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WAKE COUNTY BOARD OF COMMISSIONERS

Regular Meeting

August 17, 2015 2:00 P.M.

Room 2700, Wake County Justice Center

Members present were: Chairman James West, Vice-Chair Caroline Sullivan, John D. Burns, Matt Calabria, Jessica Holmes, Sig Hutchinson, and Betty Lou

Ward Others attending were: Jim Hartmann, County Manager, Scott Warren, County

Attorney, Denise Hogan, Clerk to the Board, Leslie Rudd, Deputy Clerk, David Ellis, Deputy Manager, Johnna Rogers, Deputy Manager Meeting Called to Order: Chairman James West Pledge of Allegiance Invocation: Commissioner Betty Lou Ward Items of Business

Approval of Agenda Commissioner Hutchinson suggested the item regarding Interlocal Agreements

and Leases with the Town of Cary and the Town of Morrisville for the Crabtree Creek Greenway at Lake Crabtree County Park receive a presentation from staff

for more information.

Matt Calabria moved, seconded by John D. Burns, to approve the agenda as presented and receive a staff presentation for the item regarding Interlocal

Agreements and Leases with the Town of Cary and the Town of Morrisville for the Crabtree Creek Greenway at Lake Crabtree County Park. The motion passed unanimously.

Approval of the Regular Minutes of the Commissioners' Meeting of August 3, 2015

John Burns moved, seconded by Sig Hutchinson, to approve the Minutes of the Commissioners’ Meeting of August 3, 2015.

Recognition of Mike Stratton as NC Building Inspector of the Year

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Chairman West recognized Youth Summit representative Stephen Kalokoh who he interviewed earlier. He said that he is proud of his accomplishments and

that Stephen will be at the 108th Annual Conference of the North Carolina Association of County Commissioners Conference (NCACC) later this week.

Mr. Jim Hartmann, County Manager, said that each year the board of the North Carolina Building Inspectors Association receives nominations for the

Building Inspector of the Year award. Manager Hartmann recognized Mr. Mike Stratton, Wake County Building Inspector, who was named the NC Building Inspector of the year.

He shared that Mr. Stratton has worked with Wake County Planning,

Development and Inspections since late October 2007 and has proven himself to be an exemplary inspector. Prior to 2007, he worked for the Johnston County Inspections Department for ten years. During his time with Wake

County, he has shown a strong knowledge of the codes, an understanding of how to provide good customer service, a willingness to help his fellow team

members and flexibility in performing his duties. He always seeks solutions to problems instead of just saying no. He has been tasked with serving the contract towns of Wendell and Zebulon, performing inspections and reviewing

plans for both municipalities. He works closely with town staff as they prepare and issue permits and he often stops by each office several times a day to ensure that plans are caught up and so customers can ask for assistance.

Mr. Stratton received the award at the North Carolina Building Inspectors

Association's Annual Conference.

Retiree Recognition Mr. Hartmann recognized Mr. William Scarborough for his service to law

enforcement. He said that Mr. Scarborough is retiring after 27 years with the Wake County Sheriff's Office. Mr. Hartmann thanked Mr. Scarborough for his service to Wake County and its residents. He presented him with a plaque

commemorative of his service to Wake County.

Interlocal Agreements and Leases with the Towns of Cary and Morrisville for the Crabtree Creek Greenway at Lake Crabtree County Park

Commissioner Hutchinson requested that the Interlocal Agreements and

Leases with the Towns of Cary and Morrisville for the Crabtree Creek Greenway at Lake Crabtree County Park be considered separately.

Parks and Recreation and Open Space Director Chris Snow said that Lake Crabtree is the oldest and most-visited park in Wake County thanks to the amenities, location and available programs.

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The Towns of Cary and Morrisville both want to make connections from respective greenway systems to the Lake Crabtree corridor. The Morrisville

section is 2.5 miles. The Cary section is a 1.7 mile section connecting to Lake Crabtree.

The ILAs allow Cary and Morrisville to include 40 year leases that instruct towns to be responsible for construction and maintenance for their section of

the greenway trails. Additionally, there are plans for public input on an integrated greenway plan to

better plan for these county-wide connections.

Commissioner Hutchinson said this connection ties Morrisville to the county grid and west to RTP and east to the Neuse River Greenway. These two connections are the final two steps in connecting the greenway trails across the

county. He applauded Mr. Snow for his efforts in creating a master greenway plan.

Commissioner Ward asked about the locations of the connections.

Mr. Snow said there will be a connection at Evans Road and Aviation Parkway, there will be pedestrian bridge across Evans Road. Matt Calabria moved, seconded by Sig Hutchinson, to:

1. Authorize the County Manager to execute an Interlocal Agreement and

Lease between Wake County and the Town of Cary for the Town’s section of the Crabtree Creek Greenway at Lake Crabtree County Park, subject to terms and conditions acceptable to the County Attorney; and

2. Authorize the County Manager to execute an Interlocal Agreement and

Lease between Wake County and the Town of Morrisville for the Town’s

section of the Crabtree Creek Greenway at Lake Crabtree County Park, subject to terms and conditions acceptable to the County Attorney.

The motion passed unanimously.

1. 65077116 2. STATE OF NORTH CAROLINA COUNTY OF WAKE

LEASE AND INTERLOCAL AGREEMENT FOR LAKE CRABTREE PROPERTY

THIS LEASE AND INTERLOCAL AGREEMENT (“Agreement”) made and

entered into as of the day of , 2015, by and between

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the County of Wake, North Carolina (hereinafter referred to as “County”) and the Town

of Cary, a municipal corporation of the State of North Carolina (hereinafter referred to as

“Town”). The County and Town are sometimes referred to as the Parties.

WITNESSETH:

WHEREAS, the County owns a parcel of land identified as Wake County PIN #0756800223 totaling approximately 869 acres, and purchased as a part of Site 23 of the Crabtree Creek Watershed Project, and

WHEREAS, the County leases from the Raleigh-Durham Airport Authority approximately 330 additional acres (a portion of PIN #0767324317), adjacent to the property referenced above, and

WHEREAS, the County owns a parcel of land identified as Wake County PIN #0765077116 totaling approximately 0.95 acres, and

WHEREAS together, these parcels are commonly referred to as Lake Crabtree and/or Lake Crabtree County Park, located off Aviation Parkway in Cary, North Carolina as shown and labeled on the attached Exhibit A attached hereto and incorporated herein by reference (hereinafter referred to as the “Lake Crabtree Property”), and

WHEREAS, the Town’s Greenway Master Plan includes a paved greenway trail, extending from the Black Creek Greenway at the east end of Lake Crabtree, along the south shore of the lake and along Evans Road, and extending west along Crabtree Creek (hereinafter referred to as the “Trail”); and

WHEREAS, the County and the Town desire to enter into an agreement to establish this Trail, which Trail is further defined as Corridor A in Exhibit B – Trail Plan, attached hereto and incorporated herein by reference; and

WHEREAS, the Town may use an access corridor, defined as Corridor B in Exhibit B (“Access Trail”), for construction access to the Trail and may in the future improve or construct Access Trail as a means of public access to Trail; and

WHEREAS, the Town has obtained Federal grant funding to assist with design and construction of the Trail and Access Trail to connect to the segment of Crabtree

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Creek Greenway trail that the Town of Morrisville is constructing west of Evans Road; and

WHEREAS, the Trail and Access Trail, if constructed, will serve both visitors to the Lake Crabtree Property and users of the Town’s Greenway system, and will also provide a regional connection to trails in Umstead Park, and between greenway systems of the City of Raleigh and the Town of Morrisville; and

WHEREAS, the County currently maintains a narrow unpaved foot trail around the lake; and

WHEREAS, the Trail will provide an accessible and more durable route for part of the lake circuit trail; and

WHEREAS, this Interlocal Agreement is authorized and entered into pursuant to North Carolina General Statutes, Articles 18 and Article 20, Part 1 of Chapter 160A; and

WHEREAS, this lease of governmental property contemplated by this Interlocal Agreement is authorized by North Carolina General Statute Article 12, Section 160A-274.

NOW, THEREFORE, in consideration of the mutual goals and promises contained herein, and the mutual benefits to result therefrom, the parties agree as follows:

1. Purpose: The purpose of this Agreement is to provide for the public good and the general welfare of the citizens of County and Town by establishing and operating the Trail, which will be a paved greenway trail along the south shore of Lake Crabtree, connecting to Black Creek Greenway and the Morrisville extension of Crabtree Creek Greenway at Evans Road. The Recitals are incorporated into this Agreement.

2. Lease, Operations, Maintenance & Capital Improvements:

A. Lease. The County hereby leases to the Town and Town hereby leases from County portions of that real property identified as Wake County PIN #0756800223 and #0765077116, as shown and labeled as Corridors A and B on Exhibit B and further described below, all collectively consisting of approximately 6.356 acres (the “Premises”).

1. Corridor A: said portion lying and being within a permanent 30 ft wide corridor centered on the Trail as constructed, plus additional areas necessary for installation and maintenance of drainage structures and channels.

2. Corridor B: said portion lying and being within a permanent 30 ft. wide corridor centered on the future location of Access

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Trail, if constructed, from Weston Parkway to the Trail, through the Wake County parcel identified as PIN #0765077116, plus additional areas necessary for installation and maintenance of drainage structures and channels.

B. Temporary Construction Access. The County hereby grants the Town temporary access and use for grading and other construction related activities during the period of Trail and Access Trail construction over the real property along the corridors as identified as “Temporary Construction Access” on Exhibit B.

C. Use, Maintenance, and Repair of Premises. The Parties agree that the Town shall construct, administer and manage the Trail and Access Trail for the use and benefit of Town and County citizens on Premises. All Trail related operations, maintenance and all capital improvements within the Premises shall be the responsibility of the Town. The Trail shall be constructed to then current ADA accessibility specifications. The Town shall use best efforts to construct the Trail within time allowed by the Town’s Department of Transportation grant funding. The Town may but is not required to construct an unpaved or paved Access Trail within Corridor B for Trail access, and shall be responsible for all maintenance associated with the Access Trail if constructed. Except to the extent responsibility for the Trail, Access Trail, and Premises are specifically provided for herein, the County shall continue to administer and manage the Lake Crabtree Property for the use and benefit of Town and County citizens.

3. Flood Hazard: The County and Town recognize that the Premises is a part of Site 23 of the Crabtree Creek Watershed Project and subject to flooding. The County shall not be liable for damages to any real or personal property improvements placed on the Premises as a result of flooding or by any other causes whatsoever.

