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    Minutes of 11-15-04 Board of Commissioners' Meeting (adopted)
WAKE COUNTY BOARD OF COMMISSIONERS
MINUTES
November 15, 2004

The Wake County Board of Commissioners met in regular session Monday, November 15, 2004, at 2:00 p.m. in the Commissioners' Meeting
Room, 7th Floor, Wake County Courthouse, Raleigh, North Carolina. Members present were Commissioners Joe Bryan, Herbert H. Council, Tony Gurley, Phil Jeffreys, Betty Lou Ward, Harold H. Webb and Chairman Kenneth M. Gardner.

Others attending were the County Manager, Mr. David C. Cooke; the County Attorney, Mr. Michael R. Ferrell; and the Clerk to the Board, Mrs. Gwendolyn I. Reynolds.

Chairman Gardner called the meeting to order.

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PLEDGE OF ALLEGIANCE
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INVOCATION
Commissioner Gurley offered the invocation.
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APPROVAL OF AGENDA

Upon motion of Commissioner Council, seconded by Commissioner Ward the Board unanimously approved the agenda with the following additions: 1) Recognition of Wake County citizens receiving the Governor’s Award for Outstanding Volunteer Service, and 2) Joint County-Schools Resolution re education funding.
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APPROVAL OF MINUTES

Upon motion of Commissioner Ward, seconded by Commissioner Bryan, the Board unanimously approved the minutes of November 1, 2004.
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STATE OF THE COUNTY

Chairman Gardner presented the “State of the County” address reflecting on what has been accomplished during the past year and the challenges ahead. His address highlighted the County’s environmental initiatives, regional partnerships, public safety, education, awareness of volunteers and foster care in our community. Tribute was paid to the memory of Deputy Mark Tucker, Former Commissioner Larry Zieverink, and former Public Safety Director Jimmie Holland for their outstanding service to the community. He also expressed appreciation to his fellow Commissioners and County employees for their service during the past year.

Following his address, the Chairman announced that the County’s Annual Report to the People would be distributed this week further outlining the work of the Board during the past year.

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CUSTOMER SERVICE RECOGNITION

Every quarter County employees are recognized for providing outstanding customer service to citizens and visitors to Wake County. These employees may be nominated by a co-worker, customer or supervisor.

County Manager David Cooke was called on to recognize and to make presentations to the following employees:

The Commissioners commended and congratulated each of the employees on their good work and on receiving the Caring, Serving and Respecting Customers Service Award.
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RECOGNITION OF COMMUNITY VOLUNTEER

Two years ago Mr. Tony Bosco partnered with Wake County Human Services to coordinate a massive “food drop” benefiting low-income Wake County households. Mr. Bosco has continued his work since that time with a new project scheduled for November 13, 2004, with a goal to feed 1,000 households in Wake County.

Mr. Bosco made brief remarks about the work of his organization, M25 (Matthew 25) Foundation, indicating that his upcoming food drop will mark the eighth drop in Wake County. Human Services Director Maria Spaulding also made brief remarks.

On behalf of the Board of Commissioners, Chairman Gardner presented Mr. Bosco with a plaque of recognition and appreciation for his leadership and service to Wake County.
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RECOGNITION OF SHAW UNIVERSITY FOOTBALL TEAM

The Shaw University Football Team won the 2004 Central Intercollegiate Athletic Association Championship by defeating the Fayetteville State Bronco’s.

Chairman Gardner called on Commissioner Webb to make a presentation. Commissioner Webb then asked that Team members, Coach Clark, and other Shaw University representatives to come forward for introductions. Following the introductions and remarks, Commissioner Webb read aloud a resolution honoring the Shaw University Football Team, the 2004 CIAA Champions, and by general consensus, the Board adopted the resolution as read.

RESOLUTION
HONORING THE SHAW UNIVERSITY FOOTBALL TEAM
THE SHAW BEARS - 2004 CIAA CHAMPION
WHEREAS, the student athletes on the Football Team at Shaw University won the 2004 Central Intercollegiate Athletic Association Championship
by defeating The Fayetteville State University Bronco's with a score of 10-7; and

WHEREAS, this is the first Conference Championship for the Football Team at Shaw University since 1947 - fifty-seven years ago; and

WHEREAS, the Shaw University Football Program was resurrected in 2002, and winning this championship demonstrates the highest level of
commitment and team play; and

WHEREAS, Coach Deondri Clark, in his second year as Head Football Coach at Shaw University, was named the 2004 CIAA Coach of the Year;
and

WHEREAS, Shaw University student athlete Damon Harrison was named the Bears' Player of the Game, and seven members of the Football
Team were named to the 2004 All CIAA Football Team; and

WHEREAS, such recognition reflects positively on Shaw University and our community.

NOW, THEREFORE, BE IT RESOLVED that the Wake County Board of Commissioners hereby congratulates Coach Clark and the members of
the Shaw University Football Team for an outstanding season and for bringing the 2004 CIAA Championship to the City of Raleigh and the County
of Wake, North Carolina.

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RECOGNITION OF WAKE COUNTY WINNERS OF
GOVERNOR’S OUTSTANDING VOLUNTEER SERVICE AWARDS

Chairman Gardner read aloud the names of those persons/agencies from Wake County recognized by the Governor for outstanding volunteer service and requested that their names be entered into the record. The Chairman noted that these persons were recognized earlier this year by Wake County and he expressed appreciation for their work in the Wake County community:
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TOWN OF FUQUAY-VARINA AMENDMENT TO GRANT APPLICATION REQUEST

At the January 20, 2004 Board of Commissioners’ meeting, the Board approved a grant request from the Town of Fuquay-Varina to complete the construction of Honeycutt Road Park. Funding totaling $350,000 was approved for Honeycutt Park as one of six projects funded from the County’s share of the Occupancy and Prepared Food/Beverage Taxes.

The Town of Fuquay-Varina has requested a change to the site master plan at Honeycutt Road Park from a lighted baseball field to a lighted soccer field based on the changes in the Town’s recreational needs.

County staff has reviewed the request and recommend approval of the amendment.
Upon motion of Commissioner Jeffreys, seconded by Commissioner Gurley, the Board unanimously approved the request from the Town of Fuquay-Varina changing the Honeycutt Road Park from a lighted baseball field to a lighted soccer field.

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BUDGET AMENDMENT
THE WORKFORCE DEVELOPMENT PROJECT ORDINANCE

The Wake and Johnston County Boards of Commissioners created the Capital Area Workforce Development Consortium in 1982. The
Consortium’s Workforce Development Board is a private sector-led board in partnership with local government, which provides direction and
oversight of workforce development activities for Wake and Johnston counties and administers federal and state workforce funds. The state and
federal government provide funds for all projects.

The Capital Area Workforce Development Consortium is requesting the incorporation of the following funding authorizations to the Workforce Development Ordinance totaling $2,782,526:
Upon motion of Commissioner Webb, seconded by Commissioner Gurley, the Board unanimously approved the acceptance of Workforce Development funding in the amount of $2,851,406 to the Workforce Development Project Ordinance with the appropriate budget revisions to increase appropriations in the Workforce Development Special Revenue Fund.
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INTERLOCAL AGREEMENT
BETWEEN WAKE COUNTY AND THE CITY OF RALEIGH
FOR PARTICIPATION IN FUNDING THE CAPITAL AREA METROPOLITAN
PLANNING ORGANIZATION

The City of Raleigh is designated as the lead planning agency for CAMPO and as such is the designated recipient of federal transit funds for the area. Funding from the federal government requires a 20 percent match. Up to the present, the City of Raleigh has been the sole participant in the local funding match. In March of 2004, the Transportation Advisory Committee of the organization recommended a cost-sharing arrangement, whereby the towns and the County participate in a pro-rata funding of the local match. Each jurisdiction would share in the local match based on its population.

