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100107October 1, 2007 The Randolph County Board of Commissioners met in regular session at 4:00 p.m. in the Commissioners Meeting Room, County Office Building, 725 McDowell Road, Asheboro, NC. Commissioners Holmes, Frye, Kemp Haywood and Lanier were present. Kim Newsom, Personnel Director, gave the invocation and everyone recited the Pledge of Allegiance. Public Comment Period Pursuant to N.C.G.S. § 153A-52.1, Chairman Holmes opened the floor for public comment. Cliff Allred, 465 Hwy 42S, Asheboro, spoke in support of a county -wide water system. He said that he had surveyed most of the people in the immediate area of his home, and everyone is in favor of a county -wide system. Jerry Lambeth, 5650 US Hwy 220S, spoke in support of the Traditional Pottery Museum, saying that their annual pottery festival brings in a lot of revenue to Randolph County. His opinion is that whatever funding the County decides to allocate for pottery should be split evenly between the Traditional Pottery Museum and the NC Pottery Center. Hearing no further comments, Chairman Holmes closed the public comment period. Addition to and Approval of Consent Agenda Chairman Holmes announced that Item J. Approve Appointment of Jim Parker to the Consolidated Mental Health Board would be added to the Consent Agenda. On motion of Haywood, seconded by Frye, the Board voted unanimously to approve the Consent Agenda, as follows: • approve regular meeting minutes of 9/4/07; • approve 2 D. O. T. resolutions adding Stallion Trail to the State roads system and abandoning a portion of Aldridge Road, as follows: WHEREAS, the Department of Transportation has investigated Stallion Trail in the White Horse Run Subdivision; and WHEREAS, the subject street has been found to meet minimum requirements for addition. NOW, THEREFORE, BE IT RESOLVED by the Randolph County Board of Commissioners that Stallion Trail in the White Horse Run Subdivision be added to the Division of Highways' Secondary Road System. and WHEREAS, the Department of Transportation has investigated 0.14 mile SR 2019 Aldridge Road off of SR 1912 (Aldridge Road) in Randolph County for purposes of abandonment; and WHEREAS, it has been determined that this portion of subject road should be abandoned from the Division of Highways' Secondary Road System. NOW, THEREFORE, BE IT RESOLVED by the Randolph County Board of Commissioners that 0.14 mile SR 2019 Aldridge Road off of SR 1912 (Aldridge Road) in Randolph County be abandoned from the Division of Highways' Secondary Road System. • appoint Carolyn Harris and reappoint Bill Allred to the Adult Care Home Community Advisory Committee; • appoint Gloria Terry and reappoint Joe Taylor to the Nursing Home Community Advisory Committee; • reappoint Will Massie, Cheryl Ivey and Jane Leonard to the Public Facilities Corporation; • approve Firemen's Relief Fund appointments: Benny Beck, C.E. Teague Coleridge; Jim Pell, David Creason Eastside; Roger King, Steven Hughes Farmer; Kyle Dixon, Johnny Hicks Franklinville; Tony Turner, Mike Bradshaw Guil-Rand; David Davis, H. Kenneth Adams Level Cross; Larry Daniel Williams, William H. Flowe, Jr. Northeast; Melissa Blalock, Charles Byerly Tiger Country; Darrell L. Voncannon, Bernard Needham Seagrove; Donald Allred, Edwin W. Beeson Sophia; Terry Shaw, Derrick Britt Southwest; Yancy King, Terry Williams Staley; Darrell Owenby, Jesse Wilson Tabernacle; Norris Whatley, Ted Scott Ulah; Brian Hedgpeth, Derrick Lyndon Westside • adopt proclamation for 4H Week, as follows: WHEREAS, the need for youth to learn science, engineering and technology skills is ever-growing; and, WHEREAS, as students progress through school their proficiency in the sciences decreases; and, WHEREAS, we, the American people, need to prepare our young people for their futures; and, WHEREAS, 4-H has been providing youth with the innovative research and resources from our nation's 106 land-grant universities and colleges for more than 100 years; and, WHEREAS, 4-H programs reach youth in urban, suburban and rural communities across America; and, WHEREAS, 4-H is a community where more than S million young people are currently participating in science, engineering and technology activities; and, WHEREAS, 4-H volunteers and North Carolina State University and NC A&T State University Cooperative Extension staff are working towards a solution to provide even more of our community's young people with programs that foster exploration, discovery and passion for the sciences; and, WHEREAS, this effort is one in which we all must join together in order to meet our country's future needs; NOW, THEREFORE, the Board of Randolph County Commissioners do hereby proclaim October 7-13, 2007 as National 4-H Week in Randolph County and urge fellow citizens to observe this week by connecting with youth, friends, fellow employees and relatives, and with school, community, and civic groups to learn more about 4 -H's work in science, engineering and technology and engage in 4-H programs that benefit our community. approve Budget Amendment #9 for the Health Department (Welcome Baby Program Funding