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    Minutes of 02-07-2005 Board of Commissioners Meeting (adopted)
WAKE COUNTY BOARD OF COMMISSIONERS
MINUTES
February 7, 2005

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

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

Chairman Bryan called the meeting to order.
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PLEDGE OF ALLEGIANCE

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INVOCATION

Commissioner Webb offered the invocation.

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APPROVAL OF AGENDA

Upon motion of Commissioner Ward, seconded by Commissioner Webb, the Board unanimously approved the agenda as amended,
with the addition of 1) Proclamation Recognizing the 100th Anniversary of Rotary International, and 2) Elected Officials Go To School Day.
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APPROVAL OF MINUTES

Upon motion of Commissioner Webb, seconded by Commissioner Council, the Board unanimously approved the minutes of
January 18, 2005.

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ELECTED OFFICIALS “GO TO SCHOOL” DAY

Chairman Bryan recognized Mr. John Sherwin, Garner Middle School Teacher, to present information about the Wake County Elected Officials “Go to School Day,” scheduled for Tuesday, February 22, 2005. The activity is a joint initiative between Wake PTA and the Superintendent’s Teacher Advisory Council, to give elected officials an opportunity to go to schools to see and understand what goes on in the classroom and to help in making decisions about Wake County schools.

Mr. Sherwin, assisted by students from the various schools, extended an invitation to the Commissioners, noting that each Commissioner would be receiving information about his/her day at a school.

The Commissioners received the invitations and comments as presented.
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PROCLAMATION RECOGNIZING THE
100TH ANNIVERSARY OF ROTARY INTERNATIONAL

Chairman Bryan recognized Commissioner Gardner to present a proclamation to District Governor Charlie Hatch in recognition of the 100th Anniversary of Rotary International.

Commissioner Gardner read aloud the proclamation and by general consensus, the Board adopted the proclamation as read.

District Governor Hatch commented on the work of Rotary International and invited the Commissioners to join in the anniversary celebration February 23, 2005, at the BTI Center here in Raleigh.
PROCLAMATION
RECOGNIZING THE 100TH ANNIVERSARY
OF ROTARY INTERNATIONAL


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CUSTOMER SERVICE APPRECIATION AWARD

Wake County has initiated a program to recognize employees who go above and beyond in serving its customers and taxpayers. Each quarter an employee committee selects a minimum of ten employees nominated by a fellow employee, a supervisor or customer.

County Manager David Cooke recognized:
The Commissioners congratulated Ms. Henderson on receiving the Customer Service Appreciation Award and expressed appreciation for her outstanding service to the public.
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PUBLIC SAFETY DEPARTMENT BUSINESS PLAN PRESENTATION

The Board of Commissioners has requested that from time to time the various Wake County departments present their business plans in order to better inform the public about the activities and services of Wake County Government. Mr. John Rukavina, Public Safety Director, was recognized to present the Business Plan for the Public Safety Department.

Mr. Rukavina outlined the services provided by the department: Emergency Medical Services (EMS), Fire/Rescue, City/County Bureau of Identification (CCBI), Management and Emergency Management. The strategic goals of the department were also outlined:

Following a brief question and answer period, the Commissioners received the information as presented.
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TRIANGLE TRANSIT AUTHORITY PRESENTATION

Chairman Bryan recognized Mr. John Claflin, General Manager of Triangle Transit Authority, to present the Authority’s annual update.

Mr. Claflin began with the introduction of Authority Board members attending today’s meeting. He then presented information on the Authority’s regional funding source of $5 vehicle registration fee of approximately $5 million/year, providing sufficient funds to complete Phase I of the Triangle Transit project, and five percent rental car tax of approximately $7 million/year. The regional programs and performance indicators were also presented: bus and shuttle service 711,117 annual boardings; vanpools, 320,694 riders.

Information was presented on the master transit plan, process for input and the regional rail project scope changes: from 16 stations to 12 stations. The reasons for the change in scope were given as: rental car tax revenue sources has remained flat, and in some years declined; lease/lease-back transaction option on the rail cars was projected to net approximately $28 million in revenue, direction from FTA to remove it from financial plan; and increasing costs for steel, cement and other materials causing an increase in the budget.

Triangle Transit Board Chair Carter Worthy commented on the importance of long-range planning for transportation needs in the triangle and working with partners and residents in station siting and acquisition of real property.

The Commissioners received the update as presented.
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PUBLIC COMMENT

The Wake County Board of Commissioners desires to hear from the public about the operations and services of Wake County Government. It is for that purpose the Board has established a time certain (3:00 p.m.) for public comment. Chairman Bryan recognized the following persons:

1. Mr. Jim Ford, 12220 Pawleys Mill Circle, Raleigh (oppose Dubois Center Campus for proposed temporary modular school site)

2. Mr. Randy Fisher, 110 Bell Springs Court, Wake Forest (oppose Dubois Center Campus for proposed temporary modular school site - cited safety concerns)

3. Ms. Jill Zeph, 3017 Osterley Street, Raleigh (oppose Dubois Center Campus for proposed temporary modular school site – cited options)

4. Mr. Michael Soluri – 12032 Pawleys Mill Circle, Raleigh (oppose the Dubois Center Campus for proposed temporary modular school)

5. Ms. Elizabeth Haner, 3507 Archdale Drive, Raleigh (oppose Dubois Center Campus for proposed temporary modular school site)

6. Mr. Thomas Lehr, 9408 Buggy Run Circle, Wake Forest (oppose Dubois Center Campus for proposed temporary modular school - traffic congestion and parking) 7. Mr. Dave Hegel, 3005 Osterly Street, Raleigh (oppose Dubois Center Campus site for proposed temporary modular school - high crime rate area, safety concerns)

8. Mr. Jay Litcher, 12501 Richmond Run Drive, Raleigh (oppose Dubois Center Campus for proposed temporary modular school site)

9. Ms. Kim Zinner, 3105 Sweet Cherry Court, Raleigh (submitted petition of Persons opposed to Dubois Center Campus site)

10. Mr. John Myers, 3209 Gresham Lake Road, Raleigh, President, Wakefield Plantation Homeowners’ Association, and President of Wakefield Development Company (would like to be involved in the solution) 11.Mr. Rodney Norris, 9421 Buggy Run Circle. Raleigh (oppose Dubois Center Campus for proposed temporary modular school site)

