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WAKE COUNTY BOARD OF COMMISSIONERS

Regular Meeting

November 18, 2103

2:00 P.M.

Room 2700, Wake County Justice Center

Members present were: Chairman Joe Bryan, Paul Coble, Tony Gurley, Phil Matthews, Caroline Sullivan, Betty Lou Ward, James West

Others attending were: David C. Cooke, County Manager, Scott Warren, County Attorney, Susan J. Banks, Clerk to the Board, Denise Hogan, Deputy

Clerk, Joe Durham and Johnna Rogers, Deputy Managers and Denise Foreman, Assistant to the Manager. Meeting Called to Order: Chairman Joe Bryan Pledge of Allegiance Invocation: Commissioner Tony Gurley Items of Business

Approval of Agenda Betty Lou Ward motioned, seconded by Paul Coble, to approve the meeting agenda. The motion passed unanimously.

Approval of the Minutes of the Commissioners' Special Meeting of October 28 and Regular Meeting of November 4, 2013

Paul Coble motioned, seconded by Caroline Sullivan, to the Minutes of the Commissioners' Special Meeting of October 28 and Regular Meeting of November 4, 2013. The motion passed unanimously.

2013 State of the County Address

Proclamation Recognizing November as National Hospice Month Mr. Cooper Linton, Vice-President Marketing and Business Development, Hospice of Wake County, thanked the Board of Commissioners for their

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support and requested their approval of the Proclamation recognizing November as National Hospice Month.

Vice-Chair Matthews read aloud the proclamation.

Paul Coble motioned, seconded by Caroline Sullivan, to Proclamation

Recognizing November as National Hospice Month. The motion passed unanimously.

Proclamation for

National Hospice Palliative Care Month

November 2013

WHEREAS, hospice and palliative care empower people to live as fully as possible, surrounded and supported by family and loved ones, despite serious and life-limiting illness; WHEREAS, hospice and palliative care bring patients and family caregivers the highest quality care delivered by an interdisciplinary team of skilled professionals that includes physicians, nurses, social workers, therapists, counselors, health aides, spiritual care providers and others who make the wishes of each patient and family a priority; WHEREAS, through pain management and symptom control, caregiver training and assistance, and emotional and spiritual support, allowing patients to live fully up until the final moments, surrounded and supported by the faces of loved ones, friends, and committed caregivers; WHEREAS, Each year, hospice saves Medicare more than $2 billion by providing solutions for physicians, care to patients and comfort to families anywhere, at any time. WHEREAS, every year more than 1.65 million Americans living with life-limiting illness, and their families, received care from the nation’s hospice programs in communities throughout the United States; WHEREAS, more than 450,000 trained volunteers contribute 21 million hours of service to hospice program annually; WHEREAS, hospice and palliative care providers encourage all people to learn more about options of care and to share their wishes with family, loved ones, and their healthcare professionals; NOW, THEREFORE, BE IT RESOLVED that the Wake County Board of Commissioners hereby proclaims November 2013 as National Hospice Palliative Care Month and encourages citizens to increase their understanding and awareness of care at the end of life and to observe this month with appropriate activities and programs. ADOPTED this 18th day of November, 2013.

____________________________

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Joe Bryan, Chairman Wake County Board of Commissioners

Retiree Recognition Mr. David Cooke, County Manager, recognized Ms. Bertia Cokley, Ms. Martha

Greer, Ms. Mary Williams, and Mr. Timothy Barbour for their years of service to Wake County. He presented each of them individual plaques commemorative of their service.

Recognize Retiring County Manager, David Cooke Chairman Bryan recognized Mr. David Cooke that will be retiring November 30.

He presented a plaque to him for his service.

Chairman Bryan presented him with a resolution. Commissioner Gurley read aloud the resolution.

Tony Gurley motioned, seconded by Phil Matthews, to approve the Resolution Recognizing Retiring County Manager, David Cooke. The motion passed

unanimously. Resolution of Appreciation

David C. Cooke

Wake County Manager WHEREAS, Wake County Manager David C. Cooke, familiarly called the Best County Manager in America, was hired in September 1996 as Deputy Manager and promptly went to work in the Emergency Operations Center during Hurricane Fran; and WHEREAS, in May 2000, the Board of County Commissioners appointed Mr. Cooke as interim manager effective July 1 and later, in August 2000 was named Wake County Manager to serve until his retirement on November 30, 2013; and, WHEREAS, during Mr. Cooke's tenure as Wake County Manager, he used a collaborative management approach by implementing employee based policy groups to analyze, discuss, debate and make recommendations to the Board of County Commissioners; and WHEREAS, Mr. Cooke encouraged the hiring of creative thinking department heads who initiated innovative programs such as the Advanced Care Paramedic and Middle Class Express programs; and WHEREAS, during the seventeen year reign of Mr. Cooke there were thirteen successful bond referendums for educational facilities, libraries, and open space; and WHEREAS, Mr. Cooke is applauded for his budgetary strategies which encouraged teamwork among employees in an effort to move Wake County successfully through alternate times of

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growth and recessions; and miraculously had a total of three budgets approved by the Board of Commissioners on the consent agenda; and

WHEREAS, some of Mr. Cooke’s greatest achievements are the partnerships formed between

Wake County and its municipalities from implementation of projects such as the Greater Raleigh Convention Center, Neuse River Greenway, South Wake Municipal Solid Waste Landfill, and UNC Healthcare; and WHEREAS, Mr. Cooke encouraged full contact open debate between County Commissioners and County staff and supported a platform for open transparent governance with the completion of the Wake Watch online budget and accounting system; and, NOW, THEREFORE BE IT RESOLVED that the Wake County Board of Commissioners honors David C. Cooke on this bittersweet day and offers him best wishes on his future and congratulates him on a job well done for the citizens of Wake County. ADOPTED this the 18th day of November, 2013.

Wake County Board of Commissioners

Joe Bryan, Chairman

Paul Coble Tony C. Gurley Phil Matthews Caroline Sullivan Betty Lou Ward James West

Presentation of the

Order of the Long Leaf Pine to

David C. Cooke Wake County Manager

Chairman Bryan shared the letter with Mr. Cooke that was sent to North Carolina Governor Pat McCrory about Mr. David C. Cooke requesting he be

considered for the honor of receiving the Order of the Long Leaf Pine. The letter was signed by all seven county commissioners.

September 6, 2013

Governor Pat McCrory

Office of the Governor

State of North Carolina

20301 Mail Service Center

Raleigh, NC 27699-0301

Dear The Honorable Governor McCrory:

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Mr. David Cooke is retiring on November 30, 2013 from his current position as the Wake County

Manager, or rather the Best County Manager in the United States. The Wake County Board of

Commissioners would like to support his nomination for the Order of the Long Leaf Pine.

Mr. Cooke received his Bachelor of Arts in May 1982 and Masters of Public Administration in December

of 1984 at the University of North Carolina – Chapel Hill. While at Chapel Hill Mr. Cooke was a two time

All-American wrestler and has been recognized as one of the top 50 ACC wrestlers of all time. In

somewhat jest, his managerial expertise has been attributed to his wrestling in that "he learned how to

stay low and watch his back."

Mr. Cooke came to Wake County from the City of Charlotte where he worked from September 1985

until September 1996. When he first came to Wake County Government in September 1996, he was

hired as the Deputy County Manager and in August 1, 2000 was promoted to the County Manager

position

Mr. Cooke currently oversees a County workforce of 3,800 and a $960 million budget. He has always

challenged his employees to perform at their best for the citizens of Wake County. He is married and

the proud father of two sons; the oldest a recent NC State graduate and the youngest attends UNC –

Charlotte.

Mr. Cooke has demonstrated achievements in economic development for the benefit of Wake County

and the State of North Carolina by participating in the active recruitment of companies such as Novartis,

Credit Suisse, Fidelity, NetApp, MetLife and Red Hat. Mr. Cooke worked diligently with the Greater

Raleigh Chamber of Commerce in securing these world class companies with high paying jobs. In

conjunction with the City of Raleigh, Mr. Cooke was instrumental in the planning, financing and

construction of the Raleigh Convention Center. He has been an avid supporter of one of the county’s

greatest assets, the ever expanding Wake Technical Community College.

