NC - Rowan: COUNTY BOARD OF COMMISSIONERS

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COUNTY BOARD OF COMMISSIONERS

ROWAN COUNTY COMMISSION AGENDA April 1, 2019 - 3:00 PM

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J. Newton Cohen, Sr. Room J. Newton Cohen, Sr. Rowan County Administration Building

130 West Innes Street, Salisbury, NC 28144

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Call to Order

Invocation

Provided By: Chaplain Michael Taylor

Pledge of Allegiance

Consider Additions to the Agenda

Consider Deletions From the Agenda

Consider Approval of the Agenda

Board members are asked to voluntarily inform the Board if any matter on the agenda might present a conflict of interest or might require the member

to be excused from

voting.

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Consider Approval of the Minutes: March 18, 2019

1 Consider Approval of Consent Agenda

A. Martin Starnes Associates - FY 2019 Audit Contract B. Request to Schedule a Public Hearing for April 15th for 'Project Special' C. Proclamation -

May 2019 Foster Care Month In Rowan County D. Bath Body Works Lease Renewal at West End Plaza E. Financing Documents - Kannapolis City Schools
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2 Public Comment Period

3 Public Hearing Executive Summary Presentation - Project Kodiak 4 Consider Approval of Building Elevation and Signage Details from Z 03-19 Decision

5 Consider Approval of SNIA 01-19 6 Update On Rowan County Child Abuse Statistics and Approval of Proclamation for
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Child Abuse Prevention Month

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7 Budget Amendments 8 Consider Approval of Board Appointments

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9 Adjournment

Citizens with disabilities requiring special needs to access the services or public meetings of Rowan County Government should contact the County

Manager's Office
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three days prior to the meeting by calling (704) 216-8180.

ROWAN COUNTY A COUNTY COMMITTED TO EXCELLENCE

130 West Innes Street - Salisbury, NC 28144 TELEPHONE: 704-216-8180 * FAX: 704-216-8195

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MEMO TO COMMISSIONERS:

FROM: Carolyn Barger, Clerk to the Board DATE: March 22, 2019 SUBJECT: Consider Approval of the Minutes: March 18, 2019

ATTACHMENTS: Description Upload Date Type March 18, 2019 Minutes 3/25/2019 Cover Memo

Greg Edds, Chairman Aaron Church, County Manager

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Jim Greene, Vice- Chairman Carolyn Barger, Clerk to the Board Mike Caskey John W. Dees, II, County Attorney

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Judy Klusman

Craig Pierce

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Rowan County Board of Commissioners 130 West Innes Street Salisbury, NC 28144 Telephone 704-216-8180 Fax 704-216-8195

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Equal Opportunity Employer

MINUTES OF THE MEETING OF THE ROWAN COUNTY BOARD OF COMMISSIONERS

March 18, 2019 6:00 PM J. NEWTON COHEN, SR. ROOM

J. NEWTON COHEN, SR. ROWAN COUNTY ADMINISTRATION BUILDING

Present: Greg Edds, Chairman

Jim Greene, Vice-Chairman Mike Caskey, Member Judy Klusman, Member Craig Pierce, Member

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County Manager Aaron Church, Clerk to the Board Carolyn Barger, County Attorney Jay Dees and Assistant County Manager/Finance Director Leslie

Heidrick were present.
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Chairman Edds convened the meeting at 6:00 p.m.

Chaplain Michael Taylor provided the Invocation.

Chairman Edds led the Pledge of Allegiance.

CONSIDER ADDITIONS TO THE AGENDA

Chairman Edds requested to add a Memorandum of Understanding for the Rowan County Vietnam Veterans Memorial project to the Consent Agenda as Item J.

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Chairman Edds also requested to add a memorandum from the Economic Development Commission for a public hearing for Project Kodiak. Chairman Edds said

the issue would be added to the Consent Agenda as Item K.
Tagged Passions:economic development, boards and commissions, development, Development, and hearing

Commissioner Klusman moved approval of the additions, as requested. The motion was seconded by Commissioner Greene and passed unanimously.

Chairman Edds said due to the number of public hearings on the agenda, the Board had been asked to consider moving agenda item 6 (Discussion

Regarding Change Order for I-85 Infrastructure Casings) in the order of discussion.
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Commissioner Pierce moved for the Board to place agenda item 6 (Discussion Regarding Change Order for I-85 Infrastructure Casings) on the agenda as

item 3 and to consider the Public Hearing for the FY 19-20 HOME Application as agenda item 3a. The motion was seconded by Commissioner Klusman and passed unanimously.
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CONSIDER DELETIONS FROM THE AGENDA There were no deletions from the agenda.

