The Wake County Board of Commissioners met in regular session Monday, April 16, 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; Kenn M. Gardner; Tony Gurley; Betty Lou Ward; and Harold Webb. Member absent was: Paul Coble.
Chairman Gurley called the meeting to order.
Others attending were County Manager, David C. Cooke; Interim County Attorney, Scott Warren; and Clerk to the Board, Mrs. Susan Banks.
PLEDGE OF ALLEGIANCE
Commissioner Betty Lou Ward offered the invocation.
APPROVAL OF AGENDA
Upon motion of Commissioner Ward, seconded by Commissioner Bryan,
the Board unanimously approved the agenda of April 16, 2007.
Upon motion of Commissioner Gardner, seconded by Commissioner Webb, the Board unanimously approved the Minutes April 2, 2007.
PRESENTATION OF NORTH CAROLINA ASSOCIATION OF
COUNTY COMMISSIONERS 2006
OUTSTANDING COUNTY PROGRAM AWARD TO
WAKE COUNTY FOR THE BLUE RIBBON COMMITTEE
ON THE FUTURE OF WAKE COUNTY
Chairman Tony Gurley introduced Mr. Ed Wooters, Membership Director and Michele Love, of the North Carolina Association of County Commissioners, who were presenting the Outstanding County Program Award to Wake County for the work of the Blue Ribbon Committee. Mr. Wooters spoke about the initiative the Board took in setting up the Blue Ribbon Committee and how innovative this project has been for the growth and future of Wake County.
Chairman Gurley explained how the board arrived with the plan for the Blue Ribbon Committee project. Under the leadership of Joe Bryan as Chairman, the board recognized the need to have community leaders involved and 65 community leaders came together as volunteers to look at the needs of Wake County for the future. They looked at infrastructure needs on a long-term basis. Chairman Gurley accepted this award on behalf of the commissioners and the Blue Ribbon Committee members. A meeting will be held on May 2, 2007 of the committee. There was input from other community members which helped this be a community-wide endeavor. The community leaders were encouraged to go meet with the legislators on these issues. Mr. Wooters stated that this is a great example for other counties in North Carolina and nationally.
PRESENTATION OF WAKE 100
BY STUDENTS FROM EXPLORIS MIDDLE SCHOOL
Chairman Gurley introduced Shannon Hardee from Exploris Middle School. They explained their school project. They studied statistics from other countries and then reported on Wake County’s statistics. The students interviewed individuals in Wake County using the statistics of the county population. The students did an excellent report on the relevant statistics.
Mr. David Cooke introduced two retirees, Matilda McBurney and Kathy Rowell. Ms. McBurney has over 28 years of service and works with the Wake County Library. Ms. Rowell came to work with Wake County Health Department in 1977. He expressed great appreciation for jobs well done by both individuals.
WAKE COUNTY GOVERNMENT EMPLOYEE APPRECIATION WEEK
Mr. John Kuhls, Human Services Director, informed the Board of County Government Week. He asked the Board to proclaim April 22-28, 2007 as Wake County Government Employee Appreciation Week and read the proclamation.
Upon motion by Commissioner Ward, seconded by Commissioner Brown, the Board of Commissioners voted unanimously to proclaim April 22-28, 2007 as Wake County Government Employee Appreciation Week.
To proclaim April 22 - 28, 2007 as
Wake County Government Employee Appreciation Week
Whereas, the week of April 22-28, 2007, has been declared National County
Government Week; and
Whereas, Wake County strives to be a place where people are self-sufficient, enrich their lives, respect the environment, appreciate their heritage, participate in government and plan for a better tomorrow; and
Whereas, Wake County Government has over 3,550 employees who provide a wide array of services that demonstrate Wake County’s Values within the organization and to our citizens; and
Whereas, County employees strive each day to provide excellent customer service and seek to improve service through program enhancements and individual self-development; and
Whereas, the Wake County Board of Commissioners recognizes that employees are the key to the success of Wake County; and
Whereas, the Wake County Board of Commissioners wishes to express its gratitude and appreciation to the employees of Wake County Government for helping make Wake County “A Great Place to Live, Work, Learn and Play.”
Therefore, It is announced that the Wake County Board of Commissioners proclaims the week of April 22-28, 2007 as “Wake County Government Employee Appreciation Week” and encourages all persons in Wake County to honor and salute these dedicated employees.
Adopted this the 16th day of April 2007.
Tony C. Gurley, Chair
Wake County Board of Commissioners
RECOGNITION OF THE WAKE COUNTY PROCUREMENT SERVICES DEPARTMENT
FOR RECEIVING THE SUSTAINED PROFESSIONAL PURCHASING AWARD
Mr. David Cooke recognized Mr. Tom Wester, Melissa England, Melinda Canady, and Scott Hanner achieved recognition in North and South Carolina and have won the sustained professional purchasing award for the third year in a row. Angela Buffaloe is also part of the staff that won this award but was not able to be present.
INTRODUCTION OF HUMAN SERVICES DIRECTOR
Mr. Cooke introduced Ramon Rojano, as the new Human Services Director, to the board and public. He started work this week. He has come to Wake County from Hartford, Connecticut. Mr. Rojano thanked everyone who initially embraced him in this environment. He said he has met at least 600 of his 1700 member staff. He noted he already has plans for the department.
UPDATE ON THE FEED THE BIN SCHOOL RECYCLING PROGRAM
Mr. Jim Reynolds, Solid Waste Director, reported on a countywide recycling program for the schools. They provide recycling and coordinated disposal of waste. When a student graduates from school, they expect the students to know how to recycle and what is recyclable in Wake County. Staff of the Solid Waste Division of Environmental Services has been to 38 sites, with 25 to 30 more schools to be added. Only 18 schools are left to be added. This program has a strong education component. For 2006-2007, 678,082 pounds have been recycled. Students are encouraged to be part of the process. They gave 476 presentations over the last year.
The newest program is Compost Carnival Pilot. They also provide teacher education training and provide tools for them to use in teaching the programs. The program is a partnership with the schools, News and Observer and other state programs. A “Feed the Bin” water bottle and promotional materials were presented to board members and staff.
PUBLIC HEARING ON THE REMOVAL OF TERRITORY FROM THE
DURHAM-WAKE COUNTIES RESEARCH AND PRODUCTION SERVICE DISTRICT
Mr. Scott Warren introduced the item stating that proper procedures have been followed in relation to advertisements and notice.
The public hearing was opened by Chairman Gurley. Ms. Liz Rooks, representing Research Triangle Park Foundation, said they are only requesting approval of the 11.6 acre tract today. The 15 acre tract needs to be postponed. The 11.6 acres is intended for residential development. The RTP Board of Directors has approved this request and the property has been removed from the restrictive covenants. Ms. Rooks said the Board could hold the hearing on both parcels today since the public hearing was advertised for both parcels but hold off on removing the 15 acres from the RTP. There are some issues with Durham’s Planning Department concerning the 15 acres and whether it can be used for residential use.
Mr. Warren said the public notice advertisement speaks to both parcels but the resolution only speaks to one parcel because staff was informed prior to the agenda being finalized. Ms. Rooks said she does not know if the 15 acre tract will go forward based on communications with Durham County. Ms. Rooks said that both parcels could be approved contingent upon the approval by the Durham Board of Commissioners. The statute limits it to residential use. The 11.6 acres is part of Davis Park. The 15 acres tract is floodplain they anticipate it being open space. No one else came forward to speak. Chairman Gurley closed the public hearing.
Upon motion by Commissioner Ward, seconded by Commissioner Brown, the Board of Commissioner voted unanimously to approve the resolution.
Mr. Warren said this motion approved the first tract with the second tract to be used as residential uses only.
STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN RE: REMOVAL OF )
TERRITORY FROM ) AFFIDAVIT OF NOTICE BY
DURHAM-WAKE ) FIRST CLASS MAIL
COUNTY RESEARCH ) IN ACCORDANCE WITH
AND PRODUCTION ) N.C.GEN.STAT. § 153A-314.1
SERVICE DISTRICT )
Susan Banks, being first duly sworn, deposes and says:
1. That I am Clerk to the Wake County Board of Commissioners in Wake County, North Carolina.
2. Mack Paul, an attorney with the law firm Kennedy Covington Lobdell & Hickman, L.L.P. (“KCLH”), on behalf of East West Partners, developers of Davis Park, and Elizabeth H. Rooks, Executive Vice President of Research Triangle Foundation, are assisting the Wake County Board of Commissioners and the Research Triangle Foundation in the removal of territory (the “Property”) from the Durham-Wake County Research and Production Service District.
3. That the Research Triangle Foundation, or an affiliated entity, owned and managed the Property on January 1, 2007.
4. That, in accordance with N.C. Gen. Stat. § 153A-314.1, on March 30, 2007, a copy of the Notice of Hearing was served upon Elizabeth H. Rooks, Executive Vice President of Research Triangle Foundation, via First Class Mail, addressed to Ms. Rooks as follows:
5. A copy of the Notice of Hearing is attached hereto as Exhibit A, and is incorporated herein by reference.
Elizabeth H. Rooks
Executive Vice President
Research Triangle Foundation
P.O. Box 12255
Research Triangle Park, NC 27709-2255
6. The above is true and correct to the best of my knowledge.
This the 16th day of April, 2007.
STATE OF NORTH CAROLINA
COUNTY OF WAKE
SWORN TO AND SUBSCRIBED before me
this ___ day of April, 2007.