Mr. Cooke is a proponent of partnerships including surrounding counties, municipalities, chambers of

commerce, and NC State University. During his time at Wake County he has been proactive in:

Issuance of 15 General Obligation Bonds totaling $2,286,165,000 for Wake County Public School

System construction

Transition of Mental Health Services

Improved Solid Waste processes and policies, Recycling and Convenience Centers

Transparency in government

Open Space and Parks

Construction projects including the Wake County Justice Center, WakeBrook Campus, Wake

County Detention Center, numerous libraries and regional center for human services

Transit

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When Mr. Cooke started his work with Wake County in 1996, he was met with working through the

damage assessment and recovery from Hurricane Fran. He has been supportive of Wake County

offering mutual aid assistance whenever other communities have suffered a crisis. Mr. Cooke has lead

the County through many natural disasters including the Ice Storm of January 2005 which shut

everything down, grid-locking all the roads and stranding children in schools overnight; accepting

evacuees from Hurricane Katrina in August 2005; and the recovery from the tornado of April 2012.

He has been on the leading edge in transparency in local government such as spearheading an online

accounting system called Wake Watch for the benefit of an open flow of information to the citizens of

Wake County.

One of his most proud achievements has been the approval of the Wake County Annual Budget with no

tax increase on the Board of Commissioners’ Consent Agenda for the last three years.

Mr. Cooke is retiring from Wake County and it would be a great honor for you to present him with the

Order of the Long Leaf Pine at the Board of Commissioners’ meeting on November 18, 2013 at 2:00 p.m.

Mr. Cooke will be leaving Wake County a better place for our children and grandchildren and we wish

him and his family well in continuing his life grand journey.

Joe Bryan Phil Matthews Paul Coble Tony Gurley

Chairman Vice Chair Commissioner Commissioner

Caroline Sullivan Betty Lou Ward James West

Commissioner Commissioner Commissioner

Chairman Bryan then presented Mr. David C. Cooke with the honor of the

Order of the Long Leaf Pine recognition issued by North Carolina Governor Pat McCrory.

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Chairman Bryan then presented Mr. David C. Cooke him with the honor of the Order of the Long Leaf Pine recognition issued by Governor Pat McCrory.

Dr. Stephen Scott, President of Wake Technical Community College, presented Mr. Cooke with a resolution from the Wake Technical Community College

Board of Directors.

RESOLUTION OF APPRECIATION

Awarded To

David Cooke

WHEREAS, the Wake Tech Board of Trustees wishes to honor and recognize County Manager David Cooke for his dedication and service to Wake County; and

WHEREAS, Mr. Cooke began serving the people of Wake County as Deputy County Manager in September 1996; and

WHEREAS, Mr. Cooke became the Manager of Wake County in August 2000; and

WHEREAS, Mr. Cooke earned his undergraduate degree in Public Policy Analysis and his Master of Public Administration at the University of North Carolina at Chapel Hill; and

WHEREAS, Mr. Cooke successfully managed a $980 million budget; 3,800 employees; and the day-to-day operations associated with all county services; and

WHEREAS, Mr. Cooke has formed significant partnerships on behalf of Wake County with dozens of governmental and non-government organizations; and

WHEREAS, Mr. Cooke’s service as a member and officer of various state and national organizations and associations proves vital to his achievements and role as an influential leader; and

WHEREAS, Mr. Cooke has demonstrated a consistent desire and ongoing commitment to making education a top priority during his tenure in Wake County;

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WHEREAS, Mr. Cooke has worked tirelessly with Wake Technical Community College on job creation and economic and workforce development;

NOW, THEREFORE, BE IT RESOLVED THAT the Wake Tech Board of Trustees recognizes David Cooke as an important leader who has helped Wake County secure its status as a dynamic, innovative community full of talent and potential; and wishes him the best in his retirement and future endeavors.

Mr. Perry Safran, Centennial Authority, presented Mr. Cooke with a bobblehead imitation of Mr. Cooke in a Carolina Hurricanes jersey symbolizing

Mr. Cooke's devotion to the Carolina Hurricanes Hockey Team.

Mr. Cooke spoke of his accomplishments through his years of service.

Consent Agenda There were no items on the consent agenda for this meeting.

Public Comments:

Mr. T.J. Cauley spoke about the recent transit meeting and Wake County's transit plan. He said that future plans for transit must be planned today.

Ms. Grace Lawrence, Friends of Wake County Soil and Water Conservation District, invited the Board to a dinner at the district on December 5.

Mr. Keith Herrod spoke about the competitive bidding method process for Wake County Public School System (WCPSS) and WCPSS ignores the laws governing

construction management for school buildings. He said local businesses are left out of the bidding process because of their practices. He spoke about a competitive bid process that could have saved Wake County taxpayers. He

challenged the Board of Commissioners and Wake County Public School System to follow a process by which bidding can be competitive and fair for

school facilities.

Regular Agenda

Jim W. Perry, Chair

Board of Trustees

Stephen C. Scott, Secretary

Board of Trustees

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Public Hearing and Adoption of Bond Order Authorizing the Extension of Bond Order for $45 Million Library Facilities Bonds

Ms. Nicole Kreiser, Wake County Capital and Debt Manager, presented the request for extension of the bond order for an additional three years from the

original date. The Board must hold a public hearing prior to adopting the attached resolution extending the $45 million Library Facilities Bonds Order

that were originally adopted on August 6, 2007 and approved by the voters on October 9, 2007, from seven years to ten years. The County's debt and capital financial model calls for all of the remaining bonds to be issued by

winter/spring 2017. The timing of the bond sales will be revisited once construction schedules of the remaining projects planned to be funded by the

2007 library general obligation bonds are finalized.

Chairman Bryan opened the public hearing. No one came forward. Chairman Bryan closed the public hearing.

Ms. Kreiser said the staff recommends approval of the extension of the bond

order for library bonds until October 9, 2017.

Betty Lou Ward motioned, seconded by Caroline Sullivan, to adopt the

resolution, following the properly held public hearing, extending the $45 million Library Facilities Bonds Order, originally adopted on August 6, 2007

and approved by the voters on October 9, 2007, from seven years to ten years.

The motion passed unanimously.

The Board of Commissioners for the County of Wake, North Carolina, met in regular session in

the Board Room of the Wake County Justice Center, Room 2700, 301 South McDowell Street in Raleigh,

North Carolina, the regular place of meeting, at 2:00 p.m., on November 18, 2013, with Joe Bryan,

Chairman, presiding. The following Commissioners were:

Present: Paul Coble, Tony Gurley, Phil Matthews, Carolina Sullivan, Betty Lou Ward, and James

West.

Absent: N/A

Also present: David C. Cooke, County Manager; Scott Warren, County Attorney; Johnna Rogers

and Joe Durham, Deputy Managers, Denise Hogan, Deputy Clerk, Denise Foreman, Assistant to the

Manager and Susan J. Banks, Clerk to the Board.

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* * * * * *

Chairman Joe Bryan announced that this was the hour and day fixed by the Board of

Commissioners for the public hearing upon the proposed extension of the bond order entitled: “ORDER

AUTHORIZING $45,000,000 LIBRARY FACILITIES BONDS” and that the Board of Commissioners would

immediately hear anyone who might wish to be heard on the question of whether the maximum time

period for issuing bonds under such bond order should be extended from seven years to ten years.

A list of persons appearing to be heard on the questions of the validity of said order or the

advisability of issuing said bonds and a summary of their statements and a list of persons that provided a

written statement relating to said questions is set forth in Exhibit A attached hereto.

Thereupon, Chairman Joe Bryan introduced the following order the title of which was read and

copies of which had been distributed to each Commissioner.

ORDER AUTHORIZING THE EXTENSION OF A BOND ORDER AUTHORIZING

$45,000,000 LIBRARY FACILITIES BONDS OF THE COUNTY OF WAKE, NORTH

CAROLINA

BE IT ORDERED by the Board of Commissioners (the “Board of Commissioners”) for the County

of Wake, North Carolina (the “County”):

1. That, after a public hearing and due consideration by the Board of Commissioners, the

maximum time period for issuing bonds under the order entitled “Order Authorizing $45,000,000 Library

Facilities Bonds” of the County, adopted by the Board of Commissioners on August 6, 2007 and approved

by the vote of a majority of the qualified voters of the County who voted thereon at a referendum duly

called and held on October 9, 2007, is hereby extended from seven years to ten years.