CONSIDER APPROVAL OF THE AGENDA Commissioner Pierce moved, Commissioner Klusman seconded and the vote to approve the agenda as amended passed

unanimously.
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CONSIDER APPROVAL OF THE MINUTES Commissioner Klusman moved, Commissioner Pierce seconded and the vote to approve the minutes of the March 4, 2019

Commission Meeting passed unanimously.
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1. CONSIDER APPROVAL OF CONSENT AGENDA Commissioner Klusman moved approval of the Consent Agenda as amended. The motion was seconded by Commissioner

Caskey and passed unanimously.

The Consent Agenda consisted of the following:

A. Tax Refunds for Approval B. NCDOT Request to Add Red Cedar Road and Blue Spruce Drive to State

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Secondary Road System for Maintenance C. Resolution of Support to Endorse Alternative Corridor for Airport Parkway Project

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[U-5901]

WHEREAS, the North Carolina Department of Transportation (DOT) prepares a Statewide Transportation Improvement Program (STIP) every two years that

identifies transportation projects to be implemented over the next ten years with State and Federal funding; and
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WHEREAS, the North Carolina DOT solicits input for identifying transportation projects of local and regional importance; and

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WHEREAS, the North Carolina DOT recently released the Draft 2020-2029 TIP that includes the Airport Parkway Project (U-5901) with right-of-way

acquisition occurring in FY 2023 and construction schedule to begin in FY 2025 having a total estimated cost of 42 million; and
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WHEREAS, both Rowan County and the City of Salisbury are member jurisdictions of the Cabarrus-Rowan MPO; and

WHEREAS, the Cabarrus-Rowan MPO has consistently prioritized the Airport Parkway Project for inclusion in the Draft TIP by assigning the maximum

number of local input points; and
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WHEREAS, the Cabarrus-Rowan MPO encourages the North Carolina Department of Transportation (NCDOT) to design all highway projects to produce the

least possible impact and produce the greatest benefits to the local community; and
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WHEREAS, all western alternative alignments for the Airport Parkway Project depicted in the Alternative Development Report for the project dated

September 2018 would produce the most impact to residents, businesses, Mid Carolina Airport, and the environment.
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NOW, THEREFORE, BE IT RESOLVED by the Rowan County Commission and the City of Salisbury hereby endorse the red-dashed corridor alternative on the

enclosed map for further study by NCDOT and completion of the environmental document for the Airport Parkway Project.
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D. Grant Funded Position for Health Department E. Use of West End Plaza Parking Lot for Fighting Against Cancer Together (FACT)

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Event F. Property Donation Enochville G. Agreement to House Inmates for Davidson County H. Modification Agreement to DHHS/Rowan MOU for FY 2018-19 I.

DPS Leases for Probation Parole and Juvenile Justice Staff J. Memorandum of Understanding for the Rowan County Vietnam Veterans
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Memorial (addition to the Consent Agenda) K. Memorandum from the Economic Development Commission for a public hearing

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for Project Kodiak (addition to the Consent Agenda)

2. PUBLIC COMMENT PERIOD Chairman Edds opened the Public Comment Period to entertain comments from any citizens wishing to address the Board. The

following individuals came forward:

Carla Rose, Association Executive for the Salisbury Rowan Association of Realtors, thanked the Board for its dedication to the community and she also

provided the board with a publication from the National Association of Realtors.

With no one else wishing to address the Board, Chairman Edds closed the Public Comment Period.

3. PUBLIC HEARING: FY 19-29 HOME APPLICATION Planning Director Ed Muire explained that as a member of the Cabarrus/Iredell/Rowan HOME Consortium,

Rowan County anticipated receiving approximately 147,366 in project funds for FY 2019-2020. Mr. Muire said the process would focus exclusively on owner-occupied rehabilitation of single family homes. Staff anticipated the required match for participation (25 of project funds) would need to be a cash contribution of approximately 36,842 from Rowan County, unless obtained from other non-federal sources.
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Mr. Muire requested the Board allow the County Manager to sign the application, which would be forwarded to the City of Concord.

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Commissioner Greene inquired as to the amount spent per home. Mr. Muire said the amount varied; however, he estimated the range was 35,000 to 40,000

per home. Mr. Muire further explained that the applicant/owners had to be 80 or less of the area s median income.