4. Use of the Property: The County and Town agree that the Premises shall be used exclusively for public recreational purposes including but not limited to trails, bridges, boardwalks, and associated amenities. No other uses of the Property will be permitted without the written approval of the County.

5. Term: The term of this Agreement shall commence upon execution by the parties hereto and shall conclude on June 30, 2054, unless sooner terminated in accordance with this Agreement or any modification hereto (“Term”).

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6. Rent: In addition to the consideration provided in Paragraph 2 above, the County agrees to rent the Premises to the Town for One Dollar ($1.00) for the Term of the Agreement or any extensions thereof.

7. Renewal: The County and Town agree to make the Premises, Trail, Access Trail (if constructed), and the Lake Crabtree Property available for public use for the benefit of all residents of the County and Town so long as this Lease is in effect. At the end of the Lease Term, the County and Town may negotiate in good faith to continue or extend this Agreement under mutually agreeable terms and conditions.

8. Nonperformance: In the event either Party should fail to keep, perform or abide by any term, condition or covenant of this Agreement for a period of thirty (30) days after written notice of such failure by the non-breaching party, then in addition to any other remedies available at law or equity, the non-breaching party shall have the right to remedy such nonperformance. In such event, the breaching party shall reimburse the non-breaching party for any actual, reasonable expenses incurred by the non-breaching party in effecting such remedy. Such reimbursements shall be due and payable within thirty (30) days after receipt by the breaching party of written notice specifying and substantiating the amount due. If the County is the non-breaching party, it may suspend the Town’s use of the Premises until the Town demonstrates to the County’s satisfaction that the Town has corrected the breach and are fully performing the obligations under the terms, conditions, and covenants of this Agreement. In the event of such suspension, County shall be responsible for maintaining and operating the Premises.

9. Termination: Either party may terminate this Agreement upon three hundred and sixty-five (365) days written notice to the other, provided that:

a. If the County should exercise this right of termination at any time during the Term, then the County shall reimburse the Town for a pro-rata portion of the Town’s construction costs for Trail, Access Trail, and other approved improvements completed on the Premises; the costs shall be amortized over the Term (straight line depreciation with no salvage value).

b. If the Town should exercise this right of termination at any time, then and in that event, the Town shall complete any improvements begun on the Premises leaving the Premises in a condition that is safe and reasonably acceptable to the County. Upon termination of this Agreement for any reason, the Town may not remove any fixture that is permanently attached to the Premises. The Town shall remove Town’s equipment. The Town shall relinquish any interest the Town may have in any of the permanently attached fixtures Town has made to the Premises under this Agreement, and no reimbursement shall be due the Town. The Town shall execute

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whatever documentation is reasonably required to protect the County’s interest in improvements relinquished by the Town. The County shall have no responsibility for repayment of any Town or third party funds used to construct or improve the Trail, Access Trail, and Premises.

c. In the event of a Termination by either party, the County shall have the right in its sole discretion, but no obligation, to continue the use, maintenance, or repair of the Trail, Access Trail, or Premises.

d. In the event that the Access Trail is not constructed, the County may in its sole discretion terminate this ILA and Lease as to the Access Trail portion of the Premises only, without terminating the ILA or Lease as to the remainder of the Premises.

10. Default /Termination: In the event either Party should fail to keep, perform, or abide by any condition, covenant, or financial term of this Agreement for a period of thirty (30) days after written notice of such failure by the non-breaching party, then the non-breaching party may elect to terminate this Agreement upon ninety (90) days written notice if the breaching party has failed to make a good faith effort to cure the breach. If the County is the breaching party and the Town exercises this right of termination during the Term, then and in that event, the County shall reimburse the Town as provided in paragraph 9(a). If the Town is the breaching party and the County exercises this right of termination, at any time during the Term, then and in that event, the Town shall relinquish any interest it may have in any permanently attached fixtures the Town has made to the Premises under this Agreement; no reimbursement for such fixtures shall be due the Town; and the Town shall leave the Premises in a condition reasonably approved by the County.

11. Ownership: The execution of this Agreement shall not affect the County’s authority to sell or convey fee simple title to the underlying Premises. Should the County desire to sell the Premises, County agrees it shall provide notice to Town and engage in good faith negotiations with Town should Town desire to purchase Premises for a public purpose. This provision shall not be considered an option to purchase. Should the County thereafter sell Premises on which Trail, Access Trail, or recreational and infrastructure improvements have been made by the Town, the County shall:

A. provide notice of the terms of sale to Town prior to seeking approval of the County governing board; and

B. at the closing of the sale, reimburse the Town the depreciated value of Trail, Access Trail, and other approved improvements made by the Town using the method described in paragraph 9(a).

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12. Liability: The Town acknowledges that the County is authorizing use of the Premises pursuant to this Agreement only for lawful recreational purposes. The Town shall be responsible for any replacement or repair of paving, landscaping, fences, or other County owned structures disturbed or damaged, and any property damage or bodily injury, including death, of third parties arising out of Town’s negligent construction, use, maintenance, or repair of the Trail, Access Trail, or Premises pursuant to this Agreement. The County shall not be liable to the Town or to any member of the public using the Trail, Access Trail, or Premises for any injury suffered by reason of the Town’s use, maintenance, or repair of the Trail, Access Trail, or Premises pursuant to this Agreement, so long as such injury was not caused by any negligence or intentional wrongdoing of the County, its agents, contractors, or employees. To the extent permitted by law and covered by insurance, the Town shall indemnify, protect, and hold harmless the County, its agents, and employees from and against claims or damages, including attorney’s fees, caused by the negligence or intentional wrongdoing of the Town, its agents, contractors, or employees when they are on the Premises.

13. Amendments: This Agreement may be amended by written agreement of both parties. This Agreement shall terminate upon a sale or transfer of the Premises by the County pursuant to the terms provided herein.

14. Survival. The obligation to reimburse the Town a pro rata portion of the Town’s investment in Trail, Access Trail, and improvements and the Town’s liability obligations as set forth in Paragraph 12 shall survive the termination of this Agreement.

15. Assignment. The Parties agree that Town may assign this Agreement to another governmental entity, provided that the Trail and Access Trail shall continue to be used for the purpose of public recreation, and the Trail and Access Trail is available to the public upon the same terms and conditions as exist at the execution of this ILA. Any other assignment by Town shall require the consent of County, which shall not unreasonably be withheld.

16. Electronic Version of Agreement. Town or County may convert a signed original of the Agreement to an electronic record pursuant to a North Carolina Department of Cultural Resources approved procedure and process for converting paper records to electronic records for record retention purposes. Such electronic record of the Agreement shall be deemed for all purposes to be an original signed Agreement.

IN WITNESS WHEREOF, the governing boards of the respective Parties have approved this Agreement by Resolution spread upon the minutes and have caused it to

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be duly executed and attested to by their respective Clerks, the year and day first written above.

Town of Cary

Attest: _________________________ By: _____________________________

Clerk Town Manager

[SEAL]

Wake County Board of Commissioners

Attest: _________________________ By: _____________________________

Clerk Chairman

[SEAL]

Approved As To Form:

________________________________

County Attorney

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

_________________________________

Finance Officer, Wake County

3. STATE OF NORTH CAROLINA COUNTY OF WAKE

LEASE AND INTERLOCAL AGREEMENT FOR LAKE CRABTREE PROPERTY

THIS LEASE AND INTERLOCAL AGREEMENT (“Agreement”) made and

entered into as of the day of , 2015, by and between

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the County of Wake, North Carolina (hereinafter referred to as “County”) and the Town

of Morrisville, a municipal corporation of the State of North Carolina (hereinafter referred

to as “Town”). The County and Town are sometimes referred to as the Parties.

WITNESSETH:

WHEREAS, the County owns a parcel of land identified as Wake County PIN #0756800223 totaling approximately 869 acres, and purchased as a part of Site 23 of the Crabtree Creek Watershed Project, and

WHEREAS, the County owns a parcel of land identified as Wake County PIN #0755358946 totaling approximately 3 acres, and further identified in Book of Maps 1995-01852, and

WHEREAS, the County owns a parcel of land identified as Wake County PIN #0755357836 totaling approximately 4 acres, and further described as Lots 14-16 Morrisville LTS, and

WHEREAS, the County owns a parcel of land identified as Wake County PIN #0755340782 and #0755243185, and lying within Cedar Fork District Park, and

WHEREAS, the Town’s Greenway Master Plan includes a paved greenway trail, extending from the Davis Drive to Evans Road near Lake Crabtree (hereinafter referred to as the “Trail”); and

WHEREAS, the Town has obtained Federal grant funding to assist with design and construction of the Trail to connect to the segment of Crabtree Creek Greenway trail that the Town of Cary is constructing east of Evans Road; and

WHEREAS, the Trail will serve both visitors to the Lake Crabtree Property, Cedar Fork District Park and users of the regions Greenway system, and will also provide a regional connection to trails in Umstead Park, and between greenway systems of the City of Raleigh and the Town of Cary; and

WHEREAS, the County currently maintains a narrow unpaved foot trail around the lake; and

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WHEREAS, the Trail will provide an accessible and more durable route for part of the lake circuit trail; and

WHEREAS, the County and the Town desire to enter into an agreement to establish this Trail, which Trail is further defined in Exhibit A– Crabtree/Hatcher Greenway Trail, and

WHEREAS, this Interlocal Agreement is authorized and entered into pursuant to North Carolina General Statutes, Articles 18 and Article 20, Part 1 of Chapter 160A; and

WHEREAS, this lease of governmental property contemplated by this Interlocal Agreement is authorized by North Carolina General Statute Article 12, Section 160A-274.

NOW, THEREFORE, in consideration of the mutual goals and promises contained herein, and the mutual benefits to result therefrom, the parties agree as follows:

1. Purpose: The purpose of this Agreement is to provide for the public good and the general welfare of the citizens of County and Town by establishing and operating the Trail, which will be a paved greenway trail through Cedar Fork District Park and along the north shore Crabtree Creek towards the Evans Road/Aviation Parkway intersection. The Recitals are incorporated into this Agreement.

2. Lease, Operations, Maintenance & Capital Improvements:

D. Lease. The County hereby leases to the Town and Town hereby leases from County a portion of that real property identified as Wake County PIN #0756800223, #0755358946, #0755357836 and 0755340782, said portion lying and being within a 30 ft wide corridors centered on the Trail as constructed, plus additional areas necessary for installation and maintenance of drainage structures and channels, all collectively consisting of approximately 179,000 square feet or 4.11 acres (the Premises”).