12.Ms. Julie Vu, 3001 Osterly Street, Raleigh (oppose Dubois Center Campus for proposed temporary modular school site - safety concerns)

13. Mr. Gary Nelms, 13201 Townfield Drive, Raleigh (oppose Dubois Center Campus for proposed temporary modular school site)

14. Ms. Kim McCauley, Wake Forest (oppose Dubois Center Campus for proposed temporary modular school site)

15. Ms. Donna Soluri, 12032 Pawleys Mill Circle, Raleigh (Wildwood Forest) (oppose Dubois Center Campus for proposed temporary modular school site)

16. Ms. Shelly Norris, 9421 Buggy Run Circle, Wake Forest (oppose Dubois Center Campus for proposed temporary modular school site)

17. Ms. Heather Adler, 12701 Richmond Run Drive, Raleigh (oppose Dubois Center Campus for proposed temporary modular school site)

18. Mr. Ronnie Honeycutt, 12236 Beestone Lane, Wake Forest (oppose Dubois Center Campus site – traffic concerns)

19. Mr. Chris Sinclair, 3728 Cliff Haven Drive, Raleigh (representing Craig Davis Properties - (willing to come to the table for discussion of options) There being no other persons requesting to be heard, Chairman Bryan declared the public comment portion of the meeting closed.
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Chairman Bryan announced a ten-minute recess.
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BUDGET AMENDMENT TO THE WORKFORCE

The Wake and Johnston County Boards of Commissioners created the Capital Area Workforce Development Consortium in 1982. The Consortium’s Workforce Development Board is a private sector led board in partnership with local government, which provides direction and oversight of workforce development activities for Wake and Johnston Counties and administers federal and state workforce funds.

The Capital Area Workforce Development Consortium is requesting the incorporation of the following funding authorizations to the Workforce Development Ordinance which totals a net reduction of $7,978:
Upon motion of Commissioner Webb, seconded by Commissioner Gurley, the Board unanimously approved the acceptance of the Workforce Development funding in the amount of $6,342 and the reduction of $14,320 for a net reduction to the Workforce Development Special Revenue Fund of $7,978.
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EMERGENCY MEDICAL SERVICES FEE REVISION

The Wake County Emergency Medical Services System uses the Federal Medicare reimbursement rates to establish its fee schedule. Each January Medicare adjusts its rates based on inflation and other contributing factors. Wake EMS Fees must be set at a rate at least equal to or above the Medicare rate to receive the maximum reimbursement for care provided to Medicare patients. Medicare is the largest payor for the Wake EMS System, comprising 37 percent of receivables.

In January 2005, Medicare adjusted its reimbursement rate for loaded mileage to $5.90 per mile for transports under 50 miles and $7.37 for transports over 50 miles. Loaded mileage is the distance in miles in which a patient is transported in an ambulance by a service provider. Medicare allows ambulance providers to charge this fee in addition to fees for medical care to compensate for the differing expenses of EMS providers serving urban, suburban and rural areas. The Wake EMS System billing vendor, EMS Management and Consultants, estimates that based on the same period last year, an adjustment to the EMS mileage fee rate will increase revenues by an estimated $3,200 per month.

Upon motion of Commissioner Council, seconded by Commissioner Ward, the Board unanimously approved an amendment to the Wake County fee schedule to adjust the Emergency Medical Services Loaded Mileage and Transport Rates.
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ACCEPTANCE OF HAZARD MITIGATION GENERATOR PROJECT GRANT

Wake County has received a $319,240 grant from the Hazard Mitigation Generator Project to install generators at eight EMS stations in Wake County: Station 2 on Noble Road, Station 3 on Six Forks Road, Station 4 on District Drive, Station 5 on Hargrove Road, Station 6on National Guard Drive, Station 7 on Kidd Road, Station 8 on Varsity and Station 10 on Franklin Street.

In a 2002 study of EMS and rescue squad facilities by Heery International, the stations listed above were identified as deficient in emergency power capacities. The FY 2005 Capital Improvement Program includes an appropriation for $256,556 for these generators and assumed a grant at substantially the same amount. Based on the state’s proposed grant, total funding should be adequate for cost increase in the interim.

Grant funds awarded under this program may not be used to pay for equipment procured prior to the award start date of the grant. The grant award requires no matching funds from Wake County but is a reimbursable grant.

Upon motion of Commissioner Gardner, seconded by Commissioner Jeffreys, the Board unanimously approved the acceptance of the Hazard Mitigation Generator Project grant award of $319,240 and authorized the County Manager to execute the grant memorandum of agreement (lobbying prohibition).
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ACCEPTANCE OF FY 2004 STATE HOMELAND SECURITY CITIZENS CORP GRANT

The U.S. Department of Homeland Security has established development of Community Emergency Response Teams (CERT) as a national goal, with a focus on making CERT team participation a part of the President’s “Citizen Corps” community volunteer program. The City of Raleigh Fire Department has initiated a Community Emergency Response Teams program with an earlier grant of approximately $30,000 for which it was eligible. The Department of Public Safety’s Emergency Management staff recommends acceptance of the $7,000 grant, and approval of a subcontract between Wake County and the City of Raleigh, through which the City of Raleigh would continue development of its CERT program as a model for Wake County, and through which Raleigh CERT team leaders could, in turn, provide support for future introduction of CERT development across Wake County.

Grant funds awarded under this program may not be used to pay for equipment procured prior to the award start date of the grant or for items otherwise budgeted with state or local funds. This grant requires no matching funds from Wake County.

Upon motion of Commissioner Gurley, seconded by Commissioner Council, the Board unanimously approved the acceptance of the FY2004 State Homeland Security Citizens Corps Grant award of $7,000 and authorized the Wake County Manager to execute the grant memorandum of agreement and related subcontracts.
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ACCEPTANCE OF
THE METROPOLITAN MEDICAL RESPONSE SYSTEM 2004 GRANT

Metropolitan Medical Response System (MMRS) grants are aimed at enhancing the medical community’s ability to respond to a chemical, biological, radiological, nuclear or explosive event, and also serve to improve local response to any event involving common hazardous materials or a naturally occurring outbreak. The grants are provided through the US Department of Homeland Security and allow localities to develop a coordinated response to critical incidents by health care providers and safety officials including fire, police, EMS, hospitals, public, private and mental health.