The total local match for fiscal year 2005 is $301,688. Wake County’s unincorporated population is approximately 24 percent of the total County population. The County’s funding participation for fiscal year 2005 is $36,677 and has been allocated in the current budget for fiscal year 2005.

Upon motion of Commissioner Bryan, seconded by Commissioner Council, the Board unanimously approved an interlocal agreement between Wake County and the City of Raleigh to support the activities of the regional transportation planning organization.

AGREEMENT BETWEEN THE CITY OF RALEIGH,
A MUNICIPAL CORPORATION
EXISTING UNDER THE LAWS OF THE STATE OF NORTH CAROLINA,
(HEREINAFTER REFERRED TO AS 'RALEIGH"), AND THE COUNTY OF
WAKE, A POLITICAL SUBDIVISION OF THE STATE OF NORTH
CAROLINA (HEREINAFTER REFERRED TO AS "COUNTY"), FOR
MONETARY PARTICIPATION IN FUNDING THE LOCAL PORTION OF
THE NORTH CAROLINA CAPITAL AREA METROPOLITAN PLANNING
ORGANIZATION WORK PROGRAM.

1. The purpose of this Agreement shall be to set forth the requirements concerning the monetary participation of all member governments of the North Carolina Capital Area Metropolitan Planning Organization (hereinafter referred to as the "MPO") required to be paid by COUNTY to RALEIGH, as the current host government for the Capital Area MPO Lead Planning Agency, for the effective continuation of the MPO. This Agreement shall implement as between the parties, the current approved Unified Planning Work Program (UPWP) for fulfilling the responsibilities of carrying out the continuing, cooperative, and comprehensive ("3-C") transportation planning process for the MPO. The current UPWP is referenced in Attachment A of this Agreement. Furthermore, this Agreement shall be effective for future approved UPWPs, unless terminated by either party as hereinafter set forth.

2. Based upon a current UPWP approved by the Capital Area MPO, RALEIGH, acting in its capacity as Lead Planning Agency (LPA), will apply to the North Carolina Department of Transportation (NCDOT), and the Federal Highway Administration (FHWA) for North Carolina state matching funds, and for federal transportation planning funds under Section 104(f), Title 23 U.S. Code , respectively (such funds being hereinafter referred to as the "Transportation Funds"), for the efficient continuation of the MPO.

3. At the meeting on March 17, 2004, the MPO Transportation Advisory Committee (TAC) voted unanimously to agree that each member government of the MPO should participate in funding the cost of the MPO work program not covered by federal or state transportation funds, including but not limited to the typically required 20% local funding match for transportation planning funding grants.

4. As approved by the TAC, the amount to be paid per fiscal year by COUNTY will be determined on a pro rata share basis utilizing the North Carolina Office of State Planning most currently certified population estimates for the MPO's member governments the basis for determining the amount of funds to be paid.

5. RALEIGH will invoice COUNTY by December 1 of each fiscal year (beginning July and COUNTY will make payment by February 1 of the same fiscal year; the first fiscal year will be FY 2005 with the amount to be paid by COUNTY to be 50% of the amount determined by using the pro rata share formula; beginning with FY 2006, 100% of the pro rata share for COUNTY will be invoiced by RALEIGH and the 100% share will be paid by COUNTY to RALEIGH each fiscal year for the remainder of the term of this Agreement.

6. RALEIGH agrees to perform or cause to be performed the tasks set forth in the UPWP for the Capital Area MPO. Said tasks shall be performed in conformity with the provisions of this Agreement and with all applicable Federal or State laws, regulations, rules, procedures, plans or directives.

7. RALEIGH shall adhere to the standards established by the Office of Management and Budget Circular A- 102 dated August 24, 1977, and additions or amendments thereto for Uniform Administrative Requirements for Grants-in-Aid to state and local governments.

8. This Agreement shall be effective immediately upon its final adoption and Execution by the parties the performance of tasks under the UPWP as reflected by Attachment A, and any additions or amendments thereto. This Agreement may be terminated by either party upon sixty (60) days advance written notice to the other party.

9. This Agreement may be amended by mutual consent of the parties involved.

9. This Agreement may be amended by mutual consent of the parties involved.

10. The respective managers of the municipalities shall designate the personnel necessary to carry out each party's respective obligations under this contract.

IN WITNESS WHEREOF, this Agreement has been duly and validly approved, authorized and executed by TOWN/CITY/COUNTY and the City of Raleigh as evidenced by the attached certified copy of resolution, ordinance, or charter provisions, as the case may be, as on this ___ day of______, 2004.

CITY OF RALEIGH

By:._____________________________
J. Russell Alien, City Manager ATTEST: _______________________
Gail Smith, City Clerk
COUNTY OP WAKE

By: _____________________________
David C. Cooke, County Manager

ATTEST:

By: _____________________________
Gwen Reynolds, Clerk to the Board

ATTACHMENT A

The Unified Planning Work Program (UPWP) consolidates transportation planning and related support activities for the North Carolina Capital Area Metropolitan Planning Organization (CAMPO). It provides a workable annual framework to achieve the maximum coordination of the cooperative, comprehensive, and continuing transportation planning process. Copies of the most current UPWP are available at the City of Raleigh - CAMPO, or at the Town of Apex, Town of Cary, Town of Fuquay-Varina, Town of Garner, Town of Holly Springs, Town of Knightdale, Town of Morrisville, Town of Wake Forest, Town of Rolesville, Town of Zebulon, Town of Wendell, and Wake County Planning Department.
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FUNDING REQUEST FROM EXPLORIS

The County has received a request from the Exploris Board of Directors to provide the remaining County funding, either in part or in total. The Exploris Board of Directors is pursuing the implementation of the plan they presented to the Board of Commissioners September 20, 2004. To date the County has appropriated $811,250 to Exploris. The budget includes an additional unallocated amount of $543,750.

Chairman Gardner recognized Mr. Bill Johnson, Chairman of the Exploris Board of Directors. Mr. Johnson reported on the status of the plan, the four priorities presented to the Board of Commissioners in September and officially requested the remainder of the funding for the year:

1. Increase visitation and enhance exhibits
2. Diversify sources of public funding
3. Retirement of debt
4. Explore potential of incorporating library into Exploris

Commissioner Council moved that the Board of Commissioners provide the additional unallocated amount of $543,750 to Exploris. The motion was seconded by Commissioner Webb.

Following much discussion, Chairman Gardner called for the vote. Upon vote, by a show of hands, the motion passed with Commissioners Council, Gardner, Ward and Webb voting aye; and Commissioners Bryan, Gurley and Jeffreys voting nay.

The Board then discussed the proposal and motion offered by Chairman Gardner, that the Board of Commissioners form a task force and that Commissioner Bryan be asked to chair the task force with the charge to come back to this Board at our next meeting with a list of approximately ten names from the business community as well as others who are willing to serve on this task force, to evaluate the use and utilization of this building (Exploris); that community leaders, the architectural community and organizations interested in the use of Exploris be engaged to make that evaluation, and that the work of the Task Force will be complete by April as the Commissioners move into the budget process. The motion was seconded by Commissioner Council.

There was also much discussion about moving forward with the task force while the Exploris Board as looking at carrying out its plan as presented to the Commissioners in September. Mr. Johnson reported that the Exploris Board had developed a survey instrument and focus type group and public meetings to start in November, however survey experts have advised that the group start after the holiday season.
continues to work at implementing its plan.

In order to give the Commissioners more time to consider the proposed work of the task force, Chairman Gardner withdrew the motion.
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PUBLIC COMMENT

The Board of Commissioners desires to hear from the public about the services and operation of Wake County Government. It is for that purpose
that a time certain (3:00 p.m.) has been set aside for public comment.