Notary Public Signature
My Commission Expires:
RESOLUTION REMOVING TERRITORY FROM
THE DURHAM-WAKE RESEARCH AND PRODUCTION
WHEREAS, pursuant to North Carolina General Statute § 153A-314.1, the Wake County Board of County Commissioners (the “Board”) is duly authorized to remove territory from the Durham-Wake County Research and Production Service District; and
WHEREAS, the Research Triangle Foundation has identified a portion of PIN 0737-03-87-8064 containing +/- 11.63 acres, located on the east side of Jenkins Road north of Hopson Road (the “Hopson Road Property”), as territory within the Durham-Wake County Research and Production Service District not suitable to be developed for research or research applications purposes; and
WHEREAS, the Research Triangle Foundation has also identified a portion of PIN 0737-02-58-1997 containing 15.201 acres, located on the west side of T.W. Alexander Drive (the T.W. Alexander Drive Property”), as territory within the Durham-Wake County Research and Production Service District not suitable to be developed for research or research applications purposes; and
WHEREAS, those Owners and Tenants of Research Triangle Park present at a duly noticed meeting of the Owners and Tenants’ Association on March 8, 2007 voted unanimously to release the Hopson Road Property and T.W. Alexander Drive Property from the restrictive covenants governing land use and development within the Research Triangle Park; and
WHEREAS, the Research Triangle Foundation has provided the report and other documentation required by N.C.G.S. § 153A-314.1 to the Board; and
WHEREAS, the Hopson Road Property is adjacent to another development which currently is being developed for residential purposes; and
WHEREAS, the Hopson Road Property is suitable for residential development; and
WHEREAS, the T.W. Alexander Drive Property is adjacent to another development which may be developed for residential purposes; and
WHEREAS, the T.W. Alexander Drive Property is or may be suitable for residential development; and
WHEREAS, all of the owners of the Hopson Road Property and T.W. Alexander Property to be removed have petitioned for removal; and
WHEREAS, the owners of the Hopson Road Property and T.W. Alexander Road Property contemplate placing residential uses on some of the territory to be removed; and
WHEREAS, the Hopson Road Property and T.W. Alexander Road Property no longer require the services, facilities or functions financed, provided for or maintained by the Durham-Wake County Research and Production Services District;
NOW, THEREFORE, THE WAKE COUNTY BOARD OF COMMISSIONERS DOTH RESOLVE:
1) The Hopson Road Property is hereby removed from the Durham-Wake County Research and Production Service District, with the Property more particularly described as follows:
Beginning at an iron pipe in the intersection of the common property line of TMC Associates, LLC, Research Triangle Foundation of North Carolina and the proposed right of way of Triangle Parkway, said point also lying on the south side of a Duke Power right-of-way recorded in Book 1227, Page 978, Durham County Registry, said point being the POINT OF BEGINNING; thence along the southern margin of said right-of-way North 48°07'13" East 797.62 feet to existing iron pipe, said iron pipe being a control corner with coordinates of N=776,590.79, E=2,039,703.85 as shown on that plat by Ballentine Associates, P.A. dated February 16, 2005 and recorded in Plat Book 169, Page 238, Durham County Registry; thence leaving the margin of said right-of-way and proceeding South 03°15'46" West 840.14 feet to an existing iron pipe; thence South 86°57'08" West 423.66 feet to an existing iron pipe; thence North 22°41'23" West 177.65 feet to a point; thence along a simple curve to the right having a Radius of 14,650.00 feet, an arc Length of 173.70 feet and a Chord of North 18°16'18" West 173.70 feet to an iron pipe, said point being the POINT OF BEGINNING, and containing 7.08 acres, more or less; and
Beginning at an iron pipe in the northeast corner of the property, said corner being in the property line of TMC Associates, LLC and from said POINT OF BEGINNING South 03°15'46" West 50.00 feet to an existing iron pipe, said iron pipe being a control corner with coordinates of N=775,701.80, E=2,039,853.17 as shown on that plat by Ballentine Associates, P.A. dated December 2, 2005 and recorded in Plat Book 171, Page 48, Durham County Registry; thence South 06°05'48" West 8.73 feet to an existing iron pipe; thence South 02°18'32" West 221.03 feet to a point; thence South 02°11'23" West 161.33 feet to an existing iron pipe; thence South 01°49'30" West 170.58 feet to an existing iron pipe; thence South 03°04'57" West 216.22 feet to an existing iron pipe; thence South 02°19'56" East 94.56 feet to an existing iron pipe; thence South 01°59'52" East 9.50 feet to an existing iron pipe; thence South 00°58'38" West 7.30 feet to an iron pipe; thence North 27°23'41" West 93.58 feet to an iron pipe; thence North 22°41'23" West 902.57 feet to an iron pipe; thence North 86°57'04" West 423.66 feet to an iron pipe, said point being the POINT OF BEGINNING, and containing 4.55 acres, more or less.
2) The T.W. Alexander Drive Property is hereby removed from the Durham-Wake County Research and Production Service District, with the Property more particularly described as follows:
State of North Carolina, County of Durham, Township of Triangle, BEGINNING at a concrete monument control point (N = 778,958.367; E = 2,035,334.823) on the Western right-of-way line of T. W. Alexander Drive and thence running along the Western right-of-way line of T. W. Alexander Drive N 20°20’ W 249.90 feet to a point; thence continuing along a curve of the Western right-of-way line of T. W. Alexander Drive approximately 359.22 feet to a point, the Southeast corner of property now or formerly owned by Stonesthrow Apartments LLC (Book 2499, page 658, Durham County Registry); thence turning and leaving the Western right-of-way line of T. W. Alexander Drive and running along the Southern property line of Stonesthrow Apartments N 88°37’03” W 688.11 feet to a point in the Eastern property line of another tract owned by Stonesthrow Apartments (Book 2499, page 658, Durham County Registry); thence turning and running along the Eastern property line of Stonesthrow Apartments S 1°10’ W 2,109.57 feet to a point in the Western right-of-way line of T. W. Alexander Drive; thence turning and running along the Western right-of-way line of T. W. Alexander Drive following a curve having a chord of N 24°53 E 1,313.28 feet, a delta of 6°36’48”, and a radius of 11,384.156 feet to the POINT AND PLACE OF BEGINNING, and being that approximately 15.201-acre tract located on the West side of T. W. Alexander Drive owned by Triangle Service Center, Inc. and designated by the Durham County Tax Administrator as Parcel 154122 and PIN 0737-02-58-1997.
3) This Resolution is effective upon adoption by the Board on April 16, 2007.
Tony Gurley, Chair
Susan Banks, Clerk to the Board
ITEMS FOR CONSENT AGENDA
Upon motion by Commissioner Ward, seconded by Commissioner Webb, the Board of Commissioners voted unanimously to approve the items for consent as presented.
CONVEYANCE OF A UTILITY EASEMENT TO PROGRESS ENERGY CAROLINAS, INC.,
ACROSS PROPERTY JOINTLY OWNED BY WAKE COUNTY AND
THE BOARD OF EDUCATION
Specific Action Approved: The Board of Commissioners approves the conveyance of a 30-foot wide utility easement for overhead facilities and a 10-foot wide utility easement for underground facilities across property jointly owned by Wake County and the Board of Education to provide service to the new Banks Road Elementary School.
ACCEPT $73,520 IN ADDITIONAL WORKFORCE DEVELOPMENT FUNDS
FOR INCUMBENT WORKFORCE TRAINING
Specific Action Approved: The Board of Commissioners accepts $73,520 for the Workforce Development Project Ordinance with the appropriate budget revisions to increase appropriations in the Workforce Development Special Revenue Fund.
ACCEPT $42,787 IN ADDITIONAL FUNDING FROM THE
NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES
FOR THE HOME AND COMMUNITY CARE BLOCK GRANT
Specific Action Approved: The Board of Commissioners accepts $42,787 of Home and Community Care Block Grant funding and adjusts the budget accordingly.
LICENSE AGREEMENT AMENDMENT WITH AQUA, NORTH CAROLINA
FOR THE 800 MHZ EMERGENCY RADIO COMMUNICATIONS SYSTEM
Specific Action Approved: The Board of Commissioners:
1) Approved an amendment to the License Agreement with Aqua NC for the placement of antennae and mounting structure on the Bayleaf-Norwood elevated water tank subject to terms and conditions acceptable to the County Attorney;
2) Approved payment to Aqua NC in the amount of $10,000 in accordance with the License Agreement Amendment; and
3) Authorized the County Manager to execute the License Agreement Amendment on behalf of Wake County.
AMENDMENT NO. 1 TO C0-LOCATION LICENSE AGREEMENT
THIS AMENDMENT NO 1 (“AMENDMENT”) is made on this ____day of April 2007, between AQUA, North Carolina, successor in interest to Heater Utilities, Inc., I (hereinafter referred at as “LICENSOR”) and WAKE COUNTY, a body politic and corporate of the State of North Carolina (hereinafter referred to as “LICENSEE”).
LICENSOR owns a certain parcel of property located in Wake County and being the Elevated Water Tank Lot on map recorded Book of Maps 1996, Page 1008, Wake County Registry, Wake County, State of North Carolina (hereinafter referred to as “the Licensed Premises”) as shown on Exhibit “A”, and LICENSOR owns an elevated water storage tower (hereinafter referred to as the “Tower”) erected on the Licensed Premises. LICENSOR and LICENSEE entered into a CO-LOCATION LICENSE AGREEMENT (“AGREEMENT”) on March 6, 2003 which is recorded in Book 10112 at Page 578 at the Wake County Register of Deeds.
LICENSEE has requested and LICENSOR has agreed to amend the AGREEMENT to the extent that the description of antennas placed on the Tower will be superceded as follows:
|1.||Remove two (2) existing DB 564 antennae mounted on tank catwalk;|
|2.||Install 12-post antenna corral mount on top of tank;|
|3.||Install four (4) new Sinclair SC-488 transmit antennae on corral mount;|
|4.||Install two (2) new amplifiers and associated Sinclair SC-488 receive |
antennae on corral mount.
FURTHER, the AGREEMENT is amended to reflect an additional one time license fee within thirty days of the date of this agreement, the sum of ten thousand and no/100 dollars ($10,000.00).
All other terms, conditions specifications and recitals in the AGREEMENT remain unchanged and in full effect. It is the intent of the LICENSOR AND LICENSEE to leave the AGREEMENT referenced above and entered into on March 6, 2003 unchanged except the aforementioned modifications to antennae description and rental sum.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals by persons authorized to executive this agreement, the day and year first above written.
By: Neil R. Phillips, President
___________________________, Assistant Secretary
LICENSEE: _________________________________ By: _________________________________________
STATE OF NORTH CAROLINA
COUNTY OF WAKE
I, ________________________, a Notary Public for said county and state do hereby certify that ____________________________, personally appeared before me this day and acknowledged that she is Assistant Secretary of AQUA North Carolina, a corporation, and that by authority duly given and as the act of the corporation the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by herself as its Assistant Secretary.
