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    Minutes of May 7, 2007 Board of Commissioners' regular meeting (approved)




27


Wake County Board of Commissioners

May 7, 2007


The Wake County Board of Commissioners met in regular session Monday, May 7,

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

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

Kenn M. Gardner; Tony Gurley; Betty Lou Ward; and Harold Webb.
Others attending were the County Manager, David C. Cooke; Interim County
Attorney, Scott Warren; and the Clerk to the Board, Susan Banks.

Chairman Gurley called the meeting to order.

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PLEDGE OF ALLEGIANCE

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INVOCATION
Commissioner Harold Webb offered the invocation.

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APPROVAL OF AGENDA

Upon motion of Commissioner Gardner, seconded by Commissioner Webb,
the Board of Commissioners unanimously approved the agenda of May 7, 2007.

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MINUTES

Upon motion of Commissioner Ward, seconded by Commissioner Gardner, the Board of Commissioners unanimously approved the Minutes of April 9, 16, and 23, 2007.

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PROCLAMATION OF MAY 13-19, 2007 AS
WAKE COUNTY TOURISM WEEK

Mr. Russ Smith, Chairman of the Greater Raleigh Convention & Visitors Bureau spoke of the increased tourism in this community. Chairman Gurley read the proclamation.

Upon motion by Commissioner Ward, seconded by Commissioner Brown, the Board voted unanimously to approve the proclamation as presented. Mr. Denny Edwards, new Executive Director of the Greater Raleigh Convention and Visitors Bureau, was introduced. Mr. Edwards stated he has been working three weeks now and he is very excited about being in Raleigh and Wake County.

PROCLAMATION

WHEREAS, tourism is of vital importance to the County of Wake, creating opportunities for employment and economic prosperity, as well as for international trade and understanding; and

WHEREAS, tourism ranks as one of the largest industries in the State of North Carolina, and Wake County ranks as the state’s second largest county in terms of visitor spending, generating an estimated $1.32 billion in visitor spending in Wake County in 2006 while employing over 17,500 people and saving over $340 per household per year in taxes; and

WHEREAS, we expect tourism to more positively impact Wake County due to the new convention center and other amenities being added to our destination; and

WHEREAS, the Greater Raleigh Convention & Visitors Bureau, in meeting its responsibility to promote Wake County as a visitor and convention destination, has called for observance of National Tourism Week in Wake County;

NOW, THEREFORE, do I, Tony Gurley, Chairman of the Wake County Board of Commissioners, proclaim May 13-19, 2007 as
WAKE COUNTY TOURISM WEEK

and ask all citizens to recognize the significance of the tourism industry in Wake County not only as a generator of economic vitality, but also as an enhancement for trade, understanding and good will for all people who visit our beautiful county.

IN WITNESS WHEREOF, I have hereunto set

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PROCLAMATION OF MAY 2007 AS
NATIONAL HISTORIC PRESERVATION MONTH IN WAKE COUNTY

Mr. Ed Morris, Chairman of Wake County Historic Preservation Commission, stated it is a National Historic Preservation Month which was actually kicked off a couple of weeks ago in Wendell with a tour of historic homes and celebration. There have been four properties recommended in 2007 and hope to recommend seven more within the next few months. The proclamation was read by Vice Chairman Coble.

Upon motion by Commissioner Webb, seconded by Commissioner Brown, the Board voted unanimously to adopt the Nation Historic Preservation Month Proclamation for Wake County.

Commissioner Bryan also noted that Gary Roth was present. Commissioner Webb spoke of the Wake Forest Museum.
NATIONAL HISTORIC PRESERVATION MONTH PROCLAMATION

WHEREAS, Wake County is proud of its rich history and heritage as reflected in its historic architecture and landscapes; and

WHEREAS, the Wake County Historic Preservation Commission serves as the County’s official body to identify, preserve and protect Wake County’s historic resources and to educate the public about historic preservation; and

WHEREAS, historic preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and

WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and

WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and

WHEREAS, “Making Preservation Work!” is the theme for National Historic Preservation Month 2007, cosponsored by Capital Area Preservation, Inc., the National Trust for Historic Preservation and the Wake County Historic Preservation Commission

NOW, THEREFORE, we, the Wake County Board of Commissioners, do proclaim May 2007 as National Historic Preservation Month in Wake County, and call upon the people of Wake County to join their fellow citizens across the United States in recognizing and participating in this special observance.




REPORT BY THE RDU AIRPORT AUTHORITY ON
THE STATE OF THE AIRPORT

Mr. Terry Yeargan and Michael Weeks, new Chairman of the RDU Authority, were present. Mr. Yeargan said that they are in the midst of the largest airline construction project in its history. RDU served over 9 million passengers last year. There are fewer available seats but they continue to fly. The number of passengers grew 7% just last month. There are 26 airlines that provide at least 46 nonstop destinations. American carries the most passengers. All carriers are enjoying success at RDU. New air carriers are coming to RDU. ExpressJet has come to RDU with numerous nonstop flights. American/American Eagle are adding new destinations. Midwest began in June services to Milwaulkee with three departures daily. Air service to Los Angeles, Ohio, Boston and others are available. A market study was done last year starting with the largest markets, Los Angeles and Denver. West coast flights are desirable. There is somewhat over a $12 million impact on the region with direct impacts including airline revenues and other impacts. The RDU area will be welcoming new services such as restaurants and other amenities.

Mr. Michael Weeks reported on concessions and other services. Over 26,000 military personnel travel through the airport. They raised funds for military services. The project was expanded to include the north and south concourse. The new terminal will be nearly triple the size and should meet their needs for a while and have added aviation security and helps with customs process. He reviewed new features in the new facility. The new terminal will be completed in Phase 2. The Parking Garage is one of the major investments with 11,000 parking spaces on site. They will use fuel alternatives besides batteries. They received AA financial rating from the Rating Agencies, stating they are one of five in the nation with a AA rating. Board members congratulated the airport representatives on their accomplishments.
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REPORT ON THE ANNUAL NEUSE RIVER CLEANUP EVENT

Mr. Dean Mattox, Upper Neuse Riverkeeper, thanked the Board for their support through the Neuse River Cleanup Event. They had about the same number of people that volunteered and covered the same area including Crabtree Creek. They are not seeing dumping along the river as was seen in the past. The Greenway system has been beneficial. They have collected 75,000 tons of trash in the river. There has been a great job done in upgrading plants and minimizing runoffs. Stormwater is a tremendous concern. Falls Lake and Neuse River will be impacted by stormwater runoff and they provide for this economy. Wake County should take the lead in this cleanup initiative. He said the County needs to move forward in addressing stormwater , energy conservation, water quality and other areas of concern.

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REPORT ON THE STATE OF THE WAKE COUNTY
EMERGENCY MEDICAL SERVICES SYSTEM AND PROCLAMATION
TO DECLARE MAY 20-26, 2007 AS
“WAKE COUNTY EMERGENCY MEDICAL SERVICES WEEK 2007”

Mr. John Rukavina, Director of Public Safety for Wake County spoke about the successes of Wake County’s Emergency Medical Services.