E. Temporary Construction Access. The County hereby grants the Town temporary access and use for grading and other construction related activities during the period of Trail construction over the real property

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along the Trail corridors as identified as “Temporary Construction Access” on Exhibit A.

F. Use, Maintenance, and Repair of Premises. The Parties agree that the Town shall construct, administer and manage the Trail for the use and benefit of Town and County citizens on Premises. All Trail related operations, maintenance and all capital improvements within the leased corridors shall be the responsibility of the Town. The Trail shall be constructed to then current ADA accessibility specifications. The Town shall use best efforts to construct the Trail within time allowed by the Town’s Department of Transportation grant funding. Except to the extent responsibility for the Trail and Premises are specifically provided for herein, the County shall continue to administer and manage the Lake Crabtree Property for the use and benefit of Town and County citizens.

3. Flood Hazard: The County and Town recognize that the Premises is a part of Site 23 of the Crabtree Creek Watershed Project and subject to flooding. The County shall not be liable for damages to any real or personal property improvements placed on the Premises as a result of flooding or by any other causes whatsoever.

4. Use of the Property: The County and Town agree that the Premises shall be used exclusively for public recreational purposes including but not limited to trails, bridges, boardwalks, and associated amenities. No other uses of the Property will be permitted without the written approval of the County.

5. Term: The term of this Agreement shall commence upon execution by the parties hereto and shall conclude on June 30, 2055, unless sooner terminated in accordance with this Agreement or any modification hereto (“Term”).

6. Rent: In addition to the consideration provided in Paragraph 2 above, the County agrees to rent the Premises to the Town for One Dollar ($1.00) for the Term of the Agreement or any extensions thereof.

7. Renewal: The County and Town agree to make the Premises and Trail and the Lake Crabtree Property available for public use for the benefit of all residents of the County and Town so long as this Lease is in effect. At the end of the Lease Term, the County and Town may negotiate in good faith to continue or extend this Agreement under mutually agreeable terms and conditions.

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8. Nonperformance: In the event either Party should fail to keep, perform or abide by any term, condition or covenant of this Agreement for a period of thirty (30) days after written notice of such failure by the non-breaching party, then in addition to any other remedies available at law or equity, the non-breaching party shall have the right to remedy such nonperformance. In such event, the breaching party shall reimburse the non-breaching party for any actual, reasonable expenses incurred by the non-breaching party in effecting such remedy. Such reimbursements shall be due and payable within thirty (30) days after receipt by the breaching party of written notice specifying and substantiating the amount due. If the County is the non-breaching party, it may suspend the Town’s use of the Premises until the Town demonstrates to the County’s satisfaction that the Town has corrected the breach and are fully performing the obligations under the terms, conditions, and covenants of this Agreement. In the event of such suspension, County shall be responsible for maintaining and operating the Premises.

9. Termination: Either party may terminate this Agreement upon three hundred and sixty-five (365) days written notice to the other, provided that:

e. If the County should exercise this right of termination at any time during the Term, then the County shall reimburse the Town for a pro-rata portion of the Town’s construction costs for Trail and other approved improvements completed on the Premises; the costs shall be amortized over the Term (straight line depreciation with no salvage value).

f. If the Town should exercise this right of termination at any time, then and in that event, the Town shall complete any improvements begun on the Premises leaving the Premises in a condition that is safe and reasonably acceptable to the County. Upon termination of this Agreement for any reason, the Town may not remove any fixture that is permanently attached to the Premises. The Town shall remove Town’s equipment. The Town shall relinquish any interest the Town may have in any of the permanently attached fixtures Town has made to the Premises under this Agreement, and no reimbursement shall be due the Town. The Town shall execute whatever documentation is reasonably required to protect the County’s interest in improvements relinquished by the Town. The County shall have no responsibility for repayment of any Town or third party funds used to construct or improve the Trail and Premises.

g. In the event of a Termination by either party, the County shall have the right in its sole discretion, but no obligation, to continue the use, maintenance, or repair of the Trail or Premises.

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10. Default /Termination: In the event either Party should fail to keep, perform, or abide by any condition, covenant, or financial term of this Agreement for a period of thirty (30) days after written notice of such failure by the non-breaching party, then the non-breaching party may elect to terminate this Agreement upon ninety (90) days written notice if the breaching party has failed to make a good faith effort to cure the breach. If the County is the breaching party and the Town exercises this right of termination during the Term, then and in that event, the County shall reimburse the Town as provided in paragraph 9(a). If the Town is the breaching party and the County exercises this right of termination, at any time during the Term, then and in that event, the Town shall relinquish any interest it may have in any permanently attached fixtures the Town has made to the Premises under this Agreement; no reimbursement for such fixtures shall be due the Town; and the Town shall leave the Premises in a condition reasonably approved by the County.

11. Ownership: The execution of this Agreement shall not affect the County’s authority to sell or convey fee simple title to the underlying Premises. Should the County desire to sell the Premises, County agrees it shall provide notice to Town and engage in good faith negotiations with Town should Town desire to purchase Premises for a public purpose. This provision shall not be considered an option to purchase. Should the County thereafter sell Premises on which Trail or recreational and infrastructure improvements have been made by the Town, the County shall:

C. provide notice of the terms of sale to Town prior to seeking approval of the County governing board; , and

D. at the closing of the sale, reimburse the Town the depreciated value of Trail and other approved improvements made by the Town using the method described in paragraph 9(a).

12. Liability: The Town acknowledges that the County is authorizing use of the Premises pursuant to this Agreement only for lawful recreational purposes. The Town shall be responsible for any replacement or repair of paving, landscaping, fences, or other County owned structures disturbed or damaged, and any property damage or bodily injury, including death, of third parties arising out of Town’s use, maintenance, or repair of the Trail or Premises pursuant to this Agreement. The County shall not be liable to the Town or to any member of the public using the Trail or Premises for any injury suffered by reason of the Town’s use, maintenance, or repair of the Trail or Premises pursuant to this Agreement. To the extent permitted by law and covered by insurance, the Town shall indemnify, protect, and hold harmless the County, its agents, and employees from and against claims or damages, including attorney’s fees, caused by the

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negligence or intentional wrongdoing of the Town, its agents, contractors, or employees when they are on the Premises.

13. Amendments: This Agreement may be amended by written agreement of both parties. This Agreement shall terminate upon a sale or transfer of the Premises by the County pursuant to the terms provided herein.

14. Survival. The obligation to reimburse the Town a pro rata portion of the Town’s investment in Trail and improvements and the Town’s liability obligations as set forth in Paragraph 12 shall survive the termination of this Agreement.

15. Assignment. The Parties agree that Town may assign this Agreement to another governmental entity, provided that the Trail shall continue to be used for the purpose of public recreation, and the Trail is available to the public upon the same terms and conditions as exist at the execution of this ILA . Any other assignment by Town shall require the consent of County, which shall not unreasonably be withheld.

16. Electronic Version of Agreement. Town or County may convert a signed original of the Agreement to an electronic record pursuant to a North Carolina Department of Cultural Resources approved procedure and process for converting paper records to electronic records for record retention purposes. Such electronic record of the Agreement shall be deemed for all purposes to be an original signed Agreement.

IN WITNESS WHEREOF, the governing board of the respective Parties have approved this Agreement by Resolution spread upon the minutes and have caused it to be duly executed and attested to by their respective Clerks, the year and day first written above.

Town of Morrisville

Attest: _________________________ By: _____________________________

Clerk Mayor

[SEAL]

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Wake County Board of Commissioners

Attest: _________________________ By: _____________________________

Clerk Chairman

[SEAL]

Approved As To Form:

________________________________

County Attorney

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

_________________________________

Finance Officer, Wake County

Consent Agenda

Approval of a Service Agreement with Aqua North Carolina, Inc. for the Willow Springs Fire Station

Matt Calabria moved, seconded by Sig Hutchinson, to authorize the County Manager to execute a Water Utility System Agreement with Aqua North

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Carolina, Inc., subject to the terms and conditions approved by the County Attorney. The motion passed unanimously.

WATER UTILITY SYSTEM AGREEMENT

STATE OF NORTH CAROLINA COUNTY OF WAKE

THIS AGREEMENT, made this 17th day of August 2015 by and between WAKE COUNTY, a body

politic and corporate, whose address is P.O. Box 550, Raleigh, North Carolina 27601, (hereafter referred to as “County”) and AQUA NORTH CAROLINA, INC., a corporation, with its principal office in Cary, North Carolina, whose mailing address is 202 MacKenan Court, Cary, North Carolina 27511, (hereafter referred to as "Utility"); W I T N E S S E T H:

WHEREAS, COUNTY is funding certain capital improvements for water utility service to the Willow Springs Volunteer Fire Department (hereafter “Project”), which is defined in Section 1.9 and further described and delineated on that certain site plan by County entitled Wake County Willow Springs Volunteer Fire Department Waterline Extension, attached hereto as Appendix 1;

WHEREAS, COUNTY is desirous of installing in the Project a Water Utility System (defined

below) to provide water utility service to the Project; WHEREAS, COUNTY has requested Utility to purchase, own, and operate said Water Utility

System after its construction by COUNTY; WHEREAS, Utility is agreeable to purchasing, owning, and operating the completed Water

Utility System upon the terms and conditions stated herein; NOW, THEREFORE, for and in consideration of the promises and of the rights, powers and

duties hereinafter set forth to be performed by each, COUNTY and Utility mutually agree as follows:

1. Definitions. 1.1. “Agreement” shall mean this Water Utility System Agreement for the design,

construction, conveyance, and operation of the Water Utility System (defined below) that will serve the Project, including all exhibits and schedules hereto, if any, and as may be amended from time to time.

1.2. “Assets” shall mean shall mean all components of the Water Utility System,

including additional components added during each Water Utility System Phase, which are necessary or useful to provide water utility service to the Project.

1.3. “Certificate” shall mean a Certificate of Public Convenience and Necessity, issued

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by the North Carolina Utilities Commission, authorizing the provision of water utility service to the Project.

1.4. “Certificate Extension” shall mean an extension of Utility’s rights under a

Certificate. 1.5. “Commission” shall mean the North Carolina Utilities Commission. 1.6. “DWR” shall mean the Division of Water Resources, Public Water Supply Section

of the North Carolina Department of Environment and Natural Resources. 1.7. “Deeded Property” shall mean perpetual easement(s) and other real property

that are designated on the recorded plat or the Water Plans for the Water Utility System that are dedicated in connection with the Water Utility System, which are needed for the construction, operation, maintenance, repair, and replacement of the Water Utility System.