Witness my hand and official seal this _________day of ____________, 2007.
My Commission Expires: ______________________________
· Forrest Horne stated he needs help with the school system. His home is in the Lacy School area and there are plans to demolish the school. He feels there are health and safety issues with the plan that has been decided on for the Lacy School. He was especially concerned with putting a soccer field right on the edge of Ridge Road and Lake Boone Trail. The schools personnel have not looked at the change in traffic patterns once the school buses loop in front of his house and other homes. He said the architects have no knowledge of this area and what the effects may be on traffic. There were 5 other alternatives that were acceptable. He’s not getting any support from the schools about his concerns. His wife was president of Lacy PTA and they have three children that have been through that school.
· Kent Goddard said he is a mental health consumer and talked about being mentally ill and homeless. He said mentally ill people need medicine and if they are homeless they have no where to keep their medicine. He was asking for supportive housing for homeless and mental health consumers.
· Steve Church spoke in support of Mr. Goddard’s request. He stated in the past he had a long term memory loss and Dix gave him a place to go. When you are mentally ill, you never get to go on vacation and no one wants you as a responsibility. Wake should not be behind other counties in caring for the mentally ill. There needs to be an overhaul in the system.
· Debra King asked the board to help with the critical need for supportive housing for mentally ill clients. People living on $604 per month need stable housing. With mental health reform and Dix closing, the situation has worsened. The county needs to support this need for housing. She pledged Casa will help with this area of need.
CONSIDERATION OF COMMUNITY CAPITAL FUNDING
FOR ALLIANCE MEDICAL MINISTRY
Dr. Susan Weaver, Director of Alliance Medical Ministry, said they need to be cared for in a way that minimized the need for trips to the emergency room. They provide care for about 5,000 clients in the county. They are into a capital program with an expansion of the new facility and new patients.
Upon motion by Commissioner Gardner, seconded by Commissioner Brown, the Board of Commissioners voted unanimously to allocate Community Capital funding in the amount of $750,000 to Alliance Medical Ministry and authorize the County Manager to enter into a Memorandum of Agreement with Alliance Medical Ministry.
She reviewed their programs and partnerships with hospitals. They have wellness programs for primarily teenagers. Chairman Gurley asked about their request and future funding sources. This is a first request. Funding comes from surrounding hospitals and 50% from private donations. Clients pay $10 per visit and these are not Medicaid eligible services. They partner with WakeMed Hospital. She stated that 57% of their patients were below needing an emergency room level visit. At least 600 people are referred to this clinic per month.
REALLOCATE PLAN 2000 FUNDS
Mr. Don Haydon presented a second reading to reallocate Plan 2000 funds. There are eleven projects.
Upon motion by Commissioner Bryan, seconded by Commissioner Webb, the Board of Commissioners approved the second reading of the request from the Board of Education to 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.
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
|Brassfield Elementary Start Up|
|North Garner Middle|
|Turner Creek Elementary|
|Fox Road Elementary|
|Penny Road Elementary|
|Holly Ridge Elementary|
|PLAN 2000 Total|
|PLAN 2000 TOTAL|
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 March 6, 2007, that the Board of Commissioners approve the reallocation of $546,458 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:
Adopted this the 16th day of April 2007.
PLAN 2000 Building Program
|Brassfield Elementary Start Up|
|North Garner Middle|
|Turner Creek Elementary|
|Fox Road Elementary|
|Penny Road Elementary|
|Holly Ridge Elementary|
|PLAN 2000 Total|
|PLAN 2000 TOTAL|
LAND ACQUISITION FOR A MIDDLE SCHOOL IN NORTHWEST CARY M-10
Mr. Robert Hinson said the Town of Cary has supported this site. The Town of Cary and the Board of Education are sharing in the cost of infrastructure for this project. Wake County Public Schools System will be responsible for all cost related to subdivision of the property and the development of the elementary schools. The estimated cost for the Town of Cary is the same for the infrastructure, $812,500. The Town of Cary would like to request from the county, funding in the amount of $250,000 from the County’s Community Sue of Schools Capital fund for park infrastructure development funding to further the partnership between the Town, Wake County Public School System and the County.
Upon motion by Commissioner Ward, seconded by Commissioner Bryan, the Board voted unanimously to approve the request from the Board of Education to acquire land for the Middle Schools (M-10) in Northwest Cary and further to approve the $250,000 for infrastructure for this school.
Commissioner Gardner praised Mr. Haydon on this project.
STATE OF NORTH CAROLINA
COUNTY OF WAKE
THIS AGREEMENT is made and entered into this ____ day of December, 2006, by and between the Wake County Board of Education (Board) whose address is Wake County Board of Education, Real Estate Services, Attn: Betty L. Parker, Director, 1551 Rock Quarry Road, Raleigh, NC 27610, the Town of Cary, NC (Town) whose address is Post Office Box 8005, Cary, NC 27512-8005, and Panther Creek – Raleigh Limited Partnership, a North Carolina limited partnership (PC-R) whose address is 190 Finley Golf Course Road, Chapel Hill, NC 27514.
WHEREAS, PC-R, the developer of the Cary Park Planned Unit Development (“Cary Park”), to further its interests in developing Cary Park and Town policies and objectives for planned growth and economic development, entered into an Agreement dated November 16, 2001 (“2001 Agreement”) with Town whereby PC-R agreed, among other things, to ‘provide the amount of $5,500,000.00 for the construction of an elementary school (the “School”) on the Hawes Tract which obligation was secured by a letter of credit, a copy of which is attached hereto as Attachment A (“Existing Letter of Credit”); and
WHEREAS, the Town acquired the tract of land known as the Hawes Tract, which is located on Green Level to Durham Road (S.R. 1625) in Cary, and which is in close proximity to Cary Park. The Town has stated its intention to convey a portion of this tract at no cost to the Board for construction of an elementary school; and
WHEREAS, parties had an initial site in mind for an elementary school which site posed development problems, and Town and Board have identified a new portion of Hawes Tract for elementary school; and
WHEREAS, it was originally contemplated that Town would assign Existing Letter of Credit to the party building the elementary school; and
WHEREAS, Board desires to build the elementary school on Hawes Tract, and the parties desire to alter their agreements such that PC-R will obtain a new letter of credit drawn on a North Carolina bank to secure payment of the $5,500,000 to the Board for construction of School, and if Board does not construct School as provided herein, pay such funds to Town; and
WHEREAS, if Board does not construct an Elementary School as provided herein, that Board will reconvey the Elementary School site to Town in exchange for the amounts initially paid by Board to Town for its acquisition as specified hereinbelow; and
WHEREAS, Board also desires to build a Middle School on the Hawes Tract, and Town and Board desire to confirm their agreements that Town will provide land therefore at a cost that is substantially below market value, and that if Board does not construct a Middle School as provided herein, that Board will reconvey the Middle School site to Town in exchange for the amounts initially paid by Board to Town for its acquisition as specified hereinbelow; and
NOW THEREFORE, in consideration of the mutual goals and promises contained herein, and the mutual benefits to result, the parties agree as follows:
1. The recitals set forth above are incorporated into this Agreement.
2. The purpose of this Agreement is to facilitate construction by Board of a public elementary school on the Hawes Tract with funds provided by PC-R, together with up to 20 acres of land provided by Town of Cary at no cost. To this end, the Town and PC-R hereby revise the payment provisions and letter of credit requirements of paragraph 1 (a) of 2001 Agreement to reflect (1) the Board shall build the School; (2) PC-R shall pay $5,500,000 directly to Board in installments upon presentment by Board to PC-R of invoices for design and construction costs; (3) PC-R shall pay $5,500,000.00, less all amounts PC-R disburses to Board pursuant to the provisions hereof, to Town on or before November 1, 2011 if a School is not constructed as set forth herein; and (4) PC-R shall secure the obligations set forth in (2) and (3) above by a new irrevocable self-renewing letter of credit issued by a North Carolina bank (securing the payment obligations to both Town and Board as described herein) and acceptable to the parties. The parties agree to work together in good faith toward achieving the purpose of this Agreement.
3. Board shall build a public elementary school as described herein on approximately twenty (20) acres of the Hawes’ Tract and generally in the location shown as “Proposed Elementary School Site” on the concept plan attached hereto as Attachment B and incorporated herein by reference (hereinafter referred to as “School”). PC-R shall provide the amount of five million five hundred thousand dollars ($5,500,000) for the Construction of School upon presentation of invoices as provided below. Board shall provide additional funding to PC-R’s $5,500,000 such that total funding from PC-R and Board will construct an elementary school with a permanent capacity of not less than 650 students. In the event that School is not constructed by August 1, 2011, Board shall, on or before August 1, 2011, pay to Town without demand all sums Board previously received from PC-R and PC-R shall, on or before November 1, 2011 pay to Town $5,500,000.00 less all amounts PC-R previously disbursed to Board.
To the extent of $5,500,000, PC-R shall provide for the payment of design and construction costs for School as follows:
a. Upon Board’s securing building permit for School and breaking ground on the School Site, Board shall on a monthly basis submit copies of invoices for design and construction costs for School to PC-R and PC-R shall advance to Board sufficient funds to cover the sum of all such invoices (“Monthly Installment”), until $5,500,000 has been advanced to Board. All invoices shall be sent by Board to :
Panther Creek-Raleigh Limited Partnership
East West Partners
190 Finley Golf Course Road
Chapel Hill, NC 27514
With copies to Town, if requested:
Town of Cary
Post Office Box 8005
Cary, NC 27512-8005
b. The School will be initially constructed to accommodate not less than six hundred fifty (650) students, grades K-5. The actual capacity of the school may vary depending upon the class sizes that will be determined by the instructional program.
c. The School building is to consist of at least ninety thousand (90,000) square feet of floor area.
All payments shall be made payable to the Wake County Board of Education and sent by PC-R to Board to:
As originally provided in paragraph 1 (a) of the 2001 Agreement, PC-R shall pay the total amount of the Board-submitted invoices to the Board within thirty (30) days of receipt by PC-R. In the event any Monthly Installment is not timely paid, the Board may draw upon the New Letter of Credit provided for herein securing PC-R’s obligation to pay.
