The Wake County Board of Commissioners met in regular session Monday, June 4,
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; Betty Lou Ward; and Harold Webb. Chairman Tony Gurley was absent
Others attending were the County Manager, David C. Cooke; the Deputy County
Attorney, Mr. Scott Warren; and the Clerk to the Board, Mrs. Susan Banks.
Vice Chairman Paul Coble, Acting Chairman, called the meeting to order.
PLEDGE OF ALLEGIANCE
Commissioner Joe Bryan offered the invocation.
APPROVAL OF AGENDA
Acting Chairman Coble asked for approval of the agenda with the requested addition from the Board of Education for a first reading of a land acquisition request for schools E-31 and M-12 in the Garner area.
Commissioner Gardner motioned to move the land acquisitions for schools E-32 in Apex and E-34 in the Wendell area that are on the regular agenda to the consent agenda since it is the second reading of each item. Motion seconded by Commissioner Coble and was unanimously approved.
Upon motion by Commissioner Bryan, seconded by Commissioner Brown, the Board unanimously voted to approve the agenda for the June 4th, 2007 meeting as amended.
Upon motion of Commissioner Ward, seconded by Commissioner Gardner, the Board unanimously approved the Minutes of May 14, 16 and 21, 2007.
PRESENTATION OF THE 2007
WAKE COUNTY PUBLIC LIBRARIES MASTER PLAN
Mr. Tom Moore, Library Director, thanked county staff including library and budgeting staff for their assistance in preparing the 2007 Libraries Master Plan. Mr. Robert Cooney, Chairman of Library Commission, presented the 2007 Library Master Plan. Mr. Cooney explained the process they went through for the master plan including several opportunities for public participation, reviewing assessments and core beliefs of the library system and benchmarking. He provided a summary of their findings and recommendations for taking the library system forward.
Service Priorities of the Libraries
One: Services to Children
Two: Recreational Reading
Three: Lifelong Learning
Four: Center of Community
Five: Bridging the Technology Gap
Mr. Cooney said there are no major changes in the master plan since it was originally presented to the Board. They have just refined the focus such as priorities of books, reading and children. Security has become more of an issue in these current times. The book collection is aging. The capital improvement plan is part of the master plan. They evaluated 13 potential projects based on the methodology:
1. Cary Branch Library Replacement Regional
Prioritized Capital Improvement Projects
2. Middle Creek Branch Library New Branch
3. Fuquay Varina Branch Library Replacement/Expansion
4. Wake Forest Branch Library Expansion
5. North Hills Branch Library New Branch
6. Morrisville Branch Library New Branch
Rolesville/Neuse Crossroads Branch New Branch
Creedmoor Branch Library New Branch
Athens Drive Branch Library Replacement Branch
Southgate Branch Library Replacement Branch
New Hill Branch Library New Branch
Panther Branch Library New Branch
Downtown Raleigh Branch Library New Branch
Mr. Moore spoke to each of the additional project areas. The Southgate Branch opened recently and may be addressed in the next master plan. There have been opportunities for partnerships in land. Fuquay-Varina will work to provide additional land. Morrisville and Cary will partner with the County. The North Hills site may involve a lease arrangement. They recommend $5 million be allocated for the projects as they come up in the future for renovation activities. A chart reflecting the schedule for opening new or renovated libraries was provided. Chairman Coble thanked Mr. Moore and staff for the final report on the projections for libraries that are provided for the citizens.
Upon motion by Commissioner Bryan, seconded by Commissioner Brown, the Board voted unanimously to approve all items on the consent agenda including the items for second reading of land acquisition items for two elementary schools in Apex (E-32) and in the Wendell area (E-34). Chairman Coble congratulated Scott Warren on his appointment as the new Wake County Attorney.
APPOINTMENT OF SCOTT WARREN AS THE WAKE COUNTY ATTORNEY
Specific Action Approved: The Board of Commissioners formally appointed Scott W. Warren as the Wake County Attorney effective May 23, 2007.
ACCEPTANCE OF A $36,453 DEPARTMENT OF HEALTH AND HUMAN SERVICES -
HEALTH RESOURCES AND SERVICES ADMINISTRATION GRANT FROM WAKEMED FOR A ONE-YEAR EVALUATION OF A PATIENT-TRACKING INFORMATION SYSTEM
Specific Action Approved: The Board of Commissioners accepted a $36,453 grant subcontract from WakeMed and authorizes the County manager to execute a subcontractor’s agreement with WakeMed for one-year evaluation of a system to track patients during a major emergency. Any unobligated appropriation remaining as of June 30th, 2007 will be re-appropriated in the FY08 budget as part of the Grants and Donation Fund.
CONTRACT REVISIONS FOR WENDELL FALLS PARK AND
OPEN SPACE LAND ACQUISITION
Specific Action Approved: The Board of Commissioners authorized the County manager to execute an amended purchase agreement for the Wendell Falls Open Space Tract of 125.76 acres for $3,020,000, subject to term and conditions acceptable to the County Attorney.
ACCEPTANCE OF A DEDICATION OF 16.831 ACRES OF LOWERY CREEK
OPEN SPACE FROM HASENTREE CORP.
Specific Action Approved: The Board of Commissioners accepted the dedication of 16.831 acres of Lowery Creek Open Space from Hasentree Corp as shown on the attached map.
CONTRACT BILLING AND COLLECTING PROPERTY TAXES
FOR THE TOWN OF CLAYTON
Specific Action Approved: The Board of Commissioners authorized the Board Chairman to execute an agreement for the billing and collection for the Town of Clayton for property located within Wake County.
Upon motion of Commissioner Bryan, seconded by Commissioner Brown, the Board accepted and unanimously approved the tax reports as follows:
| 1.||Report of Collections – Wake County Only – April 2007|
| 2.||Wake County In-Rem Foreclosure Progress Report – April 2007|
|Value Adjustments and Special Situations: (Wake County and Town of Cary), (Wake County and City of Raleigh), (Wake County and Town of Wake Forest) |
| 4.||Consideration of Requests for Adjustments, Rebates and/or Refunds of Penalties: (Wake County Only), (Wake County and Town of Morrisville), (Wake County and City of Raleigh) |
| 5.||Consideration of Refund for Taxes, Interest, and Penalties: (Wake County Only), (Wake County and Town of Apex), (Wake County and Town of Cary), (Wake County and Town of Fuquay-Varina), (Wake County and Town of Garner), (Wake County and Town of Holly Springs), (Wake County and Town of Morrisville), (Wake County and City of Raleigh), (Wake County and Town of Wake Forest) |
| 6.||Consideration for Release of Penalties and Interest for Wake County Prepared Food and Beverage Taxes: (Wake County Only) |
|Consideration of Requests for Exemptions-Late Filed Applications: (Wake County Only), (Wake County and Town of Fuquay-Varina) |
|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) |
LAND ACQUISITION FOR AN ELEMENTARY SCHOOL IN APEX (E-32)
Specific Action Approved: The Board of Commissioners:
1) Authorized the Board of Education to purchase 32.33 acres of land in the Apex area at a cost of $105,165 per acre totaling $3,400,000 for an elementary school (E-32) and future Town of Apex neighborhood park. Upon approval of the site plan for the school and park by the Board of Education and Apex Town Council and subject to final survey, the Town will purchase +/- 15 acres in the amount not to exceed $105,165 per acre. It is understood that should the Town of Apex not purchase a portion of the site (+/-15 acres) the Board of Education will:
a. Determine if the site is suitable and needed for a middle school, and if not,
b. Proceed with the development of an elementary school in accordance with the attached site plan with all excess property (+/-15 acres) to be surplused according to the policies of the Board of Education and Board of Commissioners
2) Authorized staff to finalize and interlocal agreement between the Board of Education, Board of Commissioners and Apex Town Council that describes the parties intent for the subdivision and development of the property as an elementary school and neighborhood park. Final Terms and conditions of the agreement are to be subject to review and approval of the County Attorney. The Town of Apex would pay an amount not to exceed $105,165 per acre for the Town park portion, subject to final survey.
