site is north of the target ring. There were three top sites being reviewed as proposed by the Town of Garner. Site #4 with 109 acres located White Oak Road in Garner ETJ has number of strengths and they are already doing road widening on major thoroughfare. Off-site intersection improvements would be needed and there may be pricing issues. This site has a lot of potential. The Site #14 located Greenfield South in Garner ETJ, with 116 acres has good road frontage with water and sewer available. Power lines are already on site. Mixed use development is planned for this site.

Ms. Parker said they are committed to look at these sites to determine the best site but at this time they only have one acceptable site. They are in a contract performance issue. They are requesting approval of the Board of Education’s proposed site and will continue to work with the Town of Garner.

Commissioner Brown asked what the downside is if this is not approved. Ms. Parker said the risk is in losing this site and not having another viable site.

Mr. Mike Burris said it would take about three years to get this high school opened. Chairman Gurley asked how long it takes to build an elementary school. He brought up a newspaper article about the Leesville elementary school site. He said there were delays and the paper said there were people working on the land but no work had been done. Mr. Burris said he did an interview with the paper and they were waiting for Raleigh to approve the site. Chairman Gurley stated the article said grading and clearing were going on July 27th but this was not the case.

Commissioner Ward asked why the Board of Education was putting a high school in the Town of Garner when the Town has stated they did not have enough students for a high school. Mr. Burris said the schools are intended to serve all of Wake County. They need about 58 acres for a high school site. Site #14 is not big enough with it being split up by a road. It would have to be planned for the north or south. He said they need to get on the site and see what can be developed. The target ring is just a target.

Chairman Gurley asked if the board approved the request today, and one of the other sites turns out to work better, then what happens to the original property. Ms. Parker said there could be a future use of this property for schools.

Commissioner Bryan asked about the appraisal stating the purchase price was

$1 million to $1.5 million less than the appraisal.

Commissioner Webb said most towns would like to have a high school. Ms. Parker said she has not had a chance to thoroughly review the sites in Garner proposed by Hardin Watkins. Mr. Watkins said he has not had a chance to look at the appraisal the School Board presented. One of the assumptions in Mr. Schenck appraisal was the of townhomes that would be built and sewer capacity that would be available. However, the Town cannot afford to supply the sewer capacity for this school.

Vice Chairman Coble said if the County buys it and Garner does not approve the site plan, the County has tied up millions of dollars that can’t be used. If Garner does not support this proposal, then they may not be able to secure permits or approval from the Town of Garner.

He suggested if they wish to stay on their timeframe, the Schools Staff needs to go back and find a site. He stated it would be a poor decision on behalf of this Board to take action on this site today.

Commissioner Webb motioned to purchase the 71.89 acre tract on East Garner Road. There was no second to the motion so the motion died.

Commissioner Bryan asked how long it would take to bring back one of the alternate sites. Ms. Parker said it would probably take four to five months with 45-60 days to get approved by Board of Education. A solution needs to be gathered. Commissioner Brown said she applauds Ms. Parker and their staff but the Board needs to take a stand and be the leaders that they were voted to do. They have to work with their communities and listen to her constituents. Commissioner Webb said the commissioners represent the whole County. Commissioner Ward stated the Board was getting into the Board of Eduation’s area of decisions and this was not the best attitude for the Board of Commissioners. She expressed her desire for this situation to work out amicably. TG said the question about whether there is water or sewer available on this worries him and the Board should have those questions answered before these items come before the Board of Commissioners for a decision.

Ms. Parker said appraisals are hard to get completed because typically the properties are commercial sites and being used residential. Commissioner Bryan said if the community cannot provide the capacity for water or sewer then that is an error in the appraisal. This property is a complete unknown.

Commissioner Brown motioned to table this item with Vice Chairman Coble seconding the motion. Commissioners voted five to one to approve the motion to table the item. Commissioners in favor of the motion were: Brown, Bryan, Coble, Gurley and Ward. Commissioner Webb voted against the motion.