Since September 2001, Wake County has been the recipient of $880,000 in MMRS Grant awards. Since that time the Department of Homeland Security has modified the County’s current program and in support of those modifications, the County has been awarded an additional $250,000 to continue the established work under its previous contract. This grant award and contract modification will not require Wake County Government to match funds.

Upon motion of Commissioner Ward, seconded by Commissioner Gardner, the Board unanimously approved the acceptance of a federal grant award of $250,000 and authorized the Wake County Manager to execute the Assistance Award/Amendment forms as provided.
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AWARD OF CONSTRUCTION CONTRACT FOR
“QUICK DISPOSITION” COURTROOM AND FIRE SPRINKLER
SYSTEM FOR THE 1ST FLOOR OF THE COURTHOUSE

In 1998 a comprehensive study was commissioned to identify the long-term facility needs of the Tenth Judicial District in Wake County. The study was completed and the Board approved a Justice Facility Master Plan in 1999. Consistent with those plans a “quick disposition” court and associated support spaces were designed for the first floor. Locating this high volume court on the first floor will reduce the impact on the building elevators, reduce building overcrowding on some upper floors, and resolve important life safety/emergency exiting issues attributable to overcrowding.

The project includes renovating approximately 6,000 square feet of the first floor for a new courtroom and associated support spaces. The design of the new courtroom and support spaces has been closely coordinated with the Court Space Planning Committee.

On January 12, 2004 bids were received from contractors for the project in accordance with North Carolina General Statutes. Staff recommends that a construction contract be awarded to the lowest responsive bidder.

Upon motion of Commissioner Jeffreys, seconded by Commissioner Webb, the Board unanimously approved staff recommendation to award construction contract for “Quick Disposition” courtroom, fire sprinkler system, and related improvements for the first floor of the Courthouse in the amount of $1,055,000 to J.D. Beam, Inc. of Raleigh, North Carolina.
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LAND ACQUISITION FOR ELEMENTARY SCHOOLS
IN THE CITY OF RALEIGH AND TOWN OF ZEBULON

The Wake County Board of Education, at its December 20, 2004 meeting, approved resolutions to acquire approximately 20 acres of land in Raleigh at a price of $1,600,000 for elementary schools E-9 and E-12; and approximately 33 acres of land in Zebulon at a price of $529,000 for elementary schools E-15 and potentially a second school on the property. Both of the sites are being purchased for new elementary school facilities currently scheduled to open for the fall term 2007.

Wake County Public School staff will work collaboratively with County, Raleigh and Zebulon staff in master planning these sites. Before final appropriations are made for these projects the site plans for these two campuses should be endorsed by the Board of Commissioners.

Upon motion of Commissioner Council, seconded by Commissioner Gurley, the Board unanimously approved the Board of Education’s request to purchase land for elementary schools in the City of Raleigh and the Town of Zebulon.
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CONVEYANCE OF UTILITY EASEMENT TO BELLSOUTH
AT CROSBY-GARFIELD SCHOOL

In 1996, the Board of Education conveyed the Crosby-Garfield Elementary School property located at 568 East Lenoir Street to Wake County for use as a Human Services facility. Since that time, improvements and renovations have been completed and the site now serves as a Health and Youth Services Center.

BellSouth is now proposing to install additional equipment to upgrade their current facilities from copper to their fiber network to provide faster and more reliable voice and data services. The new equipment will require an additional 15-foot by 20-foot easement and an adjoining strip easement to accommodate these facilities. The facilities will include a 4-foot by 8-foot equipment cabinet, buried conduit and cables. BellSouth will also provide landscaping to provide screening of the cabinet from Lenoir Street.

The easement will be conditioned upon receiving approval of the plans by County staff.

Upon motion of Commissioner Webb, seconded by Commissioner Jeffreys, the Board unanimously approved the conveyance of an easement to BellSouth for the installation and maintenance of fiber network equipment and cables to serve Crosby-Garfield and surrounding areas, subject to approval of the plans by County staff and terms and conditions satisfactory to the County Attorney.
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TAX REPORT

Upon motion of Commissioner Webb, seconded by Commissioner Gardner, the Board accepted and unanimously approved the following tax reports as recommended by the Tax Committee:


1.
Report of Collections – Wake County Only – December 2004
2.
Wake County In-Rem Foreclosure Progress Report – December 2004
3.
Value Adjustments and Special Situations – (Wake County and City of Raleigh)
4.
Consideration of Requests for Adjustments, Rebates and/or Refunds of Penalties:
(Wake County Only), (Wake County and Town of Apex), (Wake County and City of Raleigh), (Wake County and Town of Wake Forest)
5.
Consideration of Requests for Exemptions – Late Filed Applications: (Wake County Only), (Wake County and Town of Cary), (Wake County and City of Raleigh)
6.
Request for Tax Relief – Late Filed Applications: (Wake County Only), (Wake County and Town of Fuquay-Varina), (Wake County and Town of Garner), (Wake County and City of Raleigh), (Wake County and Town of Wendell), (Wake County and Town of Zebulon)
7.
Consideration of Refund for Taxes, Interest, and Penalties: (Wake County Only), (Wake County and Town of Apex), (Wake County and Town of Cary), (Wake County and Town of Fuquay-Varina), (Wake County and Town of Garner), (Wake County and Town of Morrisville), (Wake County and City of Raleigh), (Wake County and Town of Wake Forest), Wake County and Town of Zebulon)
8.
Consideration of Requests for Historic Property Deferment-Late File Applications:
(Wake County and Town of Apex)
9.
Rebate Details: (Wake County and Town of Apex), (Wake County and Town of Cary), (Wake County and Town of Fuquay-Varina), (Wake County and Town of Garner), (Wake County and Town of Holly Springs), (Wake County and Town of Knightdale), (Wake County and Town of Morrisville), (Wake County and Town of Rolesville), (Wake County and Town of Wake Forest), (Wake County and Town of Wendell), (Wake County and Town of Zebulon)
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EASTERN WAKE SENIOR CENTER
INTERLOCAL AGREEMENT

Wake County, the Town of Knightdale, the Town of Wendell, and the Town of Zebulon have been negotiating an Interlocal Agreement for the funding of repairs/improvements and yearly maintenance of the Eastern Wake Senior Center. The Senior Center is located at 323 Lake Drive in Wendell.