2. That this order shall take effect 30 days from the date of publication of said order.

Upon motion of Commissioner Betty Lou Ward, seconded by Commissioner Caroline Sullivan,

the order entitled: “ORDER AUTHORIZING THE EXTENSION OF A BOND ORDER AUTHORIZING

$45,000,000 LIBRARY FACILITIES BONDS OF THE COUNTY OF WAKE, NORTH CAROLINA” was

read and placed upon its passage. The vote upon the passage of said order was:

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Ayes: Joe Bryan, Paul Coble, Tony Gurley, Phil Matthews, Carolina Sullivan, Betty Lou Ward,

and James West.

Noes: N/A

Chairman Joe Bryan then announced that the order entitled “ORDER AUTHORIZING THE

EXTENSION OF A BOND ORDER AUTHORIZING $45,000,000 LIBRARY FACILITIES BONDS OF THE

COUNTY OF WAKE, NORTH CAROLINA” had been adopted.

The Clerk to the Board of Commissioners was thereupon directed to publish said order, together

with the appended statement as required by § 159-64 of the General Statutes of North Carolina, as

amended, once in The News and Observer.

* * * * * *

I, Susan J. 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 the Board of

Commissioners for said County at a regular meeting held on November 18, 2013, as it relates in any way

to the holding of a public hearing and the adoption of an order authorizing the extension of a bond order

authorizing library facilities bonds of said County and that said proceedings are recorded in the minutes of

the Board of Commissioners for said County.

I DO HEREBY FURTHER CERTIFY that proper notice of such regular meeting was given as

required by North Carolina law.

WITNESS my hand and the official seal of said County this 18th day of November, 2013.

Clerk to the Board

[SEAL]

EXHIBIT A

[A list of any persons making comments and a summary of such comments to be attached. If no comments are made, please insert “None”.]

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Approval of the North Carolina Department of Transportation FY 2013-2014 Secondary Roads Construction Program for Wake County

Mr. Reid Elmore, District Engineer, North Carolina Department of Transportation, thanked Mr. Tim Maloney and his staff for their assistance.

Mr. Elmore recognized his staff present: Mr. Joey Hopkins, Mr. Brandon Jones, Mr. Jason Holmes, Mr. Brent McCurry, and Mr. Taylor Byrd.

Mr. Elmore said the Wake County Transportation Plan, approved by the Board of Commissioners in April 2004, supports the North Carolina FY 2013-2014

Secondary Roads Program for Wake County through its stated objectives of accommodating growth and its related traffic increases and maintaining and

improving roadway safety. He shared the roads to be constructed in the Secondary Roads Construction Program and construction schedule for the

Board's approval.

RESOLUTION IN SUPPORT OF

NORTH CAROLINA DEPARTMENT OF TRANSPORTATION

FY 2013- 2014 SECONDARY ROADS CONSTRUCTION PROGRAM

Wake County

FY 2013-2014 Allocations Highway Fund GS 136-44.6 $460,488.21

Previous Highway Fund Balance $1,137,270.31

Total $1,597,758.52

Plans for Previous Highway Fund Balance

SR No. Length (Miles)

Project Description Additional Funding

Various Roads Various Spot Stabilization (Funds used for dirt road maintenance)

$225,000.00

Various Roads Various Paved Road Improvements $912,270.31

Subtotal $1,137,270.31

Proposed FY 2014 Project

SR No. Length (Miles)

Project Description Additional Funding

Various Roads

Various Paved Road Improvements (Includes patching, widening, and other improvements)

$460,488.21

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Subtotal $460,488.21

GRAND TOTAL $1,597,758.52

**Additional Highway Fund project balances from completed projects will be used on either Spot

Stabilization or Paved Road Improvement Projects.

ADOPTED this 18th

day of November, 2013.

__________________________

Joe Bryan, Chairman

Phil Matthews motioned, seconded by Betty Lou Ward, to the Resolution in Support of the North Carolina Department of Transportation FY 2013-2014 Secondary Roads Construction Program for Wake County. The motion passed

unanimously.

Award $2,589,900 Construction Contract for Wake County Courthouse

Renovations to Floors 7, 8, 9, 11 and 12 Mr. David Rutherford, Project Manager, Wake County Facilities Design and

Construction, reported on the renovations being made to floors 7, 8, 9, 11, and 12 in the Wake County Courthouse. He said bids were complete on October

13, 2013 for this project. He provided the following background:

Consistent with the referenced facility improvement plan, renovation to

portions of floors 7, 8, 9, 11 and 12 of the Courthouse is the next scheduled phase of construction. A portion of each of these floors has

been renovated earlier by previously completed phases. In preparation for this new renovation phase a contract was awarded in June 2013 for

demolition and abatement of asbestos containing fireproofing and installation of new non-asbestos fireproofing for each floor. Demolition and abatement work on this previously awarded contract is nearing

completion.

In accordance with the recommendations in the Justice Facility Master Plan, this upcoming renovation project includes up fitting portions of

floors 7, 8, 9, 11 and 12 totaling approximately 35,500 square feet. Floors 7, 8, and 11 include renovations for court support-related offices, conference rooms, storage space, and holding cells. Renovations on

Floors 9 and 12 include upgrades to the elevator lobbies and construction of new public toilets to meet ADA standards. The public

waiting areas and corridors on the ninth floor will also receive new finish upgrades. Additionally the areas of work on all of the floors to be

renovated will include installation of a new energy efficient HVAC system, upgrading existing electrical and plumbing systems and installing a new fire sprinkler system to cover the renovated areas of each floor. The

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design of the renovated spaces has been closely coordinated with the Court Space Planning Committee.

On October 31, 2013 bids for this project were received from four pre-

qualified general contractors in accordance with NC Statutes. A tabulation of bids received is attached for review. Staff recommends that

a construction contract be awarded to the lowest responsive bidder, Lomax Construction of Greensboro, NC in the amount of $2,589,900. This award amount is well within budget for the project. Funding for

this project is included in the Capital Improvement Program for FY 2014. Construction is scheduled to begin in December and will be completed in

fall 2014.

Tony Gurley motioned, seconded by Phil Matthews, to award a construction contract for Wake County Courthouse Renovations to Floors 7, 8, 9, 11 and 12

in the amount of $2,589,900 to Lomax Construction of Greensboro, North Carolina. The motion passed unanimously.

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Approve Naming of New High School in Wake County for Vernon Malone Chairman Bryan recognized Commissioner West to speak to this item.

Commissioner West asked the family of former Commissioner Malone to stand.

He said that the item summary explains the accomplishments of the former commissioner. A resolution of support for naming the school was provided

from the Wake County Board of Education. He shared a summary of his works in Wake County as follows:

Item Summary:

Vernon Malone was a long-time educator, as well as advocate of education, whose career began as a teacher at Washington Elementary

School and later as a teacher and administrator at Governor Morehead School in Raleigh for over 34 years. Vernon also served as Superintendent of the school from 1986 until his retirement in 1991.

Vernon was appointed to the Raleigh Parks and Recreation Advisory

Council in 1968 and later appointed to the Raleigh City School Board in 1972, where he was instrumental in the merger of the City and County

school systems. He served as Vice-Chair of the Interim Wake Board of Education and was named Chair of the newly merged Wake County Board of Education in 1976. Vernon was elected to the Wake County

Board of Commissioners in 1984 and served until 2002, during which time he was Chair from 1990 to 1994 and from 1998 to 1999. He served

with honor and distinction as a member of the North Carolina Senate during the 2003, 2005, 2007 and 2009 sessions of the General Assembly

and also served on many committees such as the Appropriations Committee on Education/Higher Education and the Committee of Education/Higher Education.

Vernon had a lifelong commitment to education, serving as vice-chair of

the Board of Trustees at Shaw University, Chair of the North Carolina Public School Administrators' Task Force, a member of the Board of

Trustees of North Carolina State University and Cities in Schools and member of the Wake Education Partnership and Wake County Dropout Advisory Council.

He worked for the betterment of his community, serving as a member

and leader of several commissions and boards including the Wake County Economic Development Commission, Wake County Coalition for

the Homeless, Wake Medical Center Board of Directors, Greater Triangle Regional Council and the Triangle J Council of Governments.

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James West motioned, seconded by Betty Lou Ward, to approve the name for the new Career and Technical Education (CTE) high school to be Vernon

Malone College and Career Academy. The motion passed unanimously.