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UPDATE ON THE SALES TAX AGREEMENT WITH

WAKE COUNTY BOARD OF EDUCATION REGARDING CONSTRUCTION OF

NEW SCHOOLS AND MAJOR RENOVATION OF EXISTING SCHOOLS


Mr. Cooke reported that the school system does not get the benefit of a rebate for paid sales tax. The only way to get the sales tax savings is for the County to retain ownership of the properties. The sales tax agreement was approved by the Board of Commissioners on March 12th and by the Board of Education on March 20th. The County staff assumed it would be implemented by July 1. County staff initiated a meeting with Schools Staff

on implementation of the sales tax agreement. There was discussion about the deed required for property to transfer in efforts to save the sales tax. A Special Warranty Deed would be done. A letter was received from Del Burns, Wake County Public Schools Superintendent stating they will follow through with a list of projects to be transferred to the County by August 31st. Other projects and properties will come after that list so an additional list will follow. Mr. Scott Warren, County Attorney, said a simple supplement to the existing agreement will be implemented. Chairman Gurley said this was one of the key facts that was stressed during the bond referendum campaign so the County could save over $14 million over the course of these bonds. He asked how much money had been lost due to this delay. Mr. Cooke said he would have to calculate the figure for the Board. Chairman Gurley apologized to the public for this change not happening as scheduled. Mr. Cooke said he believes the Superintendent will assure this happens as expeditiously as possible.


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ACQUISITION OF APPROXIMATELY 2.58 ACRES ADJACENT TO RANDLEIGH FARM

IN PARTNERSHIP WITH THE CITY OF RALEIGH

FROM RONALD S. LASSITER


Mr. Mike Aull presented a request to purchase 2.58 acres adjacent to Randleigh Farm in partnership with the City of Raleigh. He said the appraisal was for $55,000 and a manufactured home would need to be relocated. He stated this property is part of the master planning process for the Randleigh Farm.

Commissioner Ward motioned, seconded by Commissioner Brown, and the Board voted unanimously to approve the joint acquisition with the City of Raleigh of approximately 2.58 acres, identified as Wake County Tax #0106709, from Ronald S. Lassiter at a purchase prices of $58,000 and further to authorize the County Manager to execute the purchase contract on behalf of Wake County, subject to terms and conditions acceptable to the County Attorney.

Commissioner Bryan noted that when there was a partnership agreement, the Board of Commissioners used to require the other board to take action prior to the Board of Commissioners.


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APPROVAL OF INTERLOCAL AGREEMENT WITH THE CITY OF RALEIGH

FOR THE DESIGN, CONSTRUCTION AND JOINT USE OF A NEW

LAW ENFORCEMENT TRAINING CENTER


Mr. Mike Aull presented a request for approval of an interlocal agreement with the City of Raleigh for design, construction and joint use of a new Law Enforcement Training Center. Improvements are badly needed to the existing facility. Staff examined three options:


1. Continue supporting the current facility with anticipated high maintenance cost and minimal or no growth opportunity to incorporate future trends.

2. Outsource the training needs to other law enforcement training centers around the State.

3. Build a new law enforcement training facility to meet the long term needs of the Sheriff's Office.


Based on review, the third option was chosen and four sites were reviewed. Evaluations were done of the Mt. Auburn site, Firearms Training Center in Holly Springs, Randleigh Farm and a proposed site on Battle Bridge Road offered by the City of Raleigh. Based on evaluations of these sites, the Battle Bridge Road site was selected as being the most advantageous to all parties involved. It is a part of the City owned property associated with the operation of the Neuse River Wastewater Treatment Plan. This property is located adjacent to property currently being used by the Raleigh Police Department for a driving course and modular classroom facilities.