3) Authorized the expenditure of $250,000 from the County’s Community Use of Schools CIP fund towards the purchase amount for the Town portion of the property, subject to the Town developing the park by a date to be specified in the interlocal agreement.
LAND ACQUISITION FOR AN ELEMENTARY SCHOOL IN THE WENDELL AREA (E-34)
Specific Action Approved: The Board of Commissioners authorized the Board of Education to purchase 16.8 acres of land from Wendell Falls Development LLC in the amount of $40,000 per acre for Elementary School E-32 totaling $672,000.
The site will be part of a larger development known as Wendell Falls, east of Marks Creek and the current Town of Wendell. The site will be annexed into Wendell and the Wendell Falls Development LLC is under contract for the provision of roads, water and sewer service to the site as a part of a larger development to be constructed in time for the proposed school opening in July 2009. The access road and associated infrastructure will be provided at no costs to WCPSS and will represent a significant savings.
LAND ACQUISITION FOR A MIDDLE SCHOOL (M-12) AND
ELEMENTARY SCHOOL (E-31) IN THE GARNER AREA
Ms. Betty Parker and Mr. Gene Cowell of York Properties informed the board that this was a collaborative effort which included county and schools staff, as well as others to secure the best area and deal. The site is located South of Highway 70 and east of Highway 40. There is sewer availability. It is located in a residential area as part of Garner’s long range planning. The Town of Garner has been actively involved. They have had 4 staff members at every meeting. Ms. Parker stated they met with the Town Aldermen last Thursday. This area is where growth and road access are located. The property can be acquired at $50,000 per acre for the 54.24 acre site needed for an elementary and middle school. There are existing easements in place. This site is very level and cost effective for the county. There was discussion about road frontage from the property. On the CAMPO plan, a minor thoroughfare will be around the site. The site is well within the budget for a project of this sort.
Mr. Cowell reviewed the target ring area for school locations and then where the bull’s eye was located. There were impediments within the target ring which had to be worked around. Some of the area they researched in the target area is in the watershed and then other areas where water and sewer were not allowed. He reviewed the schools criteria for sites of 20 acres for elementary and 30 acres for middle and 60 acres for high schools. This site is within one-half a mile from water and sewer service and safety was adequately addressed. He provided a map of sites that were considered. He stated four to five sites were available and ninety-eight parcels were reviewed and analyzed for consideration for a conclusion that they had to move out of the specific target range. The target circles were based on planning and transportation.
The request was for the Board of Commissioners to receive and review this information from the Board of Education as the first reading of land acquisition for a middle school (M-12) and elementary school (E-31) in the Garner area. There were very little options. This was the suitable site. An appraisal has not been provided on this property. Commissioner Coble asked for comparables at the next meeting for these schools sites in lieu of appraisals. This item will be on the next agenda as a second reading. Ms. Parker stated future sites will have appraisals. Commissioner Coble asked what was being paid for school sites in the similar areas. Commissioner Bryan said he wanted to see appraisals to know the Board is paying what is average for those particular areas.
WATER QUALITY PROTECTION RECOMMENDATIONS
FROM THE LITTLE RIVER WATERSHED WORKGROUP
Ms. Jennifer Willis said the Little River Watershed Workgroup was assembled in 2006 to look into this watershed. Dale Crisp with Raleigh and Don Cordell, City Consultant spoke to a timeline on the status of this project. The following item will address the interlocal agreement. The interlocal agreement has been approved by the City Council. City and County worked together on the agreement to develop and execute a watershed protection agreement for the Little River Watershed on or before January 1, 2008. Dale Crisp said they have contracted with Hazen and Sawyer on this project. He thanked the County for partnering in this project. The City will meet today and address funding for the Little River Reservoir. A five-year update plan for water has been presented to the state. The goal is protection of the future water supply for eastern Wake County and to have the project online by 2009. The Little River Workgroup includes representatives from Raleigh, Rolesville, Wake Forest, Wendell, Zebulon and Wake County. Outside parties represented include: US Fish and Wildlife Service, US Army Corps of Engineers, NC Division of Water Quality, and the NC Wildlife Resources Commission.
Recommendations from the Workgroup:
1. Water Supply Within Watershed - Increases in water/sewer allocations required approval between the jurisdiction and water/sewer provider.
2. Zoning Within Watershed – Zoning should be limited to residential development, but allows for non-residential development in a non-urban activity center as depicted in the Wake County Land Use Plan.
3. Density of Development – Within the non-critical area of the watershed, zoning should be maintained at the current level of one (1) dwelling unit per one (1) acre. In the critical area, zoning is recommended at one (1) dwelling unit per three (3) acres. Currently zoning is one (1) dwelling unit per two (2) acres.
4. Stormwater Issues – Limit impervious surfaces in both the critical and non-critical area of the watershed to 6% and 12%, respectively, as currently required in Water Supply Watersheds classified as WS-II.
5. Buffers – Protect 100-foot wide undisturbed stream buffers in the watershed and add all reservoir tributaries to the County’s open space acquisition corridor priority list.
6. Floodplain Regulations – Agree not to allow development in the 100-year floodplain of the watershed.
7. Access to Water and Sewer in Watershed – Agree not to extend water and/or sewer lines in both the critical and non-critical area of the watershed, except to protect public health and safety and for developed properties only.
8. Annexation in Boundary Area – Agree not to annex in both critical and non-critical areas after urban service area is established.
9. Streamline Restoration – Work with the City of Raleigh to acquire easements for stream restoration and wetlands mitigation.
10. Reservoir Uses – Adopt similar recreational conditions as those in place for Lake Benson.
The following bullets outline the next steps required to implement the above recommendations of the Little River Watershed Workgroup:
· The Board of Commissioners would initiate the process to consider amending the Wake County Land Use Plan (LUP) to create a zoning overlay district on the Little River Watershed.
Ø Rezone property in the critical area of the watershed from an R-80W classification to R-120W, or one (1) dwelling unit per three (3) acres;
· The Board of Commissioners would initiate an interlocal agreement to execute the workgroup’s recommendations and circulate to partner municipalities for approval.
Mr. Cordell spoke about the permitting process. Environmental permits may take years to secure. Permits, one from state and one from federal government are required.