Wake County Board of Education
C/O Wake County Public School System
Attn: Mark Winters, Finance Officer
3600 Wake Forest Road
Raleigh, N.C. 27609
Should PC-R advance to Board design and “start up” funds and Board fail to initiate and complete construction under terms and conditions of this Agreement, Board shall pay to Town the total amounts advanced by PC-R. Such payment to Town shall be made within sixty (60) days of the earlier of any decision not to build School, Board’s abandonment of School construction (which shall mean failure to diligently pursue construction for any period of ninety (90) days or more), or August 1, 2011, if School is not built. In the event School is not built as provided herein, PC-R shall pay Town $5,500,000 in cash less all amounts previously disbursed to Board, which payment obligation shall be secured by New Letter of Credit, and the New Letter of Credit will be canceled upon Town’s receipt of $5,500,000 less all amounts previously disbursed to Board. If such funds are not paid to Town by November 1, 2011, the Town may draw upon the New Letter of Credit provided for herein securing PC-R’s obligation to pay.
d. The School will be constructed to meet Wake County Public School System’s standards in effect at the commencement of construction and will consist of such facilities as the Board in its discretion deems beneficial or necessary to fulfill its program standards and accomplish the education goals set for the School.
e. The Board shall build School with a projected August 1, 2009 school opening date.
4. Within thirty days of Board’s written notice to the Town of Board appropriation of money for School construction and recordation by Board of a subdivision map, the Town shall convey to Board fee simple title to an approximately 50 acre tract (“Tract”) on Hawes Tract (generally in the location shown on the concept plan attached hereto as Attachment B, which consists of an approximate 20 acre Elementary School site (Site) and an approximate 30 acre building site for a future Board Middle School (Middle School Site). The 20 acre Site shall be conveyed at no cost to Board. Site is further identified as “Elementary School Site” on Attachment B, which is attached hereto and incorporated herein by reference. Board shall pay Town $21,225.00 per acre for all acreage in excess of 20 acres of Tract and shall pay all surveying, closing costs and other costs and expenses associated with this land transfer. Board shall bear the costs and expenses of preparing and recording a subdivision map that divides the Hawes parcel and specifically identifies the Tract, and also dedicates the new road that will extend from the western property line of Green Level to Durham Road to the southern property line of the Hawes parcel adjacent to the MI Homes property (“New Road”) as shown on the Concept Plan.
5. Should the Town convey Tract to Board and Board fails to initiate and complete School construction on School Site under terms and conditions of this Agreement, Board shall re-convey the Tract to Town upon payment by Town of an amount equal to the purchase price paid by Board. The Tract shall be re-conveyed without any encumbrances that attached during the Board’s period of ownership except those mandated by the Town and approved by the Town. The Tract shall be re-conveyed to Town at the earlier of sixty (60) days after Board’s decision not to build School or Board’s abandonment of School construction, or October 1, 2011. Board agrees to execute such agreements, deeds and instruments as Town may deem necessary to effect the purposes contemplated herein, including a Memorandum in recordable form evidencing this obligation to reconvey. Board agrees that this Agreement to reconvey shall survive the closing and may be enforced through specific performance. As to the potential reconveyance of the Middle School Site, see paragraph 15 hereinbelow.
6. Any utility easements customarily granted to the Town by Board in the process of development of land and for construction thereon of a public school will be provided by the Board at no costs to the Town. Any utility easements customarily granted to the Board by the Town in the process of development of land and construction thereon of a public school will be provided by the Town at no costs to the Board.
7. Contemporaneously with the execution of this Agreement, PC-R shall provide to Town and Board an irrevocable and self-renewing standby Letter of Credit (issued in duplicate so that an original is provided to both Town and Board) in a form substantially equivalent to the Existing Letter of Credit, drawn on a North Carolina bank in the amount of $5,500,000 (“New Letter of Credit”). Such New Letter of Credit shall secure the obligations of PC-R hereunder, and specifically: (1) to secure payment to Board of funds up to $5,500,000 for the design, construction, and furnishing of the School on Site; and (2) in the event School is not constructed on Site by Board, to secure payment to Town of any and all funds, up to $5,500,000.00, less all amounts previously disbursed to Board. Upon the issuance of New Letter of Credit, Existing Letter of Credit may be cancelled. PC-R shall maintain New Letter of Credit in force as long as any portion of its obligation hereunder remains unsatisfied. If at any time PC-R fails to renew the New Letter of Credit at least thirty (30) days prior to a respective expiration date of the New Letter of Credit and a portion of its obligation remains unsatisfied, the New Letter of Credit may be presented for payment and shall be payable in full to Town and Board on the sixth business day following presentment. Upon receipt thereof, Town and Board shall disburse the funds in accordance with the provisions of this Agreement. At any time prior to such sixth business day, the New Letter of Credit may be reissued or replaced, in which event such presentment shall be deemed cancelled. If at any time before November 31, 2011 the New Letter of Credit shall expire and the obligation of PC-R remain unsatisfied, the New Letter of Credit shall be immediately reinstated by PC-R.
8. The Board is responsible for approving a student assignment plan for the new School, within the constraints of law. The approved plan will designate 200 student seats of the total number of seats available in the School, to which designated seats students who permanently reside in Cary Park will have first priority for assignment. If at the time the school initially opens there is not a sufficient number of students who permanently reside in Cary Park to fill the 200 designated seats, the Board may assign students who permanently reside outside of Cary Park to fill the available designated seats. Once the seats designated for students who permanently reside in Cary Park are filled by students who permanently reside outside of Cary Park, the Board will not be required to displace the assigned students. As seats become available at the school, students who permanently reside in Cary Park will have first priority to the seats for assignment, until the total number of students assigned to the School who permanently reside in Cary Park fully populate the 200 seat designation.
9. Town and Board shall agree upon the location and design, and shall share equally in the cost of design and construction of the road from the western property line of Green Level to Durham Road to the southern property line of Hawes tract adjacent to MI Homes property (“New Road”). Town and Board shall agree upon the location and design, and shall share equally in the cost of design and construction of a water line along New Road from the western property line of Green Level to Durham Road to the southern property line of Hawes tract adjacent to MI Homes property (“Water Line”). Board shall be responsible for all costs of extending water line from Tract boundary to School Site. Board is responsible for all other development costs including those related to utility extensions. Additionally, Town and Board shall agree upon the location and design, and shall share equally in the cost of design and construction of the shared drive access that will extend from the New Road in an easterly direction and that is contemplated to serve both Middle School traffic and Park traffic, as shown on the Concept Plan.
Other than as stated, the Board shall be responsible for the cost and installation of all improvements needed in the planning and construction of the School.
10. The Board is responsible for making its own connection to water and sewer lines. It shall also be responsible for such development requirements, approvals and fees as are customarily charged in the process of the development of land and construction thereon of a public school.
11. The proposed School Site shall be subject to reasonable site review and approval by the school system’s facilities staff, and shall be sufficient in size to meet the building requirements, including any new or expanded Cape Fear River basin buffer requirements, storm water management regulations, and limits on nitrogen level discharges as required by the State of North Carolina and/or the Town of Cary, North Carolina. Unless specifically raised prior to conveyance of the Tract, Board shall be deemed to have approved the Site in these respects.
12. The Site will be subject to environmental and geotechnical review by Board at Board’s expense and shall be zoned appropriately for the intended new School [and community park uses]. Unless specifically raised prior to conveyance of the Tract, Board shall be deemed to have approved the Site in these respects.
13. Board, its agents, employees or other representatives shall have the right during the term of this Agreement to go upon the Site for the purpose of making such surveys, engineering, topographical, geological and other tests and measurements including, but not limited to, soil tests, percolation tests and subsoil tests as Board deems necessary or advisable. Board agrees to return the Site to as near its original condition as is possible after completion of tests the Board or its agents conduct on the Site. Board indemnifies and holds Town harmless from loss, cost, damage or expense resulting from Board’s activities on Site for purposes contained herein. Such due diligence measures are sought to be performed prior to transfer of title of the Tract to Board, so that work can begin immediately upon transfer of title in a good faith effort to timely complete the School for opening.
14. Board and Town shall work jointly to coordinate the development of Middle School Site with a park site, and shall use their best efforts to enter into joint use agreements pertaining to the use of the respective sites.
15. Board must begin construction (obtain a building permit and commence construction work on Middle School Site) of a Middle School on or before August 1, 2011, or Middle School Site property (all acreage over the 20 acres used in development of elementary School) shall be re-conveyed to Town for the price paid by Board with no encumbrances that attached during the Board’s period of ownership other than those agreed to by Town. Board agrees that, if it has not begun construction of Middle School by the time a certificate of occupancy is issued for the School, Board will, at any time a written request for such is is received from Town, subdivide the Tract so that there exists a legal lot that is School Site (approximately 20 acres) and a legal lot that is Middle School Site. The Middle School Site shall be re-conveyed to Town at the earlier of sixty (60) days after Board’s decision not to build School or Board’s abandonment of School construction, or October 1, 2011. Board agrees to execute such agreements, deeds and instruments as Town may deem necessary to affect the purposes contemplated herein, including a Memorandum in recordable form evidencing this reconveyance obligation. The Board agrees that this obligation to reconvey survives the closing and may be enforced by specific performance. In the event any defense is raised to an action for specific performance, Board agrees that the value of Middle School Site shall be it’s fair market value on August 1, 2011.
16. Except as specified herein, and except as to paragraphs 4, 5, 6, 9, 10, 11, 12, 13, 14 and 15, this Agreement may be modified only by written agreement of all parties hereto. As to paragraphs 4, 5, 6, 9, 10, 11, 12, 13, 14 and 15, this Agreement may be modified only by written agreement of Town and Board. Unless otherwise provided herein or agreed in writing, the Town’s offers to convey property described herein shall terminate on December 31, 2009. PC-R’s obligation to pay Town $5,500,000 if School is not built shall expire unless demand for payment is made by November 15, 2011. Board’s obligations to pay to Town sums advance to Board if School is not timely constructed and to re-convey property as stated in paragraphs 5 and 15 and any other obligation that by its nature is intended to be performed after closing shall survive closing and termination of this Agreement.