Garland Tant, Chief of Eastern Wake EMS said success has been achieved because of the County’s values. Wake County has trained paramedics in the ALS system. Dr. Brent Myers is one of the best advocates. There is a system of delivering patient care by well-trained paramedics and they move trucks around as needed. Chief Skip Kirkwood spoke about Wake County’s fast growing EMS systems. They have a performance goal of 11 minutes and 59 seconds response time 90% of the time. The clock starts when citizen calls 911. They achieve 90% most months. They are measured by the Unit Hour Utilization (UHU) workload. The results stay around .3 in the system. He thanked the City of Raleigh and Wake County Communications who made the system and response time possible. This year the Towns of Cary and Apex have moved into the County’s EMS System. They moved to de-cluster services to reach more people in the area. The future expectations are 74 EMS stations. There is an impact. The second problem the medical community is facing is a nursing shortage because the young people with nursing degrees are going into EMS services to be Paramedics. He spoke of the evacuation process of a nursing home in Apex during the chemical fire this year.

Dr. Brent Myers, spoke of single patient encounters and that Wake County has always been above the national average on saving patients through cardiac arrest resuscitation. The rule is never stop pressing on the chest. However, 98% of the patients are not in cardiac arrest but rapid intervention is the key with the FastCATH program. People should go to the hospital that can solve your problem. CPAP (breathing device) has helped. Since the induction of Hypothermia there have been over 45 performed this year with no complications. They are moving forward with this program. He spoke of the vertical response challenge they are encountering because people are living higher off the ground. He said there is an impact on their services due to the high rise development in this area. Other challenges are multi-patient incidents. They have provided training on a mock bus bombing.

Chief Skip Kirkwood spoke about protocol for EMS coverage at large gatherings. There are paramedics on bicycles. Dr. Myers responded that they deliver a baby a month.
The proclamation was read by Commissioner Ward.

Upon motion by Commissioner Webb, seconded by Commissioner Brown, the Board voted unanimously to approve the Proclamation designating the Week of May 20-26, 2007 as “Wake County Emergency Medical Services Week 2007”.

Commissioner Gardner reported on the new GPS which identifies the EMS trucks and instructs the closest one is to respond to a call.

Proclamation
DESIGNATING THE WEEK OF MAY 20-26, 2007 AS “WAKE COUNTY EMERGENCY
MEDICAL SERVICES WEEK 2007”

Whereas, Wake County’s emergency medical services system provides a vital public service; and

Whereas, the members of Wake County’s emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and

Whereas, access to quality emergency care in Wake County dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and

Whereas, Wake County’s emergency medical services system consists of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, educators, administrators, and others; including hundreds of volunteers; and

Whereas, the members of Wake County’s emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and

Whereas, Americans generally, and Wake County residents, workers and visitors in particular benefit daily from the knowledge and skills of these highly trained individuals; and

Whereas, Wake County's emergency medical services system is nationally recognized for excellent clinical care, particularly in the area of cardiac arrest, achieving resuscitation rates among the highest in the nation; and
Whereas, it is thus appropriate for the Wake County Board of Commissioners to join with other governing bodies across the United States in setting aside the week of May 20-26, 2007 in recognition of the value and the accomplishments of emergency medical services teams system by marking the week of May 20-26, 2007 as Emergency Medical Services Week.

Now, therefore, on behalf of the Wake County Board of Commissioners, the Chairman of the Wake County Board of Commissioners does hereby proclaim the week of May 20–26, 2007 as


WAKE COUNTY EMERGENCY MEDICAL SERVICES WEEK 2007

and encourages the community to observe this week with appropriate programs, ceremonies, and activities.


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PUBLIC COMMENTS

Commissioner Bryan recognized Mr. Gerald Holloman from Holly Springs.

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CONSENT AGENDA ITEMS

Upon motion by Commissioner Ward, seconded by Commissioner Brown, the Board voted unanimously to approve items for consent as presented.

REQUEST FROM GREATER RALEIGH CONVENTION AND VISITOR’S BUREAU
TO TRANSFER $36,000 FROM UNRESTRICTED FUND BALANCE

Specific Action Approved: The Board of Commissioners approved the request from the Grater Raleigh Convention and Visitor’s Bureau to appropriate $35,000 from the unrestricted fund balance for recruitment and relocation expenses.
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AWARD A CONTRACT FOR RENOVATIONS TO THE
WAKE COUNTY COURTHOUSE 4TH FLOOR IN THE
AMOUNT OF $2,338,000 TO D.S. SIMMONS INC. OF GOLDSBORO, N.C.

Specific Action Approved: The Board of Commissioners awarded a contract for renovations to the Wake County Courthouse 4th floor in the amount of $2,338,000 to D.S. Simmons Inc. of Goldsboro, NC.
BID TABULATION


PROJECT: New Courtrooms for 4th Floor, Wake County Courthouse
DATE: April 26, 2007
TIME: 2:00 pm

CONTRACTOR
LICENSE
NO.
ADDENDA
MBE
DOCUMENTS
BID
BOND
BASE
BID
DS Simmons Inc
112 West Chestnut Street
Goldsboro, NC 27533
7651
T
Yes
5%
$2,338,000
Scotia Construction Inc
956 West Chatham Street
Cary, NC 27511
6481
T
Yes
5%
$2,499,000
TA Loving Company
400 Patetown Road
Goldsboro, NC 27530
0325
T
Yes
5%
$2,499,000
JD Beam Inc
1812 Tillery Place, Ste 100
Raleigh, NC 27604
14167
T
Yes
5%
$2,532,800

This is to certify that the bids tabulated herein were publicly opened and read on the 26th day of April, 2007 in Room 926, 9th Floor of the Wake County Office Building, 336 Fayetteville Street Mall, Raleigh, NC, and that all said bids were accompanied by certified checks or bidder's bond except as otherwise noted.

____________________________________
Phillip D. Stout
Director, Facilities Design & Construction

ARCHITECT: Kurt Eichenberger, AIA

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EXTENSION OF A CONTRACT WITH SPRING TO PROVIDE MOBILE
WIRELESS DATA SERVICE UNTIL JUNE 30, 2010

Specific Action Approved: The Board of Commissioners approved the three (3) one-year renewal options until June 30, 2010, with Sprint to provide mobile wireless data connections service in County vehicles and authorizes the County Manager to execute a contract on behalf of Wake County for these services

STATE OF NORTH CAROLINA CC55149
COUNTY OF WAKE
AMENDMENT
This AMENDMENT, made and entered into the 16th day of April, 2007, by and between the County of Wake, a body politic and corporate of the State of North Carolina, hereinafter referred to as “COUNTY” and Sprint Spectrum, LP. hereinafter referred to as “PROVIDER”;
WITNESSETH
That WHEREAS, the COUNTY and PROVIDER have an existing legal contract specifying services, terms and conditions under which the PROVIDER provides specified services to the COUNTY; and,

WHEREAS, said contract, dated July 1st, 2005, was officially signed by both parties; and,

WHEREAS, said contract specified the compensation to be received by PROVIDER from the COUNTY, and the terms of said contract; and,

WHEREAS, COUNTY desires to continue PROVIDER’S services for an additional period of 12 months to the current contract; and,

WHEREAS, the PROVIDER has accepted this continuation and is desirous of a continued relationship with the COUNTY to provide these services.