There is a direct impact on wildlife with an indirect impact being that it directs growth elsewhere. Certain environmental impacts have been minimized. Magnitude of the environmental impacts is most significant. About 900 acres are expected to be impacted but they believe the project is still submitable.
Mr. Cooke informed the Board that this watershed area is over 20,000 acres and they have worked since the early 90s to protect it. Now it is going to be given to the City of Raleigh. There was unanimous agreement in the areas of environmental impact. Merger of water and sewer systems will now be done by the City of Raleigh. County zoning related to overall zoning does not have to change in relations to the activity centers. In order to address density of development, the critical area should have zoning reduced to one dwelling per three acres. The recommendation is for this plan to go beyond the state’s minimum to protect their area.
Mr. Cooke reported that they do not all agree on the extension of water and sewer being extended into the watershed. It was unanimous to extend sewer but not water. All towns agreed not to expand boundaries beyond those currently known for that area. This property is in the county watershed in the Land Use Plan.
Commissioner Gardner motioned, seconded by Commissioner Ward, to receive the recommendations from the Little River Watershed Workgroup and approve proceeding with the next steps as follows:
a. Initiate the process to consider rezoning property in the critical area of the Little River watershed from an R-80W classification to an R-120W
b. Initiate a process to execute an interlocal agreement among the County and municipalities.
Commissioner Bryan questioned the need to “downzone” an individual’s property. He asked for technical backup to this recommendation. He stated this was being more restrictive than the State standards and different from the County’s existing policy. Mr. Crisp said it is not a given that they can get permits for this facility. It would be a high quality watershed which has been designated for endangered species. It may take five years just to build a water plant. The intent is to show the resource agencies that the County and City are serious about protecting the water quality in this watershed and there needs to be a facility available to do this protection. Other facilities are permitted and online already so they would not be treated the same way. The bar is set high and there are different standards. Commissioner Gardner said a W2 is a high rating and this may be the last reservoir that can be established in the county. Property values will increase in this area and it will prime real estate once this all comes to fruition. He noted that the County is currently facing a drought to emphasis the importance of protecting the watershed.
Commissioner Ward said if we prove to those individuals we are concerned about our water supply then the permits will come. This is the last lake or water supply possibly available to Wake County. Individual property owners should feel they are being protected.
Commissioner Bryan asked if any of the town boards objected. Mr. Crisp said the county was approached first. Commissioner Bryan asked if we can find out by the end of the year if the permits would be approved.
Mr. Don Cordell said they would not know by the end of the year. No one can give a definitive answer at this point but it shows they are taking a proactive approach. Commissioner Bryan asked how they arrived at the recommendation of one acre versus three acres. Mr. Cordell said the group focused on what other counties had done. He gave examples of other areas where the municipality actually have bought and own the whole watershed. He stated the
State Division of Watersheds makes decision. Commissioner Coble said this is a subjective measure of water quality.
Chairman Coble called for a voted on the motion. The motion passed with a vote of four to two with Commissioner Coble and Bryan voting in opposition.
INTERLOCAL AGREEMENT WITH THE
CITY OF RALEIGH FOR THE LITTLE RIVER RESERVOIR PROJECT
Mr. Cooke introduced this item as the Interlocal Agreement between the City of Raleigh and the County for the Little River Reservoir Project.
Terms and conditions of the Interlocal Agreement are as follows:
Over the past 10 years, the County has acquired by purchase or condemnation, the approximate 2,000 acres needed for the construction of the reservoir. In addition, staff of Wake County and the City of Raleigh have initiated discussions regarding the responsibility for the permitting, design and construction of the project. Due to the fact that the City of Raleigh will own and operate the utility system and be the purveyor of treated water to all the Towns party to the 1994 Interlocal Agreement, Raleigh has agreed to assume these responsibilities. Working with the staff of the City and County Attorneys' office, a final draft of an Interlocal Agreement has been developed (Attachment 2) and on May 15 was approved by City Council to address the terms and conditions summarized as follows:
1) The City will proceed with, and be responsible for, all costs associated with the permitting, design, and construction of the project in accordance with the schedule as shown on Attachment 1.
2) The County will convey to the City in fee simple all properties acquired for the reservoir within 30 days of the City's anticipated date of application for a sedimentation and erosion control permit for the project (Attachment 3).
3) The City will repay the County for direct land costs without interest in the amount of $500,000 per year beginning July 1, 2007. Upon commencement of operation of the water treatment plant, the annual repayment amount will increase to $1,000,000.
4) Consistent with the 1994 Interlocal Agreement, the County will contribute funding generated from the sale of two surplus properties towards the acquisition of the reservoir lands. These properties are identified as the Umstead Tract ($560,228) and Watkins Tract (estimated $2,600,000). The land acquisition costs will be further reduced by the amount of $1,000,000 paid by the City and Towns in accordance with the 1994 Interlocal Agreement.
5) All funds repaid by the City to the County shall be used for water quality improvement purposes, future water supply planning studies and watershed and water quality protection, including the preservation of open space in the Swift Creek, Falls Lake or Little River watersheds.
6) Should the City fail to secure a permit for the project and therefore not proceed with construction or should the project otherwise be terminated, ownership of the properties will revert to the County and the County will provide reimbursement to the City of all payments to the County. Such reimbursement to the City would be reduced by any funds expended, or contracts executed, by the County for purposes identified in Item 5 above.
7) The County and City will cooperatively plan for the design and operation of the regional and district park sites proposed by the County adjacent to the reservoir properties to assure compatibility of the parks with the effective operation of the project as a water supply reservoir.
8) The City and County will work cooperatively to develop and execute a watershed protection agreement for the Little River Watershed by January 1, 2008.
9) The County will reserve the right to construct a walking, biking, pedestrian trail within the outside 100 feet of the buffer area surrounding the reservoir.
As shown on the schedule, the permitting, design, construction and mitigation monitoring of the project may require up to 15 years to complete. The City has already initiated certain environmental work as a part of this process and will continue with the permitting, design and construction of the project in accordance with the terms and conditions of the Interlocal Agreement.
Upon motion by Commissioner Ward, seconded by Commissioner Brown, the Board voted unanimously to approve the execution of an Interlocal Agreement with the City of Raleigh for the Little River Reservoir Project: and authorize the Chairman to execute the Interlocal Agreement on behalf of Wake County, subject to terms and conditions acceptable to the County Attorney.
Commissioner Gardner questioned how this would affect individuals selling their property. Mr. Mike Aull said the county would retain whatever property the county needs to retain and maintain.
A short recess was held.
THIS INTERLOCAL AGREEMENT is dated _______________, 2007 (as supplemented or amended, the “Agreement”), and is between the City of Raleigh, North Carolina (“City”), a North Carolina municipal corporation, and Wake County, North Carolina (“County”), a public body politic and corporate of the State of North Carolina.