Commissioner Ward complimented the children of Vernon Malone for their

support of their mother and father. Chairman Bryan thanked Commissioner West for bringing this important item forward. He spoke of the great

accomplishments of former commissioner and state senator Vernon Malone.

Offer to the Wake County Public School System to Enter into an Interlocal

Agreement to Implement Improved Business Practices for the Construction and Maintenance of Public School Projects

Commissioner Tony Gurley made the following statement:

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Commissioner Gurley said the County Board of Commissioners would cooperate with the Board of Education and operate under the current

authority. He said this gives no new legislative authority.

Commissioner Ward suggested this discussion be tabled until March following the hiring of a new county manager. She also suggested a committee be

appointed from the two boards. She said the Board of Education needs time to discuss the proposal.

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Betty Lou Ward motioned, seconded by Caroline Sullivan, to consideration of the Interlocal Agreement to implement improved business practices for the construction and maintenance of public school projects until a board meeting

in March 2014.

Commissioner West said that it is important to make the interlocal effort a top

priority and involve the Board of Education as a partner. He expressed that a solution should be arrived at together with trust, mutual criteria, strategies

and plans or there may be a dispute. He said the issues must be clearly defined to make an informed decision with mutual agreed upon criteria. He

said a timeline has been put on them for a decision in two to three weeks. The issue is being forced upon the Board of Education. He said there has been discussion about the issue for 10 plus years.

Chairman Bryan said that he and the County Manager have spoken with

Board of Education Chairman Keith Sutton about the issue and they are looking at it as aspirational. He said a solution must be found jointly but this

allows it to start moving in that direction. Chairman Sutton requested more time to discuss the issue with the Board of Education because their next meeting had been cancelled. He said they have new board members being

sworn in. He said there is a long ways to formalizing the agreement.

Commissioner West said "perfect is the enemy of good." Chairman Bryan said that in order for the community to have trust, collaboration between both

boards is necessary. Commissioner Coble said this item cannot be delayed for months because the

schools issued an RFP on November 8th an RFP. The Board of Commissioners may miss the opportunity to influence the costs of those school buildings if

they do not address this issue now. He said sending the schools this interlocal agreement engages the schools in this discussion. If the board waits until

March or April, schools will be built and this board will not have the opportunity to save the taxpayers money. He said it is a shame that there are local people in this community that do not get a chance to bid on the work

because of the way the schools write their contracts. This is a real problem if it does not meet state law.

Commissioner Sullivan said that an interlocal agreement is important. She said going to the legislature on this matter was unsuccessful, unhelpful and

not good for the community. She said both boards need to meet regularly to talk about funding and understanding each other’s processes. She said she

was uncomfortable with this agreement because it seems unilateral. She said that she is not completely familiar with the entire process but suggested a meeting in December with the Board of Education to discuss the agreement.

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She said the ILA is not just about the construction and design of the facility but also other items that she was not aware. This could be a great starting

place for discussions with the Board of Education. She seconded Commissioner Ward's motion. 01:59:10

Commissioner Coble asked if she was willing to ask the Board of Education to

stop their bidding process. Commissioner Coble asked if Commissioner Sullivan would ask the Board of Education to stop their process on the RFP.

Vice-Chair Matthews said that working cooperatively is necessary. He said that when local companies cannot bid on the construction projects, there is a

problem. More discussion is needed with the Board of Education in order to work together. He would not support tabling the issue because these things

need to be resolved.

Commissioner West said this is a turning point in a negotiated solution and

asked for alternatives because this is not at a solution. The Board of Education cannot be forced to act upon this issue. The best alternative was for a negotiated solution to be found.

Commissioner Ward reiterated Commissioner West's comments and said the Board of Education has the right to continue their processes as they have in

the past. If there are concerns about the school system's spending on construction as expressed by Mr. Harrod, then there needs to be discussion

among both boards.

Chairman Bryan called for a vote on Commissioner Ward's motion to table this item.

The motion to table consideration of the Interlocal Agreement to implement improved business practices for the construction and maintenance of public school projects until a board meeting in March 2014 failed with a 3 – 4 vote.

AYES: Caroline Sullivan, Betty Lou Ward, James West

NOES: Joe Bryan, Paul Coble, Tony Gurley, Phil Matthews

Commissioner Gurley said that nothing is being forced upon the Board of Education. The Interlocal Agreement offers the framework for discussion.

Commissioner Sullivan stated she was not fully aware of where the ILA originated from and did not see harm in meeting and discussing it with the

Board of Education before this board approved it. Commissioner Gurley indicated the purpose for this action was to encourage the WCPSS to enter into discussion about the ILA. He also stated that the other part of this request was

for the school system to certify that they are in compliance with the House Bill 857, as ratified in August 2013, and that they have amended their construction

policies accordingly. Commissioner Sullivan questioned the section of the

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agreement about grievances as well as other areas. She said these items are in state law so they do not need an interlocal agreement. Commissioner Gurley

asked if the Chairman had any reason that they should not hold to the December 3, 2013 date. Chairman Bryan said it was appropriate to give the

Board of Education more time for consideration of this proposal as he had discussed with Board of Education Chairman Keith Sutton. He said it is logical

and reasonable to allow them the time to work on the ILA and respond. It was believed that the Board of Education will have a meeting on December 17, 2013.

Tony Gurley motioned, seconded by Paul Coble, to:

Approve the following Interlocal Agreement regarding current business practices for the construction and maintenance of schools;

Approve requesting that the Wake County Public School System vote on

the agreement at its December 17, 2013 meeting;

Approve requesting that the Wake County Public School System certify at its December 17, 2013 meeting that it is in compliance with House Bill

857 as ratified this past August and that it has amended its construction bidding policies accordingly; and

Approve requesting that the Wake County Public School System amend its qualification requirements for construction firms to encourage local firms to bid, and to further increase competitive pricing for construction

projects.

Commissioner West said that Commissioner Gurley spoke of entering into an

interlocal agreement “discussion” twice but that was not in his motion. He would support the discussion about the ILA.

Commissioner Gurley said the obligation of the Board of Education, under this

agreement, is to "give due consideration to requesting the county by resolution to assume responsibility for some or all of the owning, siting, acquiring, constructing, equipping, expanding, improving, repairing, and renovating the

property." Discussions will be made with the Board of Education about what level of participation they will offer to the county. Commissioner Gurley said

the law will not allow the Board of Commissioners to force the Board of Education to do anything, but says to give due consideration. He said there

will be a billion dollars over the next years in building construction. He supported asking the Board of Education to give the County due consideration on construction of school buildings.

Commissioners Ward and Sullivan questioned why the discussion with the

Board of Education could not be held before action on this ILA.

Commissioner Gurley’s motion was approved with a 4 – 3 vote.

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AYES: Joe Bryan, Paul Coble, Tony Gurley, Phil Matthews

NOES: Caroline Sullivan, Betty Lou Ward, James West STATE OF NORTH CAROLINA ) INTERLOCAL AGREEMENT

COUNTY OF WAKE ) REGARDING

) PROVISION OF

) CONSTRUCTION AND

MAINTENANCE SERVICES

This Interlocal Agreement (the “Agreement”), entered into this the ____ day of

__________________, 2013, by and between WAKE COUNTY, a public body politic and corporate of the

State of North Carolina (hereinafter “County”) and WAKE COUNTY BOARD OF EDUCATION, a county

board of education organized and existing pursuant to N.C.G.S. §115C et seq (hereinafter “School

Board”) ; collectively referred to herein as “the Parties”;

WITNESSETH:

WHEREAS, the County has a strong interest in the excellence and viability of the Wake County Public

School System and appropriates County funding for the benefit of the Wake County Public School

System;

WHEREAS, the Wake County Public School System has a substantial and ongoing need for the

construction, repair, and renovation of property to be used for school purposes; and

WHEREAS, pursuant to N.C.G.S. §115C-521(c), the building of all new school buildings and the

repairing of all old school buildings shall be under the control and direction of, and by contract with, the

board of education for which the building and repairing is done; and

WHEREAS, pursuant to N.C.G.S. §153A-158.1(a), the County is authorized to acquire real and

personal property for the use by the School Board, and to construct, equip, expand, improve, and

renovate property for use by the School Board; and

WHEREAS, the North Carolina General Assembly has recognized that the general public must have

confidence in governmental entities’ process for construction contracting; and

WHEREAS, the North Carolina General Assembly realizes that open competition delivers the best

value for taxpayers and public owners; and

WHEREAS, the North Carolina General Assembly seeks to create transparent, fair, and equitable

contracting procedures for the use of public funds in government construction contracting; and

WHEREAS, the North Carolina General Assembly has expressed a public policy against subjective

and/or disqualifying construction selection processes that do not bring value to the taxpayers; and

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WHEREAS, the School Board perceives that a potential increase in efficiency and cost savings can be

accomplished by delegating identified School Board construction responsibilities to the County; and

WHEREAS, the County has the current capability and willingness to construct, repair and renovate

property to be used for school purposes when this function is so delegated by the School Board; and

WHEREAS, the County and the School Board are authorized to enter into this Interlocal Agreement

in order to execute any undertaking pursuant to N.C.G.S. §160A-461 et seq.;

NOW THEREFORE, for and in consideration of the promises and covenants contained in this

Agreement and the mutual benefits derived therefrom, the sufficiency of which is hereby

acknowledged, the Parties agree as follows:

ARTICLE I

PURPOSE

1.01 The purpose of this Agreement is to establish the terms and conditions upon which Wake

County shall assume responsibility for School Board construction when this function is properly

delegated by the School Board.