1.8. “Permit” or “Permits” shall mean the Water Utility System Permit and/or the

Authorization to Construct issued by DWR, as the context requires. 1.9. “Project” shall mean the water facility capital improvement project for the

Willow Springs Volunteer Fire Department whose physical address is 2474 Bud Lipscomb Road, Willow Spring, North Carolina 27592 and shall consist of the installation of a Water Utility System and appurtenances.

1.10. “Service Line” shall mean the portion of the individual building’s water line for

which the property owner assumes responsibility for maintaining and for which Utility assumes no maintenance responsibility. The Service Line is that portion of the individual building’s water line that extends from the Utility’s water meter to the building. The portion of the line extending from the water meter to the water main at or near the street shall not be included in the term “Service Line.”

1.11. “Single Family Residential Equivalent” or “SFRE” shall be determined by meter

size and is described further in the table below.

Meter Size SFRE

<1” 1.0

1” 2.5

1.5” 5.0

2” 8.0

3” 15.0

20

4” 25.0

6” 50.0

1.12. “Water Facilities” shall mean Utility’s existing Honeycutt water distribution,

production, treatment, and storage system to which the Water Utility System shall be connected.

1.13. “Water Plans” shall mean all final plans and specifications for the Water Utility

System prepared by COUNTY’s engineer and approved by Utility and DWR. 1.14. “Water Utility System” shall mean the: water distribution system,

interconnection to Utility’s Water Facilities, and other land, fixtures, and equipment used in the distribution of the water service and, if constructed, any additional components of the Water Utility System necessary to provide water service to the Project, including but not limited to: easements within publicly dedicated rights of way, Deeded Properties, all water mains, hydrants, interconnections, services, water meter, water meter boxes, water meter yokes, backflow preventers, and other additional components of the Water Utility System necessary to serve water to the Project.

1.15. “Water Utility System Service Line” shall include only that portion of an

individual water line that extends from the Utility’s water meter back to the Water Utility System’s water main at or near the street, unless the water meter is not on the individual lot owner’s property in which case Utility shall assume maintenance responsibility from the water main up to the lot owner’s property line. The portion of the line extending from the water meter or the property line if the water meter is not on the lot owner’s property, to the building shall not be included in the term “Water Utility System Service Line.” The Utility will assume and retain maintenance responsibility for the Water Utility System Service Line.

1.16. “COUNTY” shall mean Wake County Government, its successors and assigns,

whose business address is P.O. Box 550, Raleigh, North Carolina 27601.

2. Design, Permitting & Installation.

2.1. Design & Permitting Requirements.

a. COUNTY, at no cost to Utility, shall cause Water Plans for the Water Utility System of the Project to be designed by COUNTY’s engineer. The final Water Plans shall be approved by both Utility and DWR. Such approval by Utility shall not be unreasonably withheld, conditioned or delayed. The Water Plans shall incorporate Utility's current specifications dated August 2013, as may be amended from time to time, into the design standards, a copy of which has been delivered to COUNTY and COUNTY acknowledges receipt thereof. The Water Plans shall include facilities and

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equipment for water distribution system including the interconnection to Utility’s Water Facilities.

b. COUNTY shall obtain all Permits necessary for the design and construction of the Water Utility System.

c. COUNTY shall pay for the design and DWR permitting requirements of the Water Utility System. Said Permit shall name Utility as permittee.

2.2. Construction of the Water Utility System. COUNTY shall construct the Water Utility System, including interconnection to Utility’s Water Facilities, and assume all costs and expenses for doing so without reimbursement from Utility except if specified in this Agreement. COUNTY shall install or cause its contractor to install meter box, meter setter (yoke), and service tail. Utility shall install actual meter; provided that County or its contractor can install meter at Utility’s request if Utility provides exact specification and supplier to be used. Utility reserves the right to make periodic inspections of the Water Utility System throughout its construction. Such inspection should not be considered either a substitute or for the COUNTY’s engineer’s duties and responsibilities to inspect the construction and installation of the Water Utility System or a waiver of any requirements applicable to the design or construction of the Water Utility System. As required by North Carolina General Statutes Section 130A-317 and Rules Governing Public Water Supply Systems, 15A NCAC 18 C. 0305(a), neither COUNTY nor Utility shall construct or begin construction of any portion of the Water Utility System prior to approval of the Water Plans by DWR or prior to the issuance of an Authorization to Construct by DWR. In the event that any fines or penalties are assessed against the Utility (as the applicant for the water system), the Engineer, or the COUNTY as a result of the COUNTY installing all or a portion of the Water Utility System without DWR approval, COUNTY shall pay any such fine or penalty -- or reimburse Utility for the amount of such fine or penalty -- prior to meters being installed or water service being provided in the Project.

2.3. Production and Storage Requirements. Utility has sufficient water supply in its

Water Facilities to serve the Project and agrees to reserve and allocate capacity to COUNTY for the Project mutually determined by Utility and County’s engineer to be 300 gallons per day. As long as capacity is not changed, Utility agrees to waive the Contribution in Aid of Construction (“CIAC”) Fee upon signing of this Agreement.

2.4. Contractors and Construction Warranty. Utility must approve, in writing and

prior to the commencement of any work, all contractors and subcontractors that will be utilized to construct any portion of the Water Utility System. Attached hereto as EXHIBIT 2.4 (a) is a list of all utility contractors currently approved by Utility for water utility system installations. Utility shall update this list always having a minimum of three approved utility contractors. COUNTY may submit to Utility additional names of licensed contractors (including references) for investigation and evaluation by Utility. Utility shall not unreasonably withhold condition or delay approval of such additional contractors. At each

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Closing COUNTY shall provide or cause its approved contractor(s) to provide Utility with a one-year warranty on the quality of materials, construction, and workmanship of all Water Utility System components installed to serve the Project. Such warranties shall commence on the date of Closing of each Water Utility System Phase and shall be in similar format as the form attached hereto as EXHIBIT 2.4 (b). COUNTY or Contractor shall not warrant or be responsible for system or performance of system beyond the required one-year warranty.

2.5. Engineering Certification of Completion & Record Drawings. COUNTY, at

COUNTY’s cost, shall have the engineer provide DWR and Utility with a signed and sealed letter from COUNTY’s retained engineer certifying that the Water Utility System was constructed and completed in compliance with the approved Water Plans and applicable regulations. Said letter shall comply in form and substance with DWR regulatory requirements. COUNTY, at its expense, shall also provide Utility with an electronic copy of engineering ‘as built’ drawings of the Water Utility System in ‘.dwg’ format and shall include the longitude and latitude of each valve in the drawings. COUNTY shall also provide, at its expense, copies of the as built drawings that shall depict the signature and seal of the professional engineer responsible for issuing the as-built drawings in ‘.pdf’ format.

3. Certificate of Public Convenience and Necessity. Upon signing of this Agreement, issuance of the Permits and approval of the Water Plans by DWR, Utility will apply to the Commission as soon as may be practicable for a Certificate or for a Certificate Extension to provide water service to the Project. It is mutually understood and agreed that the sale and conveyance of said Assets shall occur only after the granting of the Certificate or Certificate Extension by Commission and approval of the Water Plans and issuance of the Permit by DWR. Should the Commission fail to grant the Certificate or Certificate Extension and either party then terminates this Agreement, Utility agrees to: (i) request DWR to rescind or transfer any Permits issued in Utility’s name and (ii) shall terminate or re-convey to COUNTY any Deeded Property COUNTY may have transferred to Utility pursuant to this Agreement.

4. Monthly Water Rates and Fees. Utility shall request permission from the Commission to charge its current tariff water rates and fees as amended from time to time.

5. Written Certification of Costs. COUNTY shall deliver to Utility its written certification of the COUNTY's total actual cost for completing construction of the Water Utility System. The certification of costs shall include a breakdown of the cost of components installed for the entire Water Utility System and shall be completed in the same format of the form attached hereto as EXHIBIT 5.

6. Conveyance of the Water Utility System.

6.1. Closing Date. Upon receipt of the Certificate or Certificate Extension described

in Section 0 of this Agreement and the satisfaction of all conditions precedent to Utility’s obligations, the Parties shall mutually agree upon a date for the transfer of the Assets. The

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effective time of the legal transfer hereunder shall be 12:01 a.m. on the day following the Closing Date. Closing shall take place at the offices of Utility located at 202 MacKenan Court, Cary, North Carolina or, by telecopy or electronic mail exchange of documents with originals to follow by overnight delivery. Utility is not obligated to provide water service to the Project until Closing has occurred. At Closing COUNTY shall convey to Utility by deed, easement, and bill of sale, as appropriate, the Water Utility System Assets, and all rights to operate the Water Utility System installed in accordance with the approved Water Plans. Said Assets shall be free and clear of all liens and encumbrances. Said bill of sale shall be substantially similar in form and substance to that attached hereto as EXHIBIT 6.1. Upon Closing, Utility shall be the deemed the beneficial owner of the Assets. Upon Closing, all responsibility for maintenance, operation, repair, and replacement of the Water Utility System shall transfer to Utility.

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6.2. DEEDS AND EASEMENTS FOR WATER SYSTEM.

a. Water Utility Easements. For any water main not located within North Carolina

Department of Transportation (NCDOT) right-of-way, COUNTY shall use best efforts to obtain, through deed of easement , purchase, or condemnation a 20 foot perpetual easement centered 10 feet on each side of the water main within the Water Utility System, for ingress, egress, regress, and access for the installation, operation, maintenance, repair, and replacement of the water mains, valves, and other equipment appurtenant to the water distribution system. Any easement(s) so obtained will be conveyed to Aqua by an assignment or grant of easement at Closing and shall be recorded in the Office of the Wake County Register of Deeds. Any water mains installed within the NCDOT right of way shall be subject to the approval of NCDOT. COUNTY’s engineer shall prepare and process through NCDOT any highway encroachment agreements for approval. Aqua shall execute these highway encroachment agreements and cooperate fully with COUNTY’s engineer to expedite the easement process, condemnation process, or NCDOT approval process, to the extent applicable.

b. Surveys for Water Utility System Easements. For any component of the Water

Utility System not located within public rights-of-way, COUNTY shall supply Aqua with a current survey for the perpetual easements showing said easement centered 10 feet on each side of the water main. The surveys shall be signed and sealed by a registered surveyor.

c. Instruments and Documents of Conveyance and Transfer. All instruments and documents of conveyance and transfer, shall be in form, reasonably satisfactory to Utility and its counsel, as shall be necessary to effectuate transfer and assignment to, and vest in, Utility good and marketable title to the Water Utility System and all rights to operate the Water Utility System, the Grant and Assignment of Easements, and the Bill of Sale and Assignment. No interest in real estate shall be conveyed from County to Utility as part of the Water Utility System.