WHEREAS, it is the interest of the City and County to provide for safe, clean and adequate sources of drinking water supply to serve the municipalities in Wake County, and to provide public amenities such as parks, trails and greenways for use by the citizens of Wake County, and
WHEREAS, the Little River Reservoir has long been recognized as a future source of high quality drinking water and will ultimately be needed to meet the future demand for water in Wake County, and
WHEREAS, on May 2, 1994, the County, the City, and the Towns of Knightdale, Wake Forest, Wendell, Zebulon (“Towns”) entered into an Interlocal Agreement to provide for funding acquisition of land and future ownership and use of land necessary for the future development of the Little River Reservoir Project (the “Project”), whereby each Town and the City agreed to pay $100,000 per year for five years, totaling $1,000,000 in contributions toward land acquisition costs for the Project while designating the County as the acquiring entity for the Project, and
WHEREAS, the 1994 Interlocal Agreement envisioned that ultimately the land acquired for the Project would be deeded to an appropriate unit of government or other entity charged with design, permitting and construction of the reservoir; and
WHEREAS, since 1994, the County has surveyed and acquired title to over 1,900 acres (the “Properties”) for the proposed Little River Reservoir Project, including a nominal 200 foot wide buffer surrounding the 260 Mean Sea Level (“MSL”) pool elevation, and
WHEREAS, in addition to the reservoir lands, the County has acquired approximately 332 acres adjacent to the reservoir lands for proposed Wake County regional and district parks (“County park sites”), and
WHEREAS, the City has agreed to assume responsibility for permitting, design and construction of the Project and to operate the Project for a public water supply as a part of the City’s Public Utilities Department, and
WHEREAS, the City and the County desire to enter into this Agreement pursuant to the statutory authority authorizing interlocal agreements, N.C.G.S. Sections 160A-460 to 464, in order to effectuate the above-stated goals.
NOW, THEREFORE, in consideration of the mutual goals and promises contained herein, and the mutual benefits to result therefrom, the parties agree as follows:
1. By subsequent instrument of conveyance, the County will transfer title of all properties (the “Properties”) acquired by the County for the Project to the City. A preliminary list of the Properties is attached as Attachment A to this Agreement, entitled Little River Reservoir Properties. In recognition of the need for a more accurate description by current survey of the water supply reservoir and buffer limits, the parties acknowledge that the lands to be conveyed by the County to the City will likely differ in certain respects from those Properties shown on Attachment A. The County will contract with a professional land surveyor to complete a composite map in recordable form to show the Properties subject to the conveyance instrument. County and City agree to amend Attachment A as needed to reflect the final listing and configuration of the Properties by acreage and land cost.
2. The City will proceed with the Project design work, permitting, including all mitigation activities as required by the permitting agencies, and construction of the Project in accordance with the schedule as shown on Attachment B. The City will be responsible for all costs associated with the design, permitting, mitigation, and construction activities.
3. The County agrees to convey to the City in fee simple all the Properties within 30 days of the City’s anticipated date of application for a sedimentation and erosion control permit for the Project, reserving only a right of reversion described in Section 2 above and the right to use the Project’s buffer area for greenspace, multi-purpose trail purposes, in accordance with Section 10 below and any other uses agreed to by the City and County in the collaborative planning of the regional and district park. Should the City fail to secure a required permit for the Project and therefore not proceed with construction, or should the Project otherwise be terminated, ownership of the Properties will revert to the County and the County will reimburse the City for all payments previously made to the County minus the amount of any funds expended, or contracts executed, by the County for purposes identified in Section 8 below.
4. Prior to transfer of ownership of Project Properties to the City, the County agrees to cooperate fully with the City in its efforts to obtain permits for the Project. Should the County, as owner of the Properties, incur fines or penalties from regulatory agencies having jurisdiction over the Project Properties and Project permits because of any action or inaction of the City, the City agrees to reimburse the County for such fines or penalties including any costs associated with defending actions related to such fines or penalties.
5. The term of this Agreement will extend until the City has repaid the County for all direct land costs for the Properties, which total costs are now estimated to be between fourteen million dollars ($14,000,000.00) and fifteen million dollars ($15,000,000.00), at no interest. The parties acknowledge that the acquisition cost of certain properties has not been finally determined, and the aforesaid estimates are based upon the best information and projections currently available.
6. The City agrees to repay to the County all direct land costs without interest. City will make annual payments to the County in the amount of $500,000 per year, first payable on July 1, 2007, and payable on July 1 of subsequent years. On the July 1 immediately after the City’s water supply facilities begins operations and sale of water to customers, the annual payment amount will increase to $1,000,000. Payments will continue until the total amount of direct property costs is repaid.
7. The County will not request reimbursement for indirect costs of acquiring the Properties other than purchase price paid, thereby foregoing reimbursement for legal fees, surveying costs, appraisal costs, environmental assessment costs and staff overhead associated with acquiring the Properties. The total amount of Project reimbursement by the City to the County will be offset by amounts previously paid by the City and the other participating municipalities (“Towns”) under the 1994 Interlocal Agreement, totaling one million dollars ($1,000,000). The County agrees to contribute to the City as a source of funding for the acquisition of Project lands, the proceeds generated from the sale of previously or currently owned surplus County property in accordance with the 1994 Interlocal Agreement. This source of funding includes $560,228 from the previous sale of surplus property and any funds paid to the County as a result of the sale of the approximate 33 acres identified as the “Watkins Tract” (Tax ID #0186726).
8. All funds repaid to the County by the City shall be used for water quality improvement purposes, water supply planning studies and watershed and water quality protection, including the preservation of open space. Properties acquired with the funds repaid by the City will be located in the Swift Creek, Falls Lake or Little River water supply watersheds and will be substantially in accordance with criteria supplied by the City for watershed acquisition, which criterion are made a part of this Agreement as Attachment C.
9. In conjunction with the City’s obtaining permits for the Project and in cooperation
with the City, the County will investigate and discuss with the appropriate regulatory agencies the possibility of securing wetland mitigation credits as a
component of the County’s open space acquisition program.
10. By appropriate covenant or language of reservation in the instrument of conveyance from the County to the City, the County will reserve the right to construct a walking, biking and pedestrian trail within the buffer area surrounding the reservoir pool. The trail will be located outside the first 100 feet of the buffer wherever possible. The trail may be located within the first 100 feet if necessitated by property configuration or topography, and only if approved by the federal or state regulatory agency having jurisdiction over such matters.
11. Independent of the Project, the County plans to construct a regional park and a district park on the County park sites. The park’s design and operation will be cooperatively planned by the City and the County so that City may assure its compatibility with the Project’s effective operation as a water supply reservoir.
12. In furtherance of their mutual objectives of providing
a County parks facilities and a City water supply facility, and in protecting and maintaining the environmental values necessary for both, the City and County will work cooperatively to develop and execute a watershed protection agreement for the Little River Watershed on or before January 1, 2008.
IN WITNESS WHEREOF, The Boards of the respective Parties have approved this
Finance Officer, Wake County
agreement and have caused it to be signed by the Chairman or Mayor of each Board and attested to by the Clerk of that Board, the year and day first written above.
|CITY OF RALEIGH|
Charles C. Meeker, Mayor
|COUNTY OF WAKE|
Tony Gurley, Chairman
Wake County Board of Commissioners
This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act.