On January 10, 2005, the Town of Wendell approved the agreement, contingent upon approval of Wake County, the Town of Zebulon and the Town of Knightdale. The Town of Knightdale approved the agreement on January 25, 2005, and the Town of Zebulon will be considering the agreement later today at their Board meeting.

County Manager David Cooke reported on the interlocal agreement and the financial contributions and responsibilities of each of the partners.

Upon motion of Commissioner Webb, seconded by Commissioner Council, the Board unanimously approved the Interlocal Agreement between the Town of Knightdale, the Town of Wendell, the Town of Zebulon, and Wake County for the funding of repairs/improvements and yearly maintenance of the Eastern Wake Senior Center contingent upon agreement of all parties.
INTERLOCAL AGREEMENT
BETWEEN
THE TOWN OF KNIGHTDALE, THE TOWN OF WENDELL,
THE TOWN OF ZEBULON, AND WAKE COUNTY

FOR THE FUNDING OF REPAIRS/IMPROVEMENTS AND YEARLY
MAINTENANCE OF THE EASTERN WAKE SENIOR CENTER

This Agreement entered into this, the _______day of ______________2005, by and between the Town of Knightdale, the Town of Wendell, the Town of Zebulon, and Wake County.
WITNESSETH

WHEREAS, the parties to this Agreement are committed to addressing the needs of the Senior Citizens of Eastern Wake County; and

WHEREAS, the parties to this Agreement are committed to providing the funding so that repairs can be made to the Eastern Wake Senior Center, which is located at 323 Lake Drive, Wendell, N.C. 27591, in order that the Town of Wendell can assume ownership of the facility; and

WHEREAS, the parties to this Agreement are willing to provide for the costs of the yearly maintenance, overhead, and upkeep of the facility; and

WHEREAS, the following parties agree to contribute the following amounts toward the costs of repairs to the Eastern Wake Senior Center:

1.
Wake County will contribute $28,500.00 in FY 2004-2005.
2.
The Town of Knightdale will contribute $5,000 in FY 2005-2006.
3.
The Town of Wendell will contribute $5,000 in FY 2005-2006.
4.
The Town of Zebulon will contribute $5,000 in FY 2005-2006.
5.
The Town of Wendell will enter into a separate agreement with the Resources for Seniors, Inc. in which the Resources for Seniors, Inc. will provide $10,000.00 prior to July 1, 2005; and

WHEREAS, the following parties agree to contribute the following amounts toward the yearly maintenance, overhead, and upkeep of the facility for a period of five (5) years beginning in FY 2005-2006:

1. The Town of Knightdale will contribute $1,000.
2. The Town of Zebulon will contribute $1,000; and
WHEREAS, the Town of Wendell will assume financial responsibility for the yearly maintenance, overhead, and upkeep of the facility in excess of the amounts contributed by the Town of Knightdale and the Town of Zebulon. In addition, the Town of Wendell will enter into a separate agreement with the Resources for Seniors, Inc. who will share in the yearly maintenance, overhead and upkeep costs of the facility; and
WHEREAS, Wake County agrees to re-pave the parking lot at the time in which the Wendell Library parking lot is re-paved and agrees to incur the entire costs of this re-paving; and
WHEREAS, all parties to this Agreement will meet within five (5) years from the date of this agreement to assess the funding needs of the facility at that time; and
WHEREAS, the funding provisions of this Agreement are contingent on the Friends of the Eastern Wake Senior Center, Inc. transferring sole ownership of the Eastern Wake Senior Center to the Town of Wendell prior to funds being released to the Town of Wendell. The Town of Wendell will be responsible for securing contractors to perform the repair work. The Town of Wendell will be permitted to use $5,200.00 of the funds contributed by Wake County to reimburse the Town of Wendell for the costs of replacing an air conditioner unit prior to the execution of this agreement.

TOWNS AND COUNTY APPROVAL
The Knightdale Town Board, the Wendell Town Board, the Zebulon Town Board and the Wake County Board of Commissioners having duly approved this Agreement, and pursuant to such approval, the proper Towns and County officials having signed this Agreement, the parties hereto agree to be bound by the provisions herein set forth.
Attest:

______________________
Town Clerk
Town of Knightdale:
    ________________________
    Douglas M. Boyd, Mayor
      ________________________
      Date
    Attest: ______________________
    Town Clerk
    Town of Wendell:
      ________________________
      Timothy A. Hinnant, Mayor
        ________________________
        Date
      Attest: ______________________
      Town Clerk
      Town of Zebulon:
        ________________________
        Robert S. Matheny, Mayor
          ________________________
          Date
        Attest: ______________________
        County Clerk
        Wake County:
          ________________________
          Joe Bryan, Chairman
            ________________________
            Date

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          REQUEST FOR ISSUANCE OF LANDFILL FRANCHISE
          WCA OF WAKE COUNTY, L.P.

          Material Recovery, LLC is the current holder of a franchise to operate a Construction and Debris landfill in Wake County. A new entity, WCA of Wake County, LP is acquiring the ownership of Material Recovery, LLC. An ordinance requiring all Construction and Demolition landfill operators to obtain a franchise from the County prior to operation was enacted by the Board of Commissioners September 7, 1999. WCA of Wake County, LP has requested that a franchise be issued in its name, and has informed the County that it adopts the franchise application previously submitted by Material Recovery, LLC and will abide by the terms and conditions of the franchise awarded to Material Recovery, LLC.

          County staff is satisfied with the operation of the landfill by Material Recovery, LLC and has no objection to re-issuance of the franchise on the same terms and conditions to the new operator.

          Granting of the franchise requires two separate readings by the Board of Commissioners.

          Upon motion of Commissioner Council, seconded by Commissioner Webb, the Board unanimously approved the application of WCA of Wake County, LP for issuance of franchise to operate a Construction and Demolition Landfill.