It is proposed that the joint Wake County Training Center (WTC) and Raleigh Training Center (RTC) law enforcement training facility will ultimately consist of approximately 81,672 square feet of building space and 400 parking spaces. The WTC will be approximately 36,844 square feet in size and include administrative office, training, classroom and satellite Sheriff's Office space. The County intends to proceed with the design and construction of the WTC this fiscal year with completion of the project scheduled for January 2010 at an estimated cost of $9.4 million. The City of Raleigh at this time does not have a schedule for the RTC. The County and City will share the costs on a 50/50 basis that are associated with the initial site development and utilities design and construction that will be to the mutual benefit of both parties.

A proposed interlocal agreement has been drafted which sets forth the terms and conditions relating to the proposed site and the design, construction and use of the new facility. The key terms to this agreement include the following:

1. City will lease to the County approximately 23 acres for a term of 99 years.
Consideration to be paid to the City of Raleigh for the lease will be $50,000.

2. County and City will share on a 50/50 basis certain identified professional services and construction costs that will mutually benefit both parties.

3. City will reimburse the County for 100% of the City's part of the shared cost items by August 1, 2008.

4. County will have administrative control over the WTC and the City will have administrative control over the RTC.

5. Prior to completion of the WTC, County and City will enter into a Joint Use Agreement to provide for the shared use of the training facilities

Funding for this facility is currently included in the Justice Facilities Element of the County's Capital Improvement Program.

Upon motion by Commissioner Webb, seconded by Commissioner Ward, the Board voted unanimously to approve entering into an Interlocal Agreement with the City of Raleigh for the design, construction and joint use of a new law enforcement training center subject to terms and conditions acceptable to the County Attorney; and further, to approve execution of a lease agreement with the City of Raleigh for approximately 23 acres (actual acreage is subject to final survey) for the law enforcement training center and payment of $50,000 as consideration for the lease, subject to terms and conditions acceptable to the County Attorney.

INTERLOCAL AGREEMENT
FOR
LAW ENFORCEMENT TRAINING CENTER
BETWEEN
CITY OF RALEIGH, NORTH CAROLINA
AND
WAKE COUNTY, NORTH CAROLINA

___________________________________

Dated as of August 8, 2007
___________________________________


INTERLOCAL AGREEMENT


THIS INTERLOCAL AGREEMENT is dated as of August 8, 2007, (the “Agreement”), and is between the CITY OF RALEIGH, NORTH CAROLINA (the “City”), a municipal corporation chartered and operating under the laws of the State of North Carolina, and WAKE COUNTY, NORTH CAROLINA (the “County”), a public body politic and a political subdivision of the State of North Carolina.
RECITALS:

The County has expressed an interest in constructing a new law enforcement training center in Wake County for primary use by the Wake County Sheriff’s Office. The City has expressed a willingness to provide real estate to the County for the construction of the law enforcement training center and to otherwise assist the County in this project. The City and the County have also discussed the City’s desire to share the use of the County’s law enforcement training center and, in the future, for the City to construct on the site new training facilities for the City of Raleigh Police Department.

The parties are entering into this Interlocal Agreement in order to memorialize general terms and conditions for developing such facilities on property owned by the City of Raleigh located in the vicinity of the Neuse River Wastewater Treatment Plant on Battle Bridge Road (the “Project Property” or “Property”).

NOW THEREFORE, for and in consideration of the mutual promises and covenants contained in this Agreement, the parties agree as follows:
ARTICLE I
TERMS OF PROJECT AGREEMENT

1.1. Agreement To Work Cooperatively. The County and the City agree to work cooperatively and in good faith and with all due diligence to provide for and carry out the planning, design, construction and operation by the County of a law enforcement training center on the Project Property, and the eventual development of a combined City of Raleigh law enforcement training center (the “RTC”) and a Wake County law enforcement training center (the “WCTC”), both referred to herein jointly as the “Project”.