NOW, THEREFORE, and in consideration of the continued services offered by the PROVIDER and agreed to by the COUNTY, the COUNTY and PROVIDER mutually agree to amend the TERM of the contract dated the 1st day of July, 2005.

The term of this agreement is for one year. The agreement shall commence on July 1, 2007 and expire on June 30, 2008. At the County’s election, this maintenance Agreement will be renewable annually for an additional two (2) one-year terms.

All other rights, terms, and considerations currently contained in this contract remain in effect.

IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by both parties this amendment in two (2) copies, each of which shall be deemed to be an original, on the day and year first above written.

THE COUNTY OF WAKE PROVIDER

By_____________________________ By______________________

This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act.


______________________
FINANCE DIRECTOR


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ACCEPTANCE OF ONE-TIME MENTAL HEALTH TRUST FUND ALLOCATION
OF $88,688 TO IMPLEMENT MULTISYSTEMIC THERAPY TREATMENT
PROGRAM FOR JUVENILES

Specific Action Approved: The Board of Commissioners approved acceptance of a one-time Mental Health Trust Fund allocation of $88,688 from the Division of Mental Health, Developmental Disabilities and Substance Abuse Services to implement a multisystemic therapy treatment program for juveniles ordered to Wake County Juvenile Drug Treatment Court who have co-occurring mental health and substance abuse problems, and revises the budget accordingly.
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ACCEPTANCE OF ONE-TIME MENTAL HEALTH TRUST FUND ALLOCATION
OF $48,782 FROM THE DIVISION OF MENTAL HEALTH,
DEVELOPMENTAL DISABILITIES AND SUBSTANCE ABUSE SERVICES
TO EXPAND SERVICES FOR ADULTS WITH MENTAL ILLNESS AND
CO-OCCURRING SUBSTANCE ABUSE

Specific Action Approved: The Board of Commissioners approved acceptance of a one-time Mental Health Trust Fund allocation of $48,782 from the Division of Mental Health, Developmental Disabilities and Substance Abuse Services to expand access to services for adults with mental illness and co-occurring substance abuse, and revises the budget accordingly.
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ACCEPTANCE OF ONE-TIME MENTAL HEALTH TRUST FUND ALLOCATION
OF $54,770 FROM THE DIVISION OF MENTAL HEALTH,
DEVELOPMENTAL DISABILITIES AND SUBSTANCE ABUSE SERVICES TO EXPAND SUBSTANCE ABUSE SERVICES FOR ADULTS

Specific Action Approved: The Board of Commissioners approved acceptance of a one-time Mental Health Trust Fund allocation of $54,770 from the Division of Mental Health, Developmental Disabilities and Substance Abuse Services to expand community capacity for adults with substance abuse and/or dependence, and revises the budget accordingly.
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TAX REPORT

Upon motion of Commissioner Ward, seconded by Commissioner Brown, the Board accepted and unanimously approved the tax reports as follows:


1.Report of Collections – Wake County Only – March 2007
2.Wake County In-Rem Foreclosure Progress Report – March 2007
3.
Value Adjustments and Special Situations: (Wake County Only), (Wake County and Town of Apex), (Wake County and Town of Garner), (Wake County and Town of Morrisville)
4.Consideration of Requests for Adjustments, Rebates and/or Refunds of Penalties: (Wake County Only), (Wake County and Town of Apex), (Wake County and Town of Cary), (Wake County and City of Raleigh), (Wake County and Town of Wake Forest), (Wake County and Town of Zebulon)
5.Consideration of Refund for Taxes, Interest, and Penalties: (Wake County Only), (Wake County and Town of Apex), (Wake County and Town of Cary), (Wake County and Town of Fuquay-Varina), (Wake County and Town of Morrisville), (Wake County and City of Raleigh), (Wake County and Town of Wake Forest)
6.Consideration for Release of Penalties and Interest for Wake County Prepared Food and Beverage Taxes: (Wake County Only)
7.
Consideration of Requests for Exemptions-Late Filed Applications: (Wake County Only), (Wake County and Town of Fuquay-Varina), (Wake County and City of Raleigh)
8.
Rebate Details: (Wake County and Town of Angier), (Wake County and Town of Apex), (Wake County and Town of Cary), (Wake County and Town of Fuquay-Varina), (Wake County and Town of Garner), (Wake County and Town of Holly Springs), (Wake County and Town of Knightdale), (Wake County and Town of Morrisville), (Wake County and Town of Rolesville), (Wake County and Town of Wake Forest), (Wake County and Town of Wendell), (Wake County and Town of Zebulon)
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PUBLIC HEARING ON PLAN OF FINANCING FIRE TRUCKS AND
RESOLUTION APPROVING INSTALLMENT CONTRACT FINANCING
IN AN AMOUNT UP TO $900,000 WITH
CHASE EQUIPMENT LEASING, INC.

Ms. Melinda Canady, Finance Director, asked the Board to hold a public hearing on financing fire trucks. Chairman Gurley announced the public hearing open. No one came forward to speak. An equipment needs list is part of the documents required for this process. Ms. Canady said the Board approved holding the public hearing at the April 16th meeting.

Upon motion by Commissioner Bryan, seconded by Commissioner Ward, the Board voted unanimously to approve the resolution to support approving the installment contract financing for fire trucks and related equipment in an amount up to $900,000 and authorizing execution and delivery of related documents, and providing for certain other related matters. Commissioner Coble asked if they have bond counsel in Raleigh. Ms. Canady responded that the bond counsel for Wake County is Steve Cordell who is located in Charlotte. He suggested for future reference that they look for bond counsel in Raleigh.


EXTRACT FROM MINUTES OF 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 May 7, 2007, with Tony Gurley, Chairman, presiding. The following Commissioners were:

PRESENT: Lindy Brown, Joe Bryan, Paul Coble, Kenn Gardner, Betty Lou Ward and Harold Webb.
ABSENT:
ALSO PRESENT: David Cooke, County Manager; Scott Warren, Interim County Attorney and Susan Banks, Clerk to the Board.


