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    Minutes of January 8, 2007 Board of Commissioners' Meeting (adopted)




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Wake County Board of Commissioners

January 8, 2007

Regular Meeting


The Wake County Board of Commissioners met in regular session Monday, January 8,

2007 at 2:00 p.m. in the Commissioners’ Room, 7th Floor, Wake County Courthouse, Raleigh, North

Carolina. Members present were Commissioners Lindy Brown; Joe Bryan; Paul Coble; Kenn M.

Gardner; Tony Gurley; Betty Lou Ward; and Harold Webb.
Others attending were the County Manager, David C. Cooke; the County Attorney,
Michael R. Ferrell; and the Clerk to the Board, Susan Banks.

Chairman Gurley called the meeting to order.

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PLEDGE OF ALLEGIANCE


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INVOCATION
Commissioner Lindy Brown offered the invocation.

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APPROVAL OF AGENDA

Upon motion of Commissioner Ward, seconded by Commissioner Coble, the Board unanimously approved the agenda of January 8, 2007 meeting.
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MINUTES

Upon motion of Commissioner Gardner, seconded by Commissioner Bryan, the Board unanimously approved the Minutes of December 4, 18 and 20, 2006.

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RETIREE RECOGNITION

Retirees with 25 years or more with Wake County were recognized. Retirees receiving recognition were Lanny C. Parker, Betty Burt-Peebles, Harry W. Gardner, John W. (Wes) Caldwell, Katherine A. Gordon and Claudene Winfree.
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RECOGNITION OF CARING, SHARING, AND RESPECTING
CUSTOMERS AWARD WINNERS

Mr. Cooke introduced each of the employees receiving the Caring, Sharing and Respecting Customer Awards.
Dale Johnson, Paramedic, goes the extra mile in carrying for his patients. He sets an excellent example for new paramedics.

Rebecca White, Human Services, goes over and above what is required for customer service. She conveys the same philosophy to her coworkers also.

Ron Vasquez, Human Services, works with anyone in need of his help and is always available. He develops trust and repertoire with his clients.

Milton Craft, Human Services, and is exemplary in customer service. He inspires people to be better people. He works with sex offenders and the courts. He provides a consistent spiritual example to others.
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PRESENTATION OF THE GOVERNMENT FINANCE OFFICERS’
ASSOCIATION CERTIFICATE OF EXCELLENCE IN FINANCIAL REPORTING

Mr. David Cooke informed the Board that Ms. Melinda Canady, and her staff, were awarded the Government Finance Officer’s Associations Certificate of Excellence in Financial Reporting. This is the twenty-second year the County’s Finance Office has won this award. Ms. Canady recognized Susan McCullen and Kim Lorbacher, staff of the Finance Office, who worked on this report.
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PRESENTATION OF OPERATING RESULTS AND
FINANCIAL POSITION FOR FISCAL YEAR 2006

Ms. Melinda Canady stated the County had received an unqualified opinion on all funds which assures that the County’s numbers are correct. The AAA bond rating was reaffirmed by all three national rating agencies. The County issued $41 million general obligation school bonds. The Financial Highlights for 2006 were:
Weighted average interest rate on all outstanding bonded debt was 4.60% as of June 30, 2006.
Continued diligence in collection of property taxes has resulted in a collection rate of 98.80%.
Board authorized $309 million in commercial paper program.

2006 Results of Fund Balance for End of Year - $163,252,683

Appropriated Fund Balance at End of Year - $22,016,313

The county maintained its Aaa/AAA/AAA rating. There was one audit finding in the Human Services area reported and improved internal control procedures are being implemented.

Ms. Canady stated that the County had received a management letter from Cherry Bekaert and Holland. The management letter recommended some options for the County including establishment of an audit committee which has already been done. The quality insurance function should be expanded and the County should establish a hotline.

Ms. Canady introduced Susan Martin, with Cherry Bekaert and Holland, who spoke on the audit process and the condition letter and recommendations. The audit started in May 2006 when they decided what areas needed to be look into closer. This audit year went smoothly. The items communicated were the opinion on the financial statements. No significant adjustments were made. The Audit Committee has already been established and will need to review ways to address the audit. She thanked the staff of the Finance Department and expressed how cooperative and supportive they were to them. The material weakness from the audit will be reported at the next meeting.

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PRESENTATION OF PAYMENT IN LIEU OF TAXES BY CENTENNIAL AUTHORITY

Bill Mullins, Chairman of the Centennial Authority, presented a check in the amount of $1,172,889.23 to the County of Wake from the Centennial Authority as a payment in lieu of taxes. Commissioner Ward thanked Mr. Mullins for his service to the community. The City of Raleigh also was paid $804,742.61.
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Consent Agenda

Upon motion by Commissioner Bryan, seconded by Commissioner Webb, the Board voted unanimously to approve the consent agenda as presented.
EXTENSION OF CONTRACT WITH CHERRY, BEKAERT, & HOLLAND
THROUGH JANUARY 2009 FOR EXTERNAL AUDIT SERVICES

Specific Action Approved: The Board of Commissioners approved an amendment to extend the contract for external audit services with Cherry, Bekaert, & Holland, LLP through January 2009.
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ADOPTION OF THE FISCAL YEAR 2008 BUDGET CALENDAR
Specific Action Approved: The Board of Commissioners adopted the Fiscal Year 2008Budget Calendar as follows:
1. May 21, 2007: Presentation of County Manager’s Recommended Budget
2. June 4, 2007: Public hearings on the recommended budget
3. June 11, 2007: Work Session for the Board of Commissioners
4. June 18, 2007: Adoption of Operating and Capital Budgets and related ordinances

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TRANSFER OF $79,363 BETWEEN WAKE TECHNICAL COMMUNITY COLLEGE
CAPITAL PROJECTS

RESOLUTION R2007-1
REALLOCATE FUNDS FOR WAKE TECH CAPITAL PROJECTS

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

WHEREAS, savings are available from prior building programs; and,

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

WHEREAS, Wake Technical Community College has duly requested, that the Board of Commissioners approve the transfer of $79,363 from various projects within the capital program to the Wake Tech North Campus Phase I project.

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

From: To:
Student Education Building
$ 839
Wake Tech North Campus Phase I
$79,363
Wake Tech Sewer Lines
1,418
93 Wake Tech Bond Proceeds – Unallocated
39,275
Various Wake Tech Projects
37,830
2003 Wake Tech Bookstore
1
Total
$79,363
$79,363

Adopted this the 8th day of January, 2007.


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CONVEYANCE OF A 30-FOOT WIDE UTILITY EASEMENT TO PROGRESS ENERGY
ACROSS COUNTY-OWNED PROPERTY AT THE SOUTH WAKE LANDFILL

Specific Action Approved: The Board of Commissioners approved the conveyance of a 30-foot wide easement to Progress Energy Carolinas, Inc. for the installation and maintenance of overhead electrical facilities across County-owned property located on Old Holly Springs Apex Road at the South Wake Landfill.
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CONVEYANCE OF A DRAINAGE AND UTILITY EASEMENT FOR
GREENWAY PURPOSES TO THE TOWN OF CARY ACROSS
COUNTY-OWNED PROPERTY, SITE 23, CRABTREE CREEK WATERSHED PROJECT

Specific Action Approved: The Board of Commissioners approved the conveyance of a permanent drainage and utility easement across County-owned property at Site 23, Crabtree Creek Watershed Project in support of the Black Creek Greenway Trail.

(The Black Creek Greenway Trail connects the Town of Cary Greenway System to the mountain bike trails in Lake Crabtree County Park and the trail system within Umstead State Park.)
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AWARD OF CONSTRUCTION CONTRACT FOR
COURTHOUSE HVAC IMPROVEMENTS TOTALING $2,180,000

Specific Action Approved: The Board of Commissioners awarded a contract for Courthouse HVAC Improvements and Chilled Water Interconnect in the amount of $2,180,000 to Acorn Industrial, Inc. of Raleigh.

RE-BID TABULATION


PROJECT: Wake County Courthouse HVAC Upgrades and Chilled Water Interconnect
CONTRACT: Single Prime Construction

DATE: January 2, 2007
TIME: 2:00 pm

CONTRACTOR
LICENSE
NO.
ADDENDA
MBE
DOCUMENTS
BID
BOND
LIST
SUBS
BASE
BID
ALTERNATE NO. 3
CONTRACT
TOTAL
Acorn Industrial, Inc.
7311 Acc Blvd.
Raleigh, NC 27617
17649
1,2,3,4,5,6
Yes
5%
Yes
$2,430,000.00
-$250,000
$2,180,000.00
W.E. Bolton Construction & Service, LLC
912 Tryon Hill Drive
Raleigh, NC 27603
53406
1,2,3,4,5,6
Yes
5%
Yes
$2,624,295.00
-$45,000
$2,579,295.00

This is to certify that the bids tabulated herein were publicly opened and read on the 2nd of January, 2007 in Room 926, 9th Floor of the Wake County Office Building, 336 Fayetteville Street Mall, Raleigh, NC, and that all said bids were accompanied by certified checks or bidder's bond except as otherwise noted.

____________________________________
Phillip D. Stout
Director, Facilities Design & Construction

ENGINEER: HDM Associates, Inc.

Deductive Alternate No. 3: Includes covering the sixth floor and penthouse floor mechanical rooms with an epoxy coating.
AMBULANCE LEASE TO EASTERN WAKE EMS FOR A FOUR-YEAR TERM

Specific Action Approved: The Board of Commissioners approved the multi-year revenue lease agreement with Eastern Wake EMS.

This lease is the first life cycle replacement for the Eastern Wake EMS. Two ambulances are scheduled for replacement and due to the multi-year component of the revenue agreement; the Board of Commissioners must approve this lease between Wake County and Eastern Wake EMS.