1.2. Agreement To Lease Property.

(a) In furtherance of their mutual objectives, the City and County agree to execute a lease agreement, whereby the City leases to Wake County for an initial term of ninety-nine (99) years, on a non-exclusive basis, the Project Property, more particularly described in Exhibit A. The Lease shall be upon such terms and conditions as mutually agreed to and reduced to a formal Lease Agreement among the parties. The initial term of ninety-nine (99) years shall be in exchange for consideration of a payment of Fifty Thousand and No/100 Dollars ($50,000.00) from the County to the City, such payment to be made at the execution of the Lease. The City and County agree to work cooperatively on the design and development of the Project Property to insure its suitability for their intended purposes, including conformance with applicable development standards and land use regulations.

(b) Notwithstanding the foregoing, the County’s performance of its obligations under this Agreement is contingent upon a determination by the County that the Property is suitable and feasible for the Project. If the County desires to terminate this Agreement because it deems the Property unsuitable for the construction of the Project, then the County shall notify the City in writing at which time this Agreement shall be terminated and of no further effect. Upon such termination the City and County shall terminate any lease agreement which may have been executed between the parties for the Property.

(c) Within sixty (60) days of the execution of this Agreement by the parties, the City will deliver to the County, a proposed lease for the Property (the “Lease”).

(d) The Lease will include a provision allowing the City to terminate the Lease if the County has not awarded contract(s) for the construction of the WCTC on the Property by July 1, 2009.

(e) The Lease will include a provision allowing the City to terminate the Lease if at any time if the County uses the Property for a purpose other than a law enforcement training center and reasonably related, accessory uses. (To be further defined in final agreement language)

(f) As consideration for the lease of the Property, payment in the amount of Fifty Thousand and No/100 Dollars ($50,000.00) shall be made from the County to the City, such payment to be made at the execution of the Lease. Should the Lease be terminated as provided for in Paragraph 1.2 (b) or (d) above, the City will repay to the County the amount of Fifty Thousand and No/100 Dollars ($50,000.00) previously paid by the County as consideration for the Lease

(g) The lease shall include provisions to allow the City to expand the Project to include law enforcement training facilities for the Raleigh Police Department and to utilize the property for existing or future law enforcement training purposes.

1.3 Design, Construction and Operation of Project

(a) The current intent of the parties is that the Project will be a shared law enforcement training center, eventually comprising approximately 81,672 square feet of building space and 400 parking spaces. Approximately 36,844 square feet of the facility and 170 parking spaces are proposed as a Wake County Sheriff’s Training Center (WCTC) and 44,828 square feet are proposed as a City of Raleigh Police Department training center (RTC). The County agrees to furnish and operate the WCTC, once completed, including (but not limited to) taking full responsibility for such matters as security, building and grounds maintenance, utility service costs, staffing for Sheriff’s training programs during hours of operation and management of the facility. The City agrees to furnish and operate the RTC, once completed, including (but not limited to) taking full responsibility for such matters as security, buildings and grounds maintenance, utility service costs, staffing for Raleigh Police Department training programs during hours of operation and management of the facility. (b) The City and County agree to share on a 50/50 basis the cost of the following items:
Professional Services

Development of site master plan
Boundary, topographic and utility surveys for the Project
Tree conservation surveys and plat recording
Subsurface investigations and geotechnical report for the Property
Environmental Assessment(s) of the Property
Utility easement and access road surveys
Design, bidding, construction, closeout, warranty phase professional services attributable to shared construction items
Construction

Interior access road(s) which both parties agree are necessary to connect the facilities to the adjacent public roadway
Utility extensions to mutually agreeable locations on the Property
Main exterior facility sign (design of which shall be subject to approval of both parties)
Storm water management structures and devices that are sized for the ultimate build-out of the joint Project
Fees, Assessments and Regulatory Charges

Those fees and charges levied against the Project that are for the mutual benefit of both parties

The County agrees to begin work on the preliminary design of the Project within fifteen (15) days from the date of execution of this Agreement. Any plans, drawings or other design products prepared as a part of the design of the shared part of the Project will be jointly owned by the City and County. It is agreed to by the parties that regardless of the contributions by either party to the overall Project, each party shall have full discretion as to the design and construction of their respective building so long as they are compatible with each other. The Project is currently planned to be built in two phases and designed and constructed by separate designers and construction contractors. The County shall be the contracting agency for Phase 1 (Infrastructure Extensions to the Property and construction of the WCTC Building and related parking). The City shall be the contracting agency for Phase 2 (RTC Building and related parking). The County and the City agree to work cooperatively regarding matters of design and construction of the shared facilities.