17. Title must be delivered at closing by Special Warranty Deed and must be fee simple marketable title, free of all encumbrances and assessments, except utility easements and unviolated restrictive covenants, neither of which materially affect the value of the Property and such other encumbrances as may be assumed or specifically approved by Buyer. The Property must have legal access to a public right-of-way.
18. This Agreement constitutes the entire understanding between the parties. Except as to the specific revisions and modifications set forth herein, the 2001 Agreement remains in full force and effect between the parties and is hereby ratified.
19. The parties agree to take such action and execute such other and further agreements, deeds and instruments as are necessary to effectuate the purposes hereof.
IN WITNESS WHEREOF, the Board, the Town and PC-R have approved this Agreement and have caused it to be executed and attested to the year and date written above.
WAKE COUNTY BOARD OF EDUCATION
Patti Head, Chair
Del Burns, Secretary
TOWN OF CARY
Clerk of Town Board
PANTHER CREEK-RALEIGH, Limited Partnership
By: Panther Creek- Raleigh GP, L.L.C., General Partner of
PANTHER CREEK-RALEIGH, Limited Partnership
By: Hearthstone, a California Corporation
(formerly known as Hearthstone Advisors, Inc.), Member
Add Notary Acknowledgments
Add Pre-Audit language
Attachment A - Existing Letter of Credit
Attachment B -
Attachment C -
Attachment D -
LAND ACQUISITION FOR EAST REGIONAL BUS PARKING FACILITY
FOR THE WAKE COUNTY PUBLIC SCHOOL SYSTEM
Mr. Robert Hinson said this site can be used for a parking facility for school buses for Wake County Public School System. The property is located off of Wendell Boulevard, immediately south and adjacent to property owned by the Wake County Public School System and the site of the new Wendell Middle School that is currently under construction. There is water and sewer on the site. The site is intended for a future Northeast Regional Transportation Center for school bus parking and repair facilities that will serve eastern Wake County. There will be extra field space available for the school on this property. Funding is not currently allocated for the design or construction of a regional transportation center.
Upon motion by Commissioner Brown, seconded by Commissioner Ward, the Board of Commissioners voted unanimously to approve the request from the Board of Education to purchase land for the East Regional Bus Parking Facility for the Wake County Public School System.
RESOLUTION RELATING TO INSTALLMENT CONTRACT FINANCING
FOR FIRE TRUCKS AND RELATED EQUIPMENT AND/OR
ACCESSORIES IN AN AGGREGATE PRINCIPAL AMOUNT UP TO
$900,000 AND CALLING REQUIRED PUBLIC HEARING
Melinda Canady asked for approval of financing of fire trucks and asked for approval
to move forward with the installment contract financing for fire trucks in an aggregate principal amount up to $900,000.
Upon motion by Commissioner Ward, seconded by Commissioner Gardner, the Board voted unanimously to approve the attached resolution relating to the proposed plan of financing fire trucks and related equipment in an amount up to $900,000 and calling for a public hearing on May 7, 2007 and authorize staff to begin working with Chase Equipment Leasing, Inc. to prepare financing documents to be considered for approval on May 7, 2007.
EXTRACT FROM MINUTES OF MEETING
BOARD OF COMMISSIONERS OF
THE COUNTY OF WAKE, NORTH CAROLINA
The Board of Commissioners for the County of Wake, North Carolina, met in regular session in the Commissioners’ Meeting Room in the Wake County Courthouse in Raleigh, North Carolina, the regular place of meeting, at 2:00 p.m., on April 16, 2007, with Tony Gurley, Chairman, presiding. The following Commissioners were:
PRESENT: Joe Bryan, Lindy Brown, Kenn Gardner, Betty Lou Ward and Harold Webb.
ABSENT: Paul Coble
ALSO PRESENT: County Manager David C. Cooke; Interim County Attorney Scott Warren, and Clerk to the Board Susan J. Banks.
* * * * * * * * * *
RESOLUTION RELATING TO INSTALLMENT CONTRACT FINANCING
FOR FIRE TRUCKS AND RELATED EQUIPMENT AND/OR ACCESSORIES
IN AN AGGREGATE PRINCIPAL AMOUNT UP TO $900,000 AND
CALLING REQUIRED PUBLIC HEARING
WHEREAS, the Board of Commissioners desires to undertake a proposed plan of financing in an aggregate principal amount of up to $900,000, which plan would involve the entry by the County into an installment financing contract with a third party pursuant to North Carolina General Statutes §160A-20, as amended, the proceeds of which would be used to pay all or a portion of the costs of acquiring three (3) new fire trucks and related equipment and/or accessories (collectively the “Project”), and under said installment financing contract the County would secure the repayment by the County of the moneys advanced pursuant to such installment financing contract by granting a security interest in and lien on all or a portion of the Project;
WHEREAS, the Internal Revenue Code of 1986, as amended (the “Code”), requires that the Board of Commissioners must hold a public hearing concerning the installment financing contract and the transactions contemplated thereby and associated therewith, with notice of said public hearing to be published once at least 14 days before the date of the public hearing;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners, as follows:
Section 1. The Board of Commissioners hereby approves the proposed plan of financing the Project through an installment financing contract with a third party pursuant to North Carolina General Statutes §160A-20, as amended, in an aggregate principal amount not to exceed $900,000.
Section 2. As required by the Code, a public hearing shall be held by the Board of Commissioners on May 7, 2007 at 2:00 p.m., or as soon thereafter as practicable, in the Commissioner’s Meeting Room in the Wake County Courthouse in Raleigh, North Carolina, concerning the proposed execution of an installment financing contract and related documents, the proposed financing of the Project and any other transactions associated therewith. The Clerk to the Board of Commissioners is directed to cause a notice of such public hearing, substantially in the form attached hereto as Exhibit A, to be published once in a qualified newspaper of general circulation within the County not less than 14 days prior to said public hearing.
Section 3. The appropriate officers of the County are hereby authorized and directed to do any and all things necessary, appropriate or convenient to effectuate the foregoing and the proposed plan of financing, including without limitation, the publication of any required notices related thereto, consideration and negotiation of proposals from one or more third parties regarding the installment financing contract included in the proposed plan of financing, and consideration and negotiation of the terms of the proposed plan of financing or any component thereof and the relevant legal documentation.
Section 4. This Resolution shall become effective immediately upon its adoption.
Upon motion of Commissioner Ward, seconded by Commissioner Gardner, the foregoing resolution entitled “RESOLUTION RELATING TO INSTALLMENT CONTRACT FINANCING FOR FIRE TRUCKS AND RELATED EQUIPMENT AND/OR ACCESSORIES IN AN AGGREGATE PRINCIPAL AMOUNT UP TO $900,000 AND CALLING REQUIRED PUBLIC HEARING” was adopted and passed by the following vote:
Ayes: Commissioners Joe Bryan, Lindy Brown, Kenn Gardner, Tony Gurley, Betty Lou Ward and Harold Webb.___________________________________________________.
* * * * *
I, Susan Banks, Clerk to the Board of Commissioners for the County of Wake, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board of Commissioners at a regular meeting held on April 16, 2007, as relates in any way to a proposed plan of financing for the acquisition of fire trucks and related equipment and/or accessories utilizing an installment financing contract under North Carolina General Statutes Section 160A-20 with a third party and the call of a public hearing related to such proposed plan of financing, and that said proceedings are recorded in Minute Book No. ___ of the minutes of said Board of Commissioners, beginning at page ____ and ending at page ____.
I DO HEREBY FURTHER CERTIFY that the schedule of regular meetings of said Board of Commissioners has been on file in my office pursuant to North Carolina General Statutes § 143-318.12 as of a date not less than seven (7) days before said meeting.
WITNESS my hand and the corporate seal of said County, this 16th day of April, 2007.
Clerk to the Board of Commissioners
for the County of Wake, North Carolina
NOTICE IS HEREBY GIVEN that the Board of County Commissioners (the “Board”) of the County of Wake, North Carolina (the “County”), will conduct a public hearing on May 7, 2007 concerning the execution and delivery of an installment financing contract with a third party (the “Contract”) to finance all or a portion of the costs of acquiring three (3) new fire trucks and related equipment and/or accessories (collectively the “Project”).
The plan of financing for the Project involves the entry by the County into an installment financing contract with a third party who will provide the County with up to $900,000 pursuant to the terms of the installment financing contract, which amount will be used to finance the Project. The County’s obligations to the third party supplying financing for the Project are authorized by North Carolina General Statutes Section §160A-20 and will be secured by a lien upon or security interest in all or some portion of the Project.
The obligations of the County under the Contract will not be deemed to be a pledge of the faith and credit of the County within the meaning of any constitutional debt limitation and the Contract will not directly or indirectly or contingently obligate the County to make any payments beyond those appropriated in the sole discretion of the County for any fiscal year in which the Contract is in effect. No deficiency judgment may be rendered against the County in any action for breach of the Contract and the taxing power of the County is not and may not be pledged directly or indirectly or contingently to secure any moneys due under the Contract.
PLEASE TAKE NOTICE THAT THE BOARD WILL HOLD A PUBLIC HEARING CONCERNING THE PLAN OF FINANCING AT 2:00 P.M. ON MONDAY, MAY 7, 2007, IN THE COMMISSIONERS’ MEETING ROOM IN THE WAKE COUNTY COURTHOUSE, RALEIGH, NORTH CAROLINA, AT WHICH ANY PERSON MAY BE HEARD CONCERNING THE PLAN OF FINANCING. ANY PERSON WISHING TO COMMENT IN WRITING ON THE PLAN OF FINANCING MAY DO SO BY DELIVERING SUCH COMMENTS TO THE UNDERSIGNED AT 336 FAYETTEVILLE STEET, 9TH FLOOR, RALEIGH, NORTH CAROLINA, 27602, WITHIN 5 DAYS FROM THE DATE OF PUBLICATION OF THIS NOTICE.
Melinda S. Canady
WAKE COUNTY PUBLIC SCHOOL SYSTEM FOR USE OF 800 MHZ RADIO SYSTEM AND SUPPORT OF 800 MHZ RADIO SYSTEM MANAGEMENT AND MAINTENANCE Mr. John Rukavina reported on this request stating that this refers back to the Interlocal Agreement. He stated that the schools would reimburse Wake County $464.85 per radio for support of system management and maintenance.