6.3. Pre-Closing Deliveries of COUNTY. COUNTY shall deliver to Utility at least 15

days prior to Closing:

a. a copy of the DWR required letter from COUNTY’s engineer certifying that the Water Utility System is installed in compliance with the DWR and Utility approved Water Plans and applicable regulations as set forth in Section 2.5; and

b. an electronic copy of engineering record drawings of the Water Utility System as constructed (“as-builts”) completed by the engineer of record for the project as set forth in Section 2.5

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c. a completed written certification of COUNTY's cost in the Water Utility System as set forth in Section 4;

d. a survey as set forth in Section 6.2.b;

6.4. Closing Deliveries of COUNTY. COUNTY shall furnish Utility with:

a. a one year warranty for the quality of construction on all Water Utility System components issued by County or County’s approved Contractor as set forth in Section 2.4;

b. an executed bill of sale for the Assets , and easements for the Water Utility System in the form as provided in EXHIBIT 6;

c. A release of any mechanics liens and a release of any interest by COUNTY in the Water Utility System.

d. Representations and Warranties of COUNTY. COUNTY to provide a signed Certificate that represents and warrants the following:

1. COUNTY is the owner of the Water Utility System and is in good standing under the laws of the State of North Carolina.

2. COUNTY has full power and authority to sell, convey, assign, transfer and deliver the Water Utility System to Utility, including the well lot and grants of easement, and such transfers do not violate, conflict with or result in the breach of any term, condition or provision of any instrument, contract, lease, agreement, permit, certificate or other document to which COUNTY is a party or is otherwise bound or affected, or by which any of the Water Utility System may be bound or affected. COUNTY has good and marketable title to the Water Utility System, free and clear of all liens and encumbrances.

3. All tangible property included in the Water Utility System is or will be in good operating condition at the time of conveyance.

4. There are no violations or noncompliance with the laws and regulations applicable to the Water Utility System or groundwater known to the County at the time of Closing.

5. There are no environmental problems or concerns relating to the Water Utility System or groundwater known to the County at the time of Closing.

6.5. Conditions Precedent to Utility’s Obligations. All obligations of Utility under this

Agreement are subject to the fulfillment or satisfaction of each of the following conditions precedent. Utility may waive any or all of these conditions, provided, however, that no such waiver of a condition shall constitute a waiver by Utility of any of its other rights or remedies

26

hereunder.

Utility shall be satisfied with the condition of the Water Utility System to be acquired and the quality of construction thereof. A signed and sealed letter from COUNTY’s retained engineer, complying in form and substance with DWR regulatory requirements and certifying that the Water Utility System was constructed and completed in compliance with the approved Water Plans and applicable regulations shall be considered prima facie evidence of the satisfactory condition of the Water Utility System.

a. COUNTY shall have received all required authorizations or approvals relating to the Water Utility System from any governmental authority with jurisdiction over the Water Utility System, if any.

b. COUNTY shall have performed and complied in all material respects with all agreements and conditions required by this Agreement to be performed or complied with by COUNTY prior to or at Closing.

c. All representations and warranties shall be true and correct as of the Closings, as evidenced by the Certificate(s) as set forth in Section 6.4.d

d. Utility shall have received all governmental authorizations needed for the transfer of Assets including, but not limited to, an Order and Certificate of Public Convenience from the Commission, authorizing: (i) the transfer of Assets as contemplated by this Agreement; (ii) Utility to provide water service to the Project; and (iii) the adoption of initial rates as requested by Utility or as approved by the Commission, pursuant to Section 3 of this Agreement. Such governmental authorizations, orders and approvals, including those of the Commission, and other appropriate agencies, if so needed, shall be final and non-appealable. Approval of a lower rate than requested by Utility shall not constitute failure to meet a condition precedent to Closing.

e. At Closing the Water Utility System shall not be materially adversely affected by fire, explosion, earthquake, disaster, accident, cessation or interruption of utility or other services, flood, drought, lack of water supply, contamination of water supply, embargo, riot, civil disturbance, uprising, activity of armed forces or act of God or public enemy, or any other event or occurrence not caused by the Utility or County. “Materially adversely affected” shall mean that the condition prevents operation of the Water Utility System in a commercially reasonable and lawful manner.

f. At Closing no proceeding shall be pending or threatened before any court or governmental agency in which it is sought to restrain or prohibit or to obtain damages or other relief in connection with this Agreement or in the consummation of the transactions contemplated hereby, and no investigation that might eventuate in any

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such suit, action or proceeding shall be in progress.

7. General Provisions. 7.1. Execution of Future Agreements. After the execution of this Agreement, all new

development agreements entered into by COUNTY for the Project shall be consistent with the terms of this Agreement. COUNTY and UTILITY each warrant that it has not entered into any development agreements that are inconsistent with the terms of this Agreement.

7.2. Representations Regarding Fire Service. COUNTY acknowledges that Utility’s sole obligation after Closing is to provide water utility service to the Willow Springs Volunteer Fire Department Project and that Utility does not provide, nor is the Water Utility System designed to provide, fire service. In this regard, COUNTY shall not make any representation that: (i) Utility will provide fire service; (ii) that the Water Utility System is designed or adequate to provide such service; or (iii) that fire service will be provided to the Willow Springs Volunteer Fire Department Project. County reserves the right to install a fire pump and onsite non-potable storage tank to provide water for fire protection sprinklers within the Willow Springs Volunteer Fire Station. Said storage tank may be filled and replenished by multiple means, including but not limited to construction of privately maintained domestic water lines downstream of the Utility’s meter. County acknowledges that Utility does not represent to provide a system capable of supporting a building sprinkler system. Utility acknowledges that County shall not be required to pay for water stored in the non-potable storage tank to supply water to the sprinkler systems constructed by County now or in the future unless the County utilizes the potable Water Utility System as a water source to supply water to the non-potable storage tank, in which case Utility shall charge its Commission approved tariff rates pursuant to Section 4 of this Agreement.

7.3. Representations, Warranties, Covenants and Agreements Survive Closing. All

representations and warranties of COUNTY and Utility hereunder shall survive each Closing. Further, any covenant or agreement herein which contemplates performance after the time of any Closing shall not be deemed to be merged into or waived by the instruments delivered in connection with such Closing, but shall expressly survive such Closing and continue to be binding upon the Parties.

7.4. Binding upon Successors and Assigns. This Agreement shall be binding upon and

shall inure to the benefit of COUNTY and Utility, and the successors and assigns of each. Neither party may assign this Agreement to a person or entity lacking the financial ability or expertise to perform its obligations hereunder.

7.5. No Third Party Beneficiary Rights. Nothing expressed or implied in this

Agreement will be construed as providing any legal or equitable right, remedy or claim under or with respect to this Agreement or any provision of this Agreement to any third party.

7.6. No Agency, Partnership or Joint Venture Created. The Parties are and shall be

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independent to one another, and nothing herein shall be deemed to create an agency, partnership, or joint venture between them.

7.7. Counterparts. This Agreement may be executed in one or more counterpart

signature pages (including facsimile counterpart signature pages), each of which will be deemed to be an original of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement.

7.8. Headings. The headings within this Agreement are inserted for convenience only

and shall not be construed as a limitation or expansion of any term or provision of this Agreement.

7.9. Enforcement of Agreement. Each Party acknowledges and agrees that the other

Party would be irreparably damaged if any of the provisions of this Agreement are not performed in accordance with their specific terms and that any breach of this Agreement by a Party could not be adequately compensated in all cases by monetary damages alone. Accordingly, in addition to any other right or remedy to which a Party may be entitled, at law or in equity, it shall be entitled to enforce any provision of this Agreement by a decree of specific performance and to temporary, preliminary and permanent injunctive relief to prevent any breach or threatened breach of any of the provisions of this Agreement, without posting any bond or other undertaking.

7.10. Waiver. The failure of a party to immediately assert its rights or an obligation of

the other party hereunder shall not be deemed as a waiver of such right or obligation. No single waiver of any term, condition or provision of this Agreement shall be deemed to be, or construed as, a further or continuing waiver of any such term, condition or provision unless agreed to by written instrument.

7.11. Entire Agreement. This writing embodies the entire agreement and

understanding between the parties hereto and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No prior oral commitment shall be binding against either party.

7.12. Modifications in Writing. This Agreement may not be modified, amended or

changed in any respect except in writing, duly signed by the parties hereto.

7.13. Limitation on Venue and Jurisdiction. The Parties agree that the state and federal courts in the State of North Carolina shall be the sole and exclusive venues for litigating any disputes concerning this Agreement and that litigation is limited to such court having jurisdiction over any dispute.

7.14. Governing Law. This Agreement shall be governed by the laws of the State of

North Carolina, without regard to such state’s conflict of law or choice of law rules.

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7.15. Authority to Sign Agreement. Both persons signing this Agreement warrant they are fully authorized to sign this Agreement on behalf of COUNTY or Utility, to bind their respective part to the terms and conditions of this Agreement and that no further approvals or authorizations are needed to bind their respective parties to its terms.

7.16. Notices. All notices and other communications required or permitted hereunder

shall be in writing and shall be sent either (i) personally by hand delivery, (ii) by registered or certified United States first-class mail, postage prepaid, return receipt requested, (iii) by nationally recognized overnight courier, or (iv) by facsimile addressed to the address or facsimile number indicated below (or at such other address or facsimile number as such Party or permitted assignee shall have furnished to the other Parties hereto in writing). All such notices and other written communications shall be effective on the date of delivery.

If to COUNTY, such notice shall be addressed to:

Address: P. O. Box 550, Raleigh, NC 27602 Attn: General Services Director Telephone: 919-856-5726 Facsimile: 919-856-6478

If to Utility, such notice shall be addressed to:

Aqua North Carolina, Inc. 202 MacKenan Court Cary, NC 27511 Attn: President Telephone: (919) 467-8712 Facsimile: (919) 460-1788

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on this

date and year first noted above.

WAKE COUNTY GOVERNMENT

Title: County Manager AQUA NORTH CAROLINA, INC. (SEAL) By: Thomas J. Roberts, President

30

Attest: __________________________ Title:

Resolution Approving the Extension of Johnston County Public Utilities into Wake County

Matt Calabria moved, seconded by Sig Hutchinson, to adopt a Resolution

approving the extension of Johnston County Public Utilities into Wake County. The motion passed unanimously.