Monthly lease amount for Ambulance #1 for 4 years: $1,859 Annually: $22,308
Monthly lease amount for Ambulance #2 for 4 years: $1,859 Annually: $22,308
Total $3,718 Annually: $44,616
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ADOPT RESOLUTION APPROVING THE APPOINTMENT AND REMOVAL OF
TOWN OF APEX STAFF TO SERVE AS REVIEW OFFICERS
FOR THE TOWN OF APEX

RESOLUTION R-2007-2

RESOLUTION
APPOINTING (AND REMOVING) STAFF FROM THE TOWN OF APEX TO SERVE AS MAP AND PLAT REVIEW OFFICERS

WHEREAS, Section 3, Article 2 of Chapter 47 of the North Carolina General Statutes requires the Board of Commissioners of each County to designate one or more persons experienced in mapping or land records management to be appointed as a Review Officer to certify the maps or plats presented to the Register of Deeds as complying with all statutory requirements for recording: and

WHEREAS, the review of statutory requirements is of a technical nature; and

WHEREAS, Town of Apex staff is qualified to undertake this technical review and therefore are the logical people to implement this requirement; and

WHEREAS, one of the services the Town of Apex staff provides to the community is a similar technical process for subdivision plat review in order to verify compliance with the Town’s development regulations; and

WHEREAS, it appears most efficient for the Town of Apex to avoid adding another layer of development review by providing for the certification of statutory compliance for all maps or plats to be presented to the Register of Deeds for recording within the context of subdivision review procedures:

NOW, THEREFORE, BE IT RESOLVED that the Wake County Board of Commissioners designates the following persons to serve as the Review Officers for all lands within the municipal and extraterritorial jurisdiction of the Town of Apex:

Brendie Vega Mkhwanazi, Senior Planner
Amy Overfield, Planning Technician

NOW, THEREFORE, BE IT RESOLVED that the Wake County Board of Commissioners removes the following person to serve as the Review Officers for all lands within the municipal and extraterritorial jurisdiction of the Town of Apex:

Rosetta Radtke, Planner

This motion was made by Commissioner Bryan and seconded by Commissioner Webb, and passed by unanimous vote of the Wake County Board of Commissioners on this 8th day of January, 2007.

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REALLOCATE PLAN 2000 FUNDS


RESOLUTION REQUESTING REALLOCATION OF FUNDING
PLAN 2000 CAPITAL BUILDING PROJECTS

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

WHEREAS, the Wake County Board of Education has approved the projects listed below as part of its PLAN 2000 Building Programs, and contracts have been or will be let for planning and design services.

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

      FROM
AMOUNT
TO
      AMOUNT
      PLAN 2004 Building Program
      Broughton High
$210,623
      Program Contingency
$1,373,786
      East Garner Middle
$2,575
      Jones Diary Elementary
$2,409
      Ligon Middle
$60,837
      Underwood Elementary
$120,253
      Cary Elementary
$2,760
      Salem Middle
$360,580
      Holly Ridge Elementary
$49,632
      Holly Ridge Middle
$15,432
      Highcroft Elementary
$26,873
      Powell Elementary
$42,556
      Forestville Road Elementary
$218,370
      Kingswood Elementary
$257,394
      Cedar Fork Elementary
$3,494
      PLAN 2000 Total
$1,373,786
PLAN 2000 Total
$1,373,786

Resolved this 21st day of November 2006 WAKE COUNTY BOARD OF EDUCATION

By: __________________________________ Patti Head, Chair
Attest: _______________________________
Del Burns, Secretary

RESOLUTION R-2007-3

REALLOCATE FUNDS FOR PLAN 2000 SCHOOL CAPITAL PROJECTS

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

WHEREAS, the Wake County Board of Education has duly requested, through a resolution adopted November 21, 2006, that the Board of Commissioners approve the reallocation of $1,373,786 from various Plan 2000 projects to Plan 2000 program contingency.

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

      FROM
AMOUNT
TO
      AMOUNT
      PLAN 2004 Building Program
      Broughton High
$210,623
      Program Contingency
$1,373,786
      East Garner Middle
$2,575
      Jones Diary Elementary
$2,409
      Ligon Middle
$60,837
      Underwood Elementary
$120,253
      Cary Elementary
$2,760
      Salem Middle
$360,580
      Holly Ridge Elementary
$49,632
      Holly Ridge Middle
$15,432
      Highcroft Elementary
$26,873
      Powell Elementary
$42,556
      Forestville Road Elementary
$218,370
      Kingswood Elementary
$257,394
      Cedar Fork Elementary
$3,494
      PLAN 2000 Total
$1,373,786
PLAN 2000 Total
$1,373,786
Adopted this the 8th day of January, 2007.

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TAX REPORT

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


1.Report of Collections – Wake County Only – November 2006
2.Wake County In-Rem Foreclosure Progress Report – November 2006
3.
Value Adjustments and Special Situations: (Wake County Only), (Wake County and Town of Cary), (Wake County and City of Raleigh)
4.
Consideration of Requests for Exemptions-Late Filed Applications: (Wake County Only), (Wake County and Town of Apex), (Wake County and Town of Cary), (Wake County and City of Raleigh)
5.Consideration of Requests for Adjustments, Rebates and/or Refunds of Penalties: (Wake County Only), (Wake County and Town of Cary), (Wake County and Town of Morrisville), (Wake County and City of Raleigh)
6.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 Knightdale), (Wake County and Town of Morrisville), (Wake County and City of Raleigh), (Wake County and Town of Rolesville)
7.Consideration for Release of Penalties and Interest for Wake County Prepared Food and Beverage Taxes: (Wake County Only)
8.
Request for Tax Relief-Late Filed Applications: (Wake County Only), (Wake County and Town of Fuquay-Varina), (Wake County and City of Raleigh)
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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Regular Agenda Items

PUBLIC HEARING
REQUEST FOR AMENDMENT OF CONSTRUCTION AND
DEMOLITION DEBRIS LANDFILL FRANCHISE – RED ROCK DISPOSAL, LLC

Mr. Ferrell stated this request was passed on its first reading at the December 4, 2006 meeting. A public hearing is required to be held. The public hearing has been scheduled, announced and posted, as well as noticed in the newspaper. The petitioner is represented by Tom Worth, Attorney.

Mr. Worth presented the facility plan for the Red Rock Disposal LLC. This facility is a wholly owned subsidiary of Waste Industries USA, Inc. of 3301 Benson Drive, Raleigh, NC 27609, Property Owner and Landfill Operator. He introduced Ven Poole, Jerry Johnson, David Pepper, John Demere, and John Gardner (professional engineer) of Richardson, Smith, Gardner and Associates and Lyle Overcash (programming engineer) of Martin/Alexiou/Bryson, PLLC. Mr. Overcash was responsible for the traffic studies on the project.

The property is located at 7130 New Landfill Road and contains 225.381 acres more or less, as described by metes and bounds. No change whatsoever is proposed in the landfill tract nor in its access from Rex Road via the road shared with the nearby quarry and asphalt plant for a distance of approximately 1,600 feet and by a spur road for a distance of approximately 2,500 feet.

Mr. Worth provided background on the project as stated in the Application for Amendment of Construction and Demolition Debris (C&D) Landfill Franchise (Only for Expansion of Service Area).

On Feb 5, 2001 they were granted a C&D landfill franchise. Progress Energy is also a landowner in this area. The request is to move from serving eight counties, including Wake County, to serving a total of 59 counties. There would be no change in the footprint of the operation, the number of trucks per day with an estimated maximum of 200 trucks per day with no change in the maximum permitted 2,000 tons per day, and there would be no change in the waste stream. The amendment requested in order to meet changes in statutory requirements and to provide service to their customers. There are currently 58 trucks per day average intake in the landfill.

A notice was published on December 7, 2006 in the News & Observer. Mr. Worth posted the property along Rex Road on December 8, 2006. Mr. Worth said the facility plan and application were filed with the two libraries closest to the facility. He said they tried to give the public an opportunity to view the materials and raise questions as desired. Mr. Worth talked with the librarians at Holly Springs and Fuquay-Varina. The Holly Springs Librarian alerted citizens of materials being available. He met with Mayor Sears of Holly Springs to make them aware that Waste Industries was considering this activity. The meeting was followed up with a letter and notice of the public hearing to Mayor Sears and the Holly Springs Town Attorney. He did not hear back from the Holly Spring Librarian before this meeting.

Ven Poole said this franchise amendment request is driven by regulatory requirements of DEHNR, concerning where waste can come from, that goes into the transfer station. It is a technical clarification. Some of their customers are expanding outside of the Wake County area. It is driven by the need of customers and so the Durham transfer station can bring waste to the landfill. The housing market has increased the need for C&D landfill. About 80% of the waste is coming from Wake County. Mr. Worth said there are other landfills that are providing the same services to this same area.

Commissioner Brown thanked them for being so professional on this project.

The Public Hearing was opened by Chairman Gurley.

John Schifano, Holly Springs Town Attorney, said this amendment would be a substantial departure from the current facility by opening this facility up to additional counties. He asked way they wanted to open up the facility to counties as far away as Mecklenburg County which was going too far. He questioned the statement made by Mr. Worth about most of the truck traffic coming down highway US 1. He suggested a traffic analysis be done if they shut down the Shearon Harris plant and the traffic is rerouted. He said the number of trucks depends on economy, weather and other factors. General Assembly has looked at being an importer for trash and considered the effect of opening a regional landfill. He suggested they do a traffic analysis if the New Hill Road is not accessible for a period of time. It will not stop growth in the area. He asked the Board to reconsider burdening Wake County with 3/4th of the trash of North Carolina.

Chairman Gurley asked if others wished to speak. No one came forward. Chairman Gurley closed the public hearing.

Mr. Worth introduced Lyle Overcash to speak to the traffic analysis. Mr. Overcash said he worked on the original study and did an analysis on the intersection on both sides of the landfill. The New Hill Holland Road is about at 40% capacity. It can accommodate about 12,000 vehicles per day and it currently has 4,800 vehicles per day. He said he can only speak to the analysis that has been done. Mr. Worth said the object of the C&D landfill is to take construction debris from building projects. He provided a map showing the Hanson Road Quarry and adjacent asphalt plant. Holly Springs has determined this is a high impact area. This is an ideal location for this operation. They believe this is a responsible approach and will assist them in avoiding transfer trucks having to come through Durham. There are 15 years left on the franchise. Mr. Worth said they run a responsible operation and will not adversely impact the Holly Springs community. Mr. Worth presented questions that had arisen during this request and addressed them with answers.

Mr. Ferrell said the Board could turn this down or alter it in some way if desired.

Commissioner Ward motioned that the Board of Commissioners approve the application of Red Rock Disposal, LLC., for amendment of its franchise to operate a C & D landfill and adopt the second reading of the franchise amendment. The motion was seconded by Commissioner Coble and passed with a four to three vote. Ayes were: Commissioners Brown, Coble, Ward, and Webb. Nays were: Commissioners Bryan, Gardner, and Gurley.