Reduction), as follows: 007-2008 BUDGET ORDINANCE—GENERAL FUND AMENDMENT 99 Revenues Increase Decrease Restricted Intergovernmental Revenues $18,500 Appropriations Increase Decrease Public Health $18,500 • approve Budget Amendment #10 for Health Department (Healthy Living Grant), as follows: 2007-2008 BUDGET ORDINANCE—GENERAL FUND—AMENDMENT 910 Revenues Increase Decrease Restricted Intergovernmental Revenues $20,193 Appropriations Increase Decrease Public Health $20,193 • appoint Jim Parker to the Consolidated Mental Health Board. Addition to New Business Agenda Chairman Holmes announced that the following items would be added to the New Business Agenda: Item H. Requests Concerning Grant for Library from Partnership for Children—Suzanne Tate 1. Approval of Grant 2. Approval of New Position 3. Approval of Budget Amendment Item I. Consider Approval of Joint Agreement Concerning the Hwy 311 Water Line Darrell Frye Update from Piedmont Authority for Regional Transportation (P.A.RT.) Brent McKinney, P.A.R.T. Executive Director, said that the due diligence for Randolph County's $1 per registered vehicle is underway by P.A.R.T. and should be effective 1/1/08. This money will fund the construction of Park and Ride lots. Five locations are being considered: the RCC vicinity, the I-85/Finch Farm Rd. vicinity, Hwy 311/I-85 behind Hardee's, and two along the US 220 corridor. He also said that the PART Board of Trustees has awarded the contract for 5 new buses, which have been ordered and scheduled for delivery in June 2008. Approval of Funding of NC Pottery Center; Appointments to Board Richard Wells, County Manager, recognized Wayne Martin, who is with the NC Arts Council, and thanked him for the Art Council's support. Mr. Wells said that pottery is very important to Randolph County and, in particular, to the Board of Commissioners. He said that the Commissioners have been very disturbed due to all the disparity between the separate pottery factions in Seagrove, adding that the Board would like to see one pottery organization with one Board. He also said that the Pottery Center could utilize some County resources, in particular, the County Maintenance staff, in order to make the Center more aesthetically pleasing. Mr. Wells added that Commissioners Kemp and Haywood have offered to join the NC Pottery Center's Board of Directors. On motion of Kemp, seconded by Frye, the Board voted unanimously to appropriate $25, 000 to the NC Pottery Center, to appoint Stan Haywood and Phil Kemp to the NC Pottery Center Board, filling two three-year unexpired term seats, with terms expiring March of 2009, and encouraged the support and representation of the NC Museum of Traditional Pottery on the NC Pottery Center's Board of Directors. Update from Public Library Ross Holt, Assistant Library Director, gave the Board a statistical update on the Public Library's operations, as follows: Circulation Comparison, FY 05-06/06-07 Library 2005-2006 2006-2007 % Change Archdale 70,693 84,791 19.9% Asheboro 170,184 183,460 7.8% Franklinville 11,729 11,661 -0.6% Liberty 42,825 43,832 2.4% Ramseur 23,235 26,720 15.0% Randleman 55,856 72,228 29.3% Seagrove 19,620 30,304 54.5% Extension 19,750 21,872 10.7% TOTAL 413,892 474,868 14.7% By Cateaory Adult Books 187,232 205,637 9.8% Juvenile Books 134,090 154,742 15.4% Total Books 321,322 360,379 12.2% Audio -Visual 87,482 105,462 20.6% Periodicals 4,831 8,644 78.9% Other 257 383 49.0% Circulation Comparison Excludinq Periodicals and Other Library 2005-2006 2006-2007 % Change Archdale 69,504 82,851 19.2% Asheboro 169,456 182,737 7.8% Franklinville 11,273 10,873 -3.5% Liberty 41,968 42,985 2.4% Ramseur 22,629 25,199 11.4% Randleman 55,289 70,588 27.7% Seagrove 19,437 29,440 51.5% Extension 19,246 21,168 10.0% TOTAL 413,892 465,841 12.6% By Category by Library Library Category 2005-2006 2006-2007 % Change Archdale Adult Books 33,439 37,593 12.4% 351,732 Juvenile Books 23,686 29,475 24.4% 38.0% Total Books 57,125 67,068 17.4% Ramseur Audio Visual 12,379 15,783 27.5% 47,721 Periodicals 1,155 1,896 64.2% Asheboro Adult Books 82,349 87,824 6.6% 40.1% Juvenile Books 48,952 52,331 6.9% TOTAL Total Books 131,301 140,155 6.7% Audio Visual 38,155 42,582 11.6% Periodicals 641 680 6.1% Franklinville Adult Books 5,144 4,605 -10.5% Juvenile Books 3,460 3,563 3.0% Total Books 8,604 8,168 -5.1% Audio Visual 2,669 2,705 1.3% Periodicals 448 785 75.2% Liberty Adult Books 17,054 17,224 1.0% Juvenile Books 16,077 15,850 -1.4% Total Books 33,131 33,074 -0.2% Audio Visual 8,837 9,911 12.2% Periodicals 833 847 1.7% Ramseur Adult Books 9,362 10,124 8.1% Juvenile Books 8,223 9,736 18.4% Total Books 17,585 19,860 12.9% Audio Visual 5,044 5,339 5.8% Periodicals 553 1,284 132.2% Randleman Adult Books 22,498 28,403 26.2% Juvenile Books 19,525 25,579 31.0% Total Books 42,023 53,892 28.2% Audio Visual 13,266 16,606 25.2% Periodicals 538 1,598 197.0% Seagrove Adult Books 8,063 10,297 27.7% Juvenile Books 6,205 9,381 51.2% Total Books 14,268 19,687 38.0% Audio Visual 5,171 9,762 88.8% Periodicals 169 864 411.2% Extension Adult Books 9,323 9,567 2.6% Juvenile Books 7,962 8,827 10.9% Total Books 17,285 18,394 6.4% Audio Visual 