INTERLOCAL AGREEMENT WITH
Upon motion by Commissioner Gardner, seconded by Commissioner Ward, and the Board voted unanimously to authorize the County Manager to enter into an Interlocal Agreement with Wake County Public School System for the use of Wake County’s 800 MHz radio system and for support of management and maintenance of Wake County’s 800 MHz radio system; and further to waive the regular fee of these 10 radios.
Ten radios are sufficient for the schools. The closest radios will be dispatched to the areas in need.
WAKE COUNTY PUBLIC SCHOOL SYSTEM AND WAKE COUNTY
REGARDING USE AND SUPPORT OF THE WAKE COUNTY 800 MHz TRUNKED RADIO SYSTEM
This Agreement entered into this, the _____ day of _________, 2004, by and between the WAKE COUNTY PUBLIC SCHOOL SYSTEM, hereinafter referred to as “WCPSS” and WAKE COUNTY, hereinafter referred to as “COUNTY,” pursuant to the provisions of Article 20 of Chapter 160A of the North Carolina General Statutes.
WHEREAS, COUNTY owns and operates an 800 MHz trunked radio system; and
WHEREAS, WCPSS currently owns and operates ten (10) 800 MHz radios, and wishes to share the use of COUNTY’s 800 MHz trunked radio system; and
WHEREAS, the COUNTY has entered into an Agreement (hereinafter,
“COUNTY/SHP Agreement”) with the State of North Carolina, through the State Highway Patrol (hereinafter, “SHP”), a copy of which is attached hereto as Exhibit A (without Appendix A of that Agreement outlining the technical radio components which the COUNTY shall acquire) and incorporated herein, to work in partnership to develop a state-of-the-art interoperable public safety radio communications system based upon the 800 megahertz analog/digital trunked radio system (“800 MHz system”) that is capable of supporting analog or digital trunked radio services and capable of being expanded in a manner consistent with current public safety communications technical standards; and
WHEREAS, the COUNTY/SHP Agreement provides for COUNTY and SHP approval of the use of radio communications created by that Agreement (and COUNTY procurement and construction of an 800 MHz system that operates in a manner consistent with the provisions of the COUNTY/SHP Agreement) by parties in addition to the COUNTY and the SHP; and
WHEREAS the COUNTY’S 800 MHz radio system has sufficient capacity to accommodate WCPSS shared use of the system; and
NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, WCPSS and COUNTY agree as follows:
ARTICLE I - PURPOSE
1.1 The purpose of this Agreement is to define the rights and obligations of the COUNTY and WCPSS with respect to the coordinated operation, maintenance, and upgrades of the countywide 800 MHz radio systems.
ARTICLE II - COOPERATION
2.01 The COUNTY and WCPSS will cooperate and use their best efforts to ensure that the various provisions of this Agreement are fulfilled. The parties agree in good faith to undertake resolutions of disputes, if any, in an equitable and timely manner and in accordance with the provisions of this Agreement.
ARTICLE III - DEFINITION OF TERMS
3.01 AGREEMENT. “Agreement” means this document as approved by appropriate action through ordinance, resolution, or other method, pursuant to the ordinances, resolutions, or charter of the governing bodies of the COUNTY and WCPSS.
3.02 AUTHORIZED USERS. “Authorized users” are parties to this Agreement, including WCPSS, duly authorized by this Agreement with the COUNTY to utilize the 800 MHz trunked radio system(s).
3.03 AUTHORIZED USER EQUIPMENT. “Authorized user equipment” (also referred to as “subscriber equipment”)is all non-fixed radio equipment, including (but not limited to) mobile and portable radios and accessories thereto, but not including infrastructure.
3.04 BOARD. “BOARD” means the Management Board, as described in Article X.
3.05 DIRECTOR OF RWCC. “DIRECTOR OF RWCC” means the Director of the
Raleigh-Wake Communications Center, duly appointed by WCPSS Manager of WCPSS of Raleigh.
3.06 DIRECTOR OF PUBLIC SAFETY. “DIRECTOR OF PUBLIC SAFETY” means the
Wake County Director of Public Safety.
3.07 FCC. “FCC” means the Federal Communications Commission as established by The Communications Act of 1934.
3.08 FUNDING. “Funding,” means the monies that will be provided by the
COUNTY or collected from WCPSS by authority of this Agreement to fund the operation, maintenance, and upgrades to the 800 MHz radio systems.
3.09 INFRASTRUCTURE. “Infrastructure” is, collectively, the equipment (including hardware and software) that supports shared use of digital and analog mobile and portable radios on the 800 MHz band frequencies licensed to the COUNTY for public safety and other authorized use.
3.10 INFRASTRUCTURE ENHANCEMENT. “Infrastructure enhancement” means acquisition and installation of 800 MHz system equipment (including hardware and software) that serves to enhance the performance of (or add capabilities to) the 800 MHz radio systems.
3.11 INFRASTRUCTURE MAINTENANCE. “Infrastructure maintenance” means those services required to maintain the operating capability of the 800 MHz systems, including (but not limited to) replacement of worn or broken components with a unit cost of less than $100,000 (when not otherwise covered by insurance) as well as the maintenance of and utilities for transmission sites, insurance premiums, and any related items as presented to the BOARD by the COUNTY.
3.12 INFRASTRUCTURE PURCHASE. “Infrastructure Purchase” means acquisition and installation of 800 MHz radio system equipment (including hardware and software) that is required to establish and continually support the designed operating capability of the 800 MHz systems.
3.13 MAINTENANCE COST. “Maintenance Cost” means the cost of managing and maintaining the 800 MHz system infrastructure and of operating that infrastructure for the authorized users.
3.14 MUTUAL AID USE. “Mutual aid use” means authorized limited and temporary use of the 800 MHz radio system for cross-jurisdictional, cross-service, or cross-technology intercommunications required among eligible users not supported as authorized users within the system.
3.15 NPSPAC. “NPSPAC” means the National Public Safety Planning Advisory Committee.
3.17 RWCC. “RWCC” means the Raleigh-Wake Communications Center
3.16 OPERATING FUND. “Operating Fund” means a financial account specially designated to provide operating funds for the 800 MHz radio systems. Pursuant to the requirements of Article XI, and in response to invoices, WCPSS shall remit money to COUNTY for placement in this fund.
3.18 SYSTEM. “System” (or “Systems”) means the 800 MHz radio system or
CAD system, except that, for the purposes of this Agreement, references to COUNTY’S CAD system, and unless otherwise indicated, are for purposes of consistency with like Agreements to which COUNTY is party.
ARTICLE IV - TERM
4.01 This Agreement shall take effect upon execution by both parties hereto, and shall remain in effect for a period of five (5) years, starting upon the day in which the governing bodies of the COUNTY and WCPSS have executed this Agreement. If either party to this Agreement elects not to renew the Agreement at the end of the five (5) year term, then the non-renewing party shall provide written notice of its intent not to renew at least thirty (30) days before the agreement expires.
4.02 If no action is taken to give timely notice of its intent not to renew this Agreement, by amendment, and either party to this Agreement fails to extend the Agreement after five (5) years, the Agreement shall automatically be renewed for successive additional twelve (12) month period(s) until either of the parties to this Agreement provides written notice in accordance with the provisions of Section 4.01.
ARTICLE V - DEFAULT
5.01 Any material violation of this Agreement during its term constitutes a default. In the event of an alleged default, the allegedly defaulting party shall be given notice of such alleged default as provided in Article XII of this Agreement. Upon notice, the party alleged to have defaulted agrees that it will cure the default within thirty (30) days, and may appeal an adverse decision as provided in Article XII within that same 30 (thirty) day cure period, to the extent that the remedy of appeal is available. In the event that the defaulting party is not satisfied with the outcome of the appeals process, the defaulting party may exercise its rights to terminate the Agreement as specified in Section 5.02. In the event that the party alleged to have defaulted fails to cure the default, the services described in this agreement shall be discontinued sixty (60) days after the notice of default or delivery of the appeal decision, whichever is later.
5.02 Except as provided in Section 5.01 of this Agreement, either party to this Agreement may terminate this Agreement upon ninety (90) days’ advance written notice.
ARTICLE VI - CONFORMANCE TO PLANS, ETC.
6.01 WCPSS 800 MHz equipment operating on COUNTY’s 800 MHz radio system shall comply with COUNTY technical and performance standards that provide for reliable operation and that are intended to prevent interference with system use by other parties to this Agreement.
6.02 The failure of WCPSS to comply with the provisions of Article 6.01 of this Agreement shall be considered a default as defined in Article 5.01 of this Agreement.
ARTICLE VII - OWNERSHIP OF INFRASTRUCTURE
7.01 The COUNTY shall own all infrastructure associated with the 800 MHz system unless otherwise stated within this Agreement. WCPSS shall not be expected to furnish funds for addition of infrastructure components except as may be required to expand the capacity of the 800 MHz system to accommodate WCPSS's actual and/or reasonably anticipated or projected use of the 800 MHz system without disrupting the use of the 800 MHz system by parties to like agreements, or provide special system functionality unique to WCPSS. For purposes of this section, “disruption” is defined as an actual or reasonably anticipated or projected system radio traffic demand, attributable to WCPSS, that results (or could reasonably be expected to result) in a delayed-call grade of service of greater than three per cent (3%) as further described in Section 8.01, below.
7.02 In the event that WCPSS dissolves this Agreement or otherwise leaves the system, WCPSS shall retain ownership of any portable, mobile, fixed control stations, or related hardware purchased by WCPSS for use within the 800 MHz radio system and COUNTY shall retain ownership of any infrastructure acquired or furnished in connection with WCPSS system demands as described in Section 7.01.
ARTICLE VIII – SYSTEM FUNDING
8.01 Except as otherwise provided for in Article VII, the COUNTY shall be responsible for 800 MHz radio system infrastructure maintenance, including purchases of equipment or services required to maintain the designed operability of the system. “Designed operability of the system” includes those system functions and capabilities included in the specifications of the system described in the agreement between the COUNTY and Motorola, Inc., for purchase of the system, and includes an average “delayed call grade of service” (as defined by Motorola, Inc. of three percent (3%), which means that not more than three percent (3%) of total authorized user equipment operators receive a “system busy” indication when they activate that equipment.