ORDINANCE GRANTING AMENDMENT OF FRANCHISE TO
RED ROCK DISPOSAL, LLC
FOR OPERATION OF CONSTRUCTION AND DEMOLITION DEBRIS LANDFILL


WHEREAS, Red Rock Disposal, LLC has applied for an amendment to the franchise granted by this board on June 5, 2000 and amended on February 5, 2001, for the operation of a construction and demolition debris landfill in Wake County; and,

WHEREAS, the application for amendment of the franchise filed by Red Rock Disposal, LLC requests alteration of the service area from which the facility may accept waste; and,

WHEREAS, GS 153A-46 requires that ordinances granting or amending franchises must be passed at two regular meetings of the Board; and,

WHEREAS, GS 130A-294(b1) requires that a public hearing be held prior to the award of a franchise or amendment to a franchise to operate a construction and demolition debris landfill upon at least thirty days notice and that the application be timely filed with the public library closest to the existing or proposed landfill site; and,

WHEREAS, the application was timely filed with the closest public library, the required public notice was made and a public hearing was held on January 8, 2007.

NOW THEREFORE BE IT ORDAINED,

Section 1. The franchise granted to Red Rock Disposal LLC for operation of a construction and demolition debris landfill is hereby amended to expand its service area to include the counties listed in Exhibit D, and shown on Exhibit D-1, of its “Application for Amendment of Construction and Demolition Debris (C&D) Landfill Franchise” filed with this Board on November 17, 2006, a copy of which is maintained in the permanent files of the Clerk to the Board. This franchise amendment shall expire coterminous with the expiration of the original franchise.

Section 2. The representations made in said application and contained in Exhibits E- 1, E-2 and E-3, are adopted, incorporated herein, and made a part of this franchise amendment.

Section 2. The applicant shall provide documentation reasonably required by the County to ascertain compliance with the terms of the franchise as amended.

Section 3. This ordinance is effective upon the holding of a public hearing and approval of its second reading by this Board. Adopted this the 8th day of January, 2007.

Public Comments

Paul Barth spoke on the expansion request of the ETJ for Apex. He asked the commissioners to postpone any decision on the Apex ETJ request.

Dave Duncan spoke about school capacity versus enrollment for year round schools. Staff does not give credit to mobile units. He questioned the interpretation that mobiles are instructional compromises as indicated by School staff. Year round school operations are expensive. It is only reasonable when it is voluntary because it is an operational and financial nightmare. He said an enrollment audit is in order.

Jennifer Haider spoke as a real estate professional on the effects the school issues are having on Wake County’s real estate market. People do not want their children to be on different schedules. Wake County is getting a lot of bad press from the mandatory year round schools. She has had four clients in the last couple of months that have bought homes in other counties because of the schools mandatory year round system.

Dawn Graff thanked the Board for allowing the citizens to be heard at the December 20th work session. She was a part of the citizens advocating responsible schools. There are good schools and great teachers but no consistency. She was concerned about the shifting of 1000 students for minimum gain. She spoke of people moving to Wake County but not being aware their school choice would be taken away from them. The Wake County School Board won this battle but citizens had their choice taken away from them. They have lost neighborhood schools and are losing teachers. Families are suffering. She asked the Board not to advance the funds for capital projects to the schools. Mobile units will accomplish capacity needs.

Bruce Brennan, with the Wake Cares Organization, questioned the enrollment numbers. He said when the bonds were marketed it was advertised that there would be a 33% gain but now the Board of Education is using 6% figure as an actual impact of the bonds. Some are on mandatory year round and some are not and this is not equity or fair for the citizens. There is serious confusion and dissatisfaction on their hands. Many feel the elected officials are not listening to the people. He asked the Board to look out for the citizens.

David Bristol said the Apex ETJ request is premature and asked the Board to please delay this request. It is based on approval of the DEHNR approving a waste water treatment system site. The site might not be approved and the Board should be prudent. In addition to the Apex request, he stated the school system is a problem. He said he did not support the bonds and will not support the schools until the system that is undermining families is gone. A lot more time will be spent on the roads by the parents transporting students with year round schools.

Carol Parker (school board member) said she was speaking as a tax payer and citizen of Wake County and said the system is broken. She spoke about Knightdale’s growth and the growth around 540 subdivisions that are being approved. The Blue Ribbon Committee addressed growth issues. The draft legislative agenda to be adopted by the Board of Education should mirror the Board of Commissioners’ agenda. She suggested the Board consider an Adequate Facilities Ordinance. Municipalities look at water, sewer and roads when they approve subdivisions but do not look at the impact of additional students on the schools.

Lisa Nesbitt stated that school is one aspect of family life. She said the Board is allowing school administration to force her family’s schedule for vacation, sports, and that year round schools affects all extra curricular activities for the children and parents.

John Brubaker spoke against the Apex ETJ expansion request. The Southwest Wake Planning Group has not been heard on this topic. The Board of Commissioners is the only group that is required to hear the citizens. If it is referred to the Wake County Planning Board, he asked that they be required to hear from the Southwest Wake Planning group.

Cindy Selwaeh spoke about an independent poll done by parents. She said 65% to 75% of the parents want the schools to remain on a traditional schedule. Leesville is a campus and all the schools are connected. People should have the choice. The people were told to pass the bonds and then discuss the options. She asked what happened to the options.

Christine Clark lives in Apex area and has two children, one child on the traditional schedule and one child on the year round schedule. Wake County teachers were promised they would have options for their children. An Olive Chapel school student needs tract four. Teacher cannot teach there next year because of daughter not being placed on tract four.

Ken Kirby, Homebuilders Association, stated concern about the Board considering an Adequate Facilities Ordinance. He said this type ordinance does not work well and hoped there would be some dialogue before the Board considers taking such an action.

Tim Ingles said last year there was a seat for every student and asked what has happened. He asked that the Board of Commissioners use their fiscal responsibly to manage growth in the schools.
Regular Agenda Items

REQUEST FROM WAKE COUNTY BOARD OF EDUCATION
TO ESTABLISH CIP 2006 AS THE PLAN OF RECORD AND TO
APPROPRIATE AND REALLOCATE CIP 2006 FUNDS

RESOLUTION REQUESTING ALLOCATION OF FUNDS
CIP 2006 SCHOOL BUILDING PROGRAM

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

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

NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Wake County Board of Education requests that the Wake County Board of Commissioners appropriate a total of $281,993,748 for the projects listed below:

PROJECT
APPROPRIATION
East Millbrook Middle (construction)
$27,518,813
Lynn Elementary (construction)
$20,965,106
Aversboro Elementary (construction
$20,158,544
Cary High (design)
$500,000
Martin Middle (design)
$853,989
East Wake High (design)
$2,015,569
Enloe High (design)
$630,493
Year Round Conversion (equipment)
$3,450,000
Poe Elementary (design and swing space)
$1,678,315
Root Elementary (design)
$1,634,648
Smith Elementary (design)
$1,503,632
Lacy Elementary (design and swing space)
$4,068,922
Heritage High (construction)
$56,321,991
E 17 (design)
$336,674
River Bend Elementary (construction)
$19,584,080
E 22 (construction)
$15,971,953
Wendell Middle (design and startup equipment)
$2,925,805
Banks Rd Elementary (construction)
$21,232,716
Laurel Park Elementary (construction)
($20,148,651)
Offsite Costs (construction)
$3,487,186
Mobile relocation and leasing (design and const.)
$3,788,700
Wendell & E Cary Conversion (Const. and equipment)
$472,760
9th Grade Centers (design, const., and equip.)
$7,345,200
E 25 (design)
$2,160,424
E 27 (design)
$2,160,424
E 28 (design)
$2,160,424
E 30 (design)
$2,160,424
M 9 (design)
$3,951,529
M 10 (design)
$3,951,529
H 6 High (design)
$5,666,221
Facility Assessment for 2007
$531,443
Life Cycle Roofing Replacement (design and const.)
$1,817,952
Child Nutrition Warehouse (design)
$260,454
Property Acquisition
$20,579,179
TOTAL
$281,993,748

Resolved this 21st day November 2006 WAKE COUNTY BOARD OF EDUCATION

By: _____________________________
Patti Head, Chair

Attest: ____________________________
Del Burns, Ed., D., Secretary

RESOLUTION REQUESTING REALLOCATION OF FUNDING
CIP 2006 CAPITAL BUILDING PROJECTS
WHEREAS, the Wake County Board of Education is engaged in a Long-Range
Building Program, and
WHEREAS, the Wake County Board of Education has approved the projects
listed below as part of its CIP 2006 Building Programs, and contracts have been
or will be let for planning and design services.
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Wake County
Board of Education requests that the Wake County Board of Commissioners reallocate
funds as follows:
FROMAMOUNTTOAMOUNT
CIP 2006 Building Program
East Millbrook Middle $103,652Building Permit Fees$731,319
Lynn Elementary$73,899
Aversboro Elementary $70,449
Heritage High$192,936
River Bend Elementary $72,915
E 22 $74,079
Banks Rd Elementary $73,251
Laurel Park Elementary $70,138
$731,319CIP 2006 Total$731,319
Resolved this 21st day of November 2006WAKE COUNTY BOARD OF EDUCATION
By: ________________________________
Patti Head, Chair
Attest: _____________________________
Del Burns, Ed.D., Secretary

Mr. Don Haydon, representing Wake County Public Schools, said he was present for commissioners’ questions. Commissioner Bryan said that at the work session there were some questions that the commissioners had that needed to be addressed. He asked about the question of 6% or 33% impact difference in year round capacity.

Mr. Chuck Delaney, from Wake County Public Schools, said they provided each School by school chart with capacity calculations. On 21st day, this is school capacity and this is when compromises are made based on enrollment. The 2008 growth planning will be presented to School Board tomorrow for year round capacity. If a school had double tracts, there could be children in the same family that could have different tracts in the same school. Maximum capacity is gained with four tracts. Some schools are operating at 1100 students with four tracts, which is optimum.

Reassignments show some will be at capacity and some will be below capacity. If below capacity, the school has growth for next year. They are using the 2004 building program and trying to have schools below capacity for the next year per instructions of the School Board.

There is an impact by having mobile classrooms. Balentine only needs four mobile classrooms but have six on-site and they recommend leaving them in place. If they look at rooms on site and available for use, that is where potential capacity is derived. The membership gain is the gain from 20th day this year to 20th day next year. Membership gains across 19 elementary schools was addressed such as 51 classrooms on site that are not used, they are in addition, and used for year round calendar.