* * * * * * * * * *


WHEREAS, the Board of Commissioners desires to approve 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 a master installment financing contract and related documents with Chase Equipment Leasing, Inc. (“Chase”) 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 master installment financing contract and related documents the County would secure the repayment by the County of the moneys advanced pursuant to such master installment financing contract by granting a security interest in and lien on all or a portion of the Project;
WHEREAS, there have been submitted to this meeting with respect to financing for the Project draft forms of a Master Installment Financing Contract and related schedules, addendums and documents, each proposed to be dated on or about May __, 2007 (collectively, the “Contract”), between the County and Chase as counterparty, pursuant to which Chase will advance moneys to the County for the costs of the Project and the County agrees to make periodic installment payments (the “Installment Payments”) to repay the moneys so advanced, with interest;
WHEREAS, the obligations of the County to make Installment Payments and other payments pursuant to the Contract shall constitute limited obligations of the County payable solely from currently budgeted appropriations of the County and shall not constitute a pledge of the faith and credit of the County within the meaning of any constitutional debt limitation;
WHEREAS, no deficiency judgment may be rendered against the County in any action for breach of a contractual obligation under the Contract, and the taxing power of the County is not and may not be pledged in any way directly or indirectly or contingently to secure any moneys due under the Contract; and
WHEREAS, the Board of Commissioners desires to approve the Contract and to authorize other actions in connection therewith;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners, as follows:
Section 1. All actions taken by or on behalf of the County to date to effectuate the proposed financing, including the selection of Chase as the counterparty to the Contract and Helms Mulliss & Wicker, PLLC, as special counsel, are hereby ratified, approved and authorized pursuant to and in accordance with the transactions contemplated by the Contract.
Section 2. The acquisition, construction and equipping of the Project, the financing thereof and the granting of security interests therein, all as provided in the Contract referenced in this Resolution, are hereby ratified and approved.
Section 3. The Contract (including all related schedules, addendums and documents) is hereby approved in substantially the forms submitted to this meeting, and each of the Chairman of the Board of Commissioners, the County Manager or the Finance Director is hereby authorized to execute and deliver each of those documents in the name and on behalf of the County, with such changes, insertions or omissions as the persons executing such documents may approve, the execution and delivery thereof to constitute conclusive evidence of such approval. The Clerk to the Board of Commissioners is hereby authorized to affix the seal of the County to each of said documents as may be appropriate and to attest to the same.
Section 4. Each of the Chairman of the Board of Commissioners, the County Manager and the Finance Director is authorized to approve all details of the financing of the Project, including, without limitation, the amount advanced under the Contract (which shall not exceed $900,000), the principal amounts and the interest amounts of the Installment Payments, which interest amounts shall not exceed 4.0% per annum on a true interest cost basis. Execution of the Contract by the Chairman of the Board of Commissioners, the County Manager or the Finance Director shall conclusively evidence such approval of all such details of said financing.
Section 5. The Chairman of the Board of Commissioners, the County Manager, the Finance Director and the County Attorney are each hereby authorized to take any and all such further action, including approval of modifications to the Contract, and to execute and deliver for and on behalf of the County such other documents and certificates (including, without limitation, agreements with securities depositories, financing statements, appropriate tax certificates and agreements and other documents and agreements (including repurchase agreements) relating to the investment of the proceeds from the execution and delivery of the Contract) as they may deem necessary or advisable to carry out the intent of this resolution and to effect the financing pursuant to the Contract. The Clerk to the Board of Commissioners is hereby authorized to affix the seal of the County to such documents and certificates as may be appropriate and to attest to the same and to execute and deliver the same as may be needed.
Section 6. The County covenants that, to the extent permitted by the Constitution and laws of the State of North Carolina, it will do and perform all acts and things to comply with the requirements of the Internal Revenue Code of 1986, as amended (the “Code”), in order to assure that the interest component of the Installment Payments paid pursuant to the Contract will not be includable in gross income for purposes of federal income taxation, except to the extent that the County obtains an opinion of special counsel to the effect that noncompliance would not result in the interest component of said Installment Payments being includable in gross income for purposes of federal income taxation.
Section 7. This Resolution shall become effective immediately upon its adoption.
Thereupon, upon motion of Commissioner Bryan, seconded by Commissioner Ward, the foregoing resolution entitled “RESOLUTION APPROVING INSTALLMENT CONTRACT FINANCING FOR FIRE TRUCKS AND RELATED EQUIPMENT AND/OR ACCESSORIES IN AN AGGREGATE PRINCIPAL AMOUNT UP TO $900,000 AND AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS IN CONNECTION THEREWITH, AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS” was adopted and passed by the following vote:

AYES: Lindy Brown, Joe Bryan, Paul Coble, Kenn Gardner, Tony Gurley, Betty Lou Ward, and Harold Webb.

NOES: _N/A____________________________________________________________


* * * * * * * * * *

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 meeting held on May 7, 2007, as relates in any way to the approval of a plan of financing for the fire trucks and related equipment and/or accessories described therein utilizing a master installment financing contract and related schedules, addendums and documents under North Carolina General Statutes Section 160A-20, and that said proceedings are recorded in Minute Book No. ___ of the minutes of said Board, beginning at page ___ and ending at page ___.

I DO HEREBY FURTHER CERTIFY that a schedule of regular meetings of said Board of Commissioners has been on file in my office pursuant to G.S. 143-318.12 as of a date not less than seven days before said meeting.
WITNESS my hand and the corporate seal of said County, this 7th day of May, 2007.

_____________________________
Clerk to the Board
of Commissioners




* * * * * * * * * *





The Chairman announced that this was the date, place and hour fixed by the Board of Commissioners for a public hearing concerning 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 Chase Equipment Leasing, Inc. pursuant to North Carolina General Statutes Section 160A-20, as amended, with the proceeds thereof to 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”), which Project was described in the notice of public hearing published in The News and Observer on April 18, 2007 (the “Notice”), and under said installment financing contract the County would secure repayment by the County of moneys advanced pursuant to such installment financing contract by granting a security interest in and lien on all or a portion of the project.
The Board of Commissioners first ratified and approved the designation of the meeting as a public hearing on the proposed plan of financing, the call of the public hearing and publication of the Notice.

It was then announced that the Board of Commissioners would immediately hear anyone who might wish to be heard on such matter.

No one appeared, either in person or by attorney, to be heard on such matter or the advisability of the plan of financing and the Clerk to the Board of Commissioners announced that no written statement relating to said matters had been received by the Clerk or the Finance Director.


All of the foregoing statements were duly considered by the Board of Commissioners.

It was then announced that the public hearing was closed.


* * * * * *

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 meeting held on May 7, 2007, as relates in any way to the conduct of a public hearing for a proposed plan of financing for the Project described in said proceedings utilizing an installment financing contract under North Carolina General Statutes Section 160A-20, and that said proceedings are recorded in Minute Book No. ___ of the minutes of said Board, beginning at page ____ and ending at page ____.
I DO HEREBY FURTHER CERTIFY that a schedule of regular meetings of said Board of Commissioners have been on file in my office pursuant to G.S. 143-318.12 as of a date not less than seven days before said meeting.
WITNESS my hand and the corporate seal of said County, this 7th day of May, 2007.
____________________________
Clerk to the Board
of Commissioners


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PUBLIC HEARING ON REQUEST TO ABANDON A 1,000-FOOT
RIGHT-OF-WAY OF OLD SMITHFIELD ROAD LOCATED IN
APEX BETWEEN NC 55 BYPASS AND THE SOUTH WAKE LANDFILL

Mr. Brian Coates reported this request was to abandon a 1,000 foot right of way of Old Smithfield Road located in Apex. The road is paved with access onto NC 55 Bypass. The petitioner wishes to abandon and close only the final 1,000 feet of Old Smithfield Road leaving the first section of the road open to provide access to a public recycling center and the South Wake Landfill. It is the site of the Feltonsville Landfill. Wake County is the only property owner adjacent to the portion of Old Smithfield Road subject to this petition. The new landfill will be located just south of that road. Pictures of the site were provided. A public hearing as well as public notice must be held.