There were no requests to appear before the Board at this time, and Chairman Gardner declared the public comment portion of the meeting
closed.
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PRESENTATION ON IMPERVIOUS SURFACE LIMITS
FOR RESIDENTIAL USES IN WATERSHED DISTRICTS

Chairman Gardner recognized Mr. John Grace of the Watershed Protection Council, to present a report on “Impervious Surface ‘Creep’ in the
Watersheds.” Mr. Grace began his presentation by stating that low impervious surface is the most important factor for protecting the County’s water supply watersheds. He then outlined the purpose, methodology and findings of his study.

The County ordinances contain zoning-specific impervious surface limits for all nonresidential uses under the County’s jurisdiction, however, there
are no zoning-specific limits set for residential uses. All homes in Wake County’s jurisdiction are subject to a default impervious surface limit that
is the same for all zoning districts. That limit used to be 30 percent but was reduced to 15 percent in 2001 under the Neuse River rules.

Mr. Grace also noted that as currently drafted, the Unified Development Ordinance makes no changes in the residential impervious surface in the
watersheds, but the issue is on the table.

The Watershed Protection Council proposes to the Board of Commissioners that district-specific impervious surface limits be set for residential
uses in watershed districts.

Following the presentation, by general consensus, the Board referred the request to the County Manager for further study by the appropriate
committee(s) and recommendation to the Board of Commissioners, and that Mr. Grace be asked to join the committee(s) in the review process of
the request.
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PUBLIC HEARING
EXTENSION OF UTILITIES FOR
CREDIT SUISSE FIRST BOSTON GLOBAL BUSINESS CENTER
RESEARCH TRIANGLE PARK

Chairman Gardner announced a public hearing to consider the extension of utilities for Credit Suisse First Boston Global Business Center in the Research Triangle Park, duly advertised as provided by statute for Monday, November 15, 2004, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.

The County Manager was recognized for introductory remarks. He stated that pursuant to State law, counties are authorized to expend funds for purposes of locating industrial and commercial facilities in the County. A County may undertake specific economic development activities such as the construction or extension of utilities or providing assistance in the extension of utility services for industrial facilities. All such expenditures shall be approved by the County and accounted for by the agency or organization receiving the funds. All utilities funded by the County shall be constructed within dedicated public easements.

In accordance with the Memorandum of Agreement between Wake County, Town of Cary and Research Triangle Foundation, the County has the responsibility of constructing or funding off-site water and sewer lines to the property line of each individual site in RTP as they are developed. The Wake County Water and Sewer Funding Policy specifically provides for assistance with the construction of on-site water and sewer lines in RTP.

Credit Suisse First Boston is requesting that the Board of Commissioners consider providing up to $600,000 for on-site water and sewer lines to serve a new Global Business Center. The completion and staffing of this new facility will create over 400 new jobs. Construction costs are estimated to be more than $100 million and funding is available in the Water and Sewer Capital Improvement Fund for the extension of on-site utilities. Prior to approving any expenditures, the Board of Commissioners must hold a public hearing.

The factual situation having been presented, Chairman Gardner announced that anyone desiring to comment in support of the extension of utilities would be heard at this time. No one requested to be heard.

The Chairman then announced that those persons desiring to comment in opposition to the request would be heard. No one requested to be heard.

Thereafter, Chairman Gardner declared the hearing closed and invited action by the Board.

Upon motion of Commissioner Ward, seconded by Commissioner Webb, the Board unanimously approved funds in the amount not-to-exceed $600,000 for Credit Suisse First Boston to construct on-site water and sewer lines to serve the new Global Business Center in Research Triangle Park.
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CONSIDERATION OF INCENTIVES TO CREDIT
SUISSE FIRST BOSTON AS INDUCEMENT TO LOCATE
A GLOBAL BUSINESS CENTER IN WAKE COUNTY

Credit Suisse First Boston has entered into agreements with the State of North Carolina for the payment of Job Development Investment Grant
funds and a One North Carolina Fund grant as inducement to locate a global business center in the Wake County portion of the Research Triangle Park. The Facility will result in a capital investment of approximately $120 million and in the creation of at least 400 jobs. The County has been asked to participate in the payment of grant funds to the Company. The proposed grant would provide that the County would pay to the Company a total of 2.25% of the assessed value of real estate improvements and personal property added to the County’s tax base as a result of the project. The payments would be made over a period of up to eight years and in no event would an annual payment exceed the amount of property taxes paid by the company in that year.

The Board was provided a copy of the job creation and investment performance criteria which the Company must meet in order to receive the grant payments.

Upon motion of Commissioner Bryan, seconded by Commissioner Council, the Board unanimously approved contracts awarding grant incentives to Credit Suisse First Boston.
GRANT AGREEMENT

This Grant Agreement (the "Agreement") is made and entered into as of the _______day of ____, 2004 by and between Credit Suisse First Boston (USA), Inc., a Delaware corporation, for the benefit of itself and one or more affiliates that may be organized or designated by it to own or operate the Project (as hereinafter defined), (collectively, the "Company") and Wake County, North Carolina, a body politic and corporate and political subdivision of the State (the "County"). The County and the Company may from time to time hereinafter be referred to individually as a "Party and collectively as the "Parties."

WITNESSETH:

WHEREAS, the "Local Development Act of 1925", as amended, (Article 1, Chapter 158 of North Carolina General Statutes) grants counties the authority to make appropriations for the purposes of aiding and encouraging the location/expansion of certain business enterprises in the county or for other purposes which the county's governing body finds, in its discretion, will increase the population, taxable property base and business prospects of the county; and

WHEREAS, N.C.G.S. 158-7.1(b) lists specific economic development activities which a county may undertake, which list is not exclusive; and

WHEREAS, the Company contemplates purchasing certain real estate consisting of approximately 80 acres and located within the Research Triangle Park in the County; and

WHEREAS, the Company will construct facilities at said location (the "Facilities") which will require site improvements, construction of buildings, and installation of machinery and equipment to accommodate the Company's operations; and

WHEREAS, the Board of Commissioners of the County has determined, following a public hearing on November 15, 2004 that the proposed activity by the Company will tend to increase the population, taxable property base and business prospects of the County, and will encourage the Company to locate in the area, and that it is in the public interest to provide assistance, as authorized by N.C.G.S. 158-7.1; and

WHEREAS, the grant payments by the County will allow Company to qualify for matching funds from the State of North Carolina as part of the One North Carolina Fund; and

WHEREAS, the County is entering this Agreement based on the Company's ability to qualify for matching funds from the State of North Carolina as part of the One North Carolina Fund; and

WHEREAS, the grant payments will assist the Company in qualifying for funds from the State of North Carolina as part of the One North Carolina Fund; and

WHEREAS, the County Board of Commissioners finds that the consideration the County will receive, based on prospective tax revenues to be generated over an eight year period (commencing with the 2007 fiscal year) will exceed the amount of the grant offered herein; and

WHEREAS, N.C.G.S. 153A-449 authorizes the County to contract with and appropriate money to any person, association, or Company in order to carry out the public purpose that the County is authorized by law to engage in.