Mr. Delaney said this could add in 1000 to 1100 seats but are not adding those to get the gains for next year’s growth. Only five schools are being recommended for additional mobiles. Green Hope needs 3 more mobiles. Four units are needed at Harris Creek with three to be added Highcroft and they will run 4 tracts. They recommend removing units from Leesville and Wakefield because they have too many and do not need them to run 4 tracts. They generate 575 seats from 13 mobiles and can gain 3500 seats for year round.

Commissioner Gardner spoke about the waiver on classroom size which was discussed and expressed concern that this was not being addressed by the School Board so the Boards could move forward with the Legislature. Both Boards should be in agreement on this request. He plans to add it to the Commissioners’ Legislative Goals later in the meeting.

Commissioner Gardner said he referred to the 2006 CIP budget and it did not add up to the
$1,056 billion. It was $100 million short of the $1.056 billion. He said he reviewed what was on the website for the citizens and that did not add up to the total either.

Mr. Delaney said they look at turnkey costs, which is different from the bid costs which portrayed differences especially on the renovations. Commissioner Gardner asked for the totals that were used for the bond package to be used so there would be some consistency. The real issue is about capacity and none of the schools being renovated are being converted to year round schools. A lot of money is being spent on a couple of seats. Why spend this much money is not converting to year round school. He suggested they need to look outside the beltline as well as inside the beltline. Bugg Elementary has the largest seat gain of all the renovations, so why not focusing on the schools with the most seat gain first. Mr. Haydon said it may depend on the condition of the school and the capacity may be a benefit of the renovation of the building. Mr. Mike Burris said Bugg and Wilbern schools follow along later in the program but do come before some other projects on the list. He stated that doing these in conjunction allows them to use them for swing space for other projects. He said two elementary schools and one middle are not being requested. Mr. Burris said it is driven off availability of land and cash flow.

Commissioner Ward asked about Brassfield which is in a watershed. Mr. Delaney said it will be going to year round next year. There are other schools that are located in watersheds such as Swift Creek, Willow Springs, Pleasant Union, others are in watershed areas. Commissioner Ward said they have to work around a lot of logistics to build or expand these particular schools.

Mr. Delaney said the next quarterly appropriation will go to the School Board for approval in February 12th and they will then bring it to this Board.

Commissioner Bryan asked what the cost was for converting traditional calendar schedule to year round in the elementary schools. Mr. Delaney estimated the costs at $140,000 to $150,000 per year. Commissioner Webb said the two boards have worked together to come up with this program and now discussing minor details. It is important to move forward.

Commissioner Webb motioned, seconded by Commissioner Ward, to approve the request from the Board of Education to establish CIP 2006 as the Plan of Record and to appropriate and reallocate CIP 2006 funds.

Commissioner Coble offered a substitute motion stating that it is most important to deal with the issues of building new schools. He noted that this Board is somewhat restricted in what it can do involving the schools. However, he motioned to change the CIP plan in order to move forward with building new schools in order to address the need for increased capacity in the schools as follows:

A
B
C
D
E
F
G=A+B+D+E+F
Project Description
Purpose
Amount
Reallocation
Requested Appropriation
Building Permit Adjustment
BOC Reducation
BOC Addition
Appropriation
2008 Opening River Bend Elem (19)
const. & permits
$ 19,584,080
$ (72,915)
$ 19,511,165
$ - $ - $ - $ 19,511,165
2008 Opening Elementary (17)
design
336,674 -
336,674
- - - 336,674
2008 Opening Laurel Park Elem (26)
const. & permits
20,148,651
(70,138)
20,078,513
- - - 20,078,513
2008 Opening Elementary (22)
const. & permits
15,971,953
(74,079)
15,897,874
- - - 15,897,874
2008 Opening Banks Rd Elem (23)
const. & permits
21,232,716
(73,251)
21,159,465
- - - 21,159,465
2009 Opening Elementary (27)
design
2,160,424
2,160,424
- - - 2,160,424
2009 Opening Elementary (28)
design
2,160,424 -
2,160,424
- - - 2,160,424
2009 Opening Elementary (30)
design
2,160,424 -
2,160,424
- - - 2,160,424
2009 Opening Elementary (25)
design
2,160,424 -
2,160,424
- - - 2,160,424
2009 Opening Wendell Middle
design & start up
2,925,805 -
2,925,805
- - - 2,925,805
2010 Opening Middle (9)
design
3,951,529 -
3,951,529
- - - 3,951,529
2010 Opening Middle (10)
design
3,951,529 -
3,951,529
- - - 3,951,529
2009 Opening Heritage High
const. & permits
56,321,991
(192,936)
56,129,055
- - - 56,129,055
2010 Opening High (6)
design
5,666,221 -
5,666,221
- - - 5,666,221
Land Purchase
land
20,579,176 -
20,579,176
- - - 20,579,176
9th Grade Centers
design & const.
7,345,200 -
7,345,200
- - - 7,345,200
Wendell Middle & East Cary Conversion
const. & equip.
472,760 -
472,760
- - - 472,760
Conversion of Elem. Schools to Year Round
equip.
3,450,000 -
3,450,000
- (3,450,000) - -
Mobile Classroom Relocation and Leasing, 2007 thru 2009
design & const.
3,788,700 -
3,788,700
- (3,788,700) - -
Offsite Improvements at New Schools
const.
3,487,186 -
3,487,186
- - - 3,487,186
Aversboro Elementary
const. & permits
20,158,544
(70,449)
20,088,095
- - - 20,088,095
East Millbrook Middle
const. & permits
27,518,813
(103,652)
27,415,161
103,652 (27,518,813) - -
East Wake High
design
2,015,569 -
2,015,569
- - - 2,015,569
Lynn Elementary
const. & permits
20,965,106 (73,899)
20,891,207
73,899 (20,965,106) - -
Martin Middle
design
853,989 -
853,989
- (853,989) - -
Lacy Elementary
design & swing
4,068,922 -
4,068,922
- (4,068,922) - -
Poe Elementary
design & swing
1,678,315 -
1,678,315
- (1,678,315) - -
Root Elementary
design
1,634,648 -
1,634,648
- (1,634,648) - -
Cary High
design
500,000 -
500,000
- - 500,000
Enloe High
design
630,493 -
630,493
- (630,493) - -
Smith Elementary
design
1,503,632 -
1,503,632
- (1,503,632) - -
Life-Cycle Replacement of Building Components
design & const.
-
Baileywick Elementary Re-Roofing
design & const.
218,903 -
218,903
- - - 218,903
Bugg Elementary Re-Roofing
design & const.
33,114 -
33,114
- - - 33,114
Fuquay Varina Middle Re-Roofing
design & const.
368,662 -
368,662
- - - 368,662
Jeffrey's Grove Re-Roofing
design & const.
218,022 -
218,022
- - - 218,022
Joyner Elementary Re-Roofing
design & const.
127,934 -
127,934
- - - 127,934
Poe Elementary Re-Roofing
design & const.
242,534 -
242,534
- - - 242,534
Root Elementary Re-Roofing
design & const.
139,070 -
139,070
- - - 139,070
Vandora Springs Elementary Re-Roofing
design & const.
228,484 -
228,484
- - - 228,484
West Cary Middle Re-Roofing
design & const.
153,577 -
153,577
- - - 153,577
York Elementary Re-Roofing
design & const.
87,652 -
87,652
- - - 87,652
Child Nutrition Warehouse
design
260,454 -
260,454
- - - 260,454
Assessment of Existing Facilities
assessment
531,443 -
531,443
- - - 531,443
Building Permits
building permits
731,319
731,319
(177,551) - - 553,768
Elementary 31
design & const.
-
-
- - 23,945,367 23,945,367
E 29
design & const.
-
-
- - 25,128,049 25,128,049
M 6
design & const.
-
-
- - 44,570,050 44,570,050
Bugg Elementary Start-Up
design & const.
-
-
- - 2,000,000 2,000,000
TOTAL $ 281,993,748 $ -
$ 281,993,748
$ - $ (66,092,618) $ 95,643,466 $ 311,544,595

Commissioner Coble stated the change to the CIP request was to build new schools, include life cycle components, but to hold off the conversion of elementary schools to year round schedules. He removed conversion of elementary schools to year round, removed mobile classroom relocation and leasing 2007 through 2009; removed East Millbrook Middle, Lynn Elementary, Martin Middle, Lacy Elementary, Poe Elementary, Root Elementary, Enloe High and Smith Elementary while adding Elementary School (31), Elementary (29), Middle (6) and an estimated $2 million for design work on Bugg Elementary. He pointed out that this would actually give the schools more funds than they requested in their first quarterly request by allocating approximately $311 million versus the $282 million in their request. He stated that it was all about school capacity. By providing additional capacity, it creates more choice for the families. He said the public has been asking the School Board to deal with what is perceived as mandatory assignment versus a voluntary program. He also stated that this would allow the Leesville campus to remain on a traditional system.

Commissioner Gardner seconded Commissioner Coble’s motion to amend the capital appropriation as stated for the Schools.

Mr. Michael Ferrell, County Attorney, said this action would amend the Schools CIP plan and is an amendment to Commissioner Webb’s motion. Commissioner Webb said at the work session the Attorney gave a legal interpretation about the Board of Commissioners’ role with the schools and he did not believe the Board of Commissioners should take this action based on that interpretation. Commissioner Coble stated that the year round school issue is a financial issue not just a policy issue and the Board of Commissioners can deal with the financial issues. Chairman Gurley stated that Commissioner Coble’s amendment would not change policy but would buy time for them to come up with an implementation plan. He said he has always been in favor of year round schools but only if it is voluntary. The public is being forced to go year round, which will make it fail. He did not believe the amendment would interferes with the schools plans.

Chairman Gurley asked Mr. Haydon if School staff could bring schools on sooner to achieve capacity. Mr. Haydon said this is comparing capacity needed in 6 months to capacity needed in 2-3 years. There would have to be an entirely new reassignment plan developed. Multiple sites will be brought to the Board but it will not be quick enough. A bar chart that shows what has been planned with start dates and completion dates was provided. There would be time needed to make this change.

Commissioner Ward said she understood parental concerns with the schedule but felt it was wrong to withhold the money from the schools. This action sets a precedence in withholding money and them trying to provide the seats in 2007. She stated she was not an advocate of mandatory year round schools but with 8000 new students this year something will have to be done to address the space issues

Mr. Ferrell said it is the Board of Commissioners responsibility to provide capital funds and school facilities. Year round schools and policy are supposed to be done by the Board of Education. The number of seats and safety of the students is the role of the Board of Commissioners and how it is done is the Board of Education’s responsibility. Commissioner Ward spoke in opposition of the amendment stating that the bond was voted on by the people and it was decided.