Findings include:

Consistent with the Unified Development Ordinance concerning the development of roads in environmentally sensitive areas.
Consistent with Capital Area Metropolitan Planning Organization’s 2030 Plan
Will not affect future connectivity
Will not affect anyone’s ingress or egress from his or her property
Will not adversely affect the health, safety and general welfare of Wake County residents
A new road will be constructed to allow residents access to South Wake Landfill and the convenience and multi-material centers.
It is anticipated that the South Wake Landfill will open in January 2008

Mr. John Robertson said the design of the new road was done last month. The new road should be completed in November. Commissioner Bryan asked about the Transportation Plan. Mr. Coates said this plan does not affect the Transportation Plan. Melonie Wilson reported that there’s a provision in the plan for environmental issues that need to be dealt with quickly. CAMPO does not show this road as needed for connectivity. The plan is to be updated every five years. Chairman Gurley opened the public hearing. John Robertson said he was available to answer any questions.

Mr. Gerald Holloman asked to see where the new access. Mr. Robertson showed Mr. Holloman the map with the new access. No one else came forward.

Staff recommendation: That the Board of Commissioners adopt the attached resolution to close the approximately 1,000 feet of abandoned right-of-way of Old Smithfield Road contingent on approval of deed transfer by NCDOT to Wake County.

Chairman Gurley closed the public hearing.

Upon motion by Commissioner Brown, seconded by Commissioner Ward, the Board voted unanimously to adopt the following resolution to close the approximately 1,000 feet of abandoned right-of-way of Old Smithfield Road contingent on approval of deed transfer by NC Department of Transportation to Wake County.
Resolution Abandoning and Closing Part of Old Smithfield Rd, SR 1172,
Wake County, North Carolina

WHEREAS, closing the requested portion of Old Smithfield Rd is consistent with the policies identified in the Unified Development Ordinance concerning the development of roads in environmentally sensitive areas;

WHEREAS, closing the requested portion of Old Smithfield Rd is consistent with Capital Area Metropolitan Planning Organization’s 2030 Plan;

WHEREAS, closing the requested portion of Old Smithfield Rd will not affect future connectivity;

WHEREAS, closing the requested portion of Old Smithfield Rd will not deprive any property owner reasonable ingress and egress to his property;

WHEREAS, all abutting property owners have petitioned the Wake County Board of Commissioners for abandonment and closing, as indicated by their petition and accompanying map titled “Right-of-Way Abandonment Plat for a portion of Old Smithfield Road- SR 1172”; and

WHEREAS, the applicant must submit a deed and official map to Wake County Register of Deeds Office.

WHEREAS, the Wake County Board of Commissioners held a duly-noticed public hearing and is satisfied that abandonment and closing is not contrary to the public interest and that no abutting owner will be deprived reasonable ingress and egress to his property;

NOW, THEREFORE, BE IT ORDAINED BY THE WAKE COUNTY BOARD OF COMMISSIONERS:

SECTION I
1. Requests that the North Carolina Department of Transportation abandon maintenance of said portion of Old Smithfield Rd as shown on the attached map titled “ Right-of-Way Abandonment Plat for a portion of Old Smithfield Road- SR 1172”, and subject to this abandonment,

2. Orders closing of said part of Old Smithfield Rd, subject to any public utility use or facility locates on, over, or under the road easement, as provided in GS 153A-241.

SECTION II
This amendment shall become effective upon adoption of this ordinance.
Commissioner Brown made a motion that the above ordinance be adopted. Commissioner Ward seconded the motion, and upon unanimous vote, the motion carried this the 7th day of May, 2007.

This Instrument Approved as to Form

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Wake County Attorney Date

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A short recess was held at this time.

REQUEST FROM WAKE COUNTY PUBLIC SCHOOLS FOR APPROVAL OF A
MULTI-YEAR OPERATING LEASE FOR THE DUBOIS CENTER

Ms. Betty Parker, Wake County Public Schools Real Estate Consultant, presented the first reading of a request for approval of a multi-year operating lease for the Dubois Center. She reported that due to the growth in school population in this area of the County, it has been determined that the continued use of this site for a modular school campus is both needed and cost effective. The intended use of the site beginning with the 2007-2008 school year would be for a 9th grade center for Wake-Forest Rolesville High School. Therefore, the Board of Education (BOE) has negotiated and on March 6, 2007 approved a multi-year lease agreement with the Dubois Alumni Association. The term of this lease agreement will commence on August 1, 2007 and expire on June 30, 2012, with an option to renew the lease on an annual basis for a maximum term of 5 years. The annual rent for this facility will be $45,570 if the gymnasium is used by the school system and $37,800 if the gym is not used. It will be determined by the school system if it is economically feasible to complete the necessary improvements to prepare the gym for student use. The rent will remain the same through June 30, 2012. Should the Board of Education elect to extend the term past June 30, 2012, the rent will increase 3% annually. A $26,000 portion of the annual rent will be in the form of a credit against a Note of the Dubois Alumni Association to the Board of Education until the Note is paid in full, after which annual rent payments will be made without credit or setoff. The current balance of the Note is $52,000. State law prohibits the Board of Education from entering into operational leases for school buildings and/or other facilities for more than three years without prior approval from the Board of Commissioners. The Board of Commissioners’ approval would be assumed to be a commitment to appropriate funds in subsequent fiscal years sufficient to meet the obligations of the lease agreement. The Board of Education would appropriate current year’s portion of the rent from existing funds and in future years, use resources appropriated by the Board of Commissioners for the schools.

Ms. Parker said that the Wake-Forest Rolesville school construction is on schedule.
The Dubois School would be used for 9th graders for the next five years. The gym needs to be upgraded to be used by the schools. Wake Forest is currently using the gym for parks and recreation activities but is currently considering replacing the roof. They are working with the Town of Wake Forest on the gym. She talked about the capacity for this facility and said the principal believes it will be near capacity by the second year. The Town of Wake Forest and the Dubois Center Alumni Association are in the process of having the roof replaced. Heating and AC systems have been upgraded but still need work to meet requirements for schools facilities. They are working on making the facility ADA accessible and adding a fire alarm system.

Commissioner Bryan said this facility was sold in 1998 and, with this agreement, over the next ten years, the county could pay over $400,000 for use of the facility. A better use of funds would be to purchase because it even if it would mean only getting six acres. Ms. Parker said they are recommending the agreement for exactly the length of their need. She did not know what the use of the facility would be for after the next four to five years.