NOW, THEREFORE, in consideration of the promises and other considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1. Real Estate Purchase, Construction, and Machinery and Equipment Acquisition. The Company shall produce deed, title and/or other legal instruments showing proof of ownership of the Facilities; documentation for improvements which have been made to the real estate; and, receipts showing proof of acquisitions of machinery and equipment for the Facilities, for the purpose of operating a global business service center. Such premises to be improved in accordance with the following:


2. Performance By Company. This Agreement and the expenditure of County funds is expressly contingent upon Company achieving certain performance requirements and within the time period set forth herein. These requirements are set out below.

a. Investment in Real Estate Improvements and Equipment.
Investments for the improvements to the real estate and acquisitions for machinery and equipment shall total at least $100,000,000 and shall have occurred on or before December 31, 2007.

b. Employment. The Company shall provide the number of jobs and at the average annual salaries in accordance with the criteria set forth in
Sections 1.2 and 1.3 of the "One North Carolina Company Performance Agreement" entered into between the Parties and dated effective as
of October 20, 2004.

c. Use. The improvements shall be made to accommodate the intended purpose as follows: global business center.

d. Payment of Taxes by Company. The County must receive confirmation from the Wake County Tax Assessor's Office that the Company
has paid, in full, its annual taxes based on the increased value resulting from the new capital investment.

3. Documentation from the Company. In connection with each request for reimbursement, the Company shall deliver to the County's Finance Director a performance letter certifying that (1) it has undertaken the acts enumerated in Section 2 for the applicable phase; (2) it has completed the improvements described in Section 2 for the applicable phase; and (3) that at the date of the letter, the Facilities have been substantially completed, a Certificate of Compliance has been issued therefore, and are in operation with no reduction in the number of new positions, wages, and benefits as set forth in Section 2. If the Company does not meet all of the conditions required to be certified in the performance letter, it shall qualify for no reimbursement for that year. Upon the request of the County's Finance Director, the Company shall present to the County such evidence as may be reasonably requested to confirm the facts in the performance letter, especially those relating to employment. To the full extent allowed by law, such requested evidence shall be kept confidential and shall remain the property of the Company to be returned after the County's review.

It is agreed that the County, through its auditors, shall have the right upon reasonable notice and during normal business hours, to inspect, audit, examine and copy Company records pertaining to capital expenditures made in respect of the Facilities and the wages paid to Company's employees. All records revealed by the Company to the County's internal or external auditors shall remain confidential and may be used by the County only for audit purposes to the full extent allowed by law.

The County acknowledges that some or all of the information made available by the Company to the County pursuant to this section may be considered "Trade Secrets" pursuant to North Carolina General Statutes 132-1.2 and that any such information is proprietary. All information made available to the County pursuant to this section is hereby expressly designated as confidential and as a trade secret, regardless of whether such information is stamped, labeled or declared to be so at the time of disclosure to the County, unless the Company specifically waives confidentiality for such information at the time of disclosure. The County, to the extent allowed by State law, will hold such information as confidential. The County shall, if it receives a request for disclosure of any such information, notify the Company of such request so that the Company may defend any claims or disputes arising from efforts of others to cause such trade secrets to be disclosed as a public record. The Company shall have the right to direct any litigation of such dispute and shall indemnify the County for any legal fees and expenses incurred by the County in opposing such request for disclosure.

4. Payment of Grant.

a. The County agrees to partially reimburse the Company for the costs of these improvements, capital expenditures and provide an incentive to the Company for creating jobs within the County. A cash grant will be paid to the Company for the above-described costs in an amount equal to a percentage of the taxable property base of the personal property and improvements to real property of the Facilities as determined by the Wake County Tax Assessor as more specifically set forth in Section 4.c.

b. Once the Company has met the performance requirements set forth in Section 2 and has submitted the required documentation under
Section 2 and has submitted the required documentation under Section 3, it shall be eligible to receive the grant payments described herein.
The grant payments shall begin in 2008 provided that the taxable property base of the personal property and improvement to real property of the
Facilities as determined by the Wake County Tax Assessor exceeds 100,000,000 (exclusive of land value) as of January 1, 2007. (Otherwise,
the grant payments shall begin the year after the taxable property base of the personal property and improvement to real property of the
Facilities as determined by the Wake County Tax Assessor first exceeds $100,000,000). The exact date of payment during the year shall be at
the discretion of the County but shall be made during the period of January 1 through March 31.

c. The amount of the grant payment to be paid by the County to the Company shall be 2.25% of the assessed value of improvements to real
property and personal property associated with the Facilities, paid over a period of eight years. In the first year the grant payment shall be
equal to .5% of the assessed value of the personal property and improvements to real property of the Facilities. Thereafter, for seven
consecutive years, the County shall pay an annual grant payment to the Company equal to .25% of the total amount of the assessed value
of the personal property and improvements to real property of the Facilities as of January 1 of the preceding calendar year. At its option the
Company may elect to receive a grant payment based on .5% of the assessed value of the Facilities in a year designated by the Company
that is subsequent to the first grant payment year, in no event shall the grant amount paid by the County in any year exceed the amount of
ad valorem taxes paid by the Company on the assessed value of the personal property and improvements to real property of the Facilities
in that calendar year.

5. One North Carolina Fund. This Agreement is expressly contingent on the Company's ability to qualify for matching funds from the State of North
Carolina as part of the One North Carolina Fund. The County has the right to withhold payment for any calendar year in which the Company does
not qualify for One North Carolina Fund monies.

6. Amendments to Agreement. This Agreement can be modified or amended only with the mutual written consent of both parties.

7. Parties. This Agreement shall be binding upon and shall inure to the benefit of the parties and their heirs and successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate.

8. Entire Agreement. This Agreement contains the entire agreement of the parties and there are no other representations, inducements, or other provisions other than those expressed in this writing. All changes, additions, or deletions hereto must be in writing and signed by all parties.
9. Laws of North Carolina To Control This Agreement. The parties agree that this Agreement is to be controlled by the laws of the State of North Carolina.

10. Attorneys Fees: Jurisdiction. In the event that either party seeks to enforce the provisions of this Agreement through legal action, the breaching party agrees to pay, in addition to any penalty payments, legal fees, including but not limited to reasonable attorney fees, filing fees, and other costs associated with litigation. Any controversy or claim arising out of this Agreement shall be settled by an action initiated in the appropriate division of the General Court of Justice in Wake County, North Carolina.

11. Termination. This Agreement shall terminate on the later of: (i) December 31, 2015 or (ii) December 31 of the last year in which the County makes grant payments to the Company hereunder.

12. Assignment. The Company may assign all or part of its rights and/or obligations under this Agreement to one or more affiliates designated by the Company.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be fully executed as of the date and year first above written.

WAKE COUNTY

BY:______________________________


Attest:

_________________________________


CREDIT SUISSE FIRST BOSTON
(USA), INC.

By: ____________________________

___________________________
COMPANY PERFORMANCE AGREEMENT

THE ONE NORTH CAROLINA FUND

STATE OF NORTH CAROLINA
PERFORMANCE AGREEMENT COUNTY OF WAKE

This Performance Agreement ("Agreement"), effective the 20th day of October, 2004, by and between Credit Suisse First Boston (USA), Inc., a Delaware corporation authorized to do business in North Carolina for the benefit of itself and one or more related members that may be organized or designated by it to own or operate the Project (as hereinafter defined) collectively, the "Company"), and County of Wake, North Carolina (the "Applicant");

WITNESSETH:

WHEREAS, the Applicant has applied for a One North Carolina Fund grant from the North Carolina Department of Commerce (the "DOC"); and


WHEREAS, a One North Carolina Fund grant award in the amount of Three Million Dollars ($3,000,000.00) (the "Grant") has been negotiated and agreed to by all parties; and

WHEREAS, the Grant award has been approved by DOC pursuant to a One North Carolina Fund Local Government Grant Agreement with the Applicant (the "LGGA"); and

WHEREAS, the Grant award is to be used by the Company toward the goal of creating 400 new jobs and at least $120 million in new investment in the State of North Carolina; and

WHEREAS, the Grant is necessary to enable the investment and job creation by the Company to occur and go forward in North Carolina;

WHEREAS, the Grant is issued pursuant to and subject to the purposes and terms of N.C. Gen. Stat. 143B-437.70 et seq. and the Program Guidelines;

NOW, THEREFORE, in consideration of the representations set forth above and the mutual covenants and promises set forth below, the Company and the Applicant hereby agree as follows:

1.0 PERFORMANCE CRITERIA

1.1 The Company agrees to make good faith efforts to undertake and operate in a timely manner the following project at the following location.