(c) The County Capital Improvement Program includes funding for design, construction, furnishings and equipment for the WCTC in the amounts and Fiscal Years listed below:

Amount ($) Fiscal Year
$ 272,000 Available from Prior Years
$12,145,000 Available in FY08-FY09


(d) The City agrees to provide funding for the shared facilities in an amount, time and manner consistent with the County’s plans for construction of Phase 1 of the Project. The City shall reimburse the County with funding to cover the City’s share of the costs associated with the design and construction of the shared facilities constructed by the County. The City shall provide funds to the County equal to the City’s full share of the cost of shared improvements by August 1, 2008.

(e) Once the Project is operational, the County will have administrative control over the WCTC and the City will have administrative control over the RTC. The parties will cooperate on matters of mutual concern, including such matters as hours of operation; scheduling specific training programs and events; maintenance of common areas; shared use of facilities; and other matters which may arise. Prior to the completion of the Phase 1 of the Project by the County, the City and County agree to enter into a Joint Use Agreement. The Joint Use Agreement shall provide for shared use of existing and planned training facilities and set forth the terms and conditions associated with the use, operation and maintenance of said facilities for a period of no less than twenty (20) years. (f) The City acknowledges its intention to complete design and construction of Phase 2 of the Project by January 1, 2020.

ARTICLE II
REPRESENTATIONS, COVENANTS AND WARRANTIES

(a) The County and the City each represent, covenant and warrant for the other's benefit as follows:

(i) Each party has all necessary power and authority to enter into this Agreement and to carry out the transactions contemplated by this Agreement, and this Agreement has been properly authorized by the party’s governing body. This Agreement is a valid and binding obligation of each party.

(ii) Neither the execution and delivery of this Agreement, nor the fulfillment of or compliance with its terms and conditions, nor the consummation of the transactions contemplated by this Agreement, results in a breach of the terms, conditions and provisions of any agreement or instrument to which either is now a party or by which either is bound, or constitutes a default under any of the foregoing.

(iii) To the knowledge of each party, there is no litigation or other court or administrative proceeding pending or threatened against such party (or against any other person) affecting such party’s rights to execute or deliver this Agreement or to comply with its obligations under this Agreement. Neither such party’s execution nor delivery of this Agreement, nor its compliance with its obligations under this Agreement, requires the approval of any regulatory body or any other entity the approval of which has not been obtained.

(iv) No party has dealt with any real estate broker or brokerage firm regarding the transactions contemplated by this Agreement, and no person or firm has a claim for real estate commissions arising out of the sale of the Property.

(b) To the best of the City’s knowledge, there are no disputes concerning the boundaries of the Property or concerning the location of such Property lines and corners.

(c) City represents and warrants that it has no actual knowledge of the presence or disposal, except as in accordance with applicable law, on the Property of hazardous or toxic waste or substances or actual knowledge of any contamination of the Property from such substances as may have been disposed of or stored on neighboring tracts. The City agrees to remove or have removed from the site prior to June 30, 2008, all debris, rock, stone and stockpiled soil material currently stored on site. The removal of this material shall include any soil or rock deposited or buried on site that may be considered unsuitable material for building purposes.

(d) In no event will the City or County be liable for any direct or indirect, incidental, special or consequential damage in connection with or arising out of this Agreement or the existence, furnishing, functioning or use by any of them of any item, product or service provided for herein.