ARTICLE IX - FCC LICENSE AND USE OF FREQUENCIES
9.01 The COUNTY shall be responsible for the maintenance of all FCC licenses required to operate the 800 MHz radio system, except that the maintenance of such licenses co-licensed pursuant to Section 9.02 of this Agreement shall be the shared responsibility of COUNTY and WCPSS.
9.02 WCPSS shall operate two-way radio equipment on the system in accordance with the rules of the FCC.
ARTICLE X – BOARD; FUNDING
10.01 To assist the COUNTY in the administration of the 800 MHz and CAD systems, a MANAGEMENT BOARD (“BOARD”) shall be established to develop fiscal and performance policies and procedures governing all users of the systems and to establish annual fees for users of the 800 MHz radio system, the CAD system or both in support of system operation and maintenance. WCPSS agrees to abide by decisions rendered by the BOARD, including payment of annual fees as established by the BOARD described herein, during the term of this Agreement.
10.02 The COUNTY shall invoice WCPSS quarterly, in arrears, for the fees referred to in Section 10.01. Payment is due to the COUNTY within thirty (30) days of receipt of invoice. Except in the case of an erroneous billing, and to the extent required to correct such erroneous billing, continuing failure to remit payment as required herein shall constitute a material violation of this Agreement. Continuing failure to remit payment as required herein shall constitute a material violation of this Agreement.
10.03 WCPSS shall be responsible for purchase, acquisition, maintenance and replacement of its portable radios, mobile radios, and accessory hardware (including, but not limited to, battery chargers and batteries) for use on the 800 MHz radio system. This section does not limit the ability of the BOARD to establish contracts and financing mechanisms for purchase, lease acquisition, maintenance and replacement of portable radios, mobile radios and accessory hardware in behalf of the municipalities represented by the BOARD members, nor does it require that the COUNTY agree in advance to share any portable or mobile radio programming information with any radio maintenance vendor.
ARTICLE XI – BOARD; COMPLAINTS AND APPEALS
11.01 Complaints from WCPSS or others concerning operating-cost allocation, system performance standards, and other matters within the purview of the MANGEMENT BOARD shall be forwarded to the DIRECTOR OF PUBLIC SAFETY or his designee as soon as possible. The DIRECTOR OF PUBLIC SAFETY shall resolve the complaint in behalf of the BOARD. WCPSS may appeal such decision to the BOARD no sooner or later than the next meeting of the BOARD. The BOARD shall take such action and render a disposition of the complaint as the BOARD determines to be appropriate, provided that it is otherwise consistent with this Agreement.
11.02 In the event that the BOARD issues a directive or other such action compelling any party to this Agreement to take certain actions, WCPSS agrees to carry out such action as provided in Section 11.01 of this Agreement.
ARTICLE XII – RADIO SYSTEMS USES AND LIMITATIONS
12.01 WCPSS understands that COUNTY’s 800 MHz radio system was designed for (and is primarily used by) public safety agencies in COUNTY, that WCPSS will be considered a non-public safety user of COUNTY’s system, and that non-public safety users of the COUNTY and WCPSS shall be afforded a lower system priority than public safety users.
12.02 To ensure that the channel capacity of the radio system will not be unnecessarily reduced, WCPSS shall not activate any radio with a telephone interconnect capability except as approved by the BOARD.
ARTICLE XIII - NOTICE
13.01 Any notice, report or demand which must be given or made by a party hereto under the terms of this Agreement shall be sent by registered or certified mail, return receipt requested. Notices to the COUNTY shall be sent to the DIRECTOR OF PUBLIC SAFETY, Post Office Box 550, Raleigh North Carolina 27602.
14.03 Any notice, report or demand which must be given or made by a party hereto under the terms of this Agreement shall be in writing and shall be sent by registered or certified mail. Notices to WCPSS shall be sent to
ARTICLE XIV - MERGER AND MODIFICATION
14.01 It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supercedes all oral arguments, previous written agreements, and negotiations between the COUNTY and WCPSS.
14.02 Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement and signed by the parties hereto.
ARTICLE XV – RECORDS, AVAILABILITY
15.01 The COUNTY and WCPSS agree that each party hereto, will cooperate with the State, County or municipal Auditor or any of their duly authorized representatives at any time during normal business hours, and as often as they deem reasonably necessary, and further, that such auditor shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the other party hereto and involve transactions relating to this Agreement.
15.02 The COUNTY and WCPSS agree to maintain all records relative to
this Agreement and the use of the system during the period in which such system is used by WCPSS and further, for an additional period of time as prescribed by law or absent such prescription, for five years beyond the expiration date of the Agreement.
15.03 In the event that legislation is passed by either the United States Congress or the North Carolina General Assembly delimiting public access to the financial, operational, or other relevant records of public safety 800 MHz radio or CAD systems, the State, County or municipal auditor conducting such review shall agree to maintain as confidential any information or data permitted to be excluded from public access and review. Such protected information and data shall not be included in written findings of an auditor nor discussed in any forum open to the public. The BOARD, with the concurrence of the County Attorney, shall identify, in writing, the information or data excluded from public access and review, and shall provide the list of exclusions to each party to this Agreement. The COUNTY and WCPSS agree to include such restrictions in any public solicitations or contracts for audit services.
ARTICLE XVI - DATA PRIVACY
16.01 The COUNTY and WCPSS agree to abide by all applicable Federal and
State laws and regulations and confidential information concerning individuals and data including, but not limited to information made non-public by such laws or regulation.
ARTICLE XVII - INDEPENDENT CONTRACTOR AND INDEMNIFICATION
17.01 The COUNTY and WCPSS are, and shall remain, independent contractors with respect to all services performed under this Agreement. Except as provided within this Agreement, the COUNTY and WCPSS shall select the means, method, and manner of performing their respective services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the COUNTY and WCPSS hereto or as constituting either party as the agent, representative, or employee of the other for any purpose or in any manner whatsoever. The COUNTY represents that it has or will secure at its own expense all personnel required in performing services under this Agreement where proportionate reimbursement from WCPSS as defined by the BOARD is required. Any and all personnel of the COUNTY and WCPSS or other persons engaged in the performance of any work or services under this Agreement shall have no contractual relationship with the other party, and shall not be considered an employee of any other party. Any and all claims that might arise under the Unemployment Compensation Act, the Worker’s Compensation Act of the State of North Carolina, or any other applicable Federal or State law, rule, or regulation on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against either party, its officers, agents, contractors, or employees shall in no way be the responsibility of the other party. Each party shall defend, indemnify, and hold the other party, its officers, agents, and employees harmless from any and all such claims. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the other party, including, without limitation tenure rights, medical and hospital care, sick and vacation leave, worker’s compensation, Re-Employment Insurance, disability, severance pay, or PERA.
ARTICLE XVIII - FORCE MAJEUR AND WARRANTIES
18.01 The COUNTY shall not be responsible for interruptions in system service due to the forces of nature, war, manmade disasters or other such acts beyond the control of the COUNTY.
18.02 THE COUNTY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO WCPSS IN CONNECTION WITH ITS USE OF SERVICE. WCPSS ACKNOWLEDGES THAT SERVICE DISRUPTIONS WILL OCCUR FROM TIME TO TIME AND AGREES TO HOLD THE COUNTY HARMLESS FOR ALL SUCH DISRUPTIONS.
ARTICLE XIX - GOVERNING LAW AND APPLICABLE PROVISIONS OF LAW
19.01 The laws of the State of North Carolina shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations and performance and obligations between the COUNTY and WCPSS.
19.02 Applicable provisions of North Carolina State Law, Federal Law, and any applicable local ordinance shall be considered as a part of this Agreement as though fully set forth herein. Specifically, the COUNTY and WCPSS agree to comply with all applicable Federal and State laws as well as local ordinances relating to non-discrimination, affirmative action, public purchases, contracting, employment including worker’s compensation and state labor wage provisions, and surety deposits required for construction contracts.
AWARD OF CONSTRUCTION CONTRACT FOR THE
ENTRANCE ROAD FACILITIES AT THE
SOUTH WAKE SOLID WASTE MANAGEMENT FACILITY
Mr. John Robertson, Solid Waste Division, said they have been clearing and grading the Entrance Road Facilities at South Wake Solid Waste Management Facility. This contract is for final grading, utilities of scales house, three scales for this project and landscaping is also included in the project. Bids were received on April 5th.
Paul Howard Construction Company was the lowest bidder. Staff recommends that a construction contract be awarded to this bidder. Adequate funding for this work is included in the Capital Improvement Program for FY 2007. The project is anticipated to be completed in May.
PROJECT: Entrance Road Facilities at the South Wake Solid Waste Management Facility
DATE: Thursday, April 5, 2007
TIME: 2:00 PM
|Allen Grading Company, Inc.|
|Paul Howard Construction Co., Inc.|
Mountain States Contractors LLC
|Thompson Contracting, Grading, Paving, & Utilities, Inc.|
|Triangle Grading & Paving, Inc.|
This is to certify that the bids tabulated herein were publicly opened and read on the 5th day of April, 2007 in Room 926, 9th Floor of the Wake County Office Building, 336 Fayetteville Street, 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: Camp Dresser & McKee
Upon motion by Commissioner Webb, seconded by Commissioner Ward, the Board of Commissioners voted unanimously to award a construction contract for the Entrance Facilities at the South Wake Solid Waste Management Facility to Paul Howard Construction Company, Inc. of Greensboro, NC in the amount of $2,505,494.25.
PHASE 2 FEASIBILITY STUDY OF ESTABLISHING A NEW
GENERAL AVIATION AIRPORT IN EASTERN WAKE COUNTY
Mr. John Roberts reported there were three or four possible sites for consideration. Talbert & Bright, Inc. (TBI) did the Phase 1 of the feasibility study and provided the report in the work session on April 9th. A site with 460 acres is needed. The study indicated that the location of a new general aviation airport in eastern Wake County appears feasible and would quality for funding based primarily on GIS data; however additional work is needed in order to determine the preferred location and potential costs. Since the study has been completed, there has been significant growth around one of the potential sites. Additional investigating will need to be done on one site. Flight procedures need to be studied. The final goal of the Phase 2 feasibility study is a recommendation of a preferred sight. The additional cost is about $70,000 to proceed with Phase 2 of feasibility study to narrow down sites. A generalized scope of Phase 2 would include the following:
1. Perform additional ground reconnaissance for the top 3-4 sites and work with Town/County staff to identify any additional site-specific issues not revealed by GIS mapping.