ARTICLE II

TERM

2.01 Unless earlier terminated in accordance with Article VII herein, the term of this Agreement shall

be for a period of five (5) years, commencing on the date of the execution of this Agreement by the last

party to sign. This shall be the date reflected in the first paragraph of the Agreement.

2.02 The parties may renew this Agreement for successive five (5) year terms by the written consent

of both parties executed with the same formality herein.

ARTICLE III

RESPONSIBILITIES OF THE PARTIES

3.01 Obligations and Rights of the School Board.

a. Construction, improvement, ownership, and acquisition of public school property.

When considering the building of new school buildings and the repair of old school buildings

located wholly within the County, provided funding for the construction or renovation has been

approved and appropriated, the School Board shall give due consideration to requesting the

County by resolution to assume responsibility for some or all of the owning, siting, acquiring,

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constructing, equipping, expanding, improving, repairing, and renovating the Property; but only

to the extent and under the terms and conditions specified in the board of county

commissioners’ resolution as requested by the school board and approved by the county

commissioners. Any responsibility for school Property transferred by a resolution under this

section shall be for a minimum period of 10 years, renewable by subsequent resolution of the

board of commissioners with the approval of the school board in 10 year increments.

b. Design and Renovation.

The School Board and County agree that G.S. 153A-158.1(b) requires the School Board to be

involved in the design, construction, equipping, expansion, improvement, or renovation of the

acquisition of Property for use by the School Board. The School Board, by and through its

Superintendent or his designee, shall collaborate with County staff to timely insure that the

project comports with the School Board’s Educational Specifications and Design Guidelines, by

participating in the approval process, including but not limited to the siting, design,

construction, equipping, expansion, improvement, or renovation of the property, where

applicable. The School Board’s involvement as described hereinabove and as required by statute

shall not unreasonably impact the construction timeline necessary for delivery of the property

for school use.

c. Right to Inspect.

The School Board and its representatives and agents shall have the right to enter upon the

Property and inspect any construction or renovation performed from time to time during

construction.

d. Statutory Requirements.

The School Board acknowledges that it is a “public entity” as described in G.S. 143-64.31 et seq.

and therefore must comply with the requirements in G.S. 143-64.31(b). The School Board

further acknowledges that failure to comply with these statutory requirements may lead to

injunctive relief pursuant to G.S. 143-64.31(d).

e. School Board Construction Policies.

The School Board shall review and update its current construction policies to ensure compliance

with N.C.G.S. 143-64.31 et seq.

3.02 Obligations and Rights of the County.

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a. Construction, improvement, ownership, and acquisition of public school property.

When requested by the School Board to assume responsibility for some or all of the owning,

siting, acquiring, constructing, equipping, expanding, improving, repairing, and renovating the

Property as set forth in Section 3.01 above, provided funding for the construction or renovation

has been approved and appropriated, the board of county commissioners shall enter a

resolution only to the extent and under the terms and conditions requested by the School Board

to undertake such responsibility.

b. Insurance.

For Property affected pursuant to a resolution entered under this Section, the County may elect

to (i) leave current risk management programs operated by the School Board in place (ii) direct

the School Board to secure insurance from the system of insurance operated by the State Board

of Education pursuant to Article 38 of Chapter 115C (iii) secure insurance from other sources, or

(iv) utilize any combination of these options. Moneys paid to County pursuant to contracts of

insurance against loss of capital assets through fire or casualty shall be used to repair or replace

the damaged asset or if the asset is not repaired or replaced, placed to the credit of the

County’s capital outlay for public schools for appropriation at some future time.

c. Liability.

The County shall not be liable for the acts or omissions of school employees in or on school

Property owned, acquired, leased, or improved by the County pursuant to a resolution entered

under this Section.

d. Use of School Property.

Any interest in school property, whether real or personal, acquired by the County pursuant to a

resolution entered under this Section shall be conclusively presumed to be for the exclusive use

of the School Board for public school purposes to the same extent as if the Property was owned

by the School Board. Therefore, Property acquired by the County from the School Board

pursuant to a resolution entered under this Section shall not constitute the exercise of eminent

domain power and shall not otherwise entitle the School Board to any funds or other

consideration for any Property so acquired by or transferred to the County.

For Property affected by a resolution entered under this Section, the School Board shall

continue to have the exclusive authority to determine whether and when such Property is

unnecessary or undesirable for public school purposes, in which event the School Board shall

notify the County. The County shall then either (i) dispose of the Property and use the proceeds

to reduce the County’s bonded indebtedness for schools or for school capital outlay purposes or

(ii) use the property for non-school purposes and use an amount negotiated by the County and

27

School Board as the fair market value of the Property to reduce the County’s bonded

indebtedness for schools or for school capital outlay purposes.

If the County assumes ownership of Property pursuant to a resolution entered under this

Section, the School Board shall permit use of the Property by non-school groups, as authorized

by the County board of commissioners.

e. Capital Outlay.

To the extent that the County has assumed responsibility for the ownership, acquisition,

construction, and/or improvement of school Property pursuant to resolution entered under this

Section and N.C.G.S. 153A-158.1, the capital outlay by the County for the School Board shall not

include appropriations for these purposes. In determining the sufficiency of County

appropriations for the local current expense fund or capital outlay, appropriations made by the

County for construction, improvement, ownership, and acquisition of school property assumed

pursuant to a resolution entered under this Section shall be counted and considered in addition

to appropriations for the local current expense fund or capital outlay in determining the

County’s appropriation to support a system of free public schools.

f. Statutory Requirements.

In the undertaking of any construction or renovation pursuant to a resolution entered under this

Section, any requirements of N.C.G.S. Chapter 115C or Chapter 143 applicable to the acquisition

and improvement of school property shall apply to the County to the extent that such provisions

would apply to the School Board.

3.03 Implementation of Agreement. The County Manager and Superintendent or their

designees shall establish policies and procedures to implement this Agreement not inconsistent

with the terms of this Agreement which shall include the designation by each of a

representative to communicate information regarding the performance of this Agreement.

ARTICLE IV

TERMINATION

4.01 The parties shall each have the right to terminate this Agreement with or without cause upon

giving thirty (30) days written notice to the other party in writing delivered to the following addresses:

For County: Mr. Scott Warren, Wake County Attorney

Post Office Box 550

337 S. Salisbury Street

Raleigh, North Carolina 27602

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For School Board: Dr. James Merrill, Superintendent

3600 Wake Forest Road

Post Office Box 28041

Raleigh, North Carolina 27611-8041

With a copy to: Tharrington Smith LLP

209 Fayetteville Street

Post Office Box 1151

Raleigh, North Carolina 27602

The roles and responsibilities of each party shall terminate thirty (30) days after notice is given

by withdrawing party in accordance with this Agreement unless otherwise agreed by the written

consent of the parties executed with the same formality as the foregoing document.

4.02 Any material violation of this Agreement during its term constitutes a material breach and may

be grounds for immediate termination of this Agreement.

ARTICLE V

AMENDMENT

5.01 Any amendment to this Agreement to be effective must be in writing, signed by both Parties,

and executed with the same formality and approvals as the foregoing Agreement.