WAKE COUNTY BOARD OF COMMISSIONERS

RESOLUTION APPROVING JOHNSTON COUNTY PUBLIC UTILITIES EXTENSION OF PUBLIC WATER SERVICE TO PRE-DESIGNATED AREAS WITHIN WAKE

COUNTY WHEREAS, North Carolina General Statute §162A-87.3 and Section 12-11-2 of the Wake County Unified Development Ordinance (UDO) allows the extension of adjacent County water and/or sewer lines into another County upon mutual agreement among the two counties; and WHEREAS, on July 29, 2008, The City of Raleigh and Johnston County executed an Interlocal Agreement (ILA)that authorized Johnston County to extend water service lines into pre-designated areas of Wake County for the purpose of serving Johnston County customers along the County line more effectively; and WHEREAS, four subsequent amendments to the ILA were executed between the City of Raleigh and Johnston County to allow connection to the water service line for matters of public health and welfare; and WHEREAS, the ILA and subsequent Amendments Two, Three, and Four were NOT duly approved by the Wake County Board of Commissioners; and WHEREAS, Amendment Five provides clarification to various items in the ILA and also sets a course forward for any future Wake County connections to the Johnston County water service line; and WHEREAS, the ILA and all subsequent amendments satisfy the requirements of the Wake County UDO that allow such utility extensions from an adjacent County into Wake County’s jurisdiction. NOW, THEREFORE, BE IT RESOLVED BY THE WAKE COUNTY BOARD OF COMMISSIONERS THAT: The Interlocal Agreement between the City of Raleigh and Johnston County, and all subsequent amendments including Amendments Two, Three, Four, and Five, are hereby approved.

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Adopted this 17th day of August, 2015. ATTEST: BOARD OF COMMISSIONERS FOR

THE COUNTY OF WAKE By: _______________________________ _______________________________ Denise Hogan, Clerk to the Board James West, Chairman APPROVED AS TO FORM: ______________________________ Scott Warren, County Attorney

Approval of Resolutions for the Wake County Sheriff’s Office and CCBI to Receive Federal Grant Dollars from the North Carolina Governor's

Highway Safety Program Matt Calabria moved, seconded by Sig Hutchinson, to approve the attached resolutions which authorize the County Manager to file an application for

$241,529 for the Wake County Sheriff’s Office and $197,073 for CCBI in federal grant dollars from the North Carolina Governor's Highway Safety Program. The motion passed unanimously.

32

33

Acceptance of a Deed of Gift from Duke Realty for Land in the Crabtree

Creek Watershed Matt Calabria moved, seconded by Sig Hutchinson, to accept the Deed of Gift from Duke Realty for two tracts of land below the dam at Crabtree Creek

Watershed Site 1, subject to the terms and conditions acceptable to the County Attorney. The motion passed unanimously.

Appropriation of Funding Received from Home Owners Association for

Engineering Study of Banks Pointe Subdivision Roads

34

Matt Calabria moved, seconded by Sig Hutchinson, to appropriate $7,000 received from the Banks Pointe Home Owners Association to the Facilities

Design and Construction Department to fund an engineering study evaluating the streets of the Banks Pointe Subdivision in southern Wake County.

The motion passed unanimously.

Establish the Finance Director's Authority for County-Wide Account Receivable Collections

Matt Calabria moved, seconded by Sig Hutchinson, to adopt an ordinance for uncollectible Accounts Receivable, excluding Taxes and the Housing Program; and authorizes the Finance Director to remove Accounts Receivable that are

deemed uncollectible and incurred prior to June 30, 2010 in the cumulative amount of $24,110,849 from the County’s subsidiary ledgers, without extinguishing the underlying debt. The motion passed unanimously.

A RESOLUTION INTRODUCING AN ORDINANCE FOR

UNCOLLECTIBLE ACCOUNTS RECEIVABLES, EXCLUDING PROPERTY

TAXES AND HOUSING LOANS, FOR WAKE COUNTY, NORTH

CAROLINA

WHEREAS, the North Carolina General Statute 159-25 (a) (1) imposes the power and duty

on the Finance Director to keep the accounts of the County of Wake in accordance with

generally accepted accounting principles;

WHEREAS, the North Carolina statutes do not specifically address authority for the

establishment of an accounts receivable policy or for the removal of uncollectible account

balances from the subsidiary ledgers;

WHEREAS, without delegation to remove uncollectible balances from the subsidiary ledger

authority to the Finance Director, the responsibility falls to the Board of Commissioners;

WHEREAS an ordinance is needed authorizing the County’s Finance Director to establish

and implement County-wide collection practices for accounts receivable, excluding property

taxes and housing loans;

NOW, THEREFORE, BE IT ORDAINED AND RESOLVED by the Board of

Commissioners (the “Board”) for the County of Wake, North Carolina (the “County”) as

follows:

The following ordinance is hereby added to Title III: ADMINISTRATION of the Wake

County, NC Code of Ordinances:

CHAPTER 34: FINANCE POLICIES

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AN ORDINANCE AUTHORIZING THE FINANCE DIRECTOR TO REMOVE

ACCOUNTS RECEIVABLE DEEMED UNCOLLECTIBLE FROM SUBSIDIARY LEDGER

§ 34.01 Title.

This subchapter shall be known and may be cited as the Uncollectible Accounts Receivable

Ordinance of Wake County.

§ 34.02 Purpose.

The purpose of this subchapter is to allow the Finance Director to authorize removal of

uncollectible accounts receivable from the subsidiary ledger when the Finance Director

determines that the account is uncollectable and the County should suspend active collection

efforts.

§ 34.03 Definitions.

For the purpose of this subchapter the following definitions shall apply unless the context

clearly indicates or requires a different meaning.

FINANCE DIRECTOR. The Wake County Finance Officer appointed in accordance with

N.C.G.S. 159 -24 and performing the duties of the Finance Officer enumerated in N.C.G.S. 159-

25 et seq.

ACCOUNTS RECEIVABLE. A past due monetary obligation to Wake County that has been

legally enforceable at any time, including but not limited to past due accounts for EMS services,

public health charges, intergovernment receivables, solid waste landfill charges, or other

amounts owed to Wake County by law. Accounts receivable under this subsection shall not

include taxes and housing program receivables due to the County.

SUBSIDIARY LEDGER. Within a billing or accounting system, the detailed listing that

accumulates individual account billing and payment detail over a period of time.

DILIGENT COLLECTION EFFORTS. Any, some or all of the following methods of

collection employed in the discretion of the Finance Director or designee in accordance with

applicable N.C. law, including but not limited to: mailed monthly statements and letters, phone

calls, service interruptions, payment method changes (cash only), collections agencies, property

liens, payment interceptions, small claims court, Set-Off Debt Collection Procedure outlined in

N.C.G.S. Chapter 105A.

UNCOLLECTIBLE ACCOUNT. An account receivable that remains uncollected after

diligent collection efforts have been employed by Wake County; or the cost of collection exceeds

the value of recovery.

§ 34.04 Establishing an Uncollectable Account.

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The Finance Director or designee shall determine when cessation of collection

efforts is appropriate with regard to any account or category of accounts and shall deem such

account(s) uncollectible to be managed in accordance with this subsection.

§ 34.05 Authorization to Remove Uncollectible Account from Subsidiary Ledger

(A) The Finance Director may remove from subsidiary account balances all amounts

that are less than $5,000 and at least five (5) years old and considered

uncollectible with an annual reporting of such to the Board of Commissioners;

(B) The Finance Director shall present amounts greater than $5,000 per account

deemed uncollectible to the Board of Commissioners annually for authorization

to remove amounts from subsidiary ledgers;

(C) Removal of any account(s) receivable from the subsidiary ledger does not

extinguish the underlying debt.

Upon motion of Commissioner Calabria, seconded by Commissioner Hutchinson, the

foregoing resolution entitled AN ORDINANCE AUTHORIZING THE FINANCE DIRECTOR

TO REMOVE ACCOUNTS RECEIVABLE DEEMED UNCOLLECTIBLE FROM

SUBSIDIARY LEDGER

was passed by the following vote:

Ayes:__7______________________________________________________________________

______________________________________________________________________________

Noes:__0______________________________________________________________________

______________________________________________________________________________

* * * * * *

I, Denise M. Hogan , Clerk to the Board of Commissioners for the County of Wake, North

Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the

proceedings of said Board for said County at a regular meeting held on August 17, 2015 as it

relates to the passage of a new ordinance for Wake County AN ORDINANCE

AUTHORIZING THE FINANCE DIRECTOR TO REMOVE ACCOUNTS RECEIVABLE

DEEMED UNCOLLECTIBLE FROM SUBSIDIARY LEDGER and that said proceedings are

recorded in the minutes of said Board 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 official seal of said County this 17th

day of August, 2015.

________________________________________

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Clerk to the Board

[SEAL]

Approve Grant Agreements and Appropriate for Novozymes Matt Calabria moved, seconded by Sig Hutchinson, to approve: 1. Approve grant agreements to facilitate a One North Carolina Grant for

Novozymes, North America, Inc. subject to terms and conditions acceptable to the County Attorney; and,

2. Appropriate $400,000 of One North Carolina Grant funds for Novozymes, North America, Inc.

The motion passed unanimously.

LOCAL GOVERNMENT GRANT AGREEMENT

4.THE ONE NORTH CAROLINA FUND

Local Government Name: County of Wake Grant No. 2013-10615 Project Name: Novozymes North America, Inc.

5.

6. 7. STATE OF NORTH CAROLINA

8. GRANT AGREEMENT

COUNTY OF WAKE

This Local Government Grant Agreement (the “LGGA”) is effective the 22nd

day of April, 2014 (the

“Effective Date”) by and between the County of Wake, North Carolina (hereinafter referred to as the “Local

Government”), and the North Carolina Department of Commerce (hereinafter referred to as “DOC”);

WITNESSETH:

WHEREAS; the Local Government desires to stimulate and develop the local economy of its region,

alleviate the problems of unemployment and underemployment by creating and/or retaining jobs for its citizens, and

develop its local tax base; and

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WHEREAS; the General Assembly has created the One North Carolina Fund (the “Program”) to make

funding available within North Carolina “to secure commitments for the recruitment, expansion or retention of new

or existing businesses”; and

WHEREAS; the General Assembly has authorized Program funds to be used for installation or purchase

of equipment; structural repairs, improvements, or renovations to existing buildings to be used for expansion;

construction of or improvements to new or existing water, sewer, gas or electric utility distribution lines or

equipment for existing buildings; and construction of or improvements to new or existing water, sewer, gas or

electric utility distribution lines or equipment for new or proposed buildings to be used for manufacturing and

industrial operations; and

WHEREAS; the Local Government has applied for funds in connection with activity to be undertaken

by Novozymes North America, Inc. (the “Company”), a business that has competitively chosen to locate or expand

operations for the following project (the “Project”) in North Carolina:

An expansion of research and development plants in or around 9000 Development Drive, Morrisville

(Wake County), North Carolina, in or around 77 Perrys Chapel Road, Franklinton (Franklin County),

North Carolina, and in or around 108/114 TW Alexander Drive (Durham County), North Carolina

(collectively, the “Facility”) at which the company will research and develop enzymes.