          ORDINANCE GRANTING FRANCHISE TO
          MATERIAL RECOVERY, LLC FOR OPERATION OF
          CONSTRUCTION AND DEMOLITION DEBRIS LANDFILL (1st reading)

          Section 3.This ordinance is effective upon its second reading by this Board

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          AIR QUALITY COMMITTEE RECOMMENDED
          PUBLIC INFORMATION ON AIR QUALITY

          The Environmental Services Committee created the Air Quality Task Force to complete a report and recommendations on air quality control measures. On September 15, 2003, the Board of Commissioners received and accepted the Recommended Strategies and Air Emission Control Measures report. On September 12, 2004, the Committee completed its work on what individuals, employers, schools and local governments could do to improve air quality.

          Mr. Sig Hutchinson, immediate past president of the Air Quality Task Force commented on the recommendations and noted that Wake County has already taken action and implemented the following control measure to improve air quality: 1) support Triangle Air Awareness Program; 2) Collaborate with others to foster regional cooperation in an organized manner; 3) seek designation as a Best Workplaces for Commuters; 4) Promote alternative fuel vehicles and hybrid vehicles; and 5) reduce pollutants from Wake County Public School System buses.

          The Commissioners thanked Mr. Hutchison for his commitment and dedication as chairman of the committee.

          Upon motion of Commissioner Council, seconded by Commissioner Ward, the Board unanimously endorsed the list of actions, as presented, that individuals, businesses, schools and governments can take to improve air quality.

          Wake County Air Quality Committee Recommendations

          What Individuals Can Do:

          Know the air quality codes and have a plan for actions you will take on ozone action days, such as taking public transportation to work.

          If your employer is not a member of the Best Workplaces for Commuters, encourage them to join.

          Calculate the cost of commuting by automobile by using the Triangle Transit Authority’s calculator.

          Take the bus.

          Vanpool.

          Minimize the number of trips you take by combining trips, walking to lunch or bringing your lunch from home.

          Use Share the Ride NC to quickly and securely find other individuals who share similar commutes and work hours, and are interested in
          carpooling or vanpooling. In addition, Share the Ride NC allows commuters to find park and ride lots, public transit services bike routes and
          biking buddies.

          Consider tele-working or flex time to reduce the number of days you commute, if offered and appropriate for your job.

          Keep your car tuned and tires properly inflated. Use cruise control when practical and stay within speed limits.

          Avoid idling; park and walk into restaurants and banks instead of using drive-through lanes. Turn off engine while waiting for family members.

          Refuel after 6 PM on ozone action days, avoid spilling fuel, and don't top off.

          Before purchasing a new car, find out which ones are better for air quality for ratings.

          Report vehicles emitting visible air contaminants for more than five consecutive seconds to http://daq.state.nc.us/motor/smoking.shtml. Also,
          you can call 733-1766 should you have problems or questions.

          Carpool children to school, find other parents in your neighborhood or on your route, and share the ride to school.


          At Home
          Consider costs and commuting convenience when choosing where to live. The Federal National Mortgage Association has a program called
          “Smart Commute” whereby eligible applicants who purchase housing near public transportation can qualify for a loan that exceeds the normal
          limits.

          Reduce your home’s energy consumption. Use the Home Energy Saver website to calculate your energy use and get tips on how to reduce
          energy consumption.

          Make use of passive solar techniques, such as planting shade trees, using opaque window shades to reduce solar gain, and other methods.

          Make sure your home is properly insulated. Progress Energy recommends R-30 insulation for ceilings, R-19 for floors and R-16 for outside
          walls.

          If your furnace or air conditioner is over 10 years old, consider replacing it with an energy-efficient heat pump.

          Purchase ENERGY STAR labeled heating and air-conditioning units and appliances.

          To increase your heating and cooling system efficiency, replace system filters monthly. Do not block registers and return vents with furniture or
          drapes.

          During the summer months, set your thermostat at the highest comfortable setting (try 78 degrees) and use ceiling fans to circulate the air.

          Close the fireplace damper when it is not in use.

          Turn off lights and electrical equipment, such as TVs, when not in use.

          Use your microwave for cooking instead of your stove or oven.

          Switch to fluorescent bulbs for areas of constant use, such as the kitchen.

          Maintain live green potted plants in your work area if feasible. In addition to producing oxygen, the following indoor plants can reduce chemical air pollutants that irritate people's eyes, nose & throat, cause headaches and aggravate asthma. Recommended indoor office plants include: Weeping Fig, Peace Lily, Golden Pothos, Kentia Palm, Boston Fern, Anthurium, Dragon Tree and Arrow-leaf philodendron.

          Participate in the NC Green Power Program. Electric power customers can contribute $4 per month to a fund that supports the development of renewable energy sources in North Carolina.

          Go to Division of Air Quality’s web page for kids and have your children play air quality jeopardy.


          In the yard
          Replace gasoline lawn equipment with electric or hand-powered equipment.

          If you have gasoline equipment, cut grass after 6 PM on ozone action days.

          Reduce mowing by landscaping with natural areas and planted beds.

          Don't burn yard waste, brush, etc. Burning garbage is illegal, and all outdoor burning is illegal in some areas of North Carolina.


          What employers can do to improve air quality
          (Note that not all of these measures may be applicable to small businesses.)

          Support Regional air quality improvement efforts such as the Greater Triangle Regional Council’s air quality initiatives.


          Commuting Tools, Fleet Management and Operations
          Become a “Best Workplace for Commuters.“ For RTP businesses, join the “Smart Commute” program

          o Greater Raleigh Chamber of Commerce to send out coordinated mailings to its members encouraging them to become Best Workplaces for Commuters or join Smart Commute

          o Model the United Way’s loaned executives program to promote Best Workplaces for Commuters and Smart Commute. Get big companies to act as ambassadors to others.

          Create or join a Transportation Management Association of employers located close to your workplace.

          Participate in U-Pass program with Triangle Transit Authority and/or Capital Area Transit.

          Provide employees with a packet of information on commuting alternatives available to them. Triangle Transit Authority has a packet for its programs.

          Purchase “green vehicles.” Use alternative fuel vehicles, hybrid vehicles, and other low-emission vehicles in fleets.

          Implement idling restrictions for company vehicles.

          Participate in the Triangle Clean Cities Coalition.

          Prohibit testing and maintenance of stationary engines during mornings in ozone season

          Accelerate replacement of small gas equipment with electric equipment

          Restrict early morning operation of gas equipment

          Accelerate replacement of on-road and non-road diesel fleets to alternative fuels or cleaner diesel engines.