Mr. Muire confirmed to Chairman Edds that the Salisbury CDC administered the Program. Mr. Muire said the Salisbury CDC had been managing the program

rather
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well for the County for the past five (6) to six (6) years. Mr. Muire said the organization processed the applications and determined the homes for

rehabilitation. Mr. Muire further clarified that the program did work in all of Rowan s municipalities with the exception of the City of Salisbury and the City of Kannapolis because they received separate funding.
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Chairman Edds opened the public hearing to receive citizen input regarding the proposed 2019-20 HOME application. With no one wishing to address the

Board, Chairman Edds closed the public hearing.
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Commissioner Pierce moved, Commissioner Klusman seconded and the vote to authorize the County Manager to sign the 2019-20 HOME application passed

unanimously.
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4. PUBLIC HEARING FOR HLC 01-19 Karen Lilly-Bowyer of the Historic Landmarks Commission (HLC) reported the HLC received an application from Richard

and Anthony Current to establish the Mt. Vernon Property as a Rowan County historic landmark. The Mt. Vernon property, located at 12930 Cool Springs Road, was further referenced as Tax Parcel 731-010. The applicants wished to designate the exterior of the house, barn and smoke house, along with the acre of land on which it resided.
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Ms. Lilly-Bowyer provided a power point as she discussed the request. The plantation in question was built by Jacob Krider in 1822. Ms. Lilly-Bowyer

said the HLC wished to recognize the property as it was one of the best preserved and most intact of Rowan County s Federal plantation seats.
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A courtesy hearing was held by the HLC on February 12, 2019 and there were no non- board members present. The HLC voted 5-0 to recommend landmark

designation as requested. Planning Staff supported the designation.
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Chairman Edds opened the public hearing to receive citizen input and with no one wishing to address the Board, Chairman Edds closed the public

hearing.
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Commissioner Klusman moved approval of HLC 01-19. The motion was seconded by Commissioner Pierce and passed unanimously.

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5. PUBLIC HEARING FOR Z 03-19 Assistant Planning Director Shane Stewart presented the staff report for Z 03-19 regarding a request from Teramore

Development for the rezoning of Tax Parcel 3881013. The property, owned by Levi Voros, located at 6225 E. NC 152 Highway in Rockwell, totaled 1.72 acres and the rezoning was from Rural Agricultural (RA) to Commercial, Business, Industrial with a Conditional District (CBI-CD) to accommodate a 9,100 square foot retail store.
Tagged Passions:planning, rural, business, agriculture, taxes, Taxes, development, industrial, zoning, Development, property, hearing, and commercial

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Mr. Stewart provided a power point to depict the site in question, as well as the surrounding area.

According to Mr. Stewart, concerns had been raised regarding traffic in the area. Mr. Stewart said the North Carolina Department of Transportation

(DOT) had issued a driveway permit on February 14, 2019 for the request. Mr. Stewart discussed a condition for issuance of the driveway permit, which was to keep the entrance relatively flat for sight distance purposes.
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Since the January Planning Board meeting, Mr. Stewart reported the applicant had submitted the following information for consideration:

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Landscape Plan

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In addition to the 6 wood fence along the south and east property lines, 4 Leyland Cypress trees planted 5 on center will be included within the

required 20 buffer.
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A total of four red maple trees will be planted along the road frontage along with shrubbery at the base and near the proposed sign.

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Building Fa ade Options

Six building fa ade renderings were included as options for the store based on the Board s preference.

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The above documentation was provided to address the Eastern Land Use Plan (LUP) recommendations for Highway Businesses to consider building

appearance, design elements, and landscaping.
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Mr. Stewart noted the above items, or others, could be included as conditions of approval should the Board elect to approve the request.

Mr. Stewart discussed the request s conformity with adopted plans and policies, and also highlighted the compatibility of uses. Mr. Stewart discussed

at length potential impacts on roads including DOT traffic counts for roads in the area. In addition, Mr. Stewart provided a 911 call log for reported accidents during a specified timeframe along the roads in question.
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Mr. Stewart reported that letters were sent to nine (9) adjacent property owners within 100 of the subject property; a sign was posted on the

property; the request was posted on Planning s website and a notice was published in the Salisbury Post.
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Mr. Stewart advised that the Board could conditionally approve the request if it needed additional information back, such as a revised site plan,

etc., within 45 days. Mr. Stewart reported a new public hearing would not be required for such action.
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Based on the staff report, it was estimated 30 to 40 citizens attended the January 28, 2019 Planning Board Meeting, of which 15 individuals spoke. In

general, the concerns were:
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1. High traffic volume, accidents and small hill on Organ Church Road limiting the site distance;