(e) To the extent permitted by law, the City and the County will and hereby agree to indemnify and save one another harmless against and from all claims, by or on behalf of any person, firm or other legal entity, arising from this Agreement and attributed to the action or inaction of the respective agents of each party.


ARTICLE III

MISCELLANEOUS

3.1 Authority; Term. The parties are entering into this Agreement pursuant to the statutory authority authorizing interlocal agreements, N.C.G.S. Sections 160A-460 to 464. This Agreement will remain in effect until July 31, 2027, and will remain in effect thereafter until cancelled by either party with at least six months’ notice.

3.2 Governing Law. The parties intend that this Agreement will be governed by the law of the State of North Carolina and venue for any legal action shall be the courts of Wake County, North Carolina.

3.3 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 under this Agreement will be sufficiently given and deemed given when delivered by hand, by confirmed facsimile transmission or by Federal Express or similar express delivery service, or on the date shown on a certified mail delivery receipt, when addressed as follows:
Post Office Box 590
Raleigh, NC 27602

With a copy, which shall not constitute notice, to:

City Attorney
City of Raleigh
Post Office Box 590
Raleigh, NC 27602

(ii) If to the County: County Manager
Wake County Springs Library
Post Office Box 550
Raleigh, NC 27602

With a copy, which shall not constitute notice, to:

County Attorney
Wake County
Post Office Box 550
Raleigh, NC 27602


(c) Any addressee may designate additional or different addresses for communications by notice given under this Section to the other parties.

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

3.5 Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties with respect to its general subject matter. This Agreement may not be changed except in writing signed by all the parties. The parties acknowledge that the executed lease shall supersede the terms of this Agreement in the event of a conflict.

3.6 Assignments; Binding Effect. No party may sell or assign any interest in or obligation under this Agreement without the prior express written consent of the other party. Subject to the specific provisions of this Agreement, this Agreement will be binding upon and inure to the benefit of and be enforceable by the parties and their respective successors and assigns.

3.7 Further Assurances; Corrective Instruments. The City and the County agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Property, or for otherwise carrying out the intention of this Agreement.

3.8 Liability of Officers and Agents. No officer, agent or employee of any party will 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 will be deemed to execute such documents in their official capacities only, and not in their individual capacities. This Section will not relieve any such officer, agent or employee from the performance of any official duty provided by law.

3.9 No Third-Party Beneficiaries. There are no entities which are, or which are intended as, third-party beneficiaries of this Agreement.

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

3.11 Exhibits. The following exhibits shall be incorporated by reference into this Agreement: (1) Exhibit A: Description of Property.


[The remainder of this page has been left blank intentionally.]

IN WITNESS WHEREOF, 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.


CITY OF RALEIGH, NORTH CAROLINA


By:____________________________

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

_______________________________
Finance Officer
City of Raleigh, North Carolina
ATTEST:
    By: ________________________________
    City Clerk
    [City Seal]

    This instrument is approved as to form and legal sufficiency.

    _______________________________
    City Attorney
    WAKE COUNTY, NORTH CAROLINA


    By:____________________________
    Chairman, Board of Commissioners
    This instrument has been preaudited in the manner required by The Local Government Budget and Fiscal Control Act.

    _______________________________
    Finance Director
    Wake County, North Carolina
    [Seal]

    ATTEST:
      ______________________________
      By ____________________________
      Clerk to the Board of Commissioners
      This instrument is approved as to form and legal sufficiency.

      _____________________________

      County Attorney

      Exhibit A
      Description of Property

      (not available at this time)


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

      ACQUISITION OF PEARCE OPEN SPACE PROPERTY

      IN

      CEDAR FORK CREEK WATERSHED


      Mr. Mark Edmondson presented a request to purchase property in the Cedar Fork Creek Watershed. The purchase would be for 17.5 acres in the Cedar Fork Creek Corridor 2007 for $10,500 per acres. The Pearce Property is located off Pulley town Road, just north and east of Rolesville. The property is bisected by Cedar Fork Creek with the whole parcel being more than 26 acres consisting of open farmland and wooded areas. The area considered for purchase consists of flood plain and non-flood plain property. The final purchase price would be based on a survey of actual acreage acquired. Mr. Pearce has requested approval to continue farming the portion of the corridor. The appraisal is available with the Clerk to the Board.