Chairman Gurley stated that the schools only went into a two year lease two years ago because the Board of Commissioners (BOC) turned down their request for a longer lease term. This Board of Commissioners rejected the lease two years ago but the Schools entered the lease for two years anyway and used their own funds. Commissioner Ward said the Board of Education asked for a three year lease two years ago which was voted down. They could go into a two year lease without the BOC approval. Commissioner Ward said if the BOC does not approve this request it would put the BOE back in the same situation.

Commissioner Gardner said the sale of this property a couple of years ago was one of the worse decisions made. He asked where the students would be routed if the BOC did not approve this request. Ms. Parker said Heritage High School could be used once completed but it would not meet the immediate need. Ms. Parker said this lease proposal is the most fiscally responsible decision available. There are eight modular units and with the roadways, traffic patterns, and other areas they have looked into, in her opinion, it would be more irresponsible to not approve the lease and this is the most cost effective option.

Commissioner Bryan said this was brought as a temporary option, not that they were going to keep these facilities. He asked for the exact need for this request. Commissioner Ward said the facility was available and it is the most reasonable thing to do to approve this lease request. She stated the BOC should consider this request without the history behind the facility and the two boards. Chairman Gurley said he would vote in favor of this item if the schools would use their own available fund balance. He was extremely displeased that this has come back before the BOC and stated it was a ploy to make this Board admit to making a wrong decision two years ago. He noted the School Board has a fund balance they could use to fund this request. The BOE entered into a lease agreement in spite of the BOC voting against the lease option. They originally requested a three year lease but when the BOC voted against it, they entered into a two year lease because they could do that legally. He said this was a misuse of fund balance and he proposes doing away with the schools fund balance. The BOC has no control of the BOE fund balance.

Commissioner Webb stated the Schools fund balance needed to be maintained because it is good for them to have it when an emergency happens. He offered his support of the requested lease agreement because students keep coming into the system and he could think of no better use of this property.

Commissioner Ward asked the Manager if he could remember what happened in the past. She thought when it was first brought up, there were concerns about power lines and site problems for an elementary school on that site. People didn’t want to move out of Wakefield. Mr. Cooke said there were several developers at that time who said there were options that were not being given due course. The BOC met at the Commons Building where developers presented presentations and options. The BOE still decided to continue to pursue the Dubois site. There was concern from parents on both sides of the issue and the BOE still moved forward and entered into a 2 year lease. Commissioner Ward noted that the BOE is a policymaking board. She suggested the BOC should vote on this today, instead of having two readings, so they would not be in limbo about the facility.

Ms. Parker said it was her responsibility to bring this option to the BOC and she felt it was an excellent opportunity to make a cost effective decision. Chairman Gurley stated that Ms. Parker may have brought this to the BOE in good faith but BOE board members have indicated they supported this because of the political implications.

Commissioner Brown stated that the citizens would like to see the two boards working together as a team. Chairman Gurley stated that this item was discussed with both boards previously and a developer told the boards that they could build the school cheaper and one year earlier but the BOE members said they did not care if the school could be built free and they would continue on this path because if it affects the school distribution then they did not want to consider the option. Chairman Gurley stated that if the County Commissioners are in charge of funding construction of the schools, then the Commissioners should be in charge of building the facilities.

Commissioner Bryan suggested this situation with the Dubois Center be looked at on a longer term and consider purchasing the property versus a rental/lease agreement. Ms. Parker said they are siting schools in that area as quickly as possible.

Commissioner Ward motioned, seconded by Commissioner Brown, to honor the request from the Board of Education to approve the multi-year operating lease for the Dubois Center.

Commissioner Bryan stated that this is the first reading of this request and the Board has typically had two readings before approval of the schools requests. He respectfully requested Commissioner Ward withdraw her motion. He suggested that give some extra time this could be worked out. He stated at this point in discussion, a vote could be premature. He expressed that he would really like both boards to entertain purchasing the Dubois Center as an option. Ms. Parker said she would ask the Dubois Center and the Board of Education but the Dubois board members are not all local so it may take some time.

Commissioner Gardner asked about the 6.2 acres. Ms. Parker said she believed the Dubois Center Alumni Association has some long range plans for the school.

Chairman Gurley stated acting on this motion would not follow the Board’s policy on how to address school matters. Commissioner Brown said she’s a consensus builder and this board needs to work as leaders. Commissioner Bryan stated he would like to support this item but was not sure he would vote for this item without going through the normal process. Vice Chairman Coble asked that this item be delayed so he could study it further prior to voting on the item. Commissioner Webb expressed his support of the motion.

Commissioner Bryan motioned to defer consideration of the Dubois Center lease agreement until May 21st meeting. Vice Chairman Coble seconded the motion. The County Attorney Scott Warren stated that the motion to defer action was in order.

Commissioner Ward withdrew the motion stating that she would do this if others would keep an open mind on this item which would be reconsidered in two weeks. Commissioner Brown agreed with withdrawing her second. Commissioner Bryan withdrew his motion to delay the item and Vice Chairman Coble also agreed. No action was taken on this item.

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APPROVAL OF THE FY2007-08 AFFORDABLE HOUSING ACTION PLAN

Ms. Annemarie Maiorano said there are 12 members on this board. She introduced the Dr. Dianne Dunning who was Chairman of the Affordable Housing Committee. Ms. Maiorano informed the Board that the affordable housing program is for families that have less than $30,000 per year income and many are social services clients. She noted that the Housing and Community Revitalization Division of the County’s Human Services Department implements the plan. The Housing and Community Revitalization Division has $1,200,859 in program income and grant funds from prior years to allocate in FY 2007-08.

The Housing Action Plan includes four programs:
Housing rehab
Affordable housing development
Rental assistance
Public facilities improvements (in partnership with towns)


The priorities for annual spending outlined in the 2005-2010 Consolidated Plan are:
Homeowners earning less than $30,000 per year;
Renters earning less than $30,000 per year;
Homeless individuals and families;
Non-homeless individuals and families with special needs. HCR uses four strategies to implement its program:
Preserve existing housing;
Develop additional housing;
Provide short-term rental assistance;
Fund public facilities improvements in low-income neighborhoods.

Ms. Maiorano asked for approval of 2007-2008 Affordable Housing Action Plan as follows:

Revenue
CDBG
$1,426,545
CDBG Program Income
$788,775
CDBG Carryover
$503,278
HOME
$676,598
HOME Match
$104,000
HOME Program Income
$388,806
County Funds
$1,000,000
County Program Income
$90,000
American Dream Down Payment Initiative (ADDI)
$16,675
Total
$4,994,677

Expenditures
Administration
$332,385
Homeowner Rehabilitation
$892,420
Public Facilities
$1,246,022
Planning Activities
$28,500
Affordable Housing Development
$2,393,675
Support Circles
$85,000
Down Payment Assistance
$16,675
Total
$4,994,677


The includes rehabilitation for 15 homes for housing rehab (average costs is $50,000 per home) and make 10 emergency grants.

CDBG:
Housing Rehabilitation - $892,420
Loans are used for home repairs in substandard homes occupied by low-income families. The loans are amortized at a 0-3% interest rate over 15 years. The average loan amount is $50,000 for repairs, with an average administration cost of approximately $5,000 per loan.