Commissioner Bryan spoke in support of the amendment to the motion. He stated that there is a deficiency in this plan. He spoke about the impact on families and noted the plan in the Apex area. There are valid concerns and other options need to be worked on. This plan impacts 10,000 students and their families. The public wants a better solution. Commissioner Ward asked if there was a time certain set on Commissioner Coble’s amendment. Commissioner Coble said most projects are included in his motion but this pushed some projects forward quicker for greater capacity. He stated that this was not putting a huge burden on the School Board but giving them more than they asked for in funding. Commissioner Webb stated said the bond issue passed and it included the conversion of schools to year round. The Board is morally obligated to support the schools.

Chairman Gurley stated that the bond does have money set aside for conversion to year round schedule. The bond has money to accommodate parents that want to do that voluntarily. The bond does not make it mandatory but the School Board is making it mandatory. There are additional possibilities such as the choice to opt out, make appeals to the School Board, and other things that he was told but have not been announced.
Commissioner Webb reread for the Commissioners Mr. Ferrell’s memo with the legal interpretation from the work session.

Commissioner Gardner said this Board worked with the Board of Education to jointly develop a plan and has been a part of what is done. He stated the School Board needs to evaluate what’s been heard from the public and adjust the plan because it will hurt the process the next time the boards need to go to the public for its support. He said the last meeting on December 20th was originally planned as a joint meeting but ended up with just staff, not board members, from the Board of Education. Commissioner Ward said they were not invited to a joint meeting.

Don Haydon said he was concerned about where to put 4000 new students if the schools are not converted because there is no where to put them. With this amendment, the money for mobiles will be removed. Chairman Gurley and Commissioner Gardner discussed the need to request a waiver on class size from the General Assembly. Commissioner Coble said he was not cutting out year round schools and did not remove any schools that would affect capacity but added three new schools. Year round schools can also be traditional schools.

Commissioner Coble stated that the School Board has told the citizens that they will have a choice. This action moves the solution for greater capacity up so it gives them the ability to offer choice.

Commissioner Brown said she has heard from citizens for and against mandatory year round schools but believes it should be the parents’ choice. She stated she took an oath of office on December 4, 2006 to support the people and the people voted positively on the bonds so she would not support withholding the funds from the schools.

Chairman Gurley called for a vote on the amendment offered by Commissioner Coble. The amendment passed with a four to three vote. Commissioners in favor of the amendment were: Joe Bryan, Paul Coble, Kenn Gardner, and Tony Gurley. Commissioners opposed to the amendment were: Lindy Brown, Harold Webb and Betty Lou Ward.

Chairman Gurley then called for a vote on the original motion with the amendment. The amended motion passed with a four to three vote. Commissioners in favor of the amended motion were: Joe Bryan, Paul Coble, Kenn Gardner, and Tony Gurley. Commissioners opposed to the amendment were: Lindy Brown, Harold Webb and Betty Lou Ward.



RESOLUTION R-2007-4

Approving CIP 2006 Plan of Record

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

WHEREAS, the voters of Wake County approved the issuance of $970 million in general obligation bonds that will be added to approximately $86 million cash funding to provide for $1.056 billion dollar CIP 2006 building program; and,

WHEREAS, the Board of Commissioners has in the past established a plan of record for specific school building programs by appropriating funds into an account for future specific appropriations.

NOW, THEREFORE, BE IT RESOLVED that the Wake County Board of Commissioners approves the CIP 2006 plan of record, appropriating $1,055,874,837 into an account for future specific project appropriations. The Board of Commissioners will continue to approve projects with each project appropriation presented to the Board of Commissioners for approval.


Adopted this the 8th day of January 2007.


RESOLUTION R-2007-5

Approving Appropriation of CIP 2006 Funding
for School Capital Building Projects


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

WHEREAS, the Wake County Board of Education has duly requested, through resolutions adopted on November 21, 2006, that the Board of Commissioners approve the appropriation of $281,993,748 and reallocation of $731,319 to the CIP 2006 Building Program; and,

WHEREAS, the Wake County Board of Commissioners approved the acceleration of funding to construct two elementary schools and one middle school and made other modifications,

NOW, THEREFORE, BE IT RESOLVED that the Wake County Board of Commissioners hereby appropriates $311,544,595 to fund the projects listed and in the amounts specified below:

CIP 2006 Appropriation & Reallocation
A
B
C
D
E
F
G=A+B+D+E+F
Project Description
Amount
Reallocation
BOE Requested Appropriation
Building Permit Adjustment
BOC Reduction
BOC Addition
Appropriation
2008 Opening River Bend Elem (19)
$ 19,584,080
$ (72,915)
$ 19,511,165
$ -
$ -
$ -
$ 19,511,165
2008 Opening Elementary (17)
336,674
-
336,674
-
-
-
336,674
2008 Opening Laurel Park Elem (26)
20,148,651
(70,138)
20,078,513
-
-
-
20,078,513
2008 Opening Elementary (22)
15,971,953
(74,079)
15,897,874
-
-
-
15,897,874
2008 Opening Banks Rd Elem (23)
21,232,716
(73,251)
21,159,465
-
-
-
21,159,465
2009 Opening Elementary (27)
2,160,424
2,160,424
-
-
-
2,160,424
2009 Opening Elementary (28)
2,160,424
-
2,160,424
-
-
-
2,160,424
2009 Opening Elementary (30)
2,160,424
-
2,160,424
-
-
-
2,160,424
2009 Opening Elementary (25)
2,160,424
-
2,160,424
-
-
-
2,160,424
2009 Opening Wendell Middle
2,925,805
-
2,925,805
-
-
-
2,925,805
2010 Opening Middle (9)
3,951,529
-
3,951,529
-
-
-
3,951,529
2010 Opening Middle (10)
3,951,529
-
3,951,529
-
-
-
3,951,529
2009 Opening Heritage High
56,321,991
(192,936)
56,129,055
-
-
-
56,129,055
2010 Opening High (6)
5,666,221
-
5,666,221
-
-
-
5,666,221
Land Purchase
20,579,176
-
20,579,176
-
-
-
20,579,176
9th Grade Centers
7,345,200
-
7,345,200
-
-
-
7,345,200
Wendell Middle & East Cary Conversion
472,760
-
472,760
-
-
-
472,760
Conversion of Elem. Schools to Year Round
3,450,000
-
3,450,000
-
(3,450,000)
-
-
Mobile Classroom Relocation and Leasing, 2007 thru 2009
3,788,700
-
3,788,700
-
(3,788,700)
-
-
Offsite Improvements at New Schools
3,487,186
-
3,487,186
-
-
-
3,487,186
Aversboro Elementary
20,158,544
(70,449)
20,088,095
-
-
-
20,088,095
East Millbrook Middle
27,518,813
(103,652)
27,415,161
103,652
(27,518,813)
-
-
East Wake High
2,015,569
-
2,015,569
-
-
-
2,015,569
Lynn Elementary
20,965,106
(73,899)
20,891,207
73,899
(20,965,106)
-
-
Martin Middle
853,989
-
853,989
-
(853,989)
-
-
Lacy Elementary
4,068,922
-
4,068,922
-
(4,068,922)
-
-
Poe Elementary
1,678,315
-
1,678,315
-
(1,678,315)
-
-
Root Elementary
1,634,648
-
1,634,648
-
(1,634,648)
-
-
Cary High
500,000
-
500,000
-
-
500,000
Enloe High
630,493
-
630,493
-
(630,493)
-
-
Smith Elementary
1,503,632
-
1,503,632
-
(1,503,632)
-
-
Life-Cycle Replacement of Building Components
-
Baileywick Elementary Re-Roofing
218,903
-
218,903
-
-
-
218,903
Bugg Elementary Re-Roofing
33,114
-
33,114
-
-
-
33,114
Fuquay Varina Middle Re-Roofing
368,662
-
368,662
-
-
-
368,662
Jeffrey's Grove Re-Roofing
218,022
-
218,022
-
-
-
218,022
Joyner Elementary Re-Roofing
127,934
-
127,934
-
-
-
127,934
Poe Elementary Re-Roofing
242,534
-
242,534
-
-
-
242,534
Root Elementary Re-Roofing
139,070
-
139,070
-
-
-
139,070
Vandora Springs Elementary Re-Roofing
228,484
-
228,484
-
-
-
228,484
West Cary Middle Re-Roofing
153,577
-
153,577
-
-
-
153,577
York Elementary Re-Roofing
87,652
-
87,652
-
-
-
87,652
Child Nutrition Warehouse
260,454
-
260,454
-
-
-
260,454
Assessment of Existing Facilities
531,443
-
531,443
-
-
-
531,443
Building Permits
731,319
731,319
(177,551)
-
-
553,768
Elementary 31
-
-
-
-
23,945,367
23,945,367
E 29
-
-
-
-
25,128,049
25,128,049
M 6
-
-
-
-
44,570,050
44,570,050
Bugg Elementary Start-Up
-
-
-
-
2,000,000
2,000,000
TOTAL
$ 281,993,748
$ -
$ 281,993,748
$ -
$ (66,092,618)
$ 95,643,466
$ 311,544,595
******************

LAND ACQUISITION FOR AN ELEMENTARY SCHOOL IN NORTHEAST RALEIGH

Robert Hinson presented a request for $2,494,800 for the Board of Education to purchase a 25.77 acre site for development of the River Bend Elementary (E-19) school. The site is located in a Planned Design Development (PDD) named 5401 development which has been approved by the Raleigh Planning Commission and will go to City Council tomorrow. The developer has also agreed to build two lanes of a future four-lane Perry Creek Road connection through the Wake Technical Community College (WTCC) North Campus, with an arrangement with WTCC for reimbursement at such time in the future. The purpose of this extension is to provide the elementary school site with an additional road access to the north via Perry Creek Road to Capital Boulevard.

During the due diligence phase, the developer and staff of WCPSS and WTCC have worked through preliminary planning and design of the elementary school and future development opportunities of WTCC. The site now proposed for acquisition totals 20.79 acres at the original $120,000 per acre, resulting in a revised total purchase price of $2,494,800. Additionally, WCPSS and WTCC propose a partnership that will be in the best interest of both agencies. The partnership includes a land exchange of 3.26 acres of the proposed 20.79 acres between WCPSS and WTCC. This exchange will allow the site to better accommodate the construction of a safe vehicular access for the school and for future WTCC development. WCPSS and WTCC also agree to the development of a future Joint Use Agreement for the use of the school access and utility extensions.