Approved as to form:
Stephanie Goolnick, Raleigh, said she moved here because of the schools reputation. The parents have been alerted of shutdown of the magnet schools. She met with school system representatives and the data is so imbedded that it is a judgment call on this funding issue for the schools. She said they are taking healthy schools with fantastic magnet programs, and going backwards by closing them. She asked the Board of Commissioners to look into this proposal to close the magnet schools. There has been no public hearing or public input into this decision. She said they called this action an instructional decision. If it were reassignment issue then it would require a public hearing. She said they made a decision in 30 days and requested this Board delay a vote on the subject.
Mark Cabot spoke on the magnet schools program, including elementary middle and high schools. He stated the Board of Education’s decision to close magnet schools was a decision they said was due to curriculum. It was an arbitrary and capricious decision. Dr. Wheeler wasn’t even notified that the school was closing. No one knows where their children are going including their siblings. They are throwing away a 10 year program.
He asked the Board of Commissioners to intervene and not let the School Board vote on this tomorrow. He stated that they are changing the make up of the population of the school.
Pat Ryan Hunt, Apex, said when the decision was made to revoke the magnet schools there was no thought to excellence in education. Magnet status is foundation of Olds Elementary. It attracts NCSU faculty. There is abundant volunteering by parents and this helps attract teachers. By taking away the magnet funding everything else falls apart. Wake County should set aside funding for magnet schools. If diversity is in question, why increase diversity that dismantles a school. Children would be welcomed and nurtured at Fred Olds elementary.
PUBLIC HEARING ON THE COUNTY MANAGER’S RECOMMENDED BUDGET
FOR FISCAL YEAR 2008
Chief George Gupton of Eastern Wake Fire Department and resides in Southeast Wake County which is served by Highway 70. He addressed concerns about the Fire Departments for Garner and eastern Wake. Both Departments are 7 miles away from citizens. Citizens are paying fire tax but not even in the fire district. This is not reasonable. With Wake County’s growth factor this should be a concern for everyone. He asked the Board to look hard at the fire coverage for this area.
Mark Allemang, 5100 Black Diamond Court, spoke in support of a pay raise for teachers, school bond, conversion to year round schools and requested the Board support the new space needed for schools.
Patti Head, Chairman of the Wake County Board of Education, 8851 Woody Hill Road, Raleigh, stated the goal of the Board of Education is for all students to graduate on time. There are some 6,000 to 7,000 students graduating from school this weekend. She asked for the Board of Commissioners continued support. She stated the budget presented by the Board of Education is a lean budget and reflects the needs for a rapidly growing population. For students to graduate on time requires a significant investment. Their budget deals with inflation and represents an $88 increase in per student allocation. They are maintaining services and also addressing tremendous costs and growth.
Dave Filipowski, 105 Ravinhollow Court, Cary, NC asked the Board consider mental health issues as well as schools. He thanked the Manager for the proposed budget and for his open door policy. There are tremendous needs in mental health moving into next year with new treatment programs.
Mary Freeman and Gary Carr spoke about the Tammy Lynn Center and their successes. They are operating with minimum administrative staff. Tammy Lynn Center was recognized as a Health Care Hero in the Triangle Business Journal Magazine. They created
9.4 new jobs and will be creating another 9.4 new jobs when the second four-bed home is opened in FY07-08. She spoke of new programs and financial support from the private and corporate agencies. They are requesting $92,000 from contingency funds for assistance with their capital program. They are also proud that they were able to bring three citizens back home to Wake County. Mr. Carr added that the funding from the state has been stagnant in recent years. They have managed to cover operating expenses over the last year but need $92,000 for immediate capital needs for $55,000 HVAC in Children’s residence, $11,000 HVAC in the Administrative building 2 stations, $5,000 ionization smoke detectors, $21,000 Tile work in children’s bathrooms; $35,000 phone system replacement; and $25,000 passenger van replacement. The $92,000 requested would allow them to address the Children’s HVAC and the phone system or other priorities as listed.
Kent Goddard, 8206 Merriweather Circle, Raleigh, Raleigh, spoke in favor of support for the Continuum of Care building across from Holly Hill Hospital. He asked the Board to support the project for those with mental illnesses in Wake County.
Susan Hansell, Executive Director of Community in Schools of Wake County introduced the several board members present and thanked the Board for its past and current support. They have 968 children work with on a daily basis and they are making a small but significant difference in their education. They are always looking for more volunteers and ways and funds to help the children. They are unique in that one-third of their students are middle school students and many are young men. They are coming to the learning centers and are coming back daily. Their focus is on: continued level of care; setting highest expectations for these children, work to get them college ready, provide with good role models and life skills to become leaders. The Board sets high standards and provides leadership.
Mary Watson Nooe said Wake County has an excellent school system and people come to this county because of the excellent school system. An educated public is essential and the boards should cooperate and support each other. As a 42 year resident she has voted and supported funding for schools and said the County Commissioners need to step up to the plate.
Chris Decker of Cary has two children in school. His son who is in elementary school said they took away the kickball field. There is 120% capacity in the schools. History has shown the schools get significantly less than what they ask for. The School Board asked for $30 million and their budget is very clear where the money would be disbursed. There was $3.6 million for year round schools which the board changed. The proposed budget is $19 million. He asked why $19 million was being recommended and what should be eliminated in their budget. He hoped the Board would listen to the people, mend fences with the school board and fund the schools.
CONSIDERATION OF A ONE-TIME FUNDING REQUEST FOR
PLM FAMILIES TOGETHER
Reverend Laura Benson, Director of the PLM Families Together and three board members were present. She said this is a request for a one time grant which will help them have a positive impact on the 10-year plan to end homelessness. PLM has been a key component on the county’s plan to end homelessness. The county is their largest most significant partner but they have secured over $400,000 from other partners. They are requesting $300,000 to pay off the property mortgage debt where the homeless families reside. They house 33% of Wake County’s homeless parents and 40%of Wake County’s homeless children every night. They are the only program with 3-bedroom apartments to accommodate larger families. They have an excess debt over $400,000. The funds from the county would help them pay off current mortgages on one of their properties and the County would be placed in first lien position. If the county provides this funding it would help them by eliminating balloon payments, mortgage payments, shows supports which positively influences private donations, and frees resources for focus on helping the homeless families. They have 20 families on the waiting list for one of their units. Reverend Benson stated that past problems include trying to do too much with too less and poor management. PLM incurred debt to the IRS. This issue was settled 2 years ago. They are compliant with a payment plan and IRS payments are made by unrestricted grant funds. No county funds would go towards IRS issue. They have met with a new audit firm and have corrected every deficiency in their budget.
Commissioner Ward motioned, seconded by Commissioner Webb, to provide a grant in the amount of $200,000 to PLM Families Together to pay down the first mortgage and line of credit on property they own; and, a matching grant of up to $100,000 for funds that PLM Families Together is able to raise for the same purpose between July 1, 2007 and June 30, 2008.
Commissioner Ward supported helping the homeless in Wake County and was concerned about a lien on the property. Mr. Cooke said when working with the Wake County’s affordable housing program, it is staff’s role to protect the County in the affordable housing programs. The county needs to guarantee the facility is used for the intended purpose for coming years. Commissioner Bryan stated they do want to help homeless families but this request appears different from other funded programs. Mr. Cooke said the lien position assures that nothing could be done with that asset without the county’s support.