1,961 2,774 41.5% Periodicals 494 690 39.7% Door Count Comparison Library 2005-2006 2006-2007 % Change Archdale* 52,221 75,853 45.3% Asheboro* 177,725 351,732 97.9% Franklinville 12,765 17,612 38.0% Liberty 33,255 42,720 28.5% Ramseur 21,837 30,424 39.3% Randleman 47,721 71,488 49.8% Seagrove 12,078 24,480 102.7% Extension 9,549 13,379 40.1% Randolph Room 9,222 10,004 8.5% TOTAL 376,373 465,841 23.8% *NOTE: First year using electronic door counter Patron Reaistration Comparison --All Patrons Library 2005-2006 2006-2007 % Change Archdale 15,361 16,885 9.9% Asheboro 34,983 37,432 7.0% Franklinville 910 968 6.4% Liberty 5,787 6,216 7.4% Ramseur 3,622 3,890 7.4% Randleman 7,109 7,713 8.5% Seagrove 1,662 1,981 19.2% Extension 160 166 3.8% TOTAL 69,594 75,251 8.1% NOTE: Comparison of registration by category (adult, teen, juvenile) is not valid this year: cards were expired and birthdates collected in order to place borrowers in the correct age category. Figures for 2005-2006 reflect many patrons who had aged out of the borrower type to which they were assigned. Annroval of Partnership for Children Grant for Public Librarv: New Position Annroval: Budget Amendment Approval Suzanne Tate, Public Library Director, said that the library has been awarded a grant from the Randolph County Partnership for Children to institute a "Raising a Reader Program" in the county to help families with children ages 3-5 establish a regular practice of reading aloud and of using the public library. These families are reached through local child care centers. A 20 -hour per week coordinator, supervised by the Extension Department of the Randolph Public Library, will be recruited and hired for approximately 18 months to carry out the mandates of the grant. The total project cost is $44,257; there is no County match required. The library administers the grant. Ms. Tate asked the Board to approve the $44,257 grant and a new position, effective November 1, 2007, and budget amendment. On motion of Frye, seconded by Kemp, the Board voted unanimously to approve the $44,25 7 grant from Randolph County Partnership for Children to the Library, to approve a new 20 -hour per week position, effective November 1, 2007, and to approve Budget Amendment #11, as follows: 2 00 7- 008 BUDGET ORDINANCE—GENERAL FUND—AMENDMENT #11 Revenues Increase Decrease Restricted Intergovernmental Revenues $44,257 Appropriations Increase Decrease Public Library $44,257 Approval of Business/Personal Property Audit Contract Debra Hill, Interim County Tax Administrator, stated that due to other responsibilities, tax department staff auditors are unable to perform all possible audits to verify accuracy of listings. In April 1997, Randolph County Commissioners entered into an agreement with Tax Management Associates (TMA) of Charlotte, NC to conduct business personal property audits on behalf of Randolph County. Eight hundred thirty-three businesses were chosen to be audited from 1997-2001. Most of these businesses have not been audited since that time. Due to those audits, the additional net revenue over that 4 -year period was approximately $401,000 in tax dollars. Ms. Hill said that the TMA's proposed fee would be on a contingency basis. If TMA discovers unlisted property that results in additional taxes, they would keep 30% of the amount of tax and the County would receive 70%. If TMA doesn't discover additional property, they receive no payment for the audit. TMA provides audit services for over 300 state and local government clients in 13 states. Ms. Hill requested that the Board approve a contract with Tax Management Associates auditing services for a 3 -year period under the terms set out above. On motion of Haywood, seconded by Kemp, the Board voted unanimously to approve a contract with Tax Management Associates Auditing Services for a 3 year period under the terms provided above. Approval of Web EOC Purchase Audrey Alexander, Purchasing Agent, stated that the North Carolina Department of Crime Control and Public Safety, Division of Emergency Management, notified Counties in late March 2006 of their decision to no longer utilize the EM2000 software for disaster management. The State instead switched to a different product called WebEOC. The State has provided Randolph County with the capability to interact with its WebEOC and with other counties who have this unique software, but the information cannot currently be transmitted from Randolph County to local emergency response agencies such as our municipal governments, fire departments, or other emergency response partners. Therefore, an in-house version of the software is needed to coordinate communications between critical agencies during a disaster. A WebEOC project was included in the 2007 Randolph County Strategic Technology Plan, which allotted $117,100 for its implementation. ESI Acquisitions, Inc. is the sole manufacturer of the WebEOC software. They have provided a quote of $88,387.46. Hardware purchases can be made from the remaining $28,712.54. Ms. Alexander requested the Board approve the purchase of WebEOC software from ESI Acquisitions, Inc. for $88,387.46 using the monies