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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