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2. Appearance of the store grounds and interior; 3. Drainage concerns; 4. Rural area do not want this type of development 5. Other statements

regarding the retailer s business practice unrelated to land use
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The Planning Board voted unanimously (8-0) (Chairman Poston recused) to recommend approval as requested based on the following statements:

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Statement of Consistency: Z 03-19 is consistent with the eastern Rowan Land Use Plan; adjacent properties are zoned CBI; applicant is installing 6

opaque fence along both adjoining property lines and the square footage is limited to 9,100 square feet.
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Statement of Reasonableness: In accordance with Section21-362(j) of the Rowan County Zoning Ordinance the property is adjacent to CBI zoned property;

located in Area 3; a Community Node; Highway Business is encouraged along E. NC 152 Highway; applicant providing 6 opaque fencing along two adjoining property lines.
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Commissioner Klusman asked if the DOT had future plans for widening or upgrading of Highway 152. Mr. Stewart referenced a resolution previously

approved by the Board asking for a new study to rectify the intersection in question to get it aligned properly. Mr. Stewart said he did not know when a study might occur.

Commissioner Klusman inquired as to how many accidents had to occur before the DOT would consider installing a traffic light. Mr. Stewart said he was

unsure if accidents were part of the decision compared to the traffic count.
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In response to Chairman Edds, Mr. Stewart Greg clarified the data between the 911 call log and the DOT statistics.

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The applicant was represented by Attorney Andy Abramson. Mr. Abramson focused on the legal aspects of the request as related to the County s Zoning

Ordinance. Mr. Abramson also referred to the LUP and future land uses and community nodes. Mr. Abramson pointed out that one of the seven nodes in the LUP specifically referred to Sifford s intersection. Mr. Abramson said the LUP specified the proposed type of business was appropriate. With regards to compatibility, Mr. Abramson discussed the CBI allowed uses, as well as existing businesses in the area. Mr. Abramson said the with regards to the impact on schools, utilities, roads, etc., there would be no drain on schools or utilities. The impact on roads had just been discussed in great detail. Mr.
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Abramson reiterated the DOT had been to the site multiple times and that a driveway permit had been issued.

In closing, Mr. Abramson asked the Board to take all points into consideration and to rule favorably on the request. Mr. Abramson reserved the

opportunity for a rebuttal, if necessary, following the public hearing.
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Daniel Almazan with Teramore Development (Teramore) said his company was a preferred developer for Dollar General Stores. Mr. Almazan discussed how

Dollar General s sites were chosen. According to Mr. Almazan, the proposed site was viewed as an opportunity for an under-served area based on the key intersection and good location. With regards to traffic concerns, Mr. Almazan said DOT had walked the site and issued the driveway permit. Mr. Almazan said there had been other times when the DOT had required Teramore to install medians or turning lanes at various locations. Mr. Almazan said Jerry Strickland, Operations Manager, was also in attendance to help answer any questions.
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Chairman Edds opened the public hearing to receive citizen input regarding Z 03-19 and the following individuals came forward:

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Justin Smart of 225 Organ Church Road spoke in opposition to the rezoning request. Mr. Smart provided the Board with a rezoning protest petition and

MH Corbin Traffic Analyzer Study.
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Joanne Mahaffey of 285 Organ Church Road spoke in opposition to the rezoning request. Ms. Mahaffey provided the Board with pictures of Organ Church

Road and the proposed driveway location.
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James Mahaffey of 285 Organ Church Road spoke in opposition to the rezoning request.

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Michael Benge of 2032 Organ Church Road spoke in support of the rezoning request.

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Penny Canaday said she owned land at 165 Organ Church Road beside the property for the proposed Dollar General site. Ms. Canaday spoke in support of

the rezoning request.
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Trudy Davis of 3265 Highway 152 East said she lived beside where the Dollar General would be located. Ms. Davis spoke in support of the rezoning

request.
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Carolyn Waller of 9325 Fisher Road spoke in opposition to the rezoning request. Ms. Waller provided pictures of different Dollar General Stores that

were located further off the road.
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Levi Voros of 6225 Highway 152 spoke in support of the rezoning request.

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Debbie Barnhardt-Bassinger of 325 Victoria Street in Salisbury spoke in opposition to the rezoning request.

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Shelley Vorus of 210 Sternbridge Drive spoke in support of the rezoning request.

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Justin Smart was granted permission to speak a second time during which he reiterated his opposition to the rezoning request.