ARTICLE VI

RELATIONSHIP OF PARTIES

6.01 Wake County and Wake County Board of Education are separate legal entities existing in

accordance with the laws of the State of North Carolina. Except to the extent required to provide the

legal representation contemplated by this Agreement, neither party shall be deemed a partner, agent,

or legal representative of the other party. Neither party shall have any responsibility whatsoever with

respect to services provided or contractual obligations or liabilities assumed by the other party hereto,

whether accrued, absolute, contingent, or otherwise, or whether due or to become due. No liability or

benefits, such as workers compensation, pension rights or liabilities, or other provisions or liabilities

shall accrue to either party as a result of this Agreement or provision of services under this Agreement.

Nothing under this Agreement is intended or should be construed in any manner to create a partnership

29

or venture between the parties. Each party agrees that it will obey all State and Federal statutes, rules

and regulations which are applicable to activities described herein.

ARTICLE VII

NON-ASSIGNMENT

7.01 Except as provided herein, neither party shall assign any portion of this Agreement or the rights

and responsibilities hereunder to another person or entity who is not a party to this Agreement without

the prior written consent of the other party to this Agreement.

ARTICLE VIII

NO THIRD PARTY BENEFICIARIES

8.01 This Agreement is not intended for the benefit of any third party. The rights and obligations

contained herein belong exclusively to the parties hereto, and shall not confer any rights or remedies

upon any person or entity other than the parties hereto.

ARTICLE IX

NO WAIVER OF SOVEREIGN IMMUNITY

9.01 Nothing in this Agreement shall be construed to mandate purchase of insurance by Wake

County or Wake County Board of Education pursuant to N.C.G.S. 153A-435; or to be inconsistent with

Wake County’s “Resolution Regarding Limited Waiver of Sovereign Immunity” enacted October 6, 2003;

or to in any other way waive any defense available to either party of sovereign or governmental

immunity from any cause of action alleged or brought against either party for any reason if otherwise

available as a matter of law.

ARTICLE X

NO WAIVER OF QUALIFIED IMMUNITY

10.01 No officer, agent or employee of either Party shall be subject to any personal liability by reason

of the execution of this Agreement or any other documents related to the transactions contemplated

hereby. Such officers, agents, or employees shall be deemed to execute this Agreement in their official

capacities only, and not in their individual capacities. This section shall not relieve any such officer,

agent or employee from the performance of any official duty provided by law.

ARTICLE XI

GOVERNING LAW

11.01 All matter relating to this contract shall be governed by the laws of the State of North Carolina,

without regard to its choice of law provisions, and venue for any action relating to this agreement shall

be Wake County Civil Superior Court.

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ARTICLE XII

ENTIRE AGREEMENT

12.01 The terms and provisions herein contained constitute the entire agreement by and between

Wake County and Wake County Board of Education shall supersede all previous communications,

representations or agreements, either oral or written between the parties hereto with respect to the

subject matter hereof.

ARTICLE XIII

SEVERABILITY

13.01 If any provision of this Agreement shall be determined to be unenforceable by a court of

competent jurisdiction, such determination will not affect any other provision of this Agreement.

ARTICLE XIV

COUNTERPARTS

14.01 This Agreement may be executed in several counterparts, each of which shall be deemed an

original.

ARTICLE XV

NONDISCRIMINATION AGREEMENT

15.01 In consideration of the signing of this contract, the parties hereto for themselves, their agents,

officials, employees and servants agree not to discriminate in any manner on the basis of race, color, creed,

national origin, sex, age, handicap, or sexual orientation with reference to the subject matter of this

contract, no matter how remote.

ARTICLE XVI

EFFECTIVE DATE OF AGREEMENT

16.01. This Agreement is executed as to form only until such time as both parties have fully signed and

executed the same. The effective date of this Agreement shall be the date upon which both parties have

fully signed and executed this Agreement. At such time as the last party fully signs and executes this

Agreement, that party shall add the date of his signature to the very first paragraph of this Agreement and

such date shall become the effective date of the Agreement.

IN TESTIMONY WHEREOF, WAKE COUNTY AND WAKE COUNTY BOARD OF EDUCATION through their

authorized officers and by their own hands have hereunto set forth their hands and seals of the day and

year first above written.

[SEAL] WAKE COUNTY, NORTH CAROLINA

31

Attest:

_____________________________ By: ____________________________________

Clerk Chairman, Board of Commissioners

Date: _____________________________________

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

Fiscal Control Act.

_____________________________________

Finance Director

[SEAL] WAKE COUNTY BOARD OF EDUCATION

Attest:

________________________________ By: ______________________________

Secretary Chairman, Board of Education

Date: _____________________________________

This instrument has been pre-audited in the manner required by the School Budget and Fiscal Control

Act.

__________________________________________

Finance Director

Approval of Certain Documents to Facilitate the Construction of Abbotts Creek Elementary School by Wake County Public School System (WCPSS)

at the Former North Wake Landfill Borrow Site Mr. Mark Edmondson, Project Manager, Wake County Facilities Design and Construction, said in 2010 there was an Interlocal Agreement (ILA) with the

City of Raleigh and the Wake County Public School System regarding the North Wake Landfill. There was a borrow site where there was no trash but they used

the dirt. Since 2008, the County has been working with the City of Raleigh and WCPSS on a master plan for 43 acres of the landfill property fronting on

Durant Road commonly referred to as a "borrow site." The Wake County Emergency Medical Services Building has been on the site since 2010. The City of Raleigh wants to build a community center called Abbotts Creek

Community Park. The Wake County Public School System has been working

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on locating a school there called Abbotts Creek Elementary School. Pursuant to the original ILA, the Durant Road EMS Station was completed in 2010. The

original ILA stated the City and WCPSS could purchase their respective parcels by reimbursing the County their original acquisition costs ($54,000 per acre).

The School Board recently approved an Amendment to the original ILA (dated August 2, 2010) and has asked to lease the proposed school site rather than

purchase the site as originally intended so they would have more School Bond Funds available for construction.

Mr. Edmondson said there have been quite a few changes so today they are asking for the Board to enter into a lease for a nominal fee so more School

Bond Funds would be freed up for construction. He noted that the first request is to amend the ILA to provide for a lease rather than a purchase by

the school system. The second request was to change the ILA language about a piece of triangle shaped land that is on the former North Wake Landfill site which was planned to be leased to the City of Raleigh for forty years for some

park space. Instead, Mr. Edmondson said the City has asked for the lease to be 99 years which is not uncommon for the county.

Mr. Scott Warren, County Attorney, said that the conformity in the ILA has the

lease going from 40 years to 99 years and he said sections #6 and #22 need to be removed from the ground lease.

Commissioner Ward asked how much lower the site is since there's been dirt borrowed from the site. Mr. Edmondson said there is a hole there dirt gets

taken out and put back in. The City of Raleigh and Board of Education are pleased that the area will be fairly level and not a lot of dirt will be taken out.

Chairman Bryan asked when the property was bought and the tax value per acre. Mr. Edmondson said that it was purchased in the 1990s. Chairman

Bryan stated the property was purchased at $54,000 per acre and asked about the tax value on the property now. Mr. Edmondson said the property would

sell for closer to $150,000 per acre now. Chairman Bryan noted in the original ILA there was a memo from Mayor Meeker dated April 24, 2009 about the site

being available for use by the North Raleigh Athletic Association. Chairman Bryan asked if there has been any other action since the memo from 2009. Mr. Edmondson said the agreement would be more defined with the actual fields

are ready for use. They are not sure when the fields will definitely be ready for use.

Chairman Bryan said he did not see any action from the City of Raleigh that

gave him assurance other than the memo. He said there needs to be an agreement on athletic fields that is more clearly defined. Mr. Edmondson said the real issue is the development of the fields themselves and when they will

become available. He said he would talk with staff from the City of Raleigh and get back with the board.

33

Commissioner Gurley asked why the City was required to purchase the

property in the original agreement and where would the funds go once received. Mr. Cooke said originally it was decided that the solid waste fund be reimbursed and made whole instead of the funds going back into the general

fund. The solid waste fund was used to buy the property and is now solvent again. He said the decision now was whether to give the money to the schools

to buy more property or reimburse the solid waste fund. The county would own the land where the school was located. Chairman Bryan asked if the

money could go to the general fund. Mr. Warren said this is correct. Commissioner Gurley asked if this would deplete the solid waste fund and

there be a need to increase the solid waste fund in order to keep the solid waste fund secure. Mr. Cooke said the landfill and transfer station are separated by

costs and revenues. The tipping fees that are charged to haulers and towns go to the solid waste fund for operations and the landfill. The household solid

waste fees are charged to provide for the convenience centers, household hazardous waste, litter programs, etc. He said the household fees could possibly be reduced or some fees on that side of services.