The establishment of a global business center facility (the Facility") to be located at or in the vicinity of the Cisco Systems campus in or near the Research Triangle Park in Wake County (the "Project").

1.2 The Company agrees to make good faith efforts to create and maintain as part of the Project 400 new permanent full-time jobs (the "New
Jobs") described in the Company Application. The 400 jobs are to be created by December 3 1 , 2007 (the "Grant Period"). The term "New Job"
as used in this Agreement means a job filled by full time employee who represents a net increase in the Company's employees in the State. A
full-time employee is a person who is employed by the Company for at least 35 hours per week and whose wages are subject to withholding.

The New Jobs will be new jobs and cannot be existing North Carolina positions or employees of the Company or any of its related members that
are transferred or shifted such that a previously existing North Carolina job, or a North Carolina job that was not previously part of the Project, is
counted towards performance under this Agreement.

1.3 The average weekly wage of the group of all permanent full-time jobs at the Facility, including the New Jobs, will exceed $1,107.00 per week.

1.4 The Company agrees to provide health insurance in at least the minimum amount required for eligibility for tax credits under the William S. Lee Act in G.S. 105-129.4(b2) as the Act existed on the date of this agreement.

1.5 The Company agrees to make good faith efforts to make a privately funded investment in real property and/or machinery and equipment as part
of the Project (the "Required Investment"), which will amount to at least $120 million by December 31, 2007.

1.6 The parties acknowledge and agree that the Company may perform some of its obligations under this Agreement acting through one or more
of its related members.

1.7 The proceeds of the Grant may be used only to offset statutorily qualifying expenses. Those expenses include installation or purchase of equipment; structural repairs, improvements, or renovations of existing buildings to be used for expansion; and construction of or improvements to new or existing water, sewer, gas or electric utility distribution lines, or equipment for existing buildings; as well as construction of or improvements to new or existing water, sewer, gas or electric utility distribution lines, or equipment to serve new or proposed industrial buildings used for manufacturing and industrial operations; or such other provisions as may be specified in statutory language authorizing the use of the funds.

1.8 Release of any Grant funds under this Agreement is contingent on the Company providing verification that the Project has received all of its required environmental permits.


2.0 DISBURSEMENT OF GRANT

2.1 Proceeds of the Grant in the amount of Three Million Dollars ($3,000,000.00) will be disbursed by DOC to the Applicant in four installments based on creation and maintenance of the New Jobs and satisfaction of other Performance Criteria set out in Section 1.0 above ("Performance Criteria"). Disbursement will occur on the following schedule and will be subject to any adjustments required by this Agreement:

a. The first twenty-five percent (25%) of the funds will be disbursed to the Applicant upon proof that the Company has created and retained not less than twenty-five percent (25%) (100) of the New Jobs, has made statutorily qualifying expenses in the amount to be disbursed, and has obtained all required environmental permits.

b. The second twenty-five percent (25%) of the funds will be disbursed to the Applicant upon proof that the Company has created and retained not less than fifty percent (50%) (200) of the New Jobs, and has made statutorily qualifying expenses in the amount to be disbursed,

c. The third twenty-five percent (25%) of the funds will be disbursed to the Applicant upon proof that the Company has created and retained not less than seventy-five percent (75%) (300) of the New Jobs, and has made statutorily qualifying expenses in the amount to be disbursed. d. The final twenty-five percent (25%) of the funds will be disbursed to the Applicant upon proof that the Company has created and retained eighty percent (80%) (320) of the New Jobs, has made seventy percent (70%) ($84,000,000) of the Required Investment, and has made statutorily qualifying expenses in the amount to be disbursed.

The Applicant will submit or cause to be submitted to DOC each application for an installment of funds upon proof of the creation of the New Jobs and the satisfaction of all other Performance Criteria necessary for disbursement. Following receipt of funds from DOC, the Applicant will disburse funds to the Company pursuant to the terms of this Agreement.

The Company may qualify for multiple installments on a single date. 2.2. DOC will close out the Grant on the first to occur of

(i) The date as of which DOC shall have received and accepted proof reasonably satisfactory to it that the Project has been completed and the Performance

Criteria satisfied.
(ii) December 31,2007.
("Closeout").
Following Closeout, to the extent any Grant proceeds may be due and upon the Applicant's request, a final payment of those funds will be disbursed. A request for final payment, if not made previously, must be made to DOC within 30 days following Closeout.


3.0 OBLIGATION TO REPAY DURING GRANT PERIOD

3.1 If, at any time during the Grant Period, the Company fails to provide health insurance in the amount required for eligibility for tax credits under the William S. Lee Act in G.S. 105-129.4(b2), the Company will be in default of this Agreement and will reimburse DOC the total amount of the Grant funds disbursed by DOC to the Applicant.


4.0 OBLIGATION TO REPAY AT CLOSEOUT

4.1 If, at Closeout, the average weekly wage of the group of all permanent full-time jobs at the Facility fails to exceed $1,107.00 per week, the Company will be in default of this Agreement, no final payment will be made and the Company will reimburse DOC the total amount of the Grant funds disbursed by DOC to the Applicant.


4.2 If, at Closeout, the Company fails to provide health insurance in the amount required for eligibility for tax credits under the William S. Lee Act in
G.S. 105-129.4(b2), the Company will be in default of this Agreement and the Company will reimburse DOC the total amount of the Grant funds
disbursed by DOC to the Applicant.


5.0 ADJUSTMENTS TO GRANT AT CLOSEOUT

5.1 If Closeout occurs on December 31, 2007 and the Company has failed to create and retain 80% of the New Jobs, has failed to make 70% of the Required Investment, or has failed to make statutorily qualifying expenses equal to 100% of the Grant, the amount of the Grant shall be reduced to the smallest of the following amounts ("the Adjusted Grant'):

Required Investment.

c. The amount of statutoriiy qualifying expenses that the Company has made.

5.2 To the extent the amount of the Adjusted Grant is less than the amount that has been previously disbursed to the Company, the Company shall
reimburse DOC for the difference between the Adjusted Grant and the amount previously disbursed.


6.0 OBLIGATIONS BEYOND CLOSEOUT

6.1 If Closeout occurs before December 31, 2007, the Company will maintain at least ninety percent (90%) of the number of permanent full-time
jobs in place at Closeout for five years after the date of Closeout.

6.2 If Closeout occurs on December 31,2007, the Company will maintain at least ninety percent (90%) of the number of permanent full-time jobs in place at Closeout until December 31, 2012.

6.3 If the Company fails to maintain al least ninety percent (90%) of the number of permanent full-time jobs in place at Closeout for the required
time period following the date of Closeout, the Company will be default of this Agreement and shall reimburse to DOC the total amount of the Grant
funds disbursed by DOC to the Applicant.


7.0 ADDITIONAL PROVISIONS

7.1 The Company will provide to DOC and the Applicant all documentation deemed necessary by DOC or the Applicant to verify creation and
retention of the jobs specified in this Agreement including, without limitation, copies of the N.C. Employment Security Commission worksite forms
described in the One North Carolina Fund Program Guidelines, an annual list of all positions used in the accounting for the Grant and the names of
the individuals filling those positions. The Company will also provide to DOC and the Applicant all documentation deemed necessary by DOC or
the Applicant to verify the salary levels, investments, statutorily qualifying expenses, environmental permits and other Performance Criteria
specified in this Agreement. The Company's compliance with the job creation and/or retention, investment, statutorily qualifying expense,
environmental permit and other Performance Criteria set out in this Agreement shall be attested to by an officer of the Company.