CDBG Infrastructure Projects - $1,246,022
Church Street Sidewalk Morrisville $166,202
West Barbee Street Sidewalk Zebulon $201,600
North Wakefield Sidewalk Zebulon $226,800
Todd Hill Drive Pavement Wendell $145,320
Repairs to Armory Building Zebulon $262,500
Harwood Street Improvements Apex $243,600
Total $1,246,022

Affordable Housing Development Budget Summary:
CDBG: $286,930
HOME: $1,101,745
Country: $1,005,000
Total: $2,393,675

There are three sidewalk Infrastructure Projects and a community center in Zebulon are included as well as others. New this year is rental funding for families to be matched up with a support circle. The plan subsidizes approximately 120 housing units and keeps them affordable for at least 20 years.

The County is responding to the needs of the towns. The Towns are providing more than 20% of the sidewalk expenses. Short term rental subsidy is also provided outside the City of Raleigh.

Upon motion by Commissioner Gardner, seconded by Commissioner Ward, the Board of Commissioners voted unanimously to approve the 2007-2008 Affordable housing Action Plan and authorize the Chairman to sign documents necessary to submit the Action Plan to HUD and to carry out activities described in the plan.

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APPROVAL OF MULTI-FAMILY HOUSING DEVELOPMENT
LOAN RECOMMENDATIONS

Ms. Anne Maiorano reported that Wake County’s Housing and Community Revitalization Division in partnership with the City of Raleigh’s Community Development Department distributed a request for proposals for affordable housing development on October 20, 2006. They received ten proposals for funding requests totaling $2,982,000. She reviewed the criteria for evaluating the proposals. The responses have been reviewed by staffs of the city and county.

Staff recommended the following proposals receive funding:

1. A grant of 150,000 to The Serving Cup for Green Level Apartments, located in Cary. This development will add 6 units of housing affordable to developmentally disabled persons earning less than $15,050/year. The Wake County per unit subsidy is $25,000. Wake County will maintain a lien on the property for 40 years.

2. A grant of $310,000 to Community Alternatives for Supportive Abodes (CASA) for Salisbury Apartments, located in Raleigh. The development will add 10 units of housing affordable to persons who are homeless earning less than $15,050/year.

The units are targeting persons who receive services at the South Wilmington St. Center. CASA has a good track record for developing affordable housing. The Wake County per unit subsidy is $31,000 and Wake County will maintain a lien on the property for 30 years.

3. A grant of $600,000 to DHIC, Inc. for Brookridge Apartments, a 40-unit efficiency apartment development located in Raleigh. The development will add 30 units of housing affordable to persons earning less than $20,040/year. The remaining 10 units will be affordable to persons earning less than $25,050/year. DHIC, Inc. has a good track record for developing affordable housing. The Wake County per unit subsidy is $20,000/unit and Wake County will maintain a lien on the property for 30 years.

4. A loan of $50,000 at 2% interest to DHIC, Inc. for Wakefield Hills Apartments, an 80-unit family development located in Wakefield Plantation in Raleigh. This is a request of $50,000 in addition to the $250,000 already awarded to the development in FY2004. The development will add 20 units for families earning less than $21,500/year. The remaining 60 units are affordable to families earning less than $42,960 per year. The Wake County subsidy is $15,000/unit.

When the project was originally submitted, the estimated cost was approximately $8.4 million. Three years after the commitment, the construction is starting and the cost is projected to be $10,177,573. The cost increases are due mostly to difficult site conditions as well as increases in general construction costs. The difference has been made up by a grant from NeighborWorks America and additional equity from the tax credit investor, but there is still a gap. DHIC requests an additional $50,000 from Wake County and an additional $200,000 from the City of Raleigh. Wake County will receive an additional $22,750 in repayment during the loan-amortizing period; the rest of the increase will be paid as a balloon in year 20.

5. A loan of $552,000 at 2% interest to Evergreen Construction for Mingo Creek Apartments, a 92-unit family development located in Knightdale. The development will add 24 units for families earning less than $21,500/year. The remaining 68 units are affordable to families earning less than $42,960/year. Evergreen has a good track record for developing affordable housing. The Wake County subsidy is $23,000/unit and the loan will be repaid with interest over a 30-year period.

On April 10, 2007 the Knightdale Town Council passed an affordable housing resolution limiting the number of affordable housing units that can be developed in Knightdale to 120. A copy of the resolution is attached. Currently, there are 108 existing affordable units in Knightdale, therefore, under the resolution only 12 additional affordable housing units can be developed in the town. Evergreen Construction plans to ask the town for an exception to this resolution in May so that Mingo Creek Apartments can be developed.

The Housing Committee of the Human Services Board recommended funding for Mingo Creek Apartments prior to the Town of Knightdale adopting its affordable housing resolution. The Committee discussed both the application and the affordable housing resolution at their April 19th meeting and voted to keep the initial funding recommendation for Mingo Creek Apartments in-place. However, the County’s policy is to support projects that also have the support of the municipality. If the Town of Knightdale does not approve this project, the County will withdraw its support and funding recommendation.

Upon motion by Commissioner Ward, seconded by Commissioner Webb, the Board voted unanimously to approve the following:
1) A grant of up to $150,000 to The Serving Cup for Green Level Apartments.
2) A grant of up to $310,000 to CASA, Inc. for Salisbury Apartments.
3) A grant of up to $600,000 to DHIC, Inc. for Brookridge Apartments.
4) A supplementary loan of up to $50,000 to DHIC, Inc. for Wakefield Hills Apartments,
5) A loan of up to $552,000 to Evergreen Construction Company for Mingo Creek Apartments; and further, that all awards are contingent upon the development receiving approval from the local municipality, including site plan approval and all necessary permits. In addition, all awards are contingent upon the basic terms as identified in the project descriptions, including the financial partners as identified.

Commissioner Ward complemented Ms. Maiorano, her staff and board on a job well done.
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APPROVAL OF REVISED EMERGENCY MEDICAL SERVICES AGREEMENTS

Mr. John Rukavino said these changes are proposed because of EMS system dealing with state licensing program and issues. These agreements authorized them to work with Chatham County and the Chatham County Board was scheduled to adopt the agreements this morning. These agreements attempt to streamline EMS. He explained some of the reasons for the agreements.

Upon motion by Commissioner Webb, seconded by Commissioner Ward, the Board voted unanimously to authorize the County Manager to execute the revised service agreements with contract EMS squads.

