August 6, 2007
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.
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.
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.
Section 1. The Board hereby finds, determines and declares as follows:
(b) The County has advanced and/or will advance its own funds to pay certain capital costs (the “Project 1 Original Expenditures”) associated with the purchase of new fire trucks, tankers, engines and related equipment and accessories for use by incorporated nonprofit fire departments in the County (“Project 1”).
(c) The County is currently evaluating whether to build and equip a new fire station to replace an existing fire station for use by an incorporated nonprofit fire department in the County (“Project 2”). If the County determines to proceed with Project 2, the County will advance its own funds to pay certain capital costs (the “Project 2 Original Expenditures” and, collectively with the Project 1 Original Expenditures, the “Original Expenditures”) associated with Project 2.
(d) The funds heretofore advanced or to be advanced by the County to pay the Original Expenditures are or will be available only on a temporary basis, and do not consist of funds that were otherwise earmarked or intended to be used by the County to permanently finance the Original Expenditures.
(e) As of the date hereof, the County reasonably expects that it will reimburse itself for such Original Expenditures with the proceeds of debt to be incurred by the County. The maximum principal amount of debt to be incurred with respect to Project 1 is expected to be $1,920,000. The maximum principal amount of debt to be incurred with respect to Project 2 is expected to be $4,785,000.
(f) All Original Expenditures to be reimbursed by the County were paid no more than 60 days prior to, or will be paid on or after the date of, this declaration of official intent. The County understands that such reimbursement must occur not later than 18 months after the later of (i) the date the Original Expenditure was paid; or (ii) the date the Project is placed in service or abandoned, but in no event more than 3 years after the Original Expenditure was paid.
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 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.
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.
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.
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.
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
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.
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
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.
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
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.
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:
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:
October 9, 2007
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.
[ ] Yes [ ] No
[End of form of Ballot]
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 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.
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
REHABILITATION LOAN SETTLEMENT FOR 113 W. SYCAMORE STREET, ZEBULON
The County has two liens as demonstrated below:
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
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
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
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.
CIP 2006 CAPITAL BUILDING PROJECTS
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:
Patti Head, Chair
Del Burns, Ed.D., Secretary
REALLOCATE CIP 2007 FUNDS
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:
Adopted this the 6th day of August 2007.
REALLOCATION OF CIP 2006 FUNDS
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 FUNCING
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:
Rosa Gill, Chair
APPROVING REALLOCATION OF CIP 2006 FUNDING
FOR SCHOOL CAPITAL BUILDING PROJECTS
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:
LAND ACQUISITION FOR ELEMENTARY SCHOOL IN CARY (E-30)
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.
LAND ACQUISITION FOR A HIGH SCHOOL IN GARNER AREA (H-8)
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.
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.
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.
APPROVAL OF INTERLOCAL AGREEMENT WITH THE CITY OF RALEIGH
FOR THE DESIGN, CONSTRUCTION AND JOINT USE OF A NEW
LAW ENFORCEMENT TRAINING CENTER
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.
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.
(not available at this time)
ACQUISITION OF PEARCE OPEN SPACE PROPERTY
CEDAR FORK CREEK WATERSHED
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
Commissioner Ward nominated Pat Byers and William Geist for the Adult Care Home Advisory Committee.
Commissioner Coble nominated Bess Drinks, Inger Jarmon, Kenneth Jarmon, and Ellen Whitt for the Nursing Home Community Advisory Committee.
Commissioner Coble nominated Dennis Cotton for the Jury Commission.
Commissioner Brown nominated Tim Maloney and John H. Godwin for the Garner Board of Adjustment.
Commissioner Webb nominated Charles R. Williams for the Garner Planning and Appearance Commission.
Commissioner Ward nominated Mack Baker for the Morrisville Board of Adjustment.
Commissioner Brown nominated Esther Dunnegan for the Morrisville Planning and Zoning Board.
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.
Susan J. Banks, CMC
Clerk to the Board
Wake County Board of Commissioners