specified in the 2007 Technology Work Plan. On motion of Frye, seconded by Kemp, the Board voted unanimously to approve the purchase of WebEOC software from ESI Acquisitions, Inc. for $88,38 7.46 using the monies specified in the 2007 Technology Work Plan. Approval of Employer 401-k Contribution Kim Newsom, Personnel Director, stated that State law requires a 5% employer contribution into a 401-k plan for all sworn law enforcement positions, and Randolph County has provided that benefit according to the statutes for many years. However, Counties and Municipalities are continually enhancing their benefits packages by adding or increasing their 401-k contribution plan for non -sworn employees. Mr. Newsom said that his recommendation for several years has been to initiate a 401-k contribution plan for Randolph County's non - sworn employees to provide equitable benefits for our employees. During the budget planning for this fiscal year, he stated that the Board asked that he review this issue and come back with a proposal at a later date. Mr. Newsom said that currently all contiguous Counties and 4 Municipalities within Randolph County currently provide a 401-k contribution for their non -sworn employees. This benefit serves two purposes. One is to provide equitable benefits between sworn and non -sworn personnel. Also, it has become a recruiting tool for those employers who contribute a 401-k plan for all employees. He said that Randolph County has an increasing number of applicants to inquire about 401-k options when considering our employment offers. Mr. Newsom said the proposed plan will make non -sworn employees eligible for the contribution at the same time they qualify for participation in the local government employees' retirement system. This would cover regular employees in budgeted positions after completion of their probationary period. Employees would also be able to voluntarily contribute funds in addition to the County's contributions. This benefit would address the internal equity issues as well as the County's competitiveness in the job market. Mr. Newsom recommended that the Board adopt a 2% contribution for all non -sworn employees, effective January 1, 2008. The cost for this initial six-month period would be $198,420. On motion of Kemp, seconded by Frye, the Board voted unanimously to approve a 2% 401-k contribution for all non -sworn employees, effective January 1, 2008. Approval of Joint Agreement Concerning the Hwy 311 Water Line On motion of Frye, seconded by Haywood, the Board voted unanimously to approve a joint agreement concerning the Hwy 311 water line, as follows, with the condition that the City of High Point must sign the Water Treatment Plant construction agreement (approved by this Board on July 9, 2007) and upon the County's satisfactory review of the agreement by our legal staff and the Chairman regarding any subsequent changes by High Point to the Water Treatment Plant agreement. STATE OF NORTH CAROLINA JOINT GOVERNMENTAL AGREEMENT RANDLEMAN DAM PROJECT GUILFORD COUNTY SURPL US WATER AND TRANSMISSION LINE AGREEMENT THIS JOINT GOVERNMENTAL AGREEMENT (the "2007 AGREEMENT' ), made and entered into this day of September, 2007, by and among the CITY OF ARCHDALE, CITY OF HIGHPOINT, TOWN OF JAMESTO WN, CITY OF RANDLEMAN (all municipal corporations of the State ofNorth Carolina), RANDOLPH COUNTY (apolitical subdivision of the State of North Carolina), and the PIEDMONT TRIAD REGIONAL WATER AUTHORITY (an authority created under the laws of the State ofNorth Carolina); WITNESSETH WHEREAS, the parties to this 2007 AGREEMENT are also parties to a prior Joint Governmental Agreement dated September 18, 1987, (the "1987 Agreement') which established the framework and funding procedures for development of the Randleman Dam project; and WHEREAS, the parties to this 2007 AGREEMENT are also parties to another Joint Governmental Agreement dated May 23, 2000, (the "2000 Agreement' ); and WHEREAS the 1987 Agreement committed six local governments jointly and severally to participate financially toward the acquisition of land, construction of the Randleman Dam, and construction of a water treatment plant; and WHEREAS the 2000 Agreement did not alter the terms of the 1987 Agreement in any manner, other than to confirm the understanding that "annual operating requirements of the Authority" as set forth in Section 1, Page 4 of the 1987 Agreement shall be construed to include, among other costs, debt service payment on the $8 million loan for relocation of the High Point Wastewater Treatment discharge; and WHEREAS the 1987 Agreement established a formula based on percentages of raw water allocation of 48 million gallons per day safe yield whereby each local government would appropriate and allocate funds for land acquisition, construction of the dam and wastewater bypass (now relocation of the wastewater plant discharge) and for "annual operating requirements of the Piedmont Triad Regional Water Authority"; and WHEREAS the CITY OF RANDLEMAN has demonstrated a substantial need for additional water; the CITY OF HIGH POINT has surplus water supplies and the PIEDMONT TRIAD REGIONAL WATER