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Jordan Cress of 450 Organ Church Road spoke in opposition to the rezoning request. Mr. Cress added that Steve Sifford (of Sifford s Oil) was his

cousin and that Mr. Sifford was also not in favor of the rezoning request.
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At this time, and with no one else coming forward to address the Board, Attorney Abramson offered a rebuttal. Mr. Abramson noted that property owner

Steven Sifford was selling property, which was under contract for development of the site, and was supportive of the project. Mr. Abramson said there was clearly significant traffic on Highway 152 and whether the site was developed into some other fashion, would not change the fact that Highway 152 was a dangerous road. Mr. Abramson felt the arguments that had been presented related to traffic and the dangers of the intersection in question. Mr. Abramson said the undercurrent was of not wanting the Dollar General. Mr. Abramson said the entrance to the site was on Organ Church Road, which was not a dangerous road in comparison to Highway 152. Mr. Abramson said the market place would ultimately determine if the Dollar General was wanted in the area and it was up to the County Commissioners to determine if the store met the County s zoning requirements.
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Jeff Poston said he owned property on Organ Church Road and he rebutted Attorney Abramson s comments regarding Steve Sifford selling property.

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With no one else wishing to address the Board, Chairman Edds closed the public hearing.

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Commissioner Caskey referred to the petition that had been distributed to the Board and noted the petition had been signed by people who did not

reside in the area of the proposed store. James Mahaffey who had spoken during the public hearing responded. Mr. Mahaffey pointed out he had a Salisbury address, a Rockwell phone number but resided at the end of Faith Road.
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Commissioner Caskey asked Mr. Smart if he went door to door to collect signatures for the petition and Mr. Smart said no. Mr. Smart said the petition

had been copied and left at various locations. The information regarding the petition was also posted on social media informing people where to go to sign the petition.
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Commissioner Klusman inquired as to the shoulder width of Organ Church Road and Mr. Stewart used the power point to provide a visual of the road s

shoulder width.
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Commissioner Caskey raised the issue of the different facade options for the store. Chairman Edds said he had contacted representatives with Dollar

General and asked them to improve the appearance of their stores being built in Rowan County. Chairman Edds said he was very appreciative of the fact that within 24 hours the representatives provided new renderings for consideration.
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Chairman Edds said the Board held a discussion and went through the same process a few years ago when a Dollar General asked to locate in the area

where he and Commissioner Pierce live. Chairman Edds said the new store had not hurt the business of a convenience store located in the area. The store had located on a corner in the same manner as the proposed request. Chairman Edds said he was unaware of any incidents the Dollar General near his home had caused. Chairman Edds pointed out the proposed store was not an attraction that would draw people from other places, such as from the Towns of Cleveland or Granite Quarry. Chairman Edds said the store would be for the folks coming down Highway 152 and he did not foresee the store causing an increase in traffic. Chairman Edds continued by reporting he had driven by the site and taken pictures and videos earlier in the day. Chairman Edds referred to statements made during the public hearing that the County did not need another Dollar General. Chairman Edds said it was not the Board s decision to determine if the store was needed as this was a free market economy. Chairman Edds reiterated the store was not creating a new traffic pattern since there was a stop sign already right by the site. He also noted the jobs created by Dollar General would be important to those workers. In closing, Chairman Edds said he had not heard an argument that would make him vote against the rezoning.
Tagged Passions:business, market, grocery, zoning, hearing, commercial, large retail, body art, traffic, economy, and jobs

Commissioner Greene said the Board had to be careful about trying to control people s property. He noted the proposed site was going to be commercial

in some way whether it was now or in the future. Commissioner Greene noted all other stores in the vicinity were commercial businesses. Commissioner Greene talked about the Board s denial of a previous Dollar General due to fact that its proximity was close to a school and the road was much hillier. Commissioner Greene thanked everyone for coming out and voicing their opinions.
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Commissioner Pierce said the Planning Board created the Eastern LUP as a guideline and the LUP was not the final authority. Commissioner Pierce said

the final authority was with the Commissioners. Commissioner Pierce stated when he was contacted by so many people telling him they did not want the Dollar General, he felt he had to listen. Commissioner Pierce did not feel the Dollar General was a good fit for the community and he had not received information to convince him otherwise.
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Commissioner Caskey said his family shopped at the Dollar General in his area and found the store s location to be convenient. Commissioner Caskey

said he also patronized other community-owned stores in his area. Commissioner Caskey pointed out the request before the Board could not be considered spot zoning due to the other commercial businesses in the vicinity. Commissioner Caskey said while he was not an expert on traffic, the DOT had issued the driveway permit. Commissioner Caskey felt the intersection at the proposed site should be realigned with a traffic light installed. Commissioner Caskey said he would support the request since it was not spot zoning.
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Commissioner Klusman agreed with Commissioner Caskey that approval of the request was not spot zoning. Commissioner Klusman said she had not realized

how many
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businesses were already located around the intersection. Commissioner Klusman said while she did not like the site selected for the proposed store,

it was a commercial area and she would have to support the request.
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Chairman Edds moved approval of the Statement of Consistency (as recommended by the Planning Board): Z 03-19 is consistent with the eastern Rowan