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APPOINTMENTS

a)Wake County Historic Preservation Commission - Commissioner Bryan nominated Laura K. Howell.
b)WakeMed Hospital Board of Directors – Commissioner Coble nominated Larry Barbour for Eugene Truelove’s position. Commissioner Ward nominated Susan Safran for William Pinna’s position. Commissioner Coble motioned, seconded by Commissioner Bryan, to appoint Larry Barbour to Eugene Truelove’s position.
The motion passed five to two. Commissioner Coble motioned, seconded by Commissioner Bryan, to postpone consideration until October 2010 on William Pinna’s. This motion passed with a four to three vote. Commissioners in favor were Coble, Bryan, Gurley, and Gardner. Commissioners opposed were Brown, Ward and Webb. The final action was to postpone consideration on William Pinna until October 2010.
c)Wake Technical Community College Board of Trustees - Commissioner Ward nominated Rodger Koopman. Commissioner Bryan nominated James E. Herbst. Commissioners Brown, Gardner, Gurley, Bryan and Coble voted for James E. Herbst. Commissioners Ward and Webb voted to Rodger Koopman. Mr. James E. Herbst won the nomination.
d)Centennial Authority – Commissioner Gardner nominated Steve Stroud and Michael R. Ferrell, with the suspension of rules regarding term limits.
e)City of Raleigh Board of Adjustment – Commissioner Coble nominated Tommy Jeffreys as a regular member. Commissioner Webb nominated Mary Smith-Morrison, with suspension of the rules regarding term limits, as an alternate member.

Upon motion by Commissioner Gardner, seconded by Commissioner Bryan, the Board voted unanimously to accept nominations by acclamation.
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COMMITTEE REPORTS

Commissioner Coble reported that in the last several weeks he has been working on the question about the second duty truck in the Town of Rolesville. The Peer Review Committee had voted against the request of Rolesville to keep the second duty truck. They have now approved proposed language which Commissioner Coble provided below.

BOC “Wake County has chosen to contract with non-profit agencies to provide a portion of EMS service. The contracted agencies serve at the pleasure of the County Commission via franchise and may not independently provide EMS care in the absence of such a franchise.”
BOC “endorses the Wake EMS System Peer Review Committee and the method of resource placement currently employed by this Committee”
BOC “endorses a boundary-free EMS System for Wake County whereby all participants move resources to areas of need regardless of historical “territory” or “response district””
BOC “recognizes that the second-duty resource in Rolesville does not meet requirements for full inclusion in the Wake EMS System. Consequently, the second duty resource will continue to be a system resource to be used by the EMS System with the exception that the second duty resource will not be part of the key station coverage matrix”
BOC “requires the second duty ambulance in Rolesville to respond only when the first duty ambulance in Rolesville is already tasked with patient care activity”


BOC “acknowledges that all revenue obtained as a result of patient care undertaken by the Rolesville second duty truck will be collected and retained by Rolesville EMS, as is the current practice. All costs beyond what the System provides for spare ambulances, however, will be borne by Rolesville EMS. This includes all necessary computer equipment, fuel, and other operating expenses. Additionally, Rolesville EMS will reimburse Wake County $125 for each transport in order to cover indirect costs for the provision of EMS.”

BOC “instructs Rolesville EMS to provide open and hospitable reception to any and all Wake EMS System resources that locate themselves in and around Rolesville in order to provide emergency medical care. This includes, but is not limited to, use of the Rolesville EMS station.”


Commissioner Ward motioned to approve the interlocal agreement. Commissioner Gardner expressed concern about making an exception for the Town of Rolesville, indicating that the whole community should have the same standard and asked what it
would it take to bring the whole county up to the same level. Dr. Myers said it would take 60 additional trucks and 8-12 areas have the same coverage as Rolesville without this agreement. Commissioner Gardner stated that if this is so good for one are it should be good for other areas in the county. According to the report on responses there are hotter areas then Rolesville. As a policy making Board, they could ask them to raise the minimum coverage for entire county. He suggested they return to the Board of Commissioners with a model.

Commissioner Coble said they discussed the truck being used part time in Rolesville and that this is a pre-existing situation that should be grandfathered into the system. Rolesville established this truck through its own fundraising efforts. As Rolesville continues to grow, they truck will be added to the fulltime matrix and it will be part of a uniform system. Commissioner Brown stated she attended the Peer Review Committee and would like to have the citizens come forward that attended that meeting. Mr. Frank Hodges, Matt Livingston, Frank Eagles, and Beth Trahos as the Town Attorney all came forward. Commissioner Brown said this request was brought before each committee meeting and was turned down. This truck has been in Rolesville for a number of years. Dr. Myers has worked with the group trying to solve this problem and they are in support of the proposed language. EMS people are knowledgeable and professional.

Mr. Cooke said this was a pre-existing truck prior to the system and it would not cost the county additional money. Rolesville will pay the operating expenses for this truck, not the county. Commissioner Gardner said the folks in Garner said they had the same situation when the county started the countywide system, but they had to lose their truck.

Dr. Brent Myers said the financing of this issue is important to the commissioners but it is an issue of keeping properly trained paramedics to him. He was not concerned about the financing of the truck or expenses. There could be a danger to placing paramedics out where they are not seeing a lot of patients. Mr. Cooke said there would be no county subsidy for the truck. The Town of Rolesville has agreed to fund the truck.

Mr. Jessie Gay with Rolesville EMS Board of Directors said that $125 per call will go back to the county, everything else will be paid by the Town of Rolesville or Rolesville EMS. There was further discussion about the language provided being accurate on this item.

Upon motion by Commissioner Coble, seconded by Commissioner Brown, the Board voted unanimous to have the language in the proposal be reviewed by the County Manager and an interlocal agreement be brought to the Board for approval.

Commissioner Webb reminded everyone to go to the Southgate Library grand opening tomorrow evening, May 8th at 6pm.

Commissioner Bryan reported the Special Transit Advisory Committee has met and will be working on a regional approach for the counties.

Commissioner Bryan thanked the Blue Ribbon Committee members once again for the update and that he had received many good comments on the update.

Commissioner Bryan noted that County Assembly Day was last Wednesday and a bill was submitted for additional funds for transportation by the General Assembly. Commissioner Ward suggested a luncheon with the General Assembly members would be a good idea.

Commissioner Coble noted that Senate Bill 383 was sent to him by Senator Neal Hunt concerning moving Board of Education member elections to even number of years for the at-large members.

Commissioner Coble offered a motion to endorse Senate Bill 383 which was seconded by Commissioner Gurley. Commissioner Webb said there needs to be more discussion about the effects of this bill. Commissioner Bryan said he also supported the goal of this bill but felt the whole board should be present to discuss and vote. Two commissioners had stepped away for a moment. Commissioner Webb said this change would deny minorities representation after election year 2010. The Board members decided to table discussion on this item until further information could be obtained.

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CLOSED SESSION

Mr. Scott Warren noted the Board was authorized to go into Closed Session under General Statute 143-318.11(a)4 to discuss matters relating to the location or expansion of industries or other businesses in the area served by the public body.

Upon motion by Commissioner Ward, seconded by Commissioner Coble, the Board voted unanimously to go into closed session as noted by the County Attorney.
Chairman Gurley reconvened the open session and announced no action was taken in closed session.

Upon motion by Commissioner Bryan, seconded by Commissioner Brown, the Board voted unanimously to adjourn the meeting at 6:50pm.
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Respectfully submitted,


Susan J. Banks, CMC
Clerk to the Board