AUTHORITY has agreed to construct the necessary interim water transmission line and to facilitate the transfer of the surplus water supply from the CITY OF HIGH POINT through the A UTHORITY to the CITY OF RANDLEMAN; and WHEREAS the 1987 Agreement provided that water transmission lines may be installed as needed before the construction of the water treatment plant in providing the distribution of water to local governments herein, and that in such event, the financial responsibility for the cost of the construction of such transmission lines shall be determined among those specific local units of government involved and further provided for the financial participation by the PIEDMONT TRIAD REGIONAL WATER AUTHORITY and for the constructed lines to be turned over to the AUTHORITYfor transmission ofwater from the treatmentplant; and WHEREAS, the PIEDMONT TRIAD REGIONAL WATER AUTHORITY consistent with its responsibilities for construction of the Randleman Dam project including the water treatment plant is negotiating a $4.2 million loan for the construction of a new water transmission line (the `Archdale/Randolph/Randleman line') to flow to the CITY OF ARCHDALE, RANDOLPH COUNTY and the CITY OF RANDLEMAN, NOW THEREFORE, for and in consideration of the mutual terms, conditions, covenants, obligations and privileges created among these local governments and the Authority in this AGREEMENT and in the 1987 Agreement and in the 2000 Agreement, it is hereby agreed as follows: 1. Transfer of Surplus Water Supplies. The CITY OF HIGH POINT agrees to sell to the PIEDMONT TRIAD REGIONAL WATER AUTHORITY up to Nine Hundred Thousand (900,000) gallons of water per day at a current price of $1.93 per thousand gallons ($1.93/1, 000 gallons) as needed by the CITY OF RANDLEMAN. The CITY OF HIGH POINT reserves the right to adjust the price per thousand gallons but any such adjustment will be consistent with and reflect the same wholesale rate which the CITY OF HIGH POINT is then charging the TOWN OF JAMESTOWN and the CITY OF ARCHDALE. The AUTHORITY agrees to sell to the CITY OF RANDLEMAN up to Nine Hundred Thousand (900, 000) gallons of water per day as needed by the CITY OF RANDLEMAN at the same price as it purchases the water from the CITY OF HIGH POINT, with no mark up. The CITY OF RANDLEMAN is not exclusively bound to purchase all of its water needs from the AUTHORITY, however, the CITY OF RANDLEMAN agrees to purchase and pay for all of the water purchased for it by the AUTHORITY up to Nine Hundred Thousand (900,000) gallons of water per day at the price charged the A UTHORITY by the CITY OF HIGH POINT. 2. Termination of CITY OF HIGH POINT'S Obligation to Sell Surplus. The CITY OF HIGH POINT'S obligation to sell water to the PIEDMONT TRIAD REGIONAL WATER AUTHORITY under this 2007 AGREEMENT shall end at the earlier to occur of either the time when the Randleman Dam water treatment plant and facility comes on line, is fully operational and is capable of producing at least Nine Hundred Thousand (900, 000) gallons of water per day or September 30, 2027. At the earlier to occur of these events or date then the CITY OF HIGH POINT'S obligation to sell shall cease but the CITY OF RANDLEMAN'S obligation to purchase from the AUTHORITY its water needs consistent with the 1987 Agreement shall continue. 3. Construction of Water Transmission Line. The PIEDMONT TRIAD REGIONAL WATER AUTHORITY shall construct, control and own the Archdale/Randolph/Randleman line to be used to transfer to the CITY OF RANDLEMAN the water the A UTHORITY purchases from the CITY OF HIGH POINT. During the interim (the "interim period') between the construction of the Archdale/Randolph/Randleman Line and the issuance of revenue bonds by the AUTHORITYfor the construction of the water treatment plant, the payment of debt service on the $4.2 million loan to cover the cost of construction of the Archdale/Randolph/Randleman Line shall be made by and allocated among the following local governments in the following percentages: CITY OF ARCHDALE (Twenty (20%) Percent), the RANDOLPH COUNTY (Sixty (60%) Percent) and the CITY OF RANDLEMAN (Twenty (20%) Percent). During the interim period the CITY OF HIGH POINT, CITY OF GREENSBORO and the TOWN OF JAMESTOWN shall not have any responsibility for the payment of debt service for the construction of the Archdale/RandolphlRandleman Line. 4. Later Consolidation ofDebt for Archdale/Randolph/Randleman Line. All the remaining principal of the $4.2 million loan for the construction of the Archdale/Randolph/Randleman Line shall be consolidated with the new debt for the construction of the water treatment plant and other water transmission lines when the PIEDMONT TRIAD REGIONAL WATER AUTHORITY issues revenue bonds for the construction of the water treatment plant. At the point in time when payments from the parties are scheduled to begin on such revenue bonds it is understood that the parties will revert back to applying the Revenue Bond Debt Service allocation formula set forth in the Joint Governmental Agreement ("RB&H Draft No. 13') to pay for construction of the water treatment plant and necessary transmission lines (including the remaining debt on the Archdale/Randolph/Randleman Line). Each of the six local units of government in the Consortium shall then consistent with the 1987 Agreement continue to appropriate and allocate funds and may payments for the AUTHORITY'S annual operating requirements, including debt service payments on the $8 million loan for relocation of the High Point Wastewater Treatment Discharge as set out in the 2000 Agreement, based on the modified raw water allocation formula of a pro rata share of 48 million gallons per day safe yield, to wit: CITY OF GREENSBORO (53.1 %); RANDOLPH COUNTY (18.8%); CITY OF HIGH POINT (19.0%); CITY OF RANDLEMAN (2.1 %); TOWN OFJAMESTOWN (2.5%); CITY OFARCHDALE (4.6%). 