7.2 If unforeseen calamity, an Act of God, or financial disaster is the cause of the Company's failure to satisfy or perform its obligations under this
Agreement, the Company and the Applicant may request an extraordinary modification of this Agreement from the Secretary of DOC. The parties
agree that any decision to allow such modification shall be at the sole discretion of the Secretary of DOC and that the Secretary's decision
regarding any extraordinary modification shall be final and not subject to review or appeal.

7.3 Each party shall keep and maintain books, records, and other documents relating to the receipt and disbursement of Grant funds and fulfillment
of this Agreement, including, but not limited to, records to verify employment, salaries, investment amounts, statutorily qualifying expenses and
environmental permits.

If the Company fails to keep and maintain books and records necessary for verifying fulfillment of this Agreement, including, but not limited to,
adequate records for the verification of employment, salaries, investment amounts, statutorily qualifying expenses and environmental permits, the
Applicant or the Secretary of DOC may in its or his discretion declare this Agreement to be in default, withhold payments for or under this
Agreement or the LGGA, and/or require reimbursement of all or any portion of Grant funds previously paid.

Prior to taking such action, the Applicant or the Secretary of DOC will endeavor to communicate with the Company to discuss the circumstances and the actions being contemplated.

7.4 Subject to any applicable federal or North Carolina laws or regulations respecting employee privacy, each party agrees that any duly authorized representative of the Applicant or DOC shall, at all reasonable times and on reasonable notice, have access to and the right to inspect, copy, audit, and examine ail of the relevant books, records, and other documents relating to the Grant and the fulfillment of this Agreement throughout the Grant Period and for a period of six years thereafter.

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 Company shall clearly identify 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 the Applicant and DOC and their authorized representatives.

If the Company fails to provide such access and right of inspection the Applicant or the Secretary of DOC may exercise discretion to declare this Agreement in default, to withhold payments under this Agreement and/or require reimbursement of all or any portion of One North Carolina Fund Grant funds paid.

7.5 Notwithstanding anything herein to the contrary, the parties hereto acknowledge the due execution of the LGGA and agree that any conflict
between the provisions, requirements, duties, or obligations of this Agreement and the LGGA shall be resolved hi favor of the LGGA. The parties
further agree that any conflict between the provisions, requirements, duties, or obligations of this Agreement and any program documentation for
this Grant shall be resolved in favor of this Agreement.


7.6 The Company acknowledges that none of the North Carolina operations owned by the Company or a related entity shall be curtailed as a result
of the Grant.

7.7 The Company shall perform and abide by all commitments identified in its application to DOC ("Company Application). The Company's
commitments in the Company Application are incorporated herein by reference, as if set out in full. The parties agree that any conflict between the
provisions of this Agreement and any commitments made in the Company Application to DOC shall be resolved in favor of this Agreement.

7.8 The representations made by the Company in the Company Application to DOC or as part of the application process are incorporated herein
by reference and deemed by the parties to be material to this Agreement. The parties agree that any conflict between any representations
contained in this Agreement and those representations contained in the Company Application to DOC or made as part of the application process
shall be resolved in favor of this Agreement.

7.9 If the Company has an overdue tax debt owing to the State of North Carolina, as defined in N.C. Gen. Stat. 105-243.1, no payments will be
made under this Agreement or the LGGA until that tax debt has been satisfied.

If an overdue tax debt goes unsatisfied by the Company for more than one year, this Agreement may be declared in default and terminated at the direction of DOC.

7.10 The Applicant's obligation to make disbursements to the Company under this Agreement is contingent upon the Applicant's receipt under the LGGA of the necessary disbursements from DOC, which are, in turn, contingent on appropriation, allocation and availability of funds for the Grant to DOC.

7.11 This Agreement 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 Agreement, 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
Agreement, 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.

7.12 The parties agree that the State of North Carolina Department of Commerce is a third party beneficiary of this Agreement and may, at its
option, enforce the terms of this Agreement or appear as a party in any litigation concerning it.

7.13 Failure of the Applicant or DOC at any time to require performance of any term or provision of this Agreement shall in no manner affect the
rights of the Applicant or 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 the Applicant or DOC of any condition or the breach of any term, provision or representation contained in this
Agreement, 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 any other term, provision or representation.

IN WITNESS WHEREOF, the Company and the Applicant have executed this Agreement effective as of the day and year first written above.

COUNTY OF WAKE

By: _________________________________

Name:

Title:

Attest:

______________________________Clerk

CREDIT SUISSE FIRST BOSTON (USA), INC.

By: __________________________________

Name ________________________________

Title

Attest:

_____________________________Secretary

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PUBLIC HEARING
TO CONSIDER A REQUEST FOR GRAVE DISINTERMENT,
REMOVAL AND RE-INTERMENT

Chairman Gardner announced a public hearing to consider a request to disinter, remove and re-inter graves located in Wake County, duly
advertised as provided by statute for Monday, November 15, 2004, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North
Carolina.

Mr. Larry Morgan, Wake County Planning Department, was recognized for introductory comments. He stated that a request had been received
from Henry K. McNear for Waterford, LLC to remove approximately twenty non-maintained graves from a cemetery located on a 721-acre parcel
which is east of Stony Hill Road and north of NC 98. The cemetery is approximately 1,000 square feet in size, is located approximately 0.5 miles
southeast of the intersection of Keith Road and Stony Hill Road. The request is being made to allow for the realignment of Keith Road, which is
planned to extend through this cemetery as part of the proposed Hasentree Subdivision. The property lies within the Falls Lake Water Supply
Watershed critical area – R80W.

The North Carolina General Statutes require that the Wake County Board of Commissioners hold a public hearing when a grave(s) is to be moved
in Wake County by a party other than the next of kin. A 30-day written notice of intention shall be given to the next of kin of the deceased before the
dis-interment, relocation and re-interment of any grave(s) occurs. Notice shall be published at least once per week for four consecutive weeks in
a newspaper of general circulation within the county where the graves are located. Notice of the removal and re-interment of the graves must also
be posted on the property at least 30 days before the public hearing.

The petitioner intends to re-inter the remains within the Oakwood Cemetery, which is located on Oakwood Avenue in the City of Raleigh and is
approximately 22 miles from the existing site.

The factual situation having been presented, Chairman Gardner declared the public hearing open and asked that those persons desiring to
comment in support of the request to come forward at this time.

The Chairman then called for those opposing the request to be heard at this time. No one requested to be heard.

Chairman Gardner declared the public hearing closed and called for the recommendation of the Planning staff

Mr. Morgan reported that the Planning staff had reviewed the request and recommend that the Board of Commissioners grant the request.

Chairman Gardner then called for action by the Board.

Upon motion of Commissioner Ward, seconded by Commissioner Webb, the Board unanimously approved the request for the disinterment, removal, and re-interment of approximately twenty graves within a cemetery located southeast of the intersection of Keith Road and Stony Hill Road, Wake County, North Carolina.

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PUBLIC HEARING
PETITION ZP-844-04: PROPOSAL TO REZONE
3.0 ACRES OF A 3.6-ACRE PARCEL FROM RESIDENTIAL-40 WATERSHED
(FALLS LAKE (R-40W) AND SPECIAL HIGHWAY OVERLAY DISTRICT (SHOD)
TO CONDITIONAL USE-HIGHWAY DISTRICT ICU-HD) AND
SPECIAL HIGHWAY OVERLAY DISTRICT

Chairman Gardner announced a public hearing to consider a proposal to rezone 3.0 acres of a 3.6 acre parcel from R-40 Watershed and Special Highway Overlay District, to Conditional Use Highway District and Special Highway Overlay District, duly advertised as provided by statute for Monday, November 15, 2004, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.