          Support the creation of high occupancy vehicle and toll lanes

          Support the early introduction of ultra-low sulfur fuels to the region

          Support state incentives for alternative fuel vehicles and refueling infrastructure


          In the Workplace
          When locating new places of employment, include proximity to public transit as a criterion.

          When constructing new buildings, use Leadership in Energy and Environmental Design principles or Triangle High Performance Guidelines in construction projects

          Give priority in awarding contracts to contractors that achieve emission reductions for non-road diesel equipment used during construction projects

          Participate in the NC Air Awareness Program and display Air Awareness information at work sites.

          Provide on-line services to customers

          Enroll marketing companies for pro bono work to promote air quality measures.


          What the Wake County Public School System other schools, day care centers and churches can do to improve air quality.


          Commuting Tools, Fleet Management and Operations
          Retrofit buses to improve emissions from them and establish idling policies.

          When contracting for bus services, include air quality specifications in requests for proposals.

          Review school bus routing to ensure optimal use.

          Work through PTA’s to promote NC Child Advocacy Institute and Wake County League of Women Voters’, recommendations in Fuming over School Bus Diesel.

          Participate in the Triangle Clean Cities Coalition
          Use alternate fuels (e.g. biodiesel) in buses and alternative fuel vehicles to transport children.

          Reduce emissions from parents’ cars waiting for children, e.g. by encouraging children carpools, etc.

          Encourage participation in the Safe Routes to Schools Program.

          Use EPA’s Tools for Schools for indoor air quality information.

          Promote a “Take your parents on Transit” day.


          Air awareness
          Get air awareness posters into schools.

          Establish an art project around air quality and art. Triangle Transit Authority’s project with Jeffrey’s Grove elementary to create a calendar as an example.

          Create targeted education programs for schools on air quality.


          School Facilities
          Ensure that walking to school is a consideration in locating and designing schools.

          Include provisions for emission reductions in contract documents with contractors for non-road diesel equipment used during construction projects.

          Actively pursue grant opportunities to improve air quality.


          What local governments can do:

          Join TJCOG’s Triangle Air Quality Partnership and work with other local governments to foster regional cooperation on air quality issues.


          Commuting Tools, Fleet Management and Operations
          Become a “Best Workplace for Commuters.“ For RTP businesses, join the “Smart Commute” program

          Create or join a Transportation Management Association of employers located close to your workplace.

          Participate in U-Pass program with Triangle Transit Authority and/or Capital Area Transit.

          Provide employees with a packet of information on commuting alternatives available to them. Triangle Transit Authority has a packet for its programs.

          Provide employees with a packet of information on commuting alternatives available to them.

          Purchase “green vehicles”

          Use alternative fuel vehicles, hybrid vehicles, and other low-emission vehicles in fleets.

          Implement idling restrictions for government vehicles.

          Participate in the Triangle Clean Cities Coalition

          Prohibit testing and maintenance of stationary engines during mornings in ozone season

          Accelerate replacement of small gas equipment with electric equipment

          Restrict early morning operation of gas equipment

          Accelerate replacement of on-road and non-road diesel fleets to alternative fuels or cleaner diesel engines.


          Governmental Facilities
          Give credits in awarding contracts to contractors that achieve emission reductions for non-road diesel equipment used during construction projects.

          When locating new places of employment, include proximity to public transit as a criterion.

          When constructing new buildings, use Leadership in Energy and Environmental Design principles or Triangle High Performance Guidelines in construction projects

          Participate in the NC Air Awareness Program and display Air Awareness information at work sites.

          Provide on-line services to customers

          Expand air quality education to employees and the general public


          Planning, Capital Improvements and Legislation
          Support the creation of high occupancy vehicle and toll lanes

          Support the early introduction of ultra-low sulfur fuels to the region

          Support state incentives for alternative fuel vehicles and refueling infrastructure

          Include air quality and energy conservation in transportation and land use planning processes

          Implement policies, incentives and standards for development to occur in areas with public infrastructure

          Implement policies, incentives and standards for neighborhood designs that promote walking, biking and transit use.

          Expand bike and pedestrian facilities in accordance with locally adopted plans.

          Require bike and pedestrian facilities on collector streets and thoroughfares as a condition of development approval and as streets are widened or constructed.

          Require an energy conservation plan for construction projects

          Implement urban heat island initiatives and “green” infrastructure.

          Expand public transportation alternatives, improve transit amenities, multimodal transit infrastructure and connectivity

          Implement traffic signal and intersection improvements designed to mitigate congestion and improve air quality.

          Enforce “smoking vehicle” legislation.

          Provide free bus rides on ozone action days

          Implement a “stop at the click” program at gas stations

          Work with freight operators and delivery services to identify appropriate control measures.

          Secure grants for truck stop electrification.

          Ensure that State regulations on open burning are enforced.

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

          REPORT ON THE REQUEST FROM WAKE COUNTY PUBLIC SCHOOLS
          FOR APPROVAL OF MULTI-YEAR OPERATING LEASE

          The Wake County Board of Education has negotiated a ground lease with the National Alumni Association of Dubois High School for 6.22 acres of land for a modular school complex. The lease term is three years beginning February 1, 2005. The Board of Education may exercise up to three one-year periods beyond the initial lease term with lease payment increasing by five percent annually. The annual lease amount is $43,000 if the gymnasium is used or $36,000 if the gymnasium is not used, with $26,000 of the respective lease amount being paid in the form of credit against a Note of Dubois to the Board of Education. The Board of Education approved the ground lease at its January 18, 2005 meeting.

          State law prohibits the Board of Education from entering into operational leases for school buildings and/or other facilities for more than three years without prior approval from the Board of Commissioners. Board approval, in the form of a resolution, is a commitment to appropriate funds in subsequent fiscal years sufficient to meet the obligations of the contract. Should the Board of Commissioners approve the resolution, the Board of Education is required to appropriate the current year’s portion from existing funds, and in future years, from resources appropriated to them by the Board of Commissioners.