WHEREAS; the County of Franklin, North Carolina (“Franklin County”) has committed to provide

matching funds and resources for the Project equal to at least the amount of any funds awarded from the Program

(the “Match”) and the Local Government is responsible for ensuring that the Match is made and adequate evidence

of the Match is provided to DOC; and

WHEREAS; the Local Government’s application (the “Local Government Application”) has been

approved by DOC for funding, based on the Local Government’s commitments, and the commitments made by the

Company in its Program application (the “Company Application”);

WHEREAS, the Company has executed an agreement (the “Company Performance Agreement” or

“CPA”) with the Local Government reflecting the Company’s commitments to expand, create and/or retain jobs and

to take other actions that will support North Carolina’s economic development, and the terms on which funds will be

made available for such activity from the Program;

NOW THEREFORE, in consideration of the mutual covenants and promises set forth below, the Local

Government and DOC hereby agree as follows:

9. I. DOC COMMITMENTS AND GRANT CONDITIONS

(a) DOC agrees to provide Program fund in the maximum amount of Four Hundred Thousand Dollars

($400,000) for the Project (the “Grant”), in accordance with the terms of this LGGA and the CPA.

(b) Grant payments disbursed under this LGGA will be disbursed to the Local Government pursuant to N.C.

Gen. Stat. § 143B-437.70 et seq., the terms of the Program Guidelines and Procedures for Commitment of Funds

from the One North Carolina Fund, established pursuant to N.C. Gen. Stat. § 143B-437.73 and in effect as of the

effective date of this LGGA (the “Program Guidelines”), consistent with the terms and schedule established in the

CPA.

(c) Grant disbursements are conditioned upon the execution of the CPA between the Local Government and

the Company, and any other required parties thereto, in a form acceptable to DOC.

(d) To receive a Grant disbursement, the Local Government must provide or cause to be provided to DOC a

properly executed CPA, proof that the Company has performed its obligations under the CPA, proof that the Local

Government has met its obligation to ensure that Franklin County provides the Match, a duly executed completed

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disbursement request and certification in the form of Exhibit A hereof (the “Local Government Disbursement

Request”), and a duly executed completed Company’s disbursement request and certification in the form of Exhibit

A to the CPA (the “Company Disbursement Request”).

II. LOCAL GOVERNMENT’S COMMITMENTS

(a) The Local Government agrees to perform the Program and to abide by all commitments, terms and

representations in the Local Government Application.

(b) The Local Government agrees to ensure that Franklin County provides the Match in a manner consistent

with N.C. Gen. Stat. § 143B-437.72(c)(1), the Program Guidelines and Procedures, and the Local Government

Application. The Local Government will provide to the DOC a copy of the duly executed agreement between the

Local Government (or other local entity) and the Company governing the local incentives that will be provided to

the Company for the Project (the “Local Incentive Agreement”), at the time the Local Government returns the

executed LGGA. The Company will be ineligible for a Grant disbursement until the Local Incentive Agreement is

provided to the DOC. The Local Government will report to the DOC the amount of each incentive payment that is

provided to the Company under the Local Incentive Agreement, within thirty (30) days of the date on which it is

provided, whether or not the CPA remains in effect.

(c) The Local Government agrees to take all steps reasonably necessary to ensure and to establish to DOC

that the required levels of jobs are created and/or retained, the required salary levels are achieved, the required levels

of investments are made, statutorily qualifying expenses are incurred, any required environmental permits are

obtained, and any other required performance criteria are satisfied, and that no Grant funds are disbursed until the

performance criteria in the CPA have been met.

(d) The Local Government agrees to take whatever steps may be reasonably necessary to ensure and to

establish to DOC that Grant funds disbursed by the Local Government are used only for purposes allowed under the

statutory authority creating the Program.

(e) The Local Government agrees to take whatever steps may reasonably be required, after consultation with

the Secretary of DOC (the “Secretary”) and not inconsistent with the Secretary’s authority under the CPA, to

recapture all disbursed funds for which the Local Government and DOC have a right to be reimbursed.

(f) The Local Government acknowledges that DOC has a right to recapture funds under the CPA and that

such right does not relieve the Local Government of its own responsibility to recapture funds.

(g) The Local Government agrees to otherwise reimburse DOC for any funds improperly disbursed,

provided, however, that Local Government is under no obligation to reimburse DOC for any improperly disbursed

funds that were disbursed with DOC’s prior permission.

(h) The Local Government agrees to keep and maintain books, records, and other documents relating to the

receipt and disbursement of the Grant and the fulfillment of this LGGA. The Local Government shall provide any

information DOC requests in order to produce reports or compile data required by the General Assembly. If the

Local Government fails to keep and maintain books and records necessary for verifying fulfillment of this LGGA,

the Secretary may in his discretion declare this LGGA to be in default, withhold payments for or under this LGGA,

and/or require reimbursement of all or any portion of Grant funds previously paid. Prior to taking such action, the

Secretary will endeavor to communicate with the Local Government and the Company to discuss the circumstances

and the actions being contemplated.

(i) The Local Government agrees to provide any duly authorized representative of DOC or the State of

North Carolina at all reasonable times access to and the right to inspect, copy, monitor, and examine all of the

books, papers, records, and other documents relating to the Grant for a period of three years following the last

payment of Grant funds or for the inspection period specified in the CPA, whichever is longer. To the extent any

information or documents gathered pursuant to this section would be regarded as confidential or not subject to

disclosure under federal law or the North Carolina General Statutes (to include, without limitation, N.C. Gen. Stat.

§§ 132-1 et seq., commonly referred to as the “Public Records Act”), the Local Government shall clearly identify

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and mark them as such and that information will, to the extent allowed by law, be treated as confidential and not

subject to disclosure by DOC and its authorized representatives. If the Local Government fails to provide such

access and right of inspection, the Secretary may exercise discretion to declare this LGGA in default, to withhold

payments under this LGGA and/or require reimbursement of all or any portion of the Grant paid.

(j) The Local Government shall comply with all lawful requirements of DOC, all applicable requirements of

the General Statutes of the State of North Carolina, and any other applicable laws and/or Executive Orders currently

or hereafter in force.

(k) In the event that the Company fails to fulfill its responsibilities under the Company Application and/or

CPA, including its responsibilities to create and/or retain jobs, make investments, and incur statutorily qualifying

expenses, the Local Government, after consultation with the Secretary and not inconsistent with the Secretary’s

authority under the CPA, shall promptly exercise its rights and remedies to require repayment of funds, or to assess

such other penalties as may be provided for in the CPA.

(l) In addition, in the event that the Company fails to fulfill its responsibilities under the Company Application

and/or CPA, including its responsibilities to create and/or retain jobs, make investments, and incur statutorily

qualifying expenses, and the Local Government recaptures funds from the Company, the Local Government shall

promptly pay to DOC the Grant amounts which it is able to collect.

(m) By not later than January 31 of each year following a calendar year until the full Match has been disbursed

to the Company, the Local Government shall submit to the DOC a report detailing Match payments made during the

calendar year just ended, together with a cumulative tally of all Match payments made through the end of that

calendar year. In addition, the Local Government shall report all other Local Government financial contributions

made for the Project. This is required in order to comply with N.C. Gen. Stat. §143B-437.07. Failure to timely file

this report will result in ineligibility for Grant payments.

III. GENERAL PROVISIONS

(a) The parties to this LGGA agree and understand that the payment of all sums specified in this

LGGA is dependent and contingent upon and subject to the appropriation, allocation, and availability of funds to

DOC for this purpose.

(b) Failure of DOC at any time to require performance of any term or provision of this LGGA shall in

no manner affect the rights of DOC at a later date to enforce the same or to enforce any future compliance with or

performance of any of the terms or provisions hereof. No waiver of DOC of any condition or the breach of any

term, provision or representation contained in this LGGA, whether by conduct or otherwise, in any one or more

instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or of the

breach of that or any other term, provision or representation.

(c) The recitals are an integral part of this LGGA.

(d) This LGGA constitutes a legally enforceable contract and shall be governed and construed in accordance

with the laws of the State of North Carolina. The parties agree and submit, solely for matters concerning this

LGGA, to the exclusive jurisdiction of the courts of North Carolina and agree, solely for such purpose, that the only

venue for any legal proceedings shall be Wake County, North Carolina. The place of this LGGA, and all

transactions and agreements relating to it, and their situs and forum, shall be Wake County, North Carolina, where

all matters, whether sounding in contract or tort, relating to its validity, construction, interpretation, and

enforcement, shall be determined.

(e) This Grant award shall terminate and be null and void on August 31, 2015 if by that date the

Local Government has not delivered back to the DOC, an original of this LGGA and of the CPA, duly

executed by an authorized official of the Local Government, and attested in the manner provided below,

together with a copy of the Local Incentive Agreement.

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Upon execution of this LGGA by DOC and the Local Government in the spaces below, the Local

Government hereby accepts the Grant on the terms of this LGGA, effective on the date indicated above, and further

certifies that the official signing below has been duly authorized by the Local Government’s governing body to

execute this LGGA.

North Carolina Department of Commerce

Date: By: ___________________________________________

John E. Skvarla III, Secretary

North Carolina Department of Commerce

County of Wake (Local Government)

Date: _____________ By: _______________________________________

(Official Seal) Name:____________________________

Title:_____________________________

Authorized Official

Date: ________________________

ATTEST:

__________________, Clerk

Settlement of 2014 Property Tax Collections by the Tax Collector, Charge of 2015 Tax Collections to the Tax Collector

Matt Calabria moved, seconded by Sig Hutchinson, to accept and approve the settlement of the tax collector, credits him for taxes collected for the preceding

fiscal year, credits him with releases duly allowed by the governing body for the preceding fiscal year, charges him with all collections for the current fiscal year

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and duly enters the settlement and charge into the minutes. The motion passed unanimously.