Ms. Melanie Wilson, Wake County Planning Director, was recognized to give the introduction to the hearing. She stated that the site in question is located on the southeastern side of the intersection of Creedmoor Road and I-540 on the northern side of Baileywick Road, and adjacent to the on-ramp for eastbound I-540. The proposed zoning is to allow for retail sales of State-controlled alcoholic beverages and related products.

The area in question was evaluated in 1999 for its appropriateness as an Activity Center when a joint plan between the County and the City of Raleigh was developed for the area between I-540 and Strickland Road. The area was reclassified from Raleigh’s Long-range Urban Services Area to Non-Urban Area Water Supply Watershed. The County and Raleigh agreed that this area would be limited to low-density residential uses with the objective of protecting the water quality of Falls Lake. The extension of municipal water and sewer service into this area is not permitted. The approval of the rezoning would be counter to the 1999 agreement between the County and the City of Raleigh.

This proposal to allow an ABC store in the watershed would be contrary to the Zoning Ordinance as well as the Land Use Plan. The Zoning Ordinance prohibits indoor retail and service trade establishments within the R-40W district, except for a neighborhood business use, such as a convenience store, which are allowed only with a special use permit. This rezoning would also represent a change in the zoning district boundaries (non-critical area) related to Water Supply Watershed protection which would be subject to the provisions of the Zoning Ordinance Section 1-1-7.

Chairman Gardner announced that those persons in support of the rezoning would be heard at this time. The following persons were recognized:

The Chairman then called on those persons opposing the request. The following persons appeared before the Board:

Chairman Gardner declared the public hearing closed and called for the recommendations of the Planning Board and Planning staff.

Ms. Wilson reported the Wake County Planning Board recommends that the Board of Commissioners approve the zoning map amendment with the petitioner’s proposed conditions.

Ms. Wilson reported that Planning staff recommends that the Board of Commissioners deny the requested zoning map amendment.

Following discussion, Commissioner Ward moved that the rezoning request be denied. Commissioner Bryan seconded the motion. Upon vote the motion passed unanimously.
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Chairman Gardner called for a five-minute recess.

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The City of Raleigh and Wake County’s current commitment to the CIAA ends in 2005. The CIAA has started the process to determine the tournament site for 2006, 2007 and 2008. The Raleigh CIAA Steering Committee has prepared a proposal with the hope of keeping the tournament in Raleigh for the next three years beyond the current obligation.

The proposed bid for the 2006-2008 seasons totals $1,014,000. Sports and Properties, Inc., a fundraising entity comprised of Hill Carrow and Jim Cain will be charged with raising the necessary private sector funding. The City of Raleigh and Wake County has been asked to guarantee up to $500,000 ($250,000 each) in funds not raised by the private sector.

Upon motion of Commissioner Webb, seconded by Commissioner Ward, the Board unanimously approved the request from the Greater Raleigh Convention and Visitors Bureau to commit up to $250,000 annually to the CIAA for the tournament years 2006, 2007, and 2008.
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NOVEMBER 1. 2004 REQUEST FROM
WAKE COUNTY BOARD OF EDUCATION
TO RE-ALLOCATE PLAN 2000 FUNDS

Plan 2000 included $250,000 of start-up funds for Bugg Elementary and $250,000 for East Millbrook Middle. Bugg Elementary did not make the priority list for Plan 2004 projects and has an unspent balance of $215,340 which is available for use in Plan 2004. Since East Millbrook Middle is number 43 on the priority list it will not be funded unless $34 million more in savings can be identified. It has a project balance of approximately $140,910 all of which is available for reallocation.

In order to provide funding for the mobile/modular solution planned by the school system, The Wake County Board of Education is requesting $356,250 of available funds in these two projects to be reallocated. The Board of Education approved these movements by resolutions October 5 and 19, 2004.

The Board of Commissioners received information on this request at its November 1, 2004 meeting and there were no outstanding questions.

Upon motion of Commissioner Ward, seconded by Commissioner Webb, the Board unanimously adopted a resolution approving the request from the Board of Education to reallocate Plan 2000 funds.
RESOLUTION
REALLOCATE FUNDS FOR PLAN 2000 SCHOOL CAPITAL PROJECTS

WHEREAS, the Wake County Board of Education is engaged in a Long Range Building Program; and

WHEREAS, the Wake County Board of Education approved the project listed below as part of its Plan 2000 Building Program, and contracts have been or will be let for planning and design services and construction; and

WHEREAS, the funding for the project listed below exceeds the amount needed, thereby allowing part of the funds to be reallocated; and,

WHEREAS, the Wake County Board of Education has duly requested, through a resolution adopted October 5th and 19th, 2004, that the Board of Commissioners approve the reallocation of $356,250 within the Plan 200 Building program.

NOW, THEREFORE, BE IT RESOLVED that the Wake County Board of Commissioners hereby reallocates funds as follows:
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LAND ACQUISITION FOR ELEMENTARY SCHOOL IN THE TOWN OF ROLESVILLE

According to Section 115C-426 of the North Carolina General Statutes, the Wake County Board of Commissioners is responsible for approving the
purchase of property by the Wake County Public School System. At the October 5, 2004 meeting of the Board of Education a resolution was approved to use $576,000 to purchase approximately 16.0 acres of land on the new Rogers-Young Bypass Road in Rolesville.

The purchase price of $36,000 per acre includes the addition of infrastructure requirements at no additional cost. These infrastructure requirements include a three-lane roadway bordering the property, with two curb cuts, acceleration and deceleration lanes, all necessary striping, and public water and sewer access.

A new Plan 2004 elementary school is scheduled to be opened at this site in Fall 2007. A thirty-acre tract owned by the Town of Rolesville and slated to be developed into a park borders the property, and nearby a new municipal building will be built by the Town. The School System has invited the County to participate in creating the master plan for the site.

The Board of Commissioners received a report on this request at its November 1, 2004 meeting. The item has been placed on today’s regular agenda to consider County ownership of school sites or approval of the Board of Education’s request.

Commissioner Ward moved adoption of a resolution approving the purchase of property in Rolesville for a new school. The motion was seconded by Commissioner Webb.

Following much discussion about County ownership of school sites, it was noted that the Board meets with the Board of Education on Wednesday of this week which would allow for further discussion of the issue by both Boards at that time. There was also mention of scheduling joint meetings with the Board of Education to move forward on this as well as growth issues.

Commissioner Ward withdrew the motion and by general consensus, the request was tabled until Wednesday, November 17, 2004.
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LAND ACQUISITION FOR ELEMENTARY SCHOOL IN THE TOWN OF WENDELL

According to North Carolina General Statutes, Section 115C-426, the Wake County Board of Commissioners is responsible for approving the purchase of property by the Wake County Public School System. At the October 5, 2005 meeting of the Board of Education, a resolution was adopted approving the use of $850,010 to purchase approximately 27.5 acres of land in Wake County’s jurisdiction at $30,887 per acre. The request has been reduced to $754,303 due to the survey of the property indicating the acreage to be approximately 24.4 acres. This land would be initially considered as a site for a modular elementary school to open in August 2005. The permanent facility to be constructed on the site would either be a new middle school or elementary school. A new pre-kindergarten facility may also be located on the same site.

The Board of Commissioners received information on this request at its November 1, 2004 meeting. The item has been placed on today’s regular agenda for consideration along with the issue County ownership of school sites.