Commissioner Gurley said he liked the idea of the county owning the land and

would like to participate in the construction. Using county funds to supplement the capital fund of the school system, even when the county owns

the land, was not a plan that he would support. He said the capital fund should reimburse the county for the cost of the land. The original agreement had the funds at $54,000 per acre and now its worth $150,000 per acre so the

school system is already receiving the benefit of $100,000 per acre. He said the school has approved the interlocal agreement but this board has not

approved the ILA. He said they need to discuss whether they want to accept the schools changing the ILA that was agreed upon. He said that he does not

agree on the funds being used to supplement the funds. He said this is going over what was authorized by the voters.

Betty Lou Ward motioned, seconded by Caroline Sullivan, to grant a Ninety Nine (99) Year Lease to Wake County Public School System on behalf of Wake County and an Amendment to the 2010 Interlocal Agreement, subject to terms

and conditions acceptable to the County Attorney.

Mr. Cooke said the interlocal agreement for the North Wake Landfill has been

around for years. It was planned for the WCPSS to pay the county for the land and then the county would reimburse the solid waste fund. They tried to help

out the school system by giving them the A.A. Thompson Building for the Men's Academy. Since during this time, the county wanted to start owning the land

and the schools so it seemed counterintuitive to make them pay for the school site when the county wanted to start owning the land. The county staff

34

initiated the conversation about changing the ILA to reflect was being done over the last couple of years versus what was being done.

Commissioner Gurley said they were trying to stretch the bond funds out. He

said the schools did not have the money to pay the county back. Commissioner Coble said the county owning the land is advantageous

according to the school system. He asked about the language in the ILA about facilitating construction of the Abbotts Creek Elementary School. Mr. Edmondson said there is no language saying the county approves the process

but that they need to get started on the work on the site and they need the land rights to do it.

Commissioner Gurley asked for clarification on the 99 year lease. Mr.

Edmondson said a forty-year lease is requested for the triangle piece of property needed for construction of athletic fields. This lease is similar to a lease between the county and the City of Raleigh. The main lease with the

school system for this property is for 99 years. Mr. Edmondson said the school system saw that this had been done before with the City so they asked for a 99

year lease. Commissioner Gurley asked if there were other leases with the schools for 99 years. Mr. Warren said it may be similar to the A. A. Thompson

building lease but he could not verify the number of years in that lease. Mr. Warren quoted paragraph nine in the ILA that states the property could only be used for the original educational public school purposes. If the property is not

used for school purposes, then the lease could be terminated.

Tony Gurley motioned, seconded by Paul Coble, to table the vote until the

policy implications are determined on the lease to Wake County Public School System for Construction of Abbotts Creek Elementary School at the Former

North Wake Landfill Borrow Site.

Commissioner Gurley said that a policy discussion is needed on moving the

CIP funds to the solid waste fund to supplement the general fund. He does not agree with the item.

Commissioner West said he agreed with a policy discussion but he was bothered by this being discussed as if the schools were a separate entity but

this should be worked on together. The schools are an investment in our future. The future quality is in the education of the young people.

Chairman Bryan said there is a current expectation that the county agreed to

sell the property to the school system for $54,000 per acre. This proposal would change what has been in place. There was an agreement that the county would sell the land to the school system for $54,000 per acre which is

$2,224,000 or if its $150,000 per acre which is $6,450,000, the value of the land. He said he wants to continue to support the schools but cannot forget

that adding this $2.0 million to $6 million would be an expansion on what was

35

already agreed upon and the funds could have been used for all county services. This item changes the expectations and they need to find ways to

lessen the impact on the budget and the citizens for next year. He would like to find money and ways to lessen the tax increase for the citizens.

Mr. Warren said the statute on funding disputes between the county and

schools needs to be considered because if there is a dispute between the county and the schools, the county needs to be recognized to get credit for what is being is being done there. He said if the board is going to make a fiscal

policy they should give themselves credit on this project.

Commissioner Coble said that the issue is an internal county issue, not a county versus schools issue. There was an agreed upon price and now the deal

is being changed and there needs to make a policy discussion and decision. He questioned if there would be a lease instead of a purchase. By moving the funding the county could have an issue with future budget needs.

Commissioner Ward said that an agreement was made to a certain amount and

stay with the agreement that was made. She said they need some preparation for the discussion.

Chairman Bryan said the schools are asking to not have to pay for the land but to lease the property so the funds will not come back to the county as was

originally agreed.

Commissioner Sullivan asked that the County Manager weigh on the issue. Commissioner Coble said that this was a policy question and it is inappropriate

to take action without having the policy discussion first. This is a dedicated fund.

Mr. Cooke said they looked at the ownership issue and the solid waste funds. The discussion and policy decision should consider if the board wants to take

funds from an enterprise fund (solid waste fund) in order to support another operation outside of the enterprise fund. This is an appropriate policy

discussion. There are two similar transactions that need to be considered here because there is a similar situation at the South Wake Landfill that could relate to the borrow site in Holly Springs because there is property set aside for

a school. The discussion is about an enterprise discussion fund.

Chairman Bryan asked if there was any urgency or a timing issue on this item. Mr. Edmondson said the schools need land right to be granted by the county so

they could move forward with the bidding process to start the Abbotts Creek project.

Commissioner Gurley’s motion to table this item passed unanimously.

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Commissioner West said that this changes the public perception so people think the two boards are at-odds with each other but the two boards must

work in unison. Chairman Bryan said that further discussion should have been worked through before it being placed on the agenda. Commissioner

Sullivan asked when the public policy discussion and decision would be held because they should not hinder the Board of Education's ability to move

forward. Commissioner Gurley said the schools have a deal and could enact the original Interlocal Agreement. Mr. Edmondson said the school staff has been waiting for the City of Raleigh to approve their master plan. Mr.

Edmondson said that once the City of Raleigh approves the plan then the process can move forward. Mr. Warren said the plat is ready for approval.

Facility Lease of the Renovated Coca Cola Building to Wake County Public School System (WCPSS) for a Career and Technical Education High School

(CTEHS) Mr. Mark Edmondson, stated this was a request by Wake County Public School

System (WCPSS) for approval of a lease for the renovated Coca Cola building to Wake County Public School System for the Vernon Malone College and Career Academy. He said this approval is needed in order for the WCPSS to get

started on the planning for order, delivery and installation of the equipment needed for the opening of the school in August 2014. The proposed lease

provides the term of the lease for twenty (20) years, taking into account that the first year of the Term shall begin on July 1, 2014 and end on June 30,

2034. WCPSS has the right to extent this lease term for an additional ten (10) years. The proposed lease also provides that the site may be used only for educational purposes associated with the operation of the CTE and/or other

public school purposes, but for no other purpose without Landlord's prior written consent. Mr. Warren said the building will be leased with the focus on

the Vernon Malone CTE purposes.

Caroline Sullivan motioned, seconded by Betty Lou Ward, to approve a twenty-year facility lease of the renovated Coca Cola Building to Wake County Public

School System (WCPSS) for the Vernon Malone College and Career Academy. The motion passed unanimously.

Wake County Public School System CIP 2006 Reallocation and Appropriation Request (First Reading)

Mr. Joe Desormeaux, Wake County Public System Facilities Manager, said this

is the first reading of the request to approve reallocation of $2.0 million and appropriation of $1,887,440 to Start-up Design for E-38, E-43 and M-13. The

funds are reallocated for initial design work on E-38, partial funding for E-43 for planned 2016 school openings and initial design work on M-13 schedule for

2017 opening and the remainder of costs are funded in the CIP 2013.

37

There were no questions.

Approve Wake County Public School System 2013 Capital Improvement

Program Plan of Record Ms. Michelle Venditto, Wake County Interim Budget Manager, shared the Plan

of Record for the Wake County Public School System 2013 Capital Improvement Program for the approved bond referendum October 8, 2013. She

provided the following information:

CIP 2013 consists of $43,800,000 from existing county funding, and

$939,954,793 in additional future funding for a total program amount of $983,754,793. The proposed Capital Improvement Program contemplates

commitments through fiscal year 2017. It provides for eleven new elementary schools, three middle schools and two high schools.