Land Use Plan; adjacent properties are zoned CBI; applicant is installing 6 opaque fence and Leland Cypress trees buffering along both adjoining property lines and the square footage is limited to 9,100 square feet. The motion was seconded by Commissioner Klusman and passed 4-1 with Commissioner Pierce dissenting.
Tagged Passions:planning, zoning, trees, property, and body art

Commissioner Edds moved approval of the Statement of Reasonableness (as recommended by the Planning Board): In accordance with Section21-362(j) of

the Rowan County Zoning Ordinance the property is adjacent to CBI zoned property; located in Area 3; a Community Node; Highway Business is encouraged along E. NC 152 Highway; applicant providing 6 opaque fencing along with Leland Cypress buffering along two adjoining property lines. The motion was seconded by Commissioner Greene and passed 4-1 with Commissioner Pierce dissenting.
Tagged Passions:planning, ordinance, business, zoning, property, and body art

The Board took the opportunity to discuss fa ade preferences. It was the consensus for the new store s facade to be modeled after the Buford, Georgia

rendering.
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Chairman Edds moved to approve Z 03-19 with the condition that the Buford, Georgia model be used and a monument sign with landscaping must be

installed as opposed to a pole sign.
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Mr. Stewart said if it was beneficial to the Board, the Commissioners could require a fa ade detail and elevation plan to come back to the Board. Mr.

Stewart said the information could be submitted and would not require another public hearing. The Board could conditionally approve the application, pending the requested information.
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Chairman Edds agreed to include the conditions as part of the motion and Commissioner Greene seconded. The motion carried 4-1 with Commissioner

Pierce dissenting.
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6. DISCUSSION REGARDING CHANGE ORDER FOR I-85 INFRASTRUCTURE CASINGS This item was moved in the order of discussion as agenda item 3.

County Manager Aaron Church introduced Doug Chapman, Engineer Doug Chapman of McGill Associates. Mr. Church said the Board had previously approved

construction of three (3) casings by the North Carolina Department of Transportation (NCDOT). One (1) casing was to be put underneath I-85 and the other two (2) were to be installed underneath the ramps at the new Old Beatty Ford Road interchange. Mr. Church said two (2) of the casings were completed.
Tagged Passions:construction, streets, transportation, church, administrator, and manager

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Mr. Church said now that the City of Kannapolis (City) would be providing water service to the area in question, the City would rather construct any

future casings.
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Mr. Chapman said the two (2) that had been installed had been the most critical for underneath the interchange.

Mr. Church said the Change Order would ask the NCDOT to change the project to limit the scope to the two (2) casements that had been completed and

the County would stop the project.
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Commissioner Klusman moved to approve a new Change Order that would eliminate the third casing. The motion was seconded by Commissioner Pierce and

passed unanimously.
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7. RFQ FOR CONSULTING SERVICES FOR CENTRAL PERMITTING County Manager Aaron Church reported that Rowan County would be requesting Statements of

Qualifications (SOQ) from interested and qualified firms for professional consulting services. The purpose for the Request for Qualifications (RFQ) was to obtain information from consulting firms for developing and implementing a centralized permitting process by consolidating existing departments involved in the land development and environmental permitting and inspection process into one cohesive and functioning unit. The departments to be considered in the process were:
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Building Inspections

Environmental Health

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Environmental Management

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Fire Marshal

Planning

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If approved, the RFQ would be released on April 1, 2019 and after due process, the contract was anticipated to be awarded around May 30, 2019.

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Chairman Edds mentioned the improvements that had been made over the years for permitting, etc., and he felt a one stop process would be a positive

for the County going forward. Chairman Edds expressed hope that a process would be implemented by year end that would put the County way ahead of the competition.