There was much discussion about County ownership of school sites, and it was the general consensus of the Board that th is request also be tabled until Wednesday, November 17, 2004.
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REQUEST FROM WAKE COUNTY BOARD OF EDUCATION
TO APPROPRIATE PLAN 2004 PLANS

The Board of Education is requesting $121,367,195 and includes $117,981,108 for construction and $3,386,087 of systemwides and permits. Today’s request has been modified in that the $19,144,106 originally requested for East Wake High and $67,569 of related permits have been removed from the request because the bid was rescheduled for a later date.

The Board of Commissioners received this request at its November 1, 2004 meeting. During the discussion of this item, there were questions raised and the responses have been received from the School System.

Upon motion of Commissioner Ward, seconded by Commissioner Webb, the Board unanimously adopted a resolution approving the request from the Board of Education to appropriate Plan 2004 funds.

RESOLUTION
APPROVING APPROPRIATION OF PLAN 2004 FUNDING
FOR SCHOOL CAPITAL BUILDING PROGRAM

WHEREAS, the Wake County Board of Education is engaged in a Long-Range Building Program; and

WHEREAS, the Wake County Board of Commissioners has approved the projects listed below as part of the schools capital building program, and contracts have been or will be let for planning and design of services, and construction; and

WHEREAS, the Wake County Board of Education has duly requested, through resolutions adopted October 5 and 19, 2004, that the Board of Commissioners approve the appropriation of $121,367,195 to the Plan 2004 Building Program.

NOW, THEREFORE, BE IT RESOLVED that the Wake County Board of Commissioners hereby appropriates $121,367,195 as listed below: Adopted this the 15th day of November 2004.

Request for Information Regarding School Funding Requests
Following the consideration of the above Plan 2004 funding, Commissioner Bryan requested that in the future, school funding requests include a breakdown of the following issues: health, safety and welfare, capacity and equity. He also requested information on feeder patterns for all high schools: how many magnet students come from the western side of the Neuse to the eastern side; and how many magnet students (levels I-II) come from the east and go to the west.
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REPORT ON THE REQUEST FROM
THE WAKE COUNTY BOARD OF EDUCATION
TO RE-ALLOCATE PLAN 2000 FUNDS
The Board of Commissioners received a report from the Board of Education on several Plan 2000 projects nearing completion and the process to reallocate the savings to other projects. Due to the urgency to get mobile and modular units in place for Fall 2005, School staff estimated the amounts available to be transferred from several projects before it is time for them to be closed.

It was noted that Knightdale High is unlike the other projects listed because the funds available to be transferred from this project are a result of funds used from state bond projects which made Plan 2000 funds available. It represents savings due to other sources of revenue rather than project savings. The total estimated savings is $6.5 million and the Wake County Board of Education approved a resolution November 9, 2004 requesting reallocations of Plan 2000.

Following discussion, the Board received the request from the Board of Education with the item to be placed on the December 6, 2004 consent agenda.
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JOINT COUNTY-SCHOOLS STATE FUNDING RESOLUTION

At the November 9, 2004 meeting of the Triangle County Board Chairs of Orange, Durham and Wake, along with representatives of the Orange, Chapel Hill/Carrboro, Durham County and Wake County school systems, discussed the issue of budgetary decisions of the General Assembly regarding funding of schools was discussed. The group drafted a resolution that calls upon the North Carolina General Assembly to support establishing adequate and reliable funding of public schools. Chairman Gardner provided a draft of the resolution for the Commissioners consideration to be forwarded back to the Triangle J Council of Governments to be submitted jointly by all six entities to the General Assembly.

Upon motion of Commissioner Ward, seconded by Commissioner Bryan, the Board unanimously endorsed the resolution seeking support from the North Carolina General Assembly for establishing adequate and reliable funding of public schools in the Triangle and throughout the State.
A RESOLUTION
SEEKING SUPPORT FROM THE
NORTH CAROLINA GENERAL ASSEMBLY
FOR ESTABLISHING ADEQUATE AND
RELIABLE FUNDING OF PUBLIC SCHOOLS
IN THE TRIANGLE AND THROUGHOUT THE STATE

WHEREAS, Durham, Orange and Wake Counties, along with their respective school districts, Durham Public Schools, Orange County Schools,
Chapel Hill-Carrboro City Schools, and Wake County Public School System, firmly believe that every child within the Triangle should have equal
access to a sound quality public education in a safe learning environment; and,

WHEREAS, the responsibility of providing these educational opportunities is shared between the State of North Carolina, our counties, and our local school districts under the guidance of North Carolina's constitution; and,

WHEREAS, while overall state educational funding has increased largely to meet student population growth, class-size reduction in elementary grades and personnel salary and benefit increases, state budgeting of public schools as a percentage of the state genera! fund has however trended downward, resulting in reduced resources for schools without similar reductions in mandated program responsibilities; and,

WHEREAS, elementary class-size reductions result in an unfunded mandate that does not allow for adequate capital planning and imposes a burden on counties to fund additional school facilities; and

WHEREAS, parallel budget cuts affecting public schools have resulted in required state discretionary reductions, declining teacher assistant allotments, decreased school transportation operating funds, inadequate instructional technology support, withheld capital needs resources; and,

WHEREAS, stagnant funding for public schools has resulted in too few teacher allotments, inadequate staffing allotments, lagging non-instructional support positions, insufficient textbook allocations, deficient instructional supplies, limited funds for children with special needs, etc.; and,

WHEREAS, these funding deficiencies create a greater reliance on local funding, thereby exacerbating inequities in educational opportunities across the state; and,

WHEREAS, in light of this trend the Triangle's county governments and school districts seek support from the North Carolina General Assembly to reverse this course and establish adequate and reliable funding of public schools;

NOW, THEREFORE, BE IT RESOLVED that Durham, Orange and Wake Counties, along with the Durham Public Schools, Orange County Schools, Chapel Hill-Carrboro City Schools, and Wake County Public School System, call upon the North Carolina General Assembly to reverse the ongoing trend of insufficient operational and capital funding for public schools.

BE IT FURTHER RESOLVED that the General Assembly establish adequate and reliable funding of public schools in North Carolina that matches needs, resources and mandates.

BE IT FINALLY RESOLVED that this resolution be executed by the respective counties and public school systems in the Triangle and that this document be presented to our legislative delegations, along with appropriate state officials who have responsibilities for public schools -including Governor Easley, the Chair of the State Board of Education, and the State Superintendent of Public Instruction.
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COMMITTEE REPORTS

Commissioner Ward reported that the Dorothea Dix Committee met last week, toured the campus and met with person conducting the master
planning at the state level. She indicated that she would make the Board aware of meetings to be scheduled in January.
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CLOSED SESSION

Commissioner Webb moved to go into closed session to instruct staff regarding the terms and conditions of contract to purchase real property for library purposes: two tracts of approximately 3.70 acres owned by Nova Holdings LLC and approximately 1.2 acres owned by E. Boyd Associates.
The motion was seconded by Commissioner Council and was unanimously approved.

Following the business in closed session, Chairman Gardner called the meeting back into regular session.
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ACQUISITION OF PROPERTY

Upon motion of Commissioner Gurley, seconded by Commissioner Council, the Board unanimously authorized staff to proceed with the following property acquisitions and actions for the development of the North Regional Library, and that the County Manager be authorized to execute contracts on behalf of Wake County for said properties:
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There being no further business to come before the Board at this time, Chairman Gardner recessed the meeting at 9:40 p.m., until noon Wednesday, November 17, 2004, 3600 Wake Forest Road, upon the motion of Commissioner Ward, seconded by Commissioner Council and
the unanimous vote of the Board.
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Respectfully submitted:

Gwen Reynolds
Clerk to the Board
Wake County Commissioners