          Mr. Don Haydon, Associate Superintendent, Wake County Public School System, outlined the process, including all sites considered, that led the Board of Education to recommend opening the modular school at the Dubois Center. Wake Public Schools staff Clint Jobe and Mike Burriss assisted in presenting information and highlighted site comparisons and factors that would impact having the school in place by the first of August.
          There was much discussion regarding public disclosure and the process by which the Board of Education’s recommendation was brought forward today. The following information was requested: mandated year-round school schedule for the four schools (Fox Road, Wakefield, Wake Forest and Wildwood Forest Elementary), the time frame to implement year-round, and costs and impact on solving the problem; the impact of implementing half-day kindergarten systemwide; the pros and cons of taking time to evaluate other sites; a copy of School staff’s PowerPoint presentation to the Board of Education reference the Dubois Center site.

          The Commissioners received the report on the request from the Board of Education for approval of a multi-year operating lease. The Chairman emphasized the need for continued discussion at the joint meeting February 14, and that the Mayor of Raleigh, County and School leadership along with Wakefield Associates, and Craig Davis Properties engage in open discussion and fair comparison of the options (those presented today and others) and ability to accomplish goal. This item to be placed on the Board of Commissioners’ February 21, 2005 regular agenda for consideration by the full Board.
          ****************************

          The Chairman announced a ten-minute recess.
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          COMMISSIONERS WARD AND WEBB EXCUSED FROM MEETING

          Commissioner Council moved that Commissioners Ward and Webb be excused from the remainder of the meeting. The motion was seconded by Commissioner Jeffreys and was unanimously approved.

          Commissioner Council then moved that appointments to advisory boards be delayed until the next meeting in order to have input from the full Board. The motion was seconded by Commissioner Jeffreys. Upon vote the motion failed with Commissioners Council and Gardner voting aye; Commissioners Bryan, Gurley and Jeffreys voted nay.
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          REPORT ON THE REQUEST FROM
          WAKE COUNTY BOARD OF EDUCATION TO
          RE-ALLOCATE PLAN 2000 FUNDS

          Chairman Bryan recognized Mr. Don Haydon, Wake County Public Schools, to present information on the Wake County Board of Education’s request to reallocate Plan 2000 in the amount of $2,212,651. The Board of Education approved these reallocations in a resolution January 18, 2005. Project savings have been identified within Plan 2000 to fund the needs for Millbrook High.

          The Millbrook High addition and renovation project is a Plan 2004 project with a portion of funding coming from Plan 2000. The project bid was approved by the Board of Education on December 7, 2004 and January 4, 2005. Additional funds of $2,212,651 are needed to cover the base bid as well as the stadium and cafeteria alternatives.

          The Millbrook Project Architect of Cherry Huffman Architects presented information on the proposed renovations and responded to questions concerning the change in scope from the original plan, upgrades and code requirements.

          There was much discussion about Commissioners receiving complete and timely information on funding requests, clarification of the process regarding changing the scope of projects (how and who makes or authorizes expansion); the consideration of a third party to assess cost overruns, project creep concerns; the trend/pattern of changes in the scope of projects/increased costs and the impact on future projects as well as the integrity of the bond program and what was promised to the community; confirmation of Commissioners’ adopted strategies to fund the gap and provide modulars, but not overruns; and providing a set of contract bid documents to Commissioner Gardner for review prior to the February 14, 2005 meeting.

          Following the discussion and requests for additional information, Chairman Bryan requested that this item be placed on the February 21, 2005 regular agenda.
          ****************************

          REPORT ON THE REQUEST FROM
          WAKE COUNTY BOARD OF EDUCATION TO
          APPROPRIATE PLAN 2004 FUNDS

          The Board of Education is requesting a quarterly appropriation of Plan 2004 in the amount of $50,738,330 and includes $41,235,665 for construction, $2,477,745 for design, $4,066,960 for outfitting modular schools and relocating mobiles and $2,957,960 for system wide improvement, contingency, commissioning, re-roofing, permits.

          Mr. Don Haydon, Wake County Public Schools, presented information on the projects included in the request. Funds being requested for Elementaries E9 (Forest Pines Drive) and E15 (Pippin Road) will be used to outfit the modular elementary campuses at DuBois and Wendell (Highway 97). The actual items purchased will be used at E9 and E15 when they move from the modular campuses into their facilities.

          Additional information requested: how much has been spent on Enloe High to date; the amount of the last request; and the full anticipated investment in Enloe. A strategy for assessing the value of renovations versus new construction was also discussed.

          The Commissioners received the information as presented. This funding request will be placed on the February 21, 2005 agenda.
          ***************************

          UPDATE ON FINANCE, BUDGET AND
          HUMAN RESOURCE INFORMATION SYSTEMS REPLACEMENT PROJECT

          Mr. Bill Scanlon, E-Government Manager, presented information on the Finance, Budget and Human Resources Information Systems Replacement Project. He stated that during the past year, the County has been evaluating alternatives for a replacement financial information system that included an upgrade of the mainframe system or migration to a different platform. A project team was assembled to identify options and the County contracted with the Government Finance Officers Association, a non-profit organization with significant expertise in the procurement of such systems, to assist with the project.

          The Request for Proposals will be distributed Tuesday, February 8, 2005; the mandatory pre-proposal conference, Tuesday, March 1, 2005 and proposals and sealed pricing due Tuesday, March 22, 2005.

          It was noted that the RFP includes a “no contact clause” where representatives of competing firms are not to make any contacts, either written or verbal, with any Wake County employee, staff member or Board of Commission member. Any questions from firms can be directed to Tom Wester, Wake County Purchasing Director.

          The Commissioners received the report as presented.
          ****************************



          GRANT FOR PSYCHIATRIC SERVICES FOR
          THE HOMELESS AT CORNERSTONE

          Cornerstone is a transitional housing program of Wake County Human Services that provides outreach and mental health services to homeless individuals, helping them become self-sufficient to the greatest extent possible. This is accomplished by providing access to basic needs, mental health and substance abuse treatment.

          The program has received a grant from the State that will increase its capacity to deliver psychiatric services to the homeless community in Wake County. The grant is sufficient to increase the work schedule of an existing psychiatrist from a .5 FTE to a full time, 1.0 FTE position. This will allow Cornerstone to serve an additional 50 homeless individuals per year.

          The three-year State grant is funded by pass-through money from the federal Housing and Urban Development agency, in the amount of $165,375. The grant does not involve the use of any County general dollars.