On November 17, 2006 the Buildings and Grounds committee for the WTCC Board of Trustees approved the land exchange and entering into a Joint Use Agreement with WCPSS. The entire WTCC Board of Trustees formally approved the land exchange at their December 19, 2006.

Upon motion by Commissioner Bryan, seconded by Commissioner Coble, the Board of Commissioners voted unanimously to 1) approve the request from the Board of Education to purchase 20.79 acres of land from Commercial Properties Realty Trust, LLC in the amount of $2,494,800 for the purpose of constructing an elementary school (E-19 River Bend Elementary) and 2) authorize staff to finalize an Inter-Local Agreement for approval by the Wake Technical Community College, Wake County and Wake County Board of Education for the exchange of land and future joint use of school infrastructure.
******************

TOWN OF APEX EXTRA-TERRITORIAL JURISDICTION EXTENSION REQUEST

Melanie Wilson, Director of Wake County Planning, said that on June 6, 2006, the County received a request by the Town of Apex for extension of their extraterritorial jurisdiction. The request includes approximately 13,000 acres of land, which lies north, west, south and southeast of town adjacent to Apex’s ETJ and within its Short-Range and Long-Range Urban Services Areas. The property is in the Southwest Wake Land Use Plan. The next Southwest meeting will be January 25 in the Town of Apex from 6pm to 8pm. The town’s population qualifies them to request up to 3 miles. This ETJ has been in place since 1959. The municipality has asked for the Board to send to the Planning Board for review as the first step in the process.

There will be public meetings so people that live in the area may have input. Staff will make a recommendation on the extension of extraterritorial jurisdiction following the public input. Planning staff will send out notification to the public about the boundary change request.

Upon motion by Commissioner Ward, seconded by Commissioner Webb, the Board of Commissioners voted unanimously to refer the request from the Town of Apex for extension of its extraterritorial jurisdiction to the Planning Board and staff for review and recommendation.
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INTERLOCAL AGREEMENT WITH THE TOWN OF MORRISVILLE
FOR THE OPERATIONS AND MANAGEMENT OF CEDAR FORK DISTRICT PARK

Tim Maloney said that Cedar Fork District Park is a 35-acre park located on Aviation parkway in Cary. It was developed as a part of the Crabtree Creek project. The Inter-Local Agreement is requested for the Town of Morrisville for the operations and management of Cedar Fork District Park. The County issued a request for proposal to multiple agencies. Criteria for evaluation of the proposals included experience in providing recreation services; experience in maintaining recreation facilities; available resources to implement capital improvements; the variety of programs proposed for the facility and projected number of users. Staff recommended to begin negotiations with the Town of Morrisville and finally recommended a 25 year agreement.

Key terms and conditions:

1) The initial term of the agreement shall commence on January 1, 2007 and shall end twenty-five (25) years from the date of execution.
2) The County agrees to rent the property to the Town for One Dollar ($1.00) for the initial term of the Agreement.
3) The County will assign to the Town, administrative control and management of the property for all operations, scheduling, maintenance, and capital improvements as it relates to public recreation at the facility.
4) The Town agrees to enter into a multi-year agreement with CASL, reserving certain active play fields and times for use by CASL programs.
5) The Town agrees to reserve time for active play field use by the general public and user groups outside of Town programs.
6) The Town may make any enhancements, modifications, renovations, or new construction on the property for public recreational purposes.
7) The Town agrees that any proposed enhancements, modifications, renovations, or new construction on the property is subject to review and approval by the County.

At the conclusion of the initial twenty-five (25) year term, the County and Town may negotiate in good faith to continue or extend the Agreement under mutually agreeable terms and conditions. Attached for review is a site map of the park.

Upon motion by Commissioner Ward, seconded by Commissioner Webb, the Board of Commissioners voted unanimously to approve the Interlocal Agreement with the town of Morrisville for the operations and management of Cedar Fork District Park consistent with the key principles summarized above; and further, authorize the County Manager to execute the Interlocal Agreement on behalf of Wake County. Terms and conditions are subject to review and acceptance by the County Attorney.

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ACQUISITION OF TWO OPEN SPACE TRACTS IN
MARKS CREEK FROM POOR BOY FARMS, INC.

Mr. Mark Edmondson reported that as part of the priority preservation area, 4,400 acres of land has been identified for acquisition in Phase I.

This acquisition request involves two parcels owned by Poor Boy Farms. A condition of this request is that both parcels must be acquired by Wake County at the same time. These tracts contain 95.21 and 52.05 acres, respectively.

Tract one (95.21 acres) is directly adjacent to Marks Creek and Lake Myra and is one of the priority parcels on the original Marks Creek Map. The sales price of Tract 1 is the appraised price of $25,500 per acre, giving a total appraised value of $2,427,855. Tract 1 has public access via Amberstone Drive, which is a 50 foot public right of way as shown on Book of Maps 1995, Page 1388, Wake County Registry. However, the County's ability to utilize this access is compromised by a small portion of a farm pond located on the subject parcel. Based on a preliminary engineering assessment it appears the most reasonable solution involves filling the section of the pond that is currently impeding access. County staff has commissioned a report from Sungate Design that estimates the cost for constructing a public access in the vicinity of the pond to be $58,646. The appraisal report by C.P. Shaw, M.A.I. made reference to the Amberstone Drive access, but was not specific as to how potential construction costs would affect his appraised price. Staff recently received an explanatory letter from Mr. Shaw saying that these construction costs would not change his estimate of the property's value.

Tract 2 (52.05 acres) is located within the boundaries of the Marks Creek watershed and contains two tributaries that feed directly into Marks Creek and eventually into the Neuse River. Wake County's Land Acquisition Review Committee (LARC) previously recognized the tract as helping to meet preservation goals for water quality and to the protection of Wake County’s open space and wildlife habitat. It is anticipated that this tract will help provide connectivity between the recently purchased Lake Myra tract and the previously purchased Williamson tract. The sale price of this 52.05 ac. tract is the appraised value of $20,969 per acre, giving a total sales price of $1,091,436. Access road issues with this parcel have been resolved by the owner with a reciprocal easement agreement that has been reviewed and approved by the County Attorney.

The Open Space Acquisition and Parks Advisory Committee (OSAPAC) has also recommended the Board of Commissioners approve both tracts for acquisition, adding to LARC's previous condition on Tract 2 by stating that the County "use the property to leverage future partnership's open space acquisitions".

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

1) Authorize the County Manager to execute a purchase agreement for both Poor Boy Farms tracts for a price of $2,427,855 and $1,091,436, respectively, subject to terms and conditions acceptable to the County Attorney.

2) Authorize the County Attorney to negotiate specific language to insure the ability to construct appropriate public access roads to both parcels.

3) Authorize the inclusion of conditions suggested above by LARC and OSAPAC in the purchase agreement.
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PARTNERSHIP AGREEMENT
WITH THE TOWN OF HOLLY SPRINGS
FOR THE ACQUISITION OF 8.97 ACRES OF OPEN SPACE

Mr. Mark Edmondson stated this request was from the Town of Holly Springs for the County’s participation in a fee simple purchase of a8.97 acre site located on the southern shores of Bass Lake. Staff has been working with the Town of Holly Springs on this project. With the acquisition of this site over 1700’ of Bass Lake shoreline will be protected.

This parcel represents one of two remaining undeveloped parcels that would be suitable to help create a regional town park in this area. E. Cody Jetton, M.A.I., has appraised the subject property and estimates the value of as $1,030,000. The Trust for Public Land (TPL) has negotiated a purchase price of $897,000 for 8.97 acres. This price is $100,000 per acre, which is 87% of per acre-appraised value of $114,500. Holly Springs is asking for 50% of the purchase price, which equates to approximately $450,000. This request does meet the Board adopted criteria for Open Space Partnerships (copy attached).
Upon motion by Commissioner Bryan, seconded by Commissioner Gardner, the Board of Commissioners voted unanimously to authorize the County Manager to execute the County's Standard Open Space Partnership Agreement with the Town of Holly Springs for Wake County to provide approximately $450,000 for the acquisition of 8.97 acres of Open Space. Terms and conditions of the agreement are to be acceptable to the County Attorney and further to approve the attached budget revision in the amount of $450,000.
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BOARD OF COMMISSIONERS’ STATE LEGISLATIVE AGENDA FOR 2007

Ms. Jennifer Willis presented a proposal for Wake County’s legislative items for the State’s Legislative agenda. She stated partnerships are a theme with this legislative agenda.

Commissioner Gardner suggested the Board the request a waiver on class size for Wake County from 23 to 21 because it was a tremendous burden for the County.
BW recommended a review of the secondhand smoke policy.

Chairman Gurley asked for clarification to pursue the authority for the public to vote on increasing the local action sales tax. Commissioner Bryan suggested adding the increase in the Homestead exemption for seniors and changing the voting districts for school board members. He stated their districts should follow the commissioners’ districts and also have to be elected countywide. Commissioner Webb expressed opposition to this suggestion.

Commissioner Gardner said the School Board is looking at requesting independent taxing authority so they should be elected countywide like county commissioners. Mr. Ferrell said this would require a local bill.

Commissioner Ward also asked that this Board revisit the smoking policy for the Wake County facilities.

Commissioner Coble discussed Triangle Transit Authority (TTA) and its authorization to use tax revenues (that were dedicated to rail system) for transportation and mobility projects other than rail transit. Commissioner Ward suggested holding off on this request and give the new director a chance to look at the alternatives. Commissioner Coble agreed.

Motion by Commissioner Bryan, seconded by Commissioner Ward, that the Board of Commissioners approve Wake County’s legislative agenda for the 2007 session of the North Carolina General Assembly with the addition of three items; to increase Homestead exemption for seniors, to give Wake County a waiver of class size, and authority to have public vote on the local option sales tax.