Commissioner Klusman moved, Commissioner Greene seconded and the vote to approve the RFQ for Consulting Services for a Centralized Permitting process

passed unanimously.
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8. FINANCIAL REPORTS Assistant County Manager/Finance Director Leslie Heidrick presented the Board with the following financial information:

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12

Annual Cumulative Revenue Comparisons as of February 2019 - 105,986,132

Annual Cumulative Expenditure Comparisons as of February 2019 - 90,337,805

Annual Cumulative Current Year Property Tax Comparisons as of January 2019 - 73,991,144

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Annual Cumulative Sales Tax Comparisons as of November in FY 2019 - 11,060,936

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Monthly Sales Tax Comparisons as of November in FY 2019 - 2,282,319

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9. BUDGET AMENDMENTS Finance Director Leslie Heidrick presented the following budget amendments for the Board s consideration:

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Sheriff Recognize surplus of State Asset Forfeiture Funds and budget to proper expense accounts - 26,238

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Budget overtime for Sheriff s Office Cost Reimbursement Agreement with FBI - 12,775

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Commissioner Pierce moved approval of the budget amendments as presented. The motion was seconded by Commissioner Klusman and passed unanimously.

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10. CLOSED SESSION Chairman Edds moved at 8:23 p.m. for the Board to enter into Closed Session in accordance with North Carolina General Statute:

143-318.11(a)(3) for attorney-client privileged communication regarding the Rowan County Rescue Squad; and

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143-318.11(a)(3) for attorney-client privileged communication regarding Tax Administration Foreclosures; and

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143-318.11(a)(1) to consider approval of the January 7, 2019 Closed Session minutes.

The Board returned to Open Session at 9:14 p.m. No action was taken.

11. ADJOURNMENT There being no further business to come before the Board, Commissioner Klusman moved to adjourn at 9:14 p.m. The motion was seconded

by Commissioner Caskey and passed unanimously.
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Respectfully Submitted,

Carolyn Barger, MMC, NCMCC Clerk to the Board

ROWAN COUNTY A COUNTY COMMITTED TO EXCELLENCE

130 West Innes Street - Salisbury, NC 28144 TELEPHONE: 704-216-8180 * FAX: 704-216-8195

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MEMO TO COMMISSIONERS:

FROM: Finance Department DATE: March 22, 2019 SUBJECT: Martin Starnes Associates - FY 2019 Audit Contract

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Please see the attached contract between Rowan County and Martin Starnes Associates, CPAs, P.A. for the fiscal year 2019 audit.

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Please approve the attached contract.

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ATTACHMENTS: Description Upload Date Type Martin Starnes Associates - FY 2019 Audit Contract 3/19/2019 Backup Material

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FY 2019 Single Audit Engagement Letter 3/26/2019 Cover Memo

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LGC-205 CONTRACT TO AUDIT ACCOUNTS Rev. 10/2018

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Page 1 of 8

The Governing Board

of Primary Government Unit

and Discretely Presented Component Unit (DPCU) (if applicable)

Primary Government Unit, together with DPCU (if applicable), hereinafter referred to as Governmental Unit(s)

and Auditor Name

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Auditor Address

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Hereinafter referred to as Auditor

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for Fiscal Year Ending Audit Report Due Date

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hereby agree as follows:

1. The Auditor shall audit all statements and disclosures required by U.S. generally accepted auditing standards (GAAS) and additional required legal

statements and disclosures of all funds and/or divisions of the Governmental Unit(s). The non-major combining, and individual fund statements and schedules shall be subjected to the auditing procedures applied in the audit of the basic financial statements and an opinion shall be rendered in relation to (as applicable) the governmental activities, the business- type activities, the aggregate DPCUs, each major governmental and enterprise fund, and the aggregate remaining fund information (non-major government and enterprise funds, the internal service fund type, and the fiduciary fund types).
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2. At a minimum, the Auditor shall conduct his/her audit and render his/her report in accordance with GAAS. The Auditor shall perform the audit in

accordance with Government Auditing Standards if required by the State Single Audit Implementation Act, as codified in G.S. 159-34. If required by OMB Uniform Administration Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) and the State Single Audit Implementation Act, the Auditor shall perform a Single Audit. This audit and all associated audit documentation may be subject to review by Federal and State agencies in accordance with Federal and State laws, including the staffs of the Office of State Auditor (OSA) and the Local Government Commission (LGC). If the audit requires a federal single audit performed under the requirements found in Subpart F of the Uniform Guidance ( 200.501), it is recommended that the Auditor and Governmental Unit(s) jointly agree, in advance of the execution of this contract, which party is responsible for submission of the audit and the accompanying data collection form to the Federal Audit Clearinghouse as required under the Uniform Guidance ( 200.512).
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If the audit and Auditor communication are found in this review to be substandard, the results of the review may be forwarded to the North Carolina

State Board of CPA Examiners (NC State Board).
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County and Multi-County Health Departments: The Office of State Auditor will require Auditors of these Governmental Units to perform agreed upon

procedures (AUPs) on eligibility determination on certain programs. Both Auditor and Governmental Unit agree that Auditor shall complete and report on these AUPs on
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0XVW EH ZLWKLQ IRXU PRQWKV RI )<(

Board of Commissioners

Rowan County, NC

NA

Martin Starnes Associates, CPAs, P.A.