Regular Agenda

Interlocal Agreement Between Wake County Government and the Wake County Public School System for Providing Public Library Service at the

Athens Drive Community Library Mr. Mike Wasilick, Wake County Library Director, reviewed the request for an

ILA between the county and the Wake County Public School System for continued library service at Athens Drive High School.

Mr. Wasilick said at the July 6, 2015, Board of Commissioners’ meeting, staff presented an update on the Athens Drive Community Library and options for providing public library service for the citizens in the community. The Board of

Commissioners directed staff to renew efforts with the Wake County Public School System to find a mutually agreeable way to continue to provide public

library access at the Athens Drive High School location. County Manager Jim Hartmann and School Superintendent Dr. James Merrill

convened senior staff to work on an agreement. The object was to develop a plan that would allow the Athens Drive Community Library to better meet the

needs of the citizens in the community who use the library while ensuring the school remains a safe place for everyone. As a result of this committee’s work the staffs of Wake County and the Wake County Public School System were

successful in reaching an agreement, which is documented in the Interlocal Agreement and is being presented today for the Board of Commissioners consideration.

Key points in the Interlocal Agreement include:

Extending the operating hours of the library to better serve the patrons. Starting September 8, 2015 the public library will observe the following

schedule:

Monday-Friday 10:00 a.m. to 9 p.m. (the school will operate the library for students only from 7 a.m. to 10 a.m.)

Saturday from 10:00 a.m. to 6 p.m.

Mr. Wasilick said this new schedule will allow the library to serve the public an additional eight hours per week, increasing the total operating hours per week from 52 to 60. This expansion brings the library in line with all other

community libraries in the County. They are consistent with other community library hours.

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Mr. Wasilick said to accommodate the increased hours and additional programming, the County will be hiring a library manager, a librarian who

specializes in children’s programming and four part-time library assistants. These new employees will work for Wake County and will complement the staff

the school system provide to operate the library for students, teachers and faculty.

He said there would be an increase in the number of parking spaces designated for public library patrons from eight to 21 spaces.

Mr. Wasilick said that staff would move the book drop closer to the school entrance most accessible to the library. There would also be improved signage

on the Athens Drive High School campus. Both Wake County and Wake County Public School System staffs have jointly evaluated the campus and have identified where signs are needed to help guide people to the library more

easily. In all, General Services Administration staff will create and install about a dozen signs.

Mr. Wasilick said a security officer will be hired to monitor activity inside and directly outside the library. Wake County will pay for the security officer, but

the Wake County Public School System will manage him/her. Commissioner Ward asked about the kinds of signs that had been discussed

for the library. Mr. Wasilick said this will included designated parking signs, roadside signs and building signs to direct library patrons.

Commissioner Burns said one of the concerns brought forward by the public was the ease of access to the school halls. Mr. Wasilick said the security officer

will serve to monitor this, but staff is reviewing the issue for additional long-term solutions. Mr. Hartmann added that hallway doors at the library entrance would be closed except in between classes to offer additional security.

Commissioner Sullivan thanked Mr. Wasilick for staff's efforts in finding a

solution for the library. Commissioner Calabria also thanked county and school staff for the

collaborative efforts. He said this effort is a good example of the board being responsive to constituents concerns, thus preserving and enhancing library

services there. Commissioner Ward also thanked staff for their work in creating the ILA.

Commissioner Hutchinson said this is a great example of partnerships between community advocates and he hopes to see more examples of this work in the

future.

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Commissioner Holmes thanked the board, Mr. Hartmann and Community Services Director Frank Cope for their hard work. She added that the Athens

Drive Library will have an open house Grand Celebration September 12 in conjunction with Marbles Kids Museum starting at 10 am. She encouraged

board members to participate in this event. She said Vice-Chair Sullivan will speak at 11:00 am. Ms. Christine Kushner, Chair, Wake County Board of Education, will bring greetings at 3:00 pm.

Chairman West said that the board and staff has created a measured and appropriate response to this issue. There were multiple partners in the effort.

He said that responding in the appropriate measure has resulted in a positive situation.

Caroline Sullivan moved, seconded by Betty Lou Ward, to approve the

Interlocal Agreement between Wake County Government and the Wake County Public School System to provide public library service at the Athens Drive

Community Library subject to terms and conditions acceptable to the County Attorney. The motion passed unanimously.

Establish One Librarian II FTE, One Librarian I FTE and Two Librarian

Assistant FTE to Provide Public Library Service at the Athens Drive Community Library

Mr. Wasilick said the Interlocal Agreement between Wake County and the

Wake County Public School System to allow for the provision of public library service at the Athens Drive Community Library specifies that the County will

provide the staff that will serve the public. The staffing model that will be used for the Athens Drive Community Library is

the same model that the library system uses to staff small community branch libraries (5,000 square feet). While the Athens Drive Community Library is

10,000 square feet and has a larger book collection than would a small community branch, staff believes that using this staffing model is appropriate considering the volume of public patrons the branch is anticipated to have on

an annual basis. He said the staff requested includes a library manager, a librarian who specializes in children’s programming and four part-time library assistants. These new employees would work for the Wake County Public

Library System which will allow better coordination with the larger public library system in the providing of programming and services to the public.

Mr. Wasilick said the annual cost for these positions will be $189,000. The total operating cost of providing service at the Athens Drive Community Library

will be $274,000. The other significant funding component, other than the library staff, is the hiring of a School Resource Officer which will be approximately $46,000 annually. Additional costs include temporary page

funding, supplies and materials for expanded programming, staff training and

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database access. These costs will be absorbed by the Community Services Department by using $160,000 in funds already allocated for providing library

service at the Athens Drive Community Library as well as targeting Department savings in other targeted areas.

Commissioner Burns asked about the outcomes of the changes.

Mr. Wasilick said that staff will work together to evaluate the changes and will provide feedback to the board in the future. He thanked the library committee for working together to develop a resolution.

Betty Lou Ward moved, seconded by Caroline Sullivan, to establish one Librarian II FTE, one Librarian I FTE and two Librarian Assistant FTE to provide public library service at the Athens Drive Community Library. The

motion passed unanimously.

Award of Construction Contract for Renovations & Upgrades to Southeast

Regional Library Mr. Mark Forestieri, Facilities, Design and Construction Director, said in 2007, Wake County voters approved a referendum to sell bonds for construction of

six major library projects, and upgrades to seven existing library facilities. Four upgrade projects have previously been completed for existing libraries with these approved bond funds. Southeast Regional Library is the next facility

designated for renovations. Southeast Regional Library is a 22,000 square foot regional library, constructed in 1988. It is located within the Town of Garner

administrative complex at 908 Seventh Avenue. Due to the age of the facility, several upgrades are planned within this project, including life cycle replacements for floor and wall finishes furniture and shelving, boiler system

replacement and upgrades to restroom facilities to meet accessibility requirements. The scope of renovations will also include minor reconfigurations

of space to provide for better circulation, visibility and display shelving. On July 2, 2015, bid proposals were received from qualified general contractors

for this renovation project in accordance with NC General Statutes. The total contract award recommendation is $565,500. Staff recommends award of a construction contract to the lowest responsive, responsible bidder, Riley Lewis

General Contractors.

Mr. Forestieri said Southeast Regional Library will close in late fall, but without interruption to the public via the temporary space using the town of Garner’s latest schedule. The Town of Garner has offered the use of their existing Police

Station space for use as a temporary library while the library is closed for renovations. This space is located within the Town Administrative Complex immediately to the east of the library. The Town plans to vacate this building

once they move to their newly renovated Police Station scheduled to be

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completed mid-October which is five weeks later than originally scheduled. He said the delay should cause little or no impact with the contractor, pending

negotiations with the sub-contractors. He said if the schedule is delayed further, there could be potential impact to the project from sub-contractor

availability and material price cost. He said library renovations should occur around November 1.

Public Comments: No one came forward for public comment.

Approval of Funding Agreement with Alliance Behavioral Healthcare for UNC Health Care Behavioral Health Services at WakeBrook

Ms. Denise Foreman, Assistant to the County Manager reviewed the request for a second funding agreement between the county and Alliance Behavioral Health. She said the contract is $10.7 million for the two-year agreement. This

agreement includes operations of two facilities that include 16 beds for crisis patients; 16 beds for detox patients; 16 beds for an in-patient psych unit and

the addition of another 12 beds in 2016 after renovations are complete. Commissioner Ward asked about the chair/beds and whether they will provide

overnight stays for patients. Ms. Tammy Stanton, UNC Healthcare System Vice-President for Post-Acute and Psychiatry services, added that the short-term areas include recliner beds that can be converted. She added that they

recently were awarded a $1.5 million grant for primary care and preventative care.

Commissioner Hutchinson asked for explanation of the grant.

Ms. Stanton said the grant is $400,000 for four years to help with primary care. Preventive medicine and the dental clinic will receive funding, and there will be a peer support specialist to assist with crisis assessment. She added

that recent Medicaid is being applied to new expansions and upgrades. With prudent spending, this funding of around $40 million should last around six

years. Vice-Chair Sullivan asked about the rate and length of funding received. Ms.

Stanton said the funding was received from UNC for $40 million. She said the funding is expected to last six more years.

Chairman West asked for details on walk-in crisis service. Ms. Stanton said emergency responders or family can bring patients in as walk-ins. She said

walk-in services is a challenge because the area is currently at 144 percent capacity. She said Alliance strives to treat patients there and not send them to emergency rooms, which would be a secondary response. Vice-Chair Sullivan

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said that there is $11 million for crisis and assessment. There is a provision in the state budget to eliminate funding to this issue which would negatively

impact Wake County.

Sig Hutchinson moved, seconded by Caroline Sullivan, to authorize the County Manager to enter into a two-year funding agreement with Alliance Behavioral

Healthcare that provides funding for behavioral health services with UNC Health Care subject to terms and conditions acceptable to the County Attorney.

The motion passed unanimously.

Other Items

Committee Reports

Other Business

Closed Session County Attorney, Scott Warren said there is a need for a closed session

pursuant to N.C. G.S. 143-318.11 (a) (3) to consult with the County Attorney in order to preserve the attorney client privilege between this board and the County Attorney.

The Chairman said no action was taken during closed session.

Adjourn Sig Hutchinson moved, seconded by Caroline Sullivan, to adjourn the meeting.

The motion passed unanimously.

Respectfully submitted,

Denise M. Hogan, NCCCC Clerk to the Board

Wake County Board of Commissioners