Wake attorney: Gardner didn't break law

Wake County Attorney Scott Warren said in a letter released Friday that he does not think Commissioner Kenn Gardner broke state law when he sought public aid for a private Cary pool foundation that would later pay him $244,355 in design fees.

In 2004, when he was chairman of the commissioners, Gardner pitched a proposal to buy up to $1 million in land from the Triangle Aquatic Center through the county's Open Space, Parks and Recreation Advisory Committee, which the commissioners appoint.

That proposal fizzled when Cary leaders, who favored a competing project, declined to back the deal.

Gardner, a Republican who works as an architect, has insisted that he was not acting as an elected official when he sought help for the nonprofit pool, but only as an interested "swim parent."

Last week, an attorney for Triangle Aquatic, which is suing Gardner over accusations of shoddy design and overbilling, sent a request to the county attorney's office seeking a copy of any review of the commissioners potential conflict of interest.

Warren provided the relevant meeting minutes and said he would investigate further only if told to by the commissioners.

The county attorney added that he did not think Gardner violated a state statute that bars elected officials from influencing or seeking to influence government contracts in which they have a financial interest because the commissioner was ultimately unsuccessful in his efforts to steer public support to the private pool.

"Wake County has had never been in a contractual relationship, and no public monies had flowed from the county to TAC," Warren concluded.

NAMING NORWALK: After an article on Gardner was printed this week, a representative of the campaign of Stan Norwalk, the Democrat challenging the commissioner on the November ballot, sent an e-mail message to the reporter who wrote the story.

"These stories on his [Gardner's] conflict of interest are outside of the campaign and about his public service, so I don't feel you need to get a quote from Stan, but would request that if you mention Kenn is running for reelection in the story, that you at least name his opponent," wrote Perry Woods, a local Democratic operative.

Perry, here's some advice from Tripol: When fate hands your candidate a gift, don't complain about the color of the wrapping paper.

OH BROTHER: Developers of the 300 East Main Street project in Carrboro were asking for a vote Tuesday night.

Alderwoman Joal Hall Broun said she'd been on the town board nine years, long enough for son Harrison to go from infancy to soccer practice. She said she'd seen a lot of projects in that time, and she wanted to vote on this one soon.

Alderwoman Jacquie Gist said she needed more time -- a little, not a lot.

"Harrison might have a few more practices," she said. "He's not going to have a little brother."

Oh no, Broun said. "He's NOT going to have a little brother!"

POLITICAL TRAIL

THE ORANGE COUNTY DEMOCRATIC WOMEN will hold its monthly general meeting from 7 to 9 p.m. Thursday at the Chapel Hill Library, 100 Library Drive. An Obama campaign representative will provide an update. The public is invited to attend. Call Anne Thomas at 929-0547.

DURHAM COUNTY RIVALS for two General Assembly seats meet in a public forum Tuesday night.

Incumbent Democrat Larry Hall and Justin Lallinger, his Libertarian challenger in House District 29, appear in an event sponsored by the Triangle Green Party; also appearing are rivals for the Senate District 20 seat: incumbent Democrat Floyd McKissick, Republican Kenneth Chandler and Libertarian David Rollins.

The forum will be held at 6 p.m at the Stanford L. Warren Library, 1201 Fayetteville St.

WAKEUP WAKE COUNTY will hold its annual meeting at 7 p.m. Oct. 2 in the Fletcher auditorium at the Progress Energy Center for the Performing Arts. The main event will be a forum on how local and state elections will affect growth in the region.

Speakers will include Chris Fitzsimon of N.C. Policy Watch and John Hood of the John Locke Foundation.

WakeUP Wake County is a nonpartisan nonprofit group working to educate the public and policymakers about growth-related issues in Wake and the Triangle.