          Upon motion of Commissioner Council, seconded by Commissioner Gurley, the Board unanimously approved the acceptance of an additional allocation from the North Carolina Division of Mental Health, Substance Abuse and Developmental Disabilities, and approved the increase of a current part-time psychiatrist position to a full-time position and authorized the necessary budget revision.
          ****************************

          ESTABLISH A O.5 HUMAN SERVICES TECHNICIAN POSITION TO
          IMPLEMENT THE, “EDUCATE OUR WOMEN PROGRAM”

          Wake County Human Services has received a grant from the Susan G. Komen Foundation to provide outreach and education to women who are at risk for contracting breast cancer. The program will target underserved populations in the African-American and Latino communities. The program is called the Education our Women Project.
          The grant funds will be used to fill a part-time Human Services Technician position who will serve as a community-based coordinator to reach Latino and African-American women over the age of forty.
          Upon motion of Commissioner Council, seconded by Commissioner Gurley, the Board unanimously approved the acceptance of grant funds totaling $48,502 to implement the “Educate Our Women Project” and the establishment of a part-time position (.5 FTE).
          ****************************

          SUPPORTED HOUSING SERVICES PROGRAM

          The City of Raleigh recently became an entitlement city and was awarded $102,935 in an Emergency Shelter Grant from the Housing and Urban Development (HUD). The City of Raleigh has requested that Wake County Human Services enter into a partnership to administer these funds. Wake County Human Services proposes that the funds be used to augment the housing assistance provided to eligible citizens of the County. Qualifying shelter resident would be eligible to apply for financial assistance in paying for first-month rent as they move out of the County’s shelters. Funds were also approved to pay for additional expenses incurred during cold weather emergencies when shelters accommodate additional persons beyond their normal capacity.
          Upon motion of Commissioner Gardner, seconded by Commissioner Council, the Board unanimously approved partnering with the City of Raleigh and accepting funds awarded by the Department of Housing and Urban Development for the Supported Housing Services Program.
          ******************************




          INTRODUCTION OF BOND ORDER AUTHORIZING
          APPROXIMATELY $272,300,000 GENERAL OBLIGATION REFUNDING BONDS
          AND CALLING FOR A PUBLIC HEARING ON THE
          PROPOSED BOND ORDER ON FEBRUARY 21, 2005 REFUNDING

          Chairman Bryan recognized Melinda Canady, Finance Director, to comment on the Bond Order authorizing approximately $272,300,000 General Obligation Refunding Bonds. Ms. Canady stated that the Finance Department and the County’s financial advisor monitor the debt portfolio to take advantage of refinancing opportunities. Staff is seeking authorization to refund the 1998 bonds along with the 2001B bonds previously authorized. Staff is also seeking authorization on the 2001A bonds and 2002 bonds in case interest rates improve further between now and the anticipated sale date of March 15, 2005, or some other later sale date. The Board’s authorization today of $272,300,000 plus the previous authorization of $127,200,000 will allow the County to take advantage of future interest rate fluctuations that produce refunding opportunities.

          The Chairman then introduced the following order authorizing bonds which was read:
          ORDER AUTHORIZING
          $272,300,000 REFUNDING BONDS

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

          Thereupon the Finance Director filed with the Clerk to the Board of Commissioners, in the presence of the Board, the sworn statement of debt as so required.

          Thereupon the order entitled: “ORDER AUTHORIZING $272,300,000 REFUNDING BONDS” was passed on first reading.

          On motion duly made by Commissioner Jeffreys, seconded by Commissioner Council and unanimously carried, the Board of Commissioners ratified and approved the filing of an application on behalf of the County for approval by the Local Government Commission of the issuance of said Refunding Bonds and approved the appointment of Waters & Company, LLC, Birmingham, Alabama, to serve as financial advisor for the County with respect to said Refunding Bonds.

          On motion duly made by Commissioner Jeffreys, seconded by Commissioner Council and unanimously carried, the Board fixed 2:00 P.M., February 21, 2005, in the Commissioners’ Meeting Room in the Wake County Courthouse in Raleigh, North Carolina, as the hour, day and place for the public hearing upon the foregoing order and directed the Clerk to the Board of Commissioners to publish said order, together with the appended statement giving notice of said hearing as required by The Local Government Bond Act, as amended, once in the The News & Observer not later than the sixth day before said date.
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          REVISION TO THE BOARD OF COMMISSIONERS
          2005 MEETING SCHEDULE

          The Board of Commissioners has adopted its 2005 meeting schedule which included a work session February 14, 2005. It is recommended that the Commissioners cancel the work session in that they will meet with the Board of Education (9:00am-12 noon) and the Wake County Legislative Delegation (3:00-5:00pm) on that day.

          Upon motion of Commissioner Council, seconded by Commissioner Gurley, the Board unanimously approved revision to the Board of Commissioners’ 2005 meeting schedule, canceling the February 14, 2005 work session.
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          APPOINTMENTS

          Upon motion of Commissioner Council, seconded by Commissioner Gardner, the Board approved the following appointments and suspended the rules of the Board’s Appointments Policy and term limits as it applies to the Wake Forest Board of Adjustment and Wake Forest Planning and Zoning Board:


          (nominated by Commissioner Gurley)





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          COMMITTEE REPORTS

          Commissioner Jeffreys announced a joint meeting of the Board of Commissioners and the Raleigh City Council on the “Ending Homelessness Ten Year Plan,” Wednesday, February 23, 2004.
          ***************************

          OTHER BUSINESS

          Commissioner Gardner commented on the recent ice event that crippled the area and the negative statements and talk in the community about what can be done better. He requested that the record show the following statement:
          ****************************

          CLOSED SESSION


          Commissioner Gurley made a motion to go into closed session to instruct staff on the terms and conditions of contract to purchase real property of approximately 99 acres from Lucy Moore Snakenberg for open space project. The motion was seconded by Commissioner Council and was unanimously approved.

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

          There was no report out of closed session.
          ****************************

          There being no further business to come before the Board at this time, on motion of Commissioner Gardner, seconded by Commissioner Gurley, and unanimous vote of the Board, Chairman Bryan announced the meeting recessed at 9:00 p.m., to reconvene February 14, 2005, at 9:00 a.m. at the Webster Training Center, Atlantic Avenue, Raleigh, North Carolina, to consider purchase of real property for the Open Space Program.
          ***************************

          Respectfully submitted:

          Gwen Reynolds
          Clerk to the Board
          Wake County Commissioners