There was discussion concerning how the County funds would be used in the PLM Families Together Program. It was stated that the funds were to be used to pay off the mortgage and would help in campaigning for additional donations. This program does meet a specific need of this community and assist the county in addressing shelter for the homeless.
Commissioners requested a ruling by Scott Warren, County Attorney, asking if this was a legal use of county taxpayers’ funds. Mr. Warren reported he had done thorough research on this matter and stated this is a legal use of county funds. Commissioners discussed the appropriateness of the lien on their property.
Reverend Benson said the original proposal was a request which included how you could use the property. Without a lien position, it assists the organization more than a straight cash grant. Without a lien, it frees up funds and reduces their indebtedness even more. If it was never forgiven it could hinder them for 20 years which hinders them from neutralizing their debt.
Commissioner Ward offered an amendment to the motion to delete the part about a putting a lien on the property. Commissioner Webb agreed with Commissioner Ward’s amendment.
Mr. Warren said he was uncomfortable removing the lien on the property and it may make this action more difficult. The purpose of providing these funds to the PLM was to pay off the mortgages. Commissioner Coble said he cannot support this amendment. The Board of Commissioners would be funding a tax problem and it may be questionable by removing the real estate. Commissioner Gardner said he could no longer support the motion because the lien was an important part of the agreement. Commissioner Bryan said this is new information, from a legal standpoint, and he would not support the amendment without the concurrence of the County Attorney. Commissioner Brown said she supports programs to help the homeless but could not support this action if the citizens do not have some type of guarantee. Discussion continued about the history of the organization and what a good service they provide for Wake County citizens. Commissioner Ward expressed her confidence in Reverend Benson and what she plans to do with this program, however, she felt she did not have the votes on this action and withdrew the amendment. With Commissioner Webb’s agreement to withdraw his second, the original motion was back on the table.
Commissioner Coble offered an amendment to the motion to take the remaining $84,000 of contingency and fund the Tammy Lynn Center. Commissioner Ward accepted the amendment to the motion.
Commissioner Bryan said there is a work session next Monday when this could be discussed further. This PLM item has been ongoing for six months and they have been making their case. He also suggested fully funding the Tammy Lynn Center by using an additional $9,000 from fund balance. The Board discussed this action and it giving the impression the non-profits would not need to follow the non-profit funding process. Commissioner Coble said the PLM staff and board have lobbied behind the scenes to get the county to help fund their need, so the board should completely use the funds.
Commissioner Ward stated she respects what the PLM and Tammy Lynn Centers have done over the years. She supported funding the additional $9,000 through some other source.
Acting Chairman Coble called for a vote on the motion. Commissioners voting in favor of the motion were Brown, Bryan, Gardner, Ward and Webb. Commissioners voting in opposition to the motion were Coble.
CONTRACT WITH ROLESVILLE EMS, INC. AND TOWN OF ROLESVILLE
PROVIDING FOR USE OF WAKE COUNTY EMS SYSTEM RESOURCES
IN SUPPORT OF EMERGENCY MEDICAL SERVICES (EMS) ACTIVITIES
Mr. John Rukavina and Mr. Frank Eagles were present. Mr. Rukavina said at the May Board meeting was a series of agreements for EMS services and have worked with the Town of Rolesville and turned it into an agreement based on the previous discussion.
Upon motion by Commissioner Coble, seconded by Commissioner Brown, the Board voted unanimously to authorize the County Manager to enter into an agreement with Rolesville EMS, Inc. and the Town of Rolesville providing for use of Wake County EMS System resources for Rolesville EMS, Inc. operation of an ambulance that is not part of the Wake County EMS System upon approval of this agreement by the Town of Rolesville and Rolesville EMS, Inc.
COUNTY OF WAKE STATE OF NORTH CAROLINA
3. To provide a minimum of two personnel, at least one qualified as a paramedic and at least one qualified as an EMT, to be housed in Company’s station and assigned to (and respond with)1572, in addition to those personnel the salaries of whom are reimbursed in whole or part to the Company pursuant to the 1571 contract, and to assign any full-time, part-time or volunteer personnel in a manner that fully staffs 1571 in accordance with the 1571 contract before any personnel are assigned to 1572;
4. To respond with 1572 to a medical emergency only when 1571 is out of service for CAD
purposes as follows:
|(a)||1571 has already been assigned an emergency response, and a second RWCC dispatch occurs while 1571 is unavailable;|
|(b)||1571 is so depleted of supplies, equipment or medications as a result of an earlier ambulance response that the ambulance cannot safely or reasonably respond upon dispatch;|
|I||1571 is so low on fuel that it could not reasonably or safely be expected to complete a new response upon dispatch before refueling;|
|(d)||1571 has become so contaminated with blood, bodily fluids or other hazardous substances that it could not reasonably or safely be expected to complete a new response upon dispatch before cleanup; and/or|
|(e)||1571 has suffered damage or malfunction such that it could not reasonably or safely be expected to complete new response upon dispatch before repairs can be made;|
5. To acknowledge removal of 1572 as a component of the County’s EMS System move-up matrix maintained and monitored by the Raleigh/Wake Emergency Communications Center;
6. To assume full responsibility for operation, maintenance, repair and/or replacement of the vehicle assigned as 1572 (and associated costs of such operation, maintenance, repair and/or replacement) and that, in the event that 1571 requires such maintenance or repair that removes 1571 from service, to notify County as far in advance as is practicable that a spare vehicle is needed for temporary assignment to 1571, at which time, County will proceed with arrangements for provision of such spare vehicle;
7. To collect and maintain and submit such records as required by County’s EMS Medical Director, including (but not limited to) a monthly report, consisting of the following elements:
· Day of month;
· Time in service (eg., 09:00 – 18:00)
· Hours in service (eg., 9)
· 1572 Crewmember 1 name and credential
· 1572 Crewmember 2 name and credential
· Number of calls during shift
· Number of transports during shift;
8. To collect and maintain such information and records on a quarterly basis that will enable the County’s Director of Management and Budget, Director of Finance, and Director of Public Safety and the Town’s Manager to assess compliance with 2, 3 and 5, above, and to deliver such information on or prior to the 15th (fifteenth) day of October, January and April during the term of this Agreement, and July of the succeeding year;
9. To maintain such accounts and related records that will enable the auditor referred to in Section 8 of the 1571 agreement to present a separate statement within the audit referred to in Section 8 of the 1571 agreement that identifies Company’s revenues and expenditures for operation of 1572 to enable the auditor to conclude that funds, materials, equipment and services furnished by County for operation of 1571 are not used to support the operation of 1572, and to compensate the auditor for the separate statement.