Motion was made by Commissioner Coble, seconded by Commissioner Bryan, the Board voted five to two to change the method of election of Board of Education members to being elected countywide. Commissioners in favor of the motion were: Joe Bryan, Paul Coble, Kenn Gardner, Tony Gurley, and Betty Lou Ward. Commissioners Brown and Webb were opposed to the motion.
The following is a list of the legislative agenda as amended by the Board following discussion.
2007 State Legislative Agenda
Wake County Board of Commissioners

I. Top Priorities for Wake County

Recommendations from the Blue Ribbon Committee on the Future of Wake County
In December 2005, the Wake County Board of Commissioners established the Blue Ribbon Committee on the Future of Wake County to examine the capital needs of meeting projected growth over the next 25 years and to recommend funding strategies to meet those needs. This committee, comprised of 65 business and community leaders, met monthly in seven work groups to review existing infrastructure plans and identify funding gaps. The committee issued its inaugural report to the Board of Commissioners in July 2006, and several recommendations were championed by the Wake County delegation and addressed by the state legislature in the 2006 Short Session. These included legislation allowing capital lease financing for public schools (Senate Bill 2009), and converting a portion of I-540 in Wake and Durham Counties to a toll facility with regional MPO approval, and keeping revenues generated from that toll in the region (Senate Bill 1381). Additional committee recommendations that require legislative approval, and which Wake County supports include the following:

1. Revenue Strategies
o Pursue legislation allowing the County to hold a referendum on levying a local option sales tax of up to 1%, with dedicated to public school construction and dedicated to transportation needs. Supported by the Greater Raleigh Chamber of Commerce.

2. Transportation Strategies
o Modernize the funding formula so that areas with higher traffic demands/congestion problems and gas tax revenues receive a larger distribution of the state and federal funding. Supported by the Greater Raleigh Chamber of Commerce, Regional Transportation Alliance, Triangle J Council of Governments, and Joint Capital Area Metropolitan Planning Organization and Durham-Chapel Hill-Carrboro Metropolitan Planning Organization.

o Permanently end state Highway Trust Fund transfers to the state general fund. Supported by the Greater Raleigh Chamber of Commerce, Regional Transportation Alliance, Triangle J Council of Governments, and Joint Capital Area Metropolitan Planning Organization and Durham-Chapel Hill-Carrboro Metropolitan Planning Organization.

3. Education Strategies
o Support legislation to raise the cap on charter schools (at least in Wake County) to help reduce the capital needs of local education agencies. Supported by the Greater Raleigh Chamber of Commerce.

4. Criminal Justice Strategies
o Support funding the increased costs for judges and appropriate support staff to handle the ever-growing needs for efficient and fair adjudication. Supported by the Greater Raleigh Chamber of Commerce.
o
II. Legislative Recommendations from Wake County
Several issues from the County’s 2006 legislative agenda are again requested for consideration in the 2007 Long Session. They include:


1. Medicaid Relief
Support permanent Medicaid relief for Counties and oppose proposals that recommend swapping local sales taxes for the state to take over the county share of Medicaid.

2. Lottery Formula
Support proposals to change the School Capital Construction formula in the State Lottery Act to provide for distribution of all funds based on average daily membership.

In addition, the county researched a number of topics during the interim and developed issue papers that were shared, or are planned to be shared with the local delegation and other local government officials. These issue papers identified dated legislation that, if changed, would result in savings to the taxpayers of Wake County. The following issues are submitted for consideration:


3. Sales Tax Adjustment Factor
Re-evaluate the sales tax distribution adjustment factor in G.S. 105-486(b) enacted in 1987 to change how local option sales taxes were distributed to counties. Given recent changes in the definition of point of sale from “origin” to “destination”, the need for the adjustment factor should have been repealed.

4. Register of Deeds’ Supplemental Pension Fund
Reduce the statutorily required County contribution to the Register of Deeds Supplemental Pension Fund (G.S. 161-50.2). The fund is currently running a surplus. Reducing the required contribution level (currently 4.5% of fees collected, excluding deed stamp tax), would allow counties to retain register of deeds’ revenues that would otherwise be transferred to the state. Also included in the NC Association of County Commissioners legislative goals.

Other Issues:


5. Wake/Franklin County Boundary Line
As development has increased along the Wake/Franklin County line, there has been confusion over the actual location of the line, specifically regarding the Richland Hills subdivision. This subdivision is in Wake Forest’s corporate limits, and four lots were platted as though they were all or partially in Wake County; however, the United States Geological Survey (USGS) identified line showed the lots to be in Franklin County. Both the Wake County and Franklin County Boards of Commission have requested that the State and County Boundaries Surveyor locate the line in accordance with the 1992 line located on USGS maps, with the exception of locating four disputed lots in the Richland Hills subdivision in Wake County. Once this is accomplished, it is the expectation that both Boards will submit a local bill request to effectuate this change. Since this requires that the County line be slightly altered, the new line must be approved by the General Assembly.


6. Classroom-Size Reduction Waiver
Seek legislation that would provide waivers for fast-growing counties in meeting classroom-size reduction requirements.

7. Election of Local School Boards
Seek local legislation that would require school members to be elected at large, rather than by districts.

8. Homestead Exemption for Seniors
Seek legislation to give counties the authority to change the criteria by which persons at least 65 years of age are eligible for ad valorem property tax relief. To currently be eligible for tax relief, a person must be at least 65 years of age or totally and permanently disabled, and their total income from all sources must not exceed $20,500. The 2001 legislation provided for the income level to increase each year based upon inflation as defined by the social security index. If qualified, a property owner is entitled to a $20,000 property value reduction, or 50% property value reduction, whichever is greater. There are approximately 1,900 properties in Wake County that receive the special homestead exemption.

III. Recommendations from Partner Organizations that Wake County Supports:

The following initiatives have been considered and recommended by a number of state and local associations for inclusion in their 2007 legislative agenda. These organizations include the Greater Raleigh Chamber of Commerce (GRCC), North Carolina Association of County Commissioners (NCACC), North Carolina Association of County Directors of Social Services (NCACDSS), North Carolina Association of Local Health Directors (NCALHD), North Carolina School Boards Association (NCSBA), Regional Transportation Alliance (RTA), Triangle J Council of Governments (TJCOG), and Wake County Human Services Board (WCHSB). Wake County supports the following issues.


1. Request that the North Carolina Department of Transportation provide gap funding for new toll road construction (GRCC, RTA).
2. Seek legislation to allow all counties to enact any or all of several revenue options from among those that have already been authorized for any other county, including local option sales taxes, impact fees and real estate transfer taxes (NCACC, TJCOG).
3. Support legislation to allow, but not require, investing assets for other post-employment benefits (OPEB) similar to retirement funds (NCACC).
4. Support legislation to exempt counties, cities, school boards and community colleges from payment of state and local sales taxes on purchases within North Carolina. The legislation shall contain a provision permitting the state to repay the last refund over a multi-year period to minimize state budget impacts. Alternatively, the Association will support legislation to restore public schools’ access to state sales tax refunds (NCACC, NCSBA).
5. Support additional state funds for child care to eliminate the daycare waiting list (NCACC, WCHSB).
6. Request adjustment of the state formula to increase Wake County’s share of state child day care allocations (WCHSB).
7. Support continued and expanded funding for Medicaid and NC Health Choice for pregnant women; infants, children and teens; adults of child-bearing age; and families with young children (WCHSB).
8. Support legislation that prohibits health insurers from refusing to accept assignment of benefits (NCACC).
9. Support state funding for the Health Information System and the NC FAST automation initiative in social services (NCACC, NCALHD, NCACDSS).
10. Support legislation to provide greater discretion at the county level to establish fees for the inspection of food and lodging facilities (NCACC, NCALHD, WCHSB).
11. Support additional appropriations to add school health personnel in all counties so that each school system reaches a nurse/student ratio of 1/750 (NCACC, WCHSB).
12. Support elimination of health hazards of second hand smoke by providing local governments and Boards of Trustees of Community Colleges the option of designating their buildings/campuses smoke free (NCACC, WCHSB).
13. Support creation of a state earned income tax credit for low-income citizens (WCHSB).


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BOARD OF COMMISSIONERS’ FEDERAL LEGISLATIVE AGENDA FOR 2007

Ms. Jennifer Willis submitted a proposal for Wake County’s Federal Legislative Agenda for 2007.

Motion by Commissioner Gardner, seconded by Commissioner Brown, the Board of Commissioners voted unanimously that the Board of Commissioners approve Wake County’s federal legislative agenda for 2007 with the addition of the Upper Neuse River Basin water quality project which is in partnership with Orange and Durham counties.




WAKE COUNTY, NORTH CAROLINA
PROPOSED 2007 (FY 2008) FEDERAL AGENDA

Appropriations Requests
Department
PROJECT
DESCRIPTION
FUNDING NEEDED
AMOUNT OF POTENTIAL REQUEST
POTENTIAL FUNDING SOURCE
NOTES
Environmental ServicesRTP Wastewater Management ProjectFacility to process reclaimed waste by biopharmaceutical companies in the Research Triangle Park $3 million$3 millionInterior Appropriations bill under the EPA’s State and Tribal Assistance Grants (STAG) Town of Cary will jointly support this request
Human ServicesCommunity-based Mental Health Care FacilityDevelopment of a facility to treat the mentally ill as part of the creation of an area-wide continuum of care$1 million$1 millionLabor-Health and Human Services-Education Appropriations under the Health Resources and Services Administration’s Construction and Renovation of Health Care Facilities ProgramEmphasis to be placed on creation of a mental health network, with this facility as a part
Parks and RecreationSwift Creek GreenwayConstruction of a greenway system for recreation, water quality protection, and traffic mitigation. $1 million$800,000Transportation-Housing Appropriations bill under DOT / Surface Transportation Programs or Transportation and Community and System Preservation (TCSP) ProgramCan only seek 80% of project cost
Environmental ServicesNorth Wake Landfill Environmental Education CenterConstruction of an environmental education center to teach the community proper land stewardship$1 million$500,000Transportation-Housing Appropriations bill under HUD/ EDIVery competitive account. Must only submit 1 EDI request. Rep. Miller supported this in FY07
Human ServicesPartnership for Education SuccessSeek funds to conduct an performance evaluation of this partnership program between Human Services and Wake County Public School System $1 million$1 millionLabor-HHS-Education Appropriations bill under the Department of Education’s Fund for the Improvement of EducationSeek to engage Human Services Board in lobbying effort
Public Safety800MHz Base Infrastructure ExpansionExpansion of Interoperable Radio Communication System Access $750,000$750,000Commerce-Justice-State Appropriations bill under the Department of Justice’s COPS Law Enforcement Technology Program and Homeland Security Appropriations bill, under Interoperable CommunicationsRequest that City of Raleigh support project