5. Terms of 1987 Agreement Not Altered by this 2007 AGREEMENT. No rights, obligations, or commitments created by the 1987 Joint Intergovernmental Agreement shall be waived by this 2007 AGREEMENT. Nor shall this 2007 AGREEMENT be considered to alter the 1987 Agreement in any manner. The purpose of this 2007 AGREEMENT is to allow for the transfer and distribution of water from one local unit of government through the PIEDMONT TRIAD REGIONAL WATER AUTHORITY to another local unit of government and to provide for the interim debt service for the construction of the Archdale/Randolph/Randleman Line until such time as the AUTHORITY issues revenue bonds for the construction of the water treatment plant and necessary water transmission lines. 6. Terms of 2000 Agreement Not Altered by this 2007 AGREEMENT. No rights, obligations, or commitments created by the 2000 Agreement shall be waived by this 2007 AGREEMENT. Nor shall this 2007 AGREEMENT be considered to alter the 2000 Agreement in any manner. 7. Raw Water Allocation Formula Still Applicable. For all annual operating expenses of the AUTHORITY including debt service under the 2000 Agreement (but not the debt service for the construction of the Archdale/Randolph/Randleman Line during the interim period) it is understood that the same modified raw water allocation formula from the 1987 Agreement for land acquisition, construction and the Authority's annual operating requirements, including debt service payments, shall continue to apply. Each local government shall continue to appropriate and allocate funds based on the modified pro rata share of 48 million gallons per day safe yields, to wit: CITY OF GREENSBORO (53.1 %); RANDOLPH COUNTY (18.8%); CITY OF HIGH POINT (19.0%); CITY OFRANDLEMAN (2.1 %); TO WN OFJAMESTOWN (2.5%); CITY OFARCHDALE (4.6%). 8. Term of Agreement. The term of this Agreement shall be for a period of 20 years beginning September 30, 2007 and ending on September 30, 2027. 9. E fective Date. This 2007 AGREEMENT shall be effective when it is duly executed by each party hereto. IN WITNESS WHEREOF, all of the parties hereto have caused this AGREEMENT to be duly executed by each of their properly authorized officials, attested by their Clerks, and each of their corporate seals to be hereunto affixed, all on the day and year first above written. Report from Hobbs, Upchurch & Associates on County Water Plan; Establishment of Water & Sewer Districts; Approval of Budget Amendment Bill Lester, Jr., P.E., Governmental Division Manager with Hobbs, Upchurch & Associates, presented their proposal for a county -wide water plan. Mr. Lester recommended establishing three, or possibly four districts, as follows: District 1Townships of Liberty, Columbia, Coleridge, Brower, Richland, Grant, Franklinville, and Pleasant Grove; District 2—Townships of New Hope, Concord, Union, Cedar Grove and Back Creek; District 3—Townships of New Market, Level Cross and Providence; and District 4—Townships of Trinity and Tabernacle. However, only District 1 will be USDA -grant eligible. Mr. Lester also recommended that the districts be established as water and sewer districts, in order to be ready for possible future sewer lines, should they ever become necessary. He said that his firm will be working closely with USDA and is already looking at specific projects including, but not limited to, Highway 64 improvements from Asheboro through Ramseur over to the eastern county line, Highway 49 South from Asheboro down to the western county line and Highway 49 North from Ramseur to Liberty. They will begin to set up meetings with potential water suppliers for specific projects and will do engineering proposals which will be submitted to USDA for their funding consideration. Key to the success of the plan will be public education through multiple community meetings. Mr. Lester asked the Board to establish the districts and also consider naming them. (Amended 1/7/08 to ,include "its intent") On motion of Frye, seconded by Lanier, the Board voted unanimously its intent to establish 4 water and sewer districts, as follows: District ]—Townships of Liberty, Columbia, Coleridge, Brower, Richland, Grant, Franklinville, and Pleasant Grove; District 2 -Townships of New Hope, Concord, Union, Cedar Grove and Back Creek; District 3 -Townships of New Market, Level Cross and Providence; and District 4 Townships of Trinity and Tabernacle. On motion of Haywood, seconded by