10. To acknowledge that, for purposes of record-keeping in connection with EMS incidents and billing, the authoritative sources for information shall be, in combination, (a) electronic Patient Care Reports, (b) information from the computer-assisted dispatch (CAD) system maintained by the Raleigh-Wake Communications Center on behalf of the County, and (c) County’s billing agent;
11. To require of its full-time, part-time and/or volunteer personnel the active and affirmative support all County EMS System personnel and resources that are assigned in and around the Town in order to provide (or be available to provide) emergency medical care, such support to include (but not be limited to) use of the County facility that is used by the Company as its station;
12. To obtain and maintain, at its sole expense, the insurance described below for 1572 and 1572 operation as described herein, independent of same provided for 1571 pursuant to the 1571 contract:
Workers’ Compensation Insurance, with limits for Coverage
A Statutory-State of North Carolina and Coverage B
Employers Liability $500,000 each accident, disease policy
limit and disease Each Employee;
Commercial General Liability – Combined single limits of no
Less than $1,000,000 each occurrence and $2,000,000
aggregate. This insurance shall include Comprehensive
Broad Form Coverage including contractual liability; and
Commercial Automobile Liability, with limits of no less than $500,000 Combined Single Limit for bodily injury and property damage.
All insurance companies must be licensed in North Carolina and be acceptable to the Town Manager. Insurance Policies, except Workers’ Compensation, shall be endorsed (1) to show the Town as additional insured, as their interests may appear and (2) to amend cancellation notice to 30 days, pursuant to North Carolina law. Certificates of insurance shall be signed by a licensed North Carolina agent and be amended to show “thirty (30) days’ notice of change or cancellation will be given to the Town Manager by certified mail.”
If an “ACORD” Insurance Certificate is used, the words “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company” in the “cancellation” paragraph of the form shall be deleted. Copies or originals of correspondence, certificates, endorsements or other items pertaining to insurance shall be sent to:
13. For each patient transported in 1572 pursuant to this Agreement,
Town of Rolesville
P. O. Box 250
Rolesville, NC 27571
Company will reimburse County pursuant to this agreement on a per-patient-transport basis in an amount equal to the difference between
expenditures made by County for County’s Model EMS system and the
revenues received by County in connection with operation of County’s
Model EMS System, divided by the total number of patient transports in
County in the most recently completed fiscal year, all as further defined
and described in Exhibit 1, “Wake EMS System Revenues and
Expenditures,” which is attached hereto and incorporated herein by
reference for illustrative purposes. Company agrees to remit payment to
County in arrears on the same schedule as (and with) the reports
described in 8, above.
C. Town and Town/Company Responsibilities
1. In the event that Company’s resources are not adequate or sufficient to fully support operation of Company’s second ambulance as described above, Town agrees to provide such financial support as is required to maintain operation of 1572 as described above.
2. Town and Company agree that they are responsible for identifying and defining those conditions that establish the inadequacy or insufficiency of Company’s resources, and the manner in which Town will provide such financial support as is required to maintain operation of 1572 as described above, and agree further that the County bears no responsibility for such financial arrangements or support.
D. Peer Review Committee EMS Resource Deployment Standards
Nothing in this Agreement shall preclude periodic review of Company operations for purposes of determining whether 1572 meets County EMS System Peer Review Committee standards for addition of an ambulance to County’s EMS System. At such time as such standards are met, and County’s Board of Commissioners has agreed to incorporate 1572 Company’s into the County’s EMS system via adoption of an amendment of the 1571 agreement, this Agreement shall, upon execution of such amendment, be immediately null and void.
E. Discontinuance of Operation of Company’s Second Ambulance
Nothing in this Agreement shall preclude Company and Town from jointly deciding to discontinue operation of 1572, provided that such decision is reduced to writing, in the form of written notice to the County not less than thirty (30) days in advance of the effective date of such decision.
The term of this Agreement shall be from July 1, 2007 through June 30, 2009, and shall be automatically renewed for succeeding one-year terms, unless the County, Company and/or Town notify the parties to this Agreement of intent to terminate this Agreement not later than May 31, 2009, or May 31 of any succeeding year the Agreement is in effect, upon 30 days’ notice of breach of the Agreement by any party, or occurrence of the circumstances described in Section E, above.
G. County’s Representative
For purposes of exercise of County responsibilities under this agreement, unless otherwise specified, “County” means County’s Director of Public Safety or his designee, in consultation with County’s EMS System Medical Director.
If any part of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, that part shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Agreement. The Company’s application for the provision of ambulance service shall constitute a portion of this Agreement as fully as if set forth herein, and the Company shall be bound by those statements set forth in its application.
The Company agrees to fully indemnify and hold harmless the County, its officers, agents, employees, boards, commissions and agencies against all loss, liability, claims or actions for damages to persons or property arising out of omissions of the Company, its employees, or agents, or to which the Company’s negligence shall in any way contribute. The Company agrees to pay the reasonable attorneys’ fees and court costs which the County may incur in defending any such claims or actions.
J. Non-Enforcement Not a Waiver
Failure of the County to enforce any of the provisions of this Agreement at any time, or to request performance by the Company pursuant to any of the provisions of this Agreement at any time shall in no way be construed as a waiver of such provisions, nor in any way affect the validity of this Agreement, or any part thereof, or the right of the County to enforce each and every provision.
K. Conflict with Other Agreements
To the extent of any conflict between this Agreement and any other agreement between the County and the Company and/or the Town, the terms of this Agreement shall prevail.
Wake County EMS Subsidy per Patient Transport Methodology
|61 EMERGENCY MEDICAL SERVICES EXPENDITURES|| FY 2005-2006 ACTUAL|
|30||CURRENT OBLIGATIONS & SERVICES|
|40||FIXED CHARGES & OTHER SERVICES|
|55||CONSTRUCTION COSTS CIP|
|88||CHARGES FROM OTHER DEPARTMENTS|
| ||Division Total|
|61 EMERGENCY MEDICAL SERVICES||FY 2005-2006 ACTUAL|
|02||FEDERAL SHARED REVENUES|
|07||LOCAL SHARED REVENUES|
|09||CHARGES FOR SERVICES|
|17||OTHER FINANCING SOURCES|
FY 06 Difference between revenues and expenditures: ($4,845,929)
FY 06 Patients transported: 38,925
FY 06 Wake County subsidy per patient transport: $125.00
ANNEXATION PETITION TO THE TOWN OF APEX FOR PORTIONS OF
THE COUNTY-OWNED FELTONSVILLE LANDFILL PROPERTY
Mr. John Roberson, Department of Facility and Design Services, spoke to the request for annexation petition to the Town of Apex. He stated the County has been notified by the Town of Apex that the Feltonsville property is now contiguous to the Town’s Corporate limits and needs to be annexed into the town in accordance with the Annexation Agreement. They have been working on a new scale house and roadway to the existing landfill. The second part of the request is annexation of this area also which would allow them to provide water and sewer from the Town of Apex.
Upon motion by Commissioner Bryan, seconded by Commissioner Ward, the Board voted unanimously to approve the annexation petition for the County-owned property located at the Feltonsville Landfill as identified on the map.