Other Funding Opportunities
Project
Description
Funding Needed
Potential Funding Source
Marks CreekAcquisition and preservation of properties located in the County’s preservation area for use as open space conservation and recreational areas.$1 millionReauthorization of Farm Bill, discussions about which should commence in the fall 2006
Jordan LakePermitting, planning, and design of Regional Water Reclamation and Reuse Facilities. Joint request from Wake County, Durham County, and the Town of Cary. $4.7 millionU.S. Department of Commerce/Economic Development Administration (EDA) – Public Works Program or U.S. Department of Agriculture/Community Facilities Program
Collaborative Stormwater Management ProgramMulti-jurisdictional effort to improve water quality through stormwater management$600,000U.S. Department of Commerce/Economic Development Administration (EDA) – Public Works Program
Regional Wastewater Management ProgramFinal design for a regional wastewater management facility$2.75 millionU.S. Department of Commerce/Economic Development Administration (EDA) – Public Works Program
Southeastern Wake County Open Space/Park400 acre regional park, featuring rare animals and natural views $500,000U.S. Department of the Interior/National Park Service
Historic Yates Mill County ParkOutdoor park featuring an amphitheater, milldam, and walking trails $500,000 U.S. Department of the Interior/National Park Service or U.S. Department of Housing and Urban Development/Community Planning and Development/Economic Development Initiative Competitive Grant Program
Law Enforcement Training FacilityJoint development of a law enforcement training facility with the City of Raleigh $1 millionTBD



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APPROVAL OF BOARD OF COMMISSIONERS’ 2007 RETREAT AGENDA

Mr. Cooke said the retreat is planned for January 26 and 27th, 2007. The session on Friday will be all day and will be held at the Cameron Village Library conference room. The agenda for the retreat was in this Agenda Package which included Board of Commissioners Rules of Procedure and last year’s goals along with any new goals the Board may like to add to the list. The half day on Saturday will be held at the Cattails Restaurant and meeting facility at the Five County Stadium. Staff will model capital plans for next fall. Commissioner Webb asked to have projections for hotel/motel tax included in the information for commissioners.

Motion by Commissioner Ward, seconded by Commissioner Gardner, the Board voted unanimously to approve the retreat agenda as presented.
Friday, January 26, 2007

Location: Tentative – Cameron Village Library

9:00 a.m. Arrive

9:30 a.m. Overview of Retreat/Introduce Facilitator

9:45 a.m. Board of Commissioners Rules and Procedures
Review current rules and procedures
Reach consensus on a set of rules and procedures

10:30 a.m. Break

10:45 a.m. Update on 2006 Commissioners Goals

Noon Lunch

1:30 p.m. Discussion of Goals for 2007
What would each board member like to accomplish in 2007?

3:00 p.m. Break

3:15 p.m. Discussion and Prioritization of 2007 Goals

5:30 p.m. Break for the Day

Saturday, January 27, 2007

Location: Tentative – Cattails Restaurant at Five County Stadium

9:00 a.m. Financial/Budget Update

10:30 a.m. Break

10:45 a.m. Financial/Budget Update - continued

Noon Adjourn
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APPOINTMENT OF THE 2007 BOARD OF EQUALIZATION AND REVIEW

Mr. Emmett Curl explained the role of the Board of Equalization and Review and stated there should only be one to two days of hearings this year.

WAKE COUNTY BOARD OF COMMISSIONERS
JANUARY 8, 2007
R-2007-6

RESOLUTION OF WAKE COUNTY BOARD OF COMMISSIONERS APPOINTING A SPECIAL BOARD OF EQUALIZATION AND REVIEW

WHEREAS, the duties of the Board of Equalization and Review require the Commissioners or a special appointed Board to hear all appeals of value and listing appeals during each calendar year.

WHEREAS, N.C.G.S. authorizes boards of county commissioners to appoint a special Board of Equalization and Review to carry out the duties imposed under that section, and

WHEREAS, the quantity of appeals to the 2007 Wake County Board of Equalization and Review makes it impractical for members of the Board of Commissioners to perform such duties.

THEREFORE, BE IT RESOLVED that the Wake County Board of Commissioners appoint a special Board of Equalization and Review in accordance with the terms of resolution to carry out that Board’s statutory duty.

All members of the Wake County Board of Equalization and Review shall be citizens and residents of Wake County, North Carolina, and shall be at least 18 years of age, such members shall serve until adjournment of the 2007 Board of Equalization and Review. Any vacancies on the Board of Equalization and Review will be filled by appointment of the Wake County Board of Commissioners sitting in regular session.

THEREFORE, BE IT RESOLVED that the Wake County Board of Commissioners hereby appoints the following as members of the 2007 Wake County Board of Equalization and Review:

John Converse , who shall serve as Chairman

___________Merrie Hedrick _________, who shall serve as Vice Chairman

___________Stewart Adcock ________, who shall serve as Regular Member

___________Herb Council___________, who shall serve as Regular Member

___________Phil Jeffreys ____ ______, who shall serve as Regular Member

___________Robert Heater ______ ___, who shall serve as Alternate Member

___________Yevonne Brannon __ ____, who shall serve as Alternate Member

___________Betty Ann Knudsen __ ___, who shall serve as Alternate Member

___________Elizabeth Cofield _____ __, who shall serve as Alternate Member


THEREFORE, BE IT RESOLVED that Wake County shall pay each member $30.00 per hour for time served on this board.


This motion was made by Commissioner Ward and seconded by Commissioner Bryan, and passed by _unanimous_____ vote of the Wake County Board of Commissioners on this __8th______ day of _January_______2007.

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APPOINTMENT OF LEGISLATIVE LIAISON TO THE
NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS

Commissioner Coble nominated Joe Bryan as Legislative Liaison. Chairman Gurley stated as Chairperson he would be receiving the same information as the Legislative Liaison so he would be glad to serve both roles in keeping the commissioners informed of North Carolina Association of County Commissioners (NCACC) matters. Commissioner Coble withdrew his nomination based on Chairman Gurley’s comments.

Chairman Gurley will serve as NCACC Legislative Liaison.
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APPOINTMENTS

a.Holly Springs Board of Adjustment

Commissioner Ward nominated David Phipps to Holly Springs Board of Adjustment to fill a term which expires December 31, 2007 as an alternate extraterritorial member.
b.Juvenile Crime Prevention Council

Commissioner Ward nominated Mary Ellen Anders, Tony Cancel, Victoria D. Curtis, Julie Nau, Beth Nelson, Regina Petteway, Robert L. Rossi, Virginia “Ginny” Satterfield, and Amy Guy Fitzhugh for reappointment to the Juvenile Crime Prevention Council with a term which expires January 31, 2009.

Commissioner Ward also nominated Dewey Brinkley (Defense Attorney), Felicia Lucas (Parks & Recreation), Tim Montgomery (Chief Court Counselor), Captain Terrie Hardy (Chief of Police/Designee) and Brian Gossage (Member of Business Community) to a term which expires January 31, 2009.

Commissioner Coble nominated Russell Dubisky (at-large) to a term which expires January 31, 2009.
c.Rolesville Planning and Zoning Board

Commissioner Gardner nominated Michelle Wester as an ETJ member on the Rolesville Planning and Zoning Board with a term which expires December 31, 2010.
d.Wake County Council on Fitness and Health

Commissioner Ward nominated Kymm Ballard, Donna Gregory, Jennifer MacDougall, Phyllis Rollins and Duane Ross for reappointment to the Wake County Council on Fitness and Health to a term which expires November 30, 2008.

Commissioner Ward nominated Marjorie Garner and Ann Hulslander to the Wake County Council on Fitness and Health to a term which expires November 30, 2008.
e.Wake County Fire Commission

Commissioner Coble nominated Wayne Sherrod, as President of the Firemen’s Association, to the Wake County Fire Commission with a term which expires October 31, 2008.
f.Wake County Nursing Home Community Advisory Committee

Commissioner Ward made nominations to the Wake County Nursing Home Community Advisory Committee as follows:

Reappointments
Camilla Black (term expires January 31, 2008)
Ann Tatem (term expires January 31, 2008)
Suzi Bowden (term expires January 31, 2010)
Sally Houlder (term expires January 31, 2010)
Margaret McCormack (term expires January 31, 2010)
Jane Nelson (term expires January 31, 2010)
Helen Savage (term expires May 31, 2009)
Connie Sweeney (term expires January 31, 2010)
Virginia Tally (term expires January 31, 2010)

Appointment
Toni Alford (term expires January 31, 2008)

Following nominations, Commissioner Gardner motioned, seconded by Commissioner Bryan, the Board of Commissioners voted unanimously to accept nominations by acclamation.
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Committee Reports

There were no committee reports made at this meeting.
Other Business

Commissioner Ward reminded the Board that she wanted this Board to give serious consideration on how to handle secondhand smoke in county facilities.

Chairman Gurley stated that county officials would be making presentations to the three rating agencies for the School bonds in two weeks.
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Mr. Michael Ferrell stated the Board needed to go into closed session under the authorization of General Statute 143-318.11(a)(5) for acquisition of property.

General Statute 143-318.11(a)(5) To establish, or to instruct the public body's staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating (i) the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange, or lease.

Upon motion by Commissioner Coble, seconded by Commissioner Ward, the Board voted unanimously to go into closed session as sited by the County Attorney.

Chairman Gurley called the meeting back to order.

Commissioner Ward motioned, seconded by Commissioner Brown, the Board voted unanimously to return to open session.

Commissioner Ward motioned, seconded by Commissioner Brown, the Board of Commissioners voted unanimously to rescind actions taken on October 3, 2005 and November 21, 2005 to direct staff to purchase property the Mitchell and Hice tracts and return the appropriated funds for these transactions back into the Open Space Fund.

Commissioner Ward motioned, seconded by Commissioner Webb, the Board of Commissioners voted unanimously to approve the acquisition of approximately 13.455 acres from Raymond P. Perry and Cheryl Perry Smith. As compensation, the County will exchange to the Sellers approximately 12.056 acres of County-owned surplus property and payment in the amount of $50,000 to facilitate an equitable exchange. The exchange of County property shall be in accordance with NCGS 160A-271; and further to approve an agricultural lease for $1.00 per year for a period of no less than 5 years with Raymond P. Perry and Cheryl Perry Smith as a part of the consideration for the purchase of 13.455 acres.

Commissioner Ward motioned, seconded by Commissioner Gardner, the Board voted unanimously to adjourn the meeting at 7:10 p.m.

Respectfully submitted,


Susan J. Banks, CMC
Clerk to the Board
Wake County Board of Commissioners