Lanier, the Board voted unanimously to name the water/sewer districts, as follows: District I Deep River, District 2 Uwharrie, District 3 Randleman Lake, and District 4 to be named later. On motion of Lanier, seconded by Haywood, the Board voted unanimously to approve Budget Amendment #12 to the General Fund and #I to the Rural Water Infrastructure Capital Project Ordinance, as follows: 2©07-2008 BUDGET ORDINANCE—GENERAL FUND AMENDMENT #12 Revenues Increase Decrease Appropriated Fund Balance $100,000 Appropriations Increase Decrease Transfer to Rural Water Infrastructure Project $100,000 RURAL WATER INFRASTRUCTURE CAPITAL PROJECT ORDINANCE AMENDMENT #1 Revenues Increase Decrease Transfer to General Fund $100,000 Appropriations Increase Decrease Engineering Services Miscellaneous $69,500 $30,500 Recess At 6:32 p.m., the Board recessed prior to the rezoning public hearing. Rezoning Public Hearing At 6:54 p.m., the Board adjourned to a duly advertised public hearing to consider zoning requests. Hal Johnson, Planning and Zoning Director, presented the following requests, and Chairman Holmes opened the public hearing for comments on each request and closed it before taking action on each request. 1. TERRY TROTTER Trinity, North Carolina, is requesting that 4.00 acres located on Ross Wood Road (at the county line), Tabernacle Township, be rezoned from RA to CVOE-CD. Tax ID# 6782688800. Secondary Growth Area. The proposed Conditional Zoning District would specifically allow the development of a 3 -lot site -built subdivision in an existing subdivision with house size of 1,200 sq. ft. (Jimmy F. Trotter - Property Owner). The Planning Board reviewed this request at public meeting on September 11, 2007, and unanimously recommended that this request be approved. Policies within the Growth Management Plan that support determination of consistencv with the adopted plan: Policy 6.13 Conventional Residential Subdivisions are anticipated of similar housing characteristics to the community. Policy 6.14 Residential subdivisions should, in order to promote efficiencies in the delivery of urban services, be encouraged to develop in a fashion which minimizes "leap frog" development (i.e. leaving large vacant areas between developments). Terry Trotter, applicant, spoke in support of his request, saying that the housing along Ross Wood Road predominately consists of mobile homes. He believes the proposed subdivision with site -built homes would start a more favorable trend on Ross Wood Road. Joe Grooms, 3252 Hannersville Rd., said that he lives across from the proposed subdivision and asked the Board to deny this request. He said the applicant has already built four rent houses nearby and the proposed subdivision won't improve the neighborhood. On motion of Frye, seconded by Lanier, the Board voted unanimously to approve the request of Terry Trotter, as determined consistent with policies contained within the adopted Growth Management Plan and outlined in the Planning Board recommendation. 2. RANDALL SCOTT, Seagrove, North Carolina, is requesting 2.80 acres located at 9773 Erect Road, Brower Township, be rezoned from RR to RA. Rural Growth Area. Tax ID# 8604937876. It is the desire of the property owner to place a single -wide mobile home on the property. The Planning Board reviewed this request at public meeting on September 11, 2007, and unanimously recommended that this request be approved. Policies within the Growth Management Plan that support determination of consistency with the adopted plan: Policy 6.5 The protection of viable rural neighborhoods should be encouraged by compatible residential development to insure the continued existence as a major housing source and as a reflection of the long term quality of life in Randolph County. Policy 8.8 The County should seek land use decisions to continue to provide locations for affordable housing while maintaining a choice in compatible housing types in communities within the county. No one spoke. On motion of Frye, seconded by Haywood, the Board voted unanimously to approve the request of Randall Scott, as determined consistent with policies contained within the adopted Growth Management Plan and outlined in the Planning Board recommendation. 3. GWYNN SHULER, Trinity, North Carolina, is requesting .86 acres located at 9045 Hillsville Road, Trinity Township, be rezoned from RA to HC -CD. Primary Growth Area. Tax ID# 7726136109. The proposed Conditional Zoning District would specifically allow the operation of a business office and the leasing of one office as per site plan. (Property Owner - Sharon Woodward). The Planning Board reviewed this request at public meeting on September 11, 2007, and unanimously recommended that this request be approved. Policies within the Growth Management Plan that support determination of consistency with the adopted plan: Policy 4.2 Highway oriented commercial uses should be clustered along segments of arterial streets and contain land uses that are mutually compatible and reinforcing in use and design. They should be designed in a way that minimizes signage, access points and excessive lengths of commercial strip development. Policy 4.6 Compatible land uses such as rural neighborhood retail and service establishments located close to general residential areas should be considered during the rezoning process with the general goal of reducing automobile travel distances and promoting better livability in the community. No one spoke. On motion of Frye, seconded by Haywood, the Board voted unanimously to approve the request of Gwynn Shuler, as determined consistent with policies contained within the adopted Growth Management Plan and outlined in the Planning Board recommendation. 