2. Prepare preliminary cost opinions for the top 3-4 sites including construction and land acquisition costs. Identify costs eligible for federal/state funding.
3. Based upon the above cost opinions and available information from surrounding comparable airports (Franklin, Sanford, etc.) provide a proforma analysis of anticipated costs/revenues for a new GA airport in eastern Wake County.
4. Perform an instrument approach feasibility study on the top 3-4 sites.
5. Identification of potential users/industry interest.
6. Initial investigation of the potential role of a new airport in homeland security and emergency/disaster response.
7. Meetings with the surrounding municipalities, RDU Airport, NCDOA and staff from various County departments.
8. Presentation of results to the Board of Commissioners
Upon motion by Commissioner Gardner, seconded by Commissioner Brown, the Board of Commissioners voted unanimously to authorize staff to proceed with Phase 2 of the feasibility study (detailed site evaluation) for a new General Aviation Airport in eastern North Carolina
APPROVAL OF WAKE COUNTY PROJECT DEVELOPMENT
FINANCING/TAX INCREMENT FINANCING POLICY
Mr. David Cooke briefly reviewed the proposed policy that was presented to the board in a work session. The policy is for economic development incentives for Wake County. Business development grants and new revenue is would be used under this policy. Business incentives are legally allowed in North Carolina and it is for a pledge of anticipated future revenues on future projects. The projects must meet certain criteria as spelled out in the policy. The “Expected Market Value” would have to be verified by and independent third party and there would be limits put on the incremental tax value. There is a twenty-year term limit or the term of the debt refinancing. Also, the County would be limited to the same amount the municipality would contribute. Mr. Cooke stated there would be a due diligence period before the County would get involved in these projects. It could include the Research Triangle Park but may have to revisit that policy if using this policy for that area. There was a desire by this board to have a policy to address this type of project requests and it is built on partnering with municipalities yet put on limitations that protect taxpayers. This policy may need to be amended based on actual projects.
Wake County Project Development Financing Policy
To describe the conditions under which Wake County will consider pledging funds for Project Development Financing projects.
AuthorityProject Development Financing is specifically authorized in Article 6 of Chapter 159 of the North Carolina General Statutes.
Background InformationProject Development Financing (PDF/TIF) is a pledge of the anticipated incremental increase in future tax revenues in order to finance a public infrastructure improvement as part of a new development or redevelopment project.
In 2004 the North Carolina General Assembly established a legal framework and process for structuring PDF/TIF projects. However, as a AAA-rated County, Wake County has other, more favorable financing options at its disposal. Therefore, the County will have the option to choose whether to follow the prescribed legislation or create a synthetic PDF/TIF, with the synthetic PDF/TIF option being more likely.
Wake County anticipates that there are two situations where a PDF/TIF would be applicable: 1) to spur development or redevelopment in targeted areas that are currently undeveloped or underdeveloped; and 2) to provide incentives for different development patterns than the market would provide on its own (ex: greater densities or different uses). This policy deliberately avoids defining specific geographic areas within the County where PDF/TIF Projects can be considered. The County’s position is that it is the responsibility of the municipalities to shape development patterns in their jurisdictions.
PDF/TIF Project RequirementsIn order to be considered for funding by Wake County, all PDF/TIF Projects must meet each of the following criteria:
1. The Project must meet at least one of the following Wake County Economic Development Objectives:
· Increase the non-residential percentage of tax base.
· Increase per capita/median family incomes.
· Increase the number of jobs that pay at least 120% of the average wage for Wake County.
2. The Project must be within a Municipal Jurisdiction and formally approved by the municipality’s governing body before Wake County will consider participating in the Project. For the purposes of this policy, Municipal Jurisdiction is defined as the land contained within a municipality’s corporate limits, its Extra-Territorial Jurisdiction (ETJ), and its Short Range Urban Services Area as defined in Wake County’s Land Use Plan.
3. Wake County may consider PDF/TIF projects in the Unincorporated Areas of the County if the Project meets Wake County Economic Development Objectives. For the purposes of this policy, Unincorporated Areas are defined as Long Range Urban Service Areas, Non-Urban Areas, and the Research Triangle Park.
Calculation of the Incremental Revenue StreamThe Incremental Revenue Stream that Wake County will consider pledging, subject to the conditions listed in the Financial Participation section below, will be defined by the following calculation:
Market Value Plus – Expected Market Value = Incremental Market Value
Incremental Market Value x Property Tax Rate = Incremental Revenue Stream
The components of this calculation are defined as:
Expected Market Value – the future value of the subject property(s) if it were developed under normal market conditions with the existing level of public infrastructure investment.
Market Value Plus – the future value of the subject property(s) if it were developed with additional public infrastructure investment.
Incremental Market Value – the marginal property value created as a result of the additional public infrastructure investment.
Property Tax Rate – the Wake County property tax rate that the Board of Commissioners establish in their annual budget.
Incremental Revenue Stream – the revenue stream the County considers available for pledging, subject to the limitations specified in the Financial Participation Section below.
· An independent third party consultant will determine the Expected Market Value. The Developer will give the County a sum of money sufficient to pay for the independent consultant, and the County and municipality will jointly select and hire the consultant. The consultant’s client relationship will be with the County and the municipality only.
· Prior to the County and municipality hiring the consultant, the Developer will submit to the County preliminary building plans, an investment schedule, and Project financials so that the independent consultant can perform the analysis of Expected Market Value.
Financial ParticipationUsing the Increment defined above as the starting point for consideration, the County further limits its potential pledge of funding with the following conditions:
· The County will not pledge more than 75% of the property tax value generated by the Increment.
· In the event the County chooses to pledge funding for the Project, the County will only pledge property tax revenue as described in this section. The County will not pledge sales tax revenues or any other revenue sources.
· Generally, the County’s funding pledge will not exceed 20 years. However, if the term of the debt used to finance the public infrastructure is greater than 20 years, the County may consider a pledge of funding up to the full length of the debt term.
· Wake County will only consider funding up to the dollar amount of funding that the municipality provides.
· The Developer must determine and declare the Market Value Plus for the Project and guarantee to the County and municipality a stream of income at least equal to the property tax payments that a project of that value would generate.
· The Board of Commissioners will consider all PDF/TIF projects on a case-by-case basis and may consider any other relevant factors when deciding whether to pledge County funds for the Project.
Other Information to be Provided by the DeveloperIn addition to the information required above, the Wake County Board of Commissioners may require additional information to help decide whether the County wishes to participate in the Project. The other information may include, but not be limited to, the following:
· A summary describing the Project description, proposed PDF District boundaries, the requested public infrastructure, and the requested amount of future revenues to be pledged by the County and municipality.
· A list of all property owners within the PDF District.
· A proposed Conceptual Development plan for the PDF District.
· A detailed metes and bounds description, and a map, of the PDF District.
· A description and map of existing uses and conditions in the PDF District.
· Any proposed changes in zoning or land use that the Project will require.
· A description of any known environmental hazards on the site and how the Developer proposes to address them.
· A description of the public purpose that the PDF achieves.
· A description of how the Project will benefit the owners and occupants of property in the proposed PDF District.
· A description of the steps the Developer will take to ameliorate any negative impacts of the Project on owners and occupants of the PDF District.
· A description of the impact the Project will have on areas outside the PDF District, if any.
· A detailed list of Project costs (for public and private entities) and the source of funds.
· The estimated duration of the PDF District.
Developer – the private entity that will be developing the property that benefits from the public asset being financed.
Definition of Terms (for the purpose of this policy)
Municipal Jurisdiction – the land contained within a municipality’s corporate limits, its Extra-Territorial Jurisdiction (ETJ), and its Short Range Urban Services Area as defined in Wake County’s Land Use Plan.
PDF District – a geographic boundary identifying the property(s) on which the developer is seeking a pledge of incremental tax revenue.
PDF Project – a proposed private development and associated public infrastructure improvement for which a funding pledge is being sought.
Project Development Financing (PDF) – a pledge of the anticipated incremental increase in future tax revenues in order to finance a public asset(s) as part of a new development or redevelopment project. For a full definition, see Article 6 of Chapter 159 of the North Carolina General Statutes.
Self-Financing Bonds – synonymous with Project Development Financing.
Synthetic PDF/TIF – a project agreement and financing plan that shares some of the characteristics of Project Development Financing as outlined in the General Statutes but uses alternate financing methods and contractual arrangements.
Tax Increment Financing (TIF) – synonymous with Project Development Financing.
Unincorporated Area – the land contained in the County’s Long Range Urban Service Areas, Non-Urban Areas, and the Research Triangle Park.
Upon motion by Commissioner Brown, seconded by Commissioner Ward, the Board voted unanimously to approve the Wake County Project Development Financing Policy.
COMMITTEE REPORTSNo reports.
Commissioner Ward stated she has a friend in the audience that is working on a school project. She introduced Aaron and Brice, from Crossroads Elementary who are working on a social studies project and have to make a scrapbook of the Mortigy House.
Commissioner Ward said she had a discussion with Mayor Meeker about the 800MHz system. They have received a $2 million grant for the base Homeland Security Grant. She asked Mr. Cooke to study this and return information to the Board. Chairman Gurley said this Homeland Security was a regional fund.
Mr. Scott Warren, Interim County Attorney, stated the Board was authorized to go into closed session under G.S. 143-318.11(6) to consider the qualifications, competence, performance, character, fitness, conditions of appointment or conditions of initial employment of an individual public officer or employee or prospective public officer or employee.
Upon motion by Chairman Gurley, seconded by Commissioner Gardner, the Board voted unanimously to go into closed session for a personnel matter.
Chairman Gurley called the meeting back to order in open session. No action was taken.
Upon motion by Commissioner Webb, seconded by Commissioner Gardner, the Board of Commissioners voted unanimously to adjourn the meeting at 5:00p.m.
Susan J. Banks, CMC
Clerk to the Board