      Upon motion by Commissioner Ward, seconded by Commissioner Coble, the Board voted unanimously to:

      1) Approve the purchase from Leroy Pearce for approximately 17.5 acres at $10,500.00 per acre, based on a survey of actual acreage;

      1) Authorize the County Manager to execute contracts for the purchase of this property subject to terms and conditions acceptable to the County Attorney; and

      2) Authorize the County Manager to execute a Three (3) Year Agricultural Lease with Leroy Pearce on a portion of the acquired corridor, with one-year renewal options at the end of the third year, subject to terms and conditions acceptable to the County Attorney.


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

      SELECTION OF VOTING REPRESENTATIVE TO THE

      NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS

      2007 ANNUAL CONFERENCE


      Chairman Gurley said Commissioner Gardner has expressed an interest in being the voting delegate. Commissioner Brown expressed an interest also. Chairman Gurley nominated Commissioner Gardner. Commissioner Ward nominated Commissioner Bryan stating that since Commissioner Bryan was running for the 2nd Vice President of the North Carolina Association of County Commissioners it would be appropriate for this Board to appoint him as their voting delegate. Chairman Gurley withdrew his nomination and Commissioner Brown agreed with Commissioner Bryan serving as voting delegate. Commissioner Webb seconded the nomination and the Board voted unanimously to accept the nomination of Commissioner Bryan as Voting Delegate at the NCACC Annual Conference by acclamation.

      APPOINTMENTS

      a.
      Wake County Adult Care Home Community Advisory Committee

      Commissioner Ward nominated Pat Byers and William Geist for the Adult Care Home Advisory Committee.


      b.

      Wake County Nursing Home Community Advisory Committee

      Commissioner Coble nominated Bess Drinks, Inger Jarmon, Kenneth Jarmon, and Ellen Whitt for the Nursing Home Community Advisory Committee.


      c.

      Wake County Jury Commission

      Commissioner Coble nominated Dennis Cotton for the Jury Commission.


      d.

      Garner Board of Adjustment

      Commissioner Brown nominated Tim Maloney and John H. Godwin for the Garner Board of Adjustment.


      e.

      Garner Planning and Appearance Commission

      Commissioner Webb nominated Charles R. Williams for the Garner Planning and Appearance Commission.


      f.

      Morrisville Board of Adjustment

      Commissioner Ward nominated Mack Baker for the Morrisville Board of Adjustment.


      g.

      Morrisville Planning and Zoning Board

      Commissioner Brown nominated Esther Dunnegan for the Morrisville Planning and Zoning Board.


      h.

      Report of upcoming vacancies – no action needed

      Upon motion by Commissioner Bryan, seconded by Commissioner Coble, the Board of County Commissioners voted unanimously to accept all nominations by acclamation.


      COMMITTEE REPORTS


      Commissioner Coble asked the Manager to follow up with him on the County Library in the Town of Cary about having the beer garden relocated somewhere away from the church.


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

      OTHER BUSINESS


      Commissioner Bryan asked for an update on the NACO prescription discount card. Chairman Gurley said he had signed the agreement and it takes a couple of weeks to get the cards to distribute. The cards will be placed in the pharmacies for people without insurance that are paying cash for prescriptions. The cards can be used in 50,000 drug stores across the country.


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


      Commissioner Webb motioned, seconded by Commissioner Bryan, the Board voted unanimously to adjourn the meeting at 7:55pm.

      Respectfully submitted,

      Susan J. Banks, CMC

      Clerk to the Board

      Wake County Board of Commissioners