4. MILL CREEK CROSSING, LLC, Pleasant Garden, North Carolina, is requesting that 25.43 acres located on Whitt Hunt Road/Hockett Country Lane, Providence Township, be rezoned from RA to CVOE-CD. Tax ID#7778647962, #7778640739. Secondary Growth Area. The original request was for approval of a Conditional Zoning District that would specifically allow the development of a 21 -lot site -built and conventional modular home subdivision with a minimum house size of 1,400 sq. ft. (Bonnie W. Beaver - Property Owners). The Planning Board reviewed this request at public meeting on September 11, 2007 and unanimously recommended that this request be approved with the condition that the road frontage for each lot be increased to 150 feet and the appropriate right-of-way be dedicated to NCDOT for the paving of Hockett Country Lane. Since the Planning Board meeting, the Planning staff has been informed that lots 2 & 3 on the site plan have been removed from consideration of the request, making the proposed subdivision 19 lots instead of 21. Mr. Johnson said that the applicant has also agreed to providing right-of-way to NCDOT for the paving of Hockett Country Lane and has offered this as a condition of the rezoning request; however, the applicant has not agreed to the 150 -foot road frontage condition recommended by the Planning Board. Policies within the Growth Management Plan that support determination of consistency with the adopted plan: Policy 6.5 The protection of viable rural neighborhoods should be encouraged by compatible residential development to insure the continued existence as a major housing source and as a reflection of the long term quality of life in Randolph County. Policy 6.13 Conventional Residential Subdivisions are anticipated of similar housing characteristics to the community. Policy 6.14 Residential subdivisions should, in order to promote efficiencies in the delivery of urban services, be encouraged to develop in a fashion which minimizes "leap frog" development (i.e. leaving large vacant areas between developments). Joe Hackett, 1147 Kearns Hackett Road, spoke in favor of the request, saying that the property has been perked. He also verified that he will provide right-of-way to NCDOT for the paving of Hockett Country Lane. Bill Horne, 6698 Hockett Country Lane, said that he is concerned about the densely populated area and the need for water since the water table is the lowest in recorded history due to the current drought. He thinks that decreasing the number of lots will help somewhat. He also has concerns about increased traffic on Hockett Country Lane causing even more dust than is already occurring. He asked that the paving of Hockett Country Lane be a condition of the request. He also talked about ATVs using some of this property all hours of the night and day and asked that the developer restrict ATV access while construction is underway. Jerman Duran, 1836 Rayle Farm Road, spoke in opposition to the request, saying that the proposed lots are smaller than most of the lots in the surrounding area and would decrease the property values of surrounding homes. He also is concerned about the effects of this subdivision on the water table. Also, the increased traffic would create more dust, which would adversely affect the health of neighbors, especially those with asthma. Steve Roberts, 6767 Taylor Woods Lane, has traffic concerns because Hockett Country Lane will be paved eventually. He says that he agrees with the Planning Board that the road frontage should be increased to 150 feet. Also, fewer driveway connections on Hockett Country Lane would help. Carolyn Stutts, 1886 Rayle Farm Road, said that she is very concerned with the drought situation and its affect on the water table. She also has traffic concerns since there are already many wrecks on Whitt Hunt Road. Allen Davis, 6752 Taylor Woods Lane, said that 21 houses would be too much for this area and prefers site - built to modular. On motion of Lanier, seconded by Frye, the Board voted 4-1, with Haywood opposing, to approve the request of Mill Creek Crossing, LLC, as determined consistent with policies contained within the adopted Growth Management Plan and outlined in the Planning Board recommendation. The motion included the condition, accepted by the applicant, that appropriate right-of-way be dedicated to NCDOT so as not to impede future paving of Hockett Country Lane. Adjournment There being no further business, the meeting adjourned at 8:30 p.m. J. Harold Holmes, Chairman Darrell L. Frye Phil Kemp Arnold Lanier Stan Haywood Cheryl A. Ivey, Clerk to the Board