Additionally the plan includes six major renovations, start-up renovation costs at three other schools, life cycle equipment replacement, educational equipment replacement, technology and security, land

acquisition and start-up design for new schools, facilities assessments, program management and program contingency.

The Board of Commissioners is requested to approve the plan of record

for CIP 2013 in the amount of $983,754,793. A list of projects and their planned budgets are below. By adoption of the attached resolution, the Board of Commissioners will establish the plan of record for the specific

projects that comprise the CIP 2013.

Ms. Venditto requested the Board's approval on the 2013 Capital Improvement Program Plan of Record. Chairman Bryan said that this was discussed and

agreed on with the Wake County Board of Education in their joint meetings.

Joe Bryan motioned, seconded by Caroline Sullivan, to the Plan of Record for

the Wake County Public School System 2013 Capital Improvement Program.

Chairman Bryan said that in the future he would like information about the

cost of the school, land, and infrastructure improvements shown so the total cost for each school can be seen. Ms. Venditto said this information will be brought forward in the future.

Commissioner Gurley said he agreed with the plan of record and hoped the

goal was to be more efficient, cooperative and provide even more for the taxpayers than promised in 2006 where money was saved.

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Vice-Chair Matthews said that a new building can be built for less than renovating an older building. Commissioner Sullivan said that swing space is

needed for displaced students during renovations and there are also additional costs for new construction.

The motion passed unanimously.

Resolution R-2013 Approving Wake County Public School System 2013 Capital Improvement Program

Plan of Record

WHEREAS, the Wake County Public School System petitioned the Board of

Commissioners to take all necessary steps by the issuance of bonds or otherwise to provide

funds totaling $983,754,793 for WCPSS capital projects; and

WHEREAS, on July 15, 2013 the Board of Commissioners held a public hearing and

adopted the bond order on second reading authorizing $810 million general obligation school

bonds and adopted the resolution calling for a school bond referendum for October 8, 2013; and

WHEREAS, on October 8, 2013, Wake County citizens approved a general obligation

bond referendum for $810 million for the Wake County Public School System 2013 Capital

Improvement Program; and

WHEREAS, on October 21, 2013, the Board adopted the resolution declaring the results

of the October 8, 2013 bond referendum; and

WHEREAS, the plan is made up of $43.8 million of funds currently available, of which

$32,440,000 are issued two-thirds bonds and $11,360,000 is available cash; and

WHEREAS, $939,954,793 of new funds will be financed by a combination of $810

million of general obligation school bonds and $129,954,793 of cash funding to be appropriated;

and

WHEREAS, the Wake County Public School System has established the planned

budgets for the projects that comprise the CIP 2013; and

NOW, THEREFORE, BE IT RESOLVED that the Wake County Board of Commissioners

establishes the $983,754,793 Plan of Record for the Wake County Public School System 2013

Capital Improvement Program as below:

Source of Funds

Bonds Issued as of November 18, 2013 $32,440,000

Bonds Authorized and Unissued $810,000,000

Cash Available as of November 18, 2013 $11,360,000

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Future Cash Funding $129,954,793

Total Sources of Funds

$983,754,793

Expenditures

New School Projects E-20 Abbotts Creek Elem (2015) $19,023,841

E-32 Scotts Ridge Elem (2015) $21,446,172

E-36 Elementary (2016) $21,718,514

E-37 Elementary (2016) $21,718,514

E-38 Elementary (2016) $21,018,514

E-43 Elementary (2016) $21,418,514

New Elementary (2017) $22,370,069

New Elementary (2017) $22,370,069

New Elementary (2017) $22,370,069

New Elementary (2017) $22,370,069

New Elementary (2017) $22,370,069

M-8 Small Middle (2016) $36,713,366

M-13 Large Middle (2017) $41,742,741

M-11 Large Middle (2018) $44,025,023

H-7 High (2017) $67,493,196

H-8 South Garner High (2016) $66,129,371

Public Infrastructure $32,874,667

Mobile Classroom Relocation $17,583,159

Existing School Projects Green Elem (2016) $22,620,503

Vandora Springs Elem (2017) $24,600,555

Lincoln Heights Elem (2017) $21,657,244

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Brooks Elem (2017) $21,391,080

Rolesville Elem (2017) $11,555,169

Garner High (2018) $67,075,342

Stough Elem (2018) $2,435,856

East Wake Middle (2018) $4,185,349

Apex High (2019) $5,085,445

Life Cycle Replacements $65,523,580

Environmental and ADA $5,741,122

Assessment of Facilities $1,150,006

Other Projects Educational Equipment Replacements $2,104,175

Life Cycle Furniture Replacements $1,631,868

Technology $64,779,942

Security $7,429,735

Property Acquisition $44,746,745

Startup Designs $24,977,677

Program Management $25,561,852

Program Contingency $14,745,611

Total Expenditures

$983,754,793

Adopted this the 18th day of November 2013.

Wake County Board of Commissioners

_______________________________

Joe Bryan, Chairman

Wake County Public School System CIP 2013 Appropriation Request (First

Reading) Mr. Desormeaux presented the first reading of the 2013 Capital Improvement Program Appropriation Request from the $810 general obligation bond

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program. The appropriation was for $1,100,000 start-up design for E-37 and E-43 elementary schools which will open in 2016. The remainder of the design

and construction costs for these schools will be in CIP 2013. Commissioner Coble asked if these two schools were in the RFP that went out on November

8th. Mr. Desormeaux said the November 8th RFP was for construction management whereas this request is for start-up design.

Chairman Bryan asked about the target circles and where these schools fall in priority and in relation to the circles. Mr. Desormeaux said they had added

their priorities based on projected growth in different areas to the maps. The designs are for the top schools in the circles. The circles targeted land

acquisitions that the school system needed to go after first based on growth projections. These circles show the top three or four schools needed.

Chairman Bryan asked if the circles are different. Mr. Desormeaux said the circles are what they presented to the Board during the bond preparation. They were updated with new growth projections, reduced the number of new

schools to be built and since they reduced the number of schools, the circles have shifted slightly but are pretty much the same as what was discussed

between both boards in April 2013.

The Board of Education requests that funds for start-up design on E-37 and E-43 be

appropriated as follows:

Current Appropriate Proposed

E-37 Elementary $0 $700,000 $700,000

E-43 Elementary $0 $400,000 $400,000

CIP 2013 Total $0 $1,100,000 $1,100,000

E-37 and E-43 will open in 2016. (The balance of funding for E-43 is in the CIP 2006

request.) The remainder of the design cost and the construction of these schools will be

funded in CIP 2013.

E-37 is in Cary on the western side of White Oak Church Road, north of Green Level Road West.

E-43 is in Holly Springs and is leased from Wake County at the South Wake Landfill borrow site; western side of North Main Street at Anchor Creek Way.

No action was taken since this was the first reading of the item.

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Appoint Interim County Manager Chairman Bryan spoke of Mr. Joe Durham, Deputy County Manager's abilities and offered a motion.

Joe Bryan motioned, seconded by James West, to appoint Deputy County Manager Joe Durham as Interim County Manager to be effective December 1, 2013. The motion passed unanimously.

Commissioner West asked if Mr. Durham would receive an increase in his salary. Chairman Bryan said the Board could consider a salary increase in the

future for Mr. Durham. Chairman Bryan said that the Board is looking forward to his leadership.

Other Business

Informational Items Reported by the County Manager

1. Wake Tech Purchase of Additional Property for Public Safety Education

Campus Phase III 2. Memo Regarding the County’s Variable Rate Debt Strategy and Approach 3. 2012-2013 Capital Area Workforce Development Annual Report

Closed Session Mr. Warren said there is a need for a closed session pursuant to General

Statute 143-318.11(a)(4) to discuss matters related to the location or expansion of industries or other businesses in the area served by Wake County including

agreement or a tentative list of economic development centers that may be offered by Wake County in negotiations.

Tony Gurley motioned, seconded by Phil Matthews, to go into closed session as stated by the County Attorney. The motion passed unanimously.

The meeting was reconvened by Chairman Bryan with all commissioners present. No action was taken or reported from closed session.

Adjourn Paul Coble motioned, seconded by Phil Matthews, to adjourn the meeting at

5:25 p.m. The motion passed unanimously.

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Respectfully submitted,

Susan J. Banks, NCCCC Clerk to the Board

Wake County Board of Commissioners