DISPOSITION OF COUNTY-OWNED SURPLUS PROPERTY AT SITE 23,
LAKE CRABTREE, IN THE CRABTREE CREEK WATERSHED PROJECT
Mr. Mike Aull presented this item and stated that following the previous presentation to the Board, staff has received an upset bid on this property. He said staff had entered into negotiations and asked the Boart to authorize a contract. He said if the deal was not closed within twelve months, the earnest money in the amount of $132,000 or 5% of the purchase price, would be retained by the County. The staff recommends the Board reject all previous offers received prior to April 30th, 2007 which is allowed by General Statute. The County solicited bids and received an offer of $2,640,000 which was $80,000 per acre for the County-owned surplus property at Site 23, Lake Crabtree, in the Crabtree Creek Watershed Project. Staff recommended the Board accept the bid of $2,640,000 for 33 acres from Garen Reeves with 150 day examination period. After one year, if the property has not been closed on, the County would keep the earnest money. The closing would be sixty days after the site plan approval from the Town of Cary, or twelve months after the date of the contract, whichever is earlier. The intended use is for office and institutional development. Wake County will agree to grant an easement or easement to Buyer across adjacent County-owned property for purposes of connecting to a nearby street or streets (the Town of Cary will likely require the Buyer to investigate two alternate access connections to existing streets).
Proposed terms and conditions for the sale of the approximate
33 acres identified as Wake County Tax ID #0186726.
1. Earnest Money deposit in the amount of 5% of the offer to be held by the Clerk, Wake County Board of Commissioners.
2. Balance of purchase price due at closing.
3. Closing shall occur on or before the date that is twelve months after the date the Agreement has been fully executed by both Buyer and Seller.
4. Closing shall not be conditioned upon the Buyer obtaining all regulatory approvals, permits, licenses, subdivision and site plan approval from appropriate governmental authorities.
5. Examination period shall extend through the date that is 150 days after the date the Agreement has been fully executed by both Buyer and Seller.
6. Seller shall convey the property to Buyer by Special Warranty Deed.
7. Wake County will convey easement(s) to Buyer across adjacent County-owned property for purposes of connecting Aerial Center Parkway to other nearby streets. Buyer shall determine the location, width and length of the easements.
8. Buyer will be required to dedicate to the Town of Cary a 40 foot wide sanitary sewer easement as shown on Book of Maps 1984, Page 801, Map No. 4 of 5, Wake County Registry.
9. Within 30 days following the Contract Date, Seller shall deliver to Buyer all surveys and plats, engineering studies, soils and wetland reports, environmental studies, utility studies, copies of deeds, and other documents relating to the Property that the Seller may have in its possession.
10. Seller agrees to cooperate fully with any and all requests for annexation and rezoning that may be necessary to accomplish the intended use as stated herein.
11. Seller is hereby notified that the buyer of this property. Garon Reeves is a licensed real estate broker in North Carolina.
Upon motion by Commissioner Ward, seconded by Commissioner Webb, and the Board voted five to one to reject all offers received prior to April 30, 2007 for the purchase of approximately 33 acres identified as Wake County Tax ID# 0186726 and consider the terms and conditions of an offer from Garon Reeves for the 33 acres in the amount of $2,640,000 for the purchase of this property and if acceptable, to accept the offer subject to the requirements of NC General Statute 160A-269 and terms and conditions acceptable to the County Attorney. An upset bid process would also be required. Commissioner Bryan opposed the motion.
ACQUISITION OF APPROXIMATELY 16.93 ACRES FOR THE
PROPOSED SOUTHEAST WAKE COUNTY PARK
Upon motion by Commissioner Bryan, seconded by Commissioner Brown, the Board voted unanimously to approve the acquisition of approximately 16.93 acres, identified as Wake County Tax ID# 0132377, from Alton A. Kornegay at a purchase price of $142,000 and further authorizes the County Manager to execute the purchase contract on behalf of Wake County, subject to terms and conditions acceptable to the County Attorney.
REALLOCATE PLAN 2000 FUNDS
Mr. Don Haydon said this allocation is to fully fund heating and air conditioning at Wake Forest Elementary School and the Building Program from Plan 2000.
Commissioner Ward noted this information was presented for the first reading.
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:|
|PLAN 2000 Building Program|| || || |
|Wake Forest Elementary|
| || |
|Fuquay Varina Middle|
| || |
| || |
| || || || |
|PLAN 2000 Total|
|PLAN 2000 Total|
|Resolved this 22nd day of May 2007||WAKE COUNTY BOARD OF EDUCATION|
| By: ________________________________|
Patti Head, Chair
| Attest: _____________________________|
Del Burns, Ed.D., Secretary
APPROVING APPROPRIATION OF CIP 2006 FUNDING
FOR SCHOOL CAPITAL BUILDING PROJCTS
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 on May 22, 2007, that the Board of Commissioners approve the appropriation of $17,484,804 to the CIP 2006 Building Program, and
NOW, THEREFORE, BE IT RESOLVED that the Wake County Board of Commissioners hereby appropriates $117,484,804, as listed below:
CIP 2006 Appropriation and Reallocation
Adopted this the 18th day of June 2007.
|Mobile Classroom Relocation and Leasing, 2007thru 2009|
|9th Grade Centers|
|Start-Up for Design of Next Bond Projects|
REPORT ON THE REQUEST FROM WAKE COUNTY
BOARD OF EDUCATION TO APPROPRIATE AND REALLOCATE
CIP 2006 FUNDS
Mr. Don Haydon spoke to each of the items on the CIP 2006 funding request. Program Contingency will help fund the remainder of Cary High project. PC asked if the Board gets a report of what total costs of projects are once projects are complete. Its hard to keep tract of what each project costs when they start moving funds around. He requested a justification on why the projects may run short and need funds moved. Mr Haydon said they are making changes to their website but will be making changes to the change orders and how they are reflected.
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 $17,484,804 for the projects listed below:
|Mobile relocation and leasing for 2008 opening|
|(design and construction for relocated and purchased units)|
|9th Grade Centers for 2008 opening|
|(design and construction for Apex High)|
|Start-up for Design of Next Bond Projects (Wake Forest/Rolesville H.)|
Resolved this 22nd day of May 2007 WAKE COUNTY BOARD OF EDUCATION
Patti Head, Chair
Del Burns, Ed.D., Secretary
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 a resolution adopted on May 22, 2001, that the Board of Commissioners approve the appropriation of $17,484,804 to the CIP 2006 Building Program, and
NOW, THEREFORE, BE IT RESOLVED that the Wake County Board of Commissioners hereby appropriates $117,484,804, as listed below:
CIP 2006 APPROPRIATION & REALLOCATION
Adopted this the 18th day of June 2007.
|Mobile Classroom Relocation and Leasing, 2007 thru 2009|
|9th Grade Centers|
|Start-Up for Design of Next Bond Projects|
Commissioner Coble asked to postpone the appointments until the next meeting. He made a request to receive the appointment materials at least one meeting prior to the expected meeting date to make appointments. He also suggested making nominations and take action on the nominations at a subsequent meeting.
Commissioner Bryan spoke about the ABC Board’s funding of $5.0 million for the Continuum of Care and encouraged them to participate more in that area of need, if possible.
****************** Upon motion by Commissioner Ward, seconded by Commissioner Brown, the Board voted unanimously to recess the meeting until 7:00 p.m. to be reconvened at the Wake County Commons Building, Wake County Office Park, for the purpose of holding a budget public hearing.
Susan J. Banks, Clerk