730 13th Ave Dr SE, Hickory, NC 28602

06/30/19 10/31/19

LGC-205 CONTRACT TO AUDIT ACCOUNTS Rev. 10/2018

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Page 2 of 8

eligibility determination as required by OSA and in accordance with the instructions and timeline provided by OSA.

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3. If an entity is determined to be a component of another government as defined by the group audit standards, the entity s auditor shall make a good

faith effort to comply in a timely manner with the requests of the group auditor in accordance with AU-6 600.41 - 600.42.
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4. This contract contemplates an unmodified opinion being rendered. If during the process of conducting the audit, the Auditor determines that it

will not be possible to render an unmodified opinion on the financial statements of the unit, the Auditor shall contact the LGC staff to discuss the circumstances leading to that conclusion as soon as is practical and before the final report is issued. The audit shall include such tests of the accounting records and such other auditing procedures as are considered by the Auditor to be necessary in the circumstances. Any limitations or restrictions in scope which would lead to a qualification should be fully explained in an attachment to this contract.
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5. If this audit engagement is subject to the standards for audit as defined in Government Auditing Standards, 2011 revisions, issued by the

Comptroller General of the United States, then by accepting this engagement, the Auditor warrants that he/she has met the requirements for a peer review and continuing education as specified in Government Auditing Standards. The Auditor agrees to provide a copy of the most recent peer review report to the Governmental Unit(s) and the Secretary of the LGC prior to the execution of an audit contract. Subsequent submissions of the report are required only upon report expiration or upon auditor s receipt of an updated peer review report. If the audit firm received a peer review rating other than pass, the Auditor shall not contract with the Governmental Unit(s) without first contacting the Secretary of the LGC for a peer review analysis that may result in additional contractual requirements.
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If the audit engagement is not subject to Government Accounting Standards or if financial statements are not prepared in accordance with U.S.

generally accepted accounting principles (GAAP) and fail to include all disclosures required by GAAP, the Auditor shall provide an explanation as to why in an attachment to this contract or in an amendment.
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6. It is agreed that time is of the essence in this contract. All audits are to be performed and the report of audit submitted to LGC staff within

four months of fiscal year end. If it becomes necessary to amend this due date or the audit fee, an amended contract along with a written explanation of the delay shall be submitted to the Secretary of the LGC for approval.
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7. It is agreed that GAAS include a review of the Governmental Unit s (Units ) systems of internal control and accounting as same relate to

accountability of funds and adherence to budget and law requirements applicable thereto; that the Auditor shall make a written report, which may or may not be a part of the written report of audit, to the Governing Board setting forth his/her findings, together with his recommendations for improvement. That written report shall include all matters defined as significant deficiencies and material weaknesses in AU-C 265 of the AICPA Professional Standards (Clarified). The Auditor shall file a copy of that report with the Secretary of the LGC.
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8. All local government and public authority contracts for audit or audit-related work require the approval of the Secretary of the LGC. This

includes annual or special audits, agreed upon procedures related to internal controls, bookkeeping or other assistance necessary to prepare the Governmental Unit s (Units ) records for audit, financial statement preparation, any finance-related investigations, or any other audit- related work in the State of North Carolina. Invoices for services rendered under these contracts shall not be paid by the Governmental Unit(s) until the invoice has been approved by the Secretary of the LGC. (This also includes any progress billings.) [G.S. 159-34 and 115C-447] All invoices for Audit work shall be submitted in PDF format to the Secretary of the LGC for approval. The invoice marked approved with approval date shall be returned to
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LGC-205 CONTRACT TO AUDIT ACCOUNTS Rev. 10/2018

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Page 3 of 8

the Auditor to present to the Governmental Unit(s) for payment. Approval is not required on contracts and invoices for system improvements and

similar services of a non-auditing nature.
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9. In consideration of the satisfactory performance of the provisions of this contract, the Governmental Unit(s) shall pay to the Auditor, upon

approval by the Secretary of the LGC, the fee, which includes any costs the Auditor may incur from work paper or peer reviews or any other quality assurance program required by third parties (federal and state grantor and oversight agencies or other organizations) as required under the Federal and State Single Audit Acts. This does not include fees for any pre-issuance reviews that may be required by the NC Association of CPAs (NCACPA) Peer Review Committee or NC State Board of CPA Examiners (see Item 12).
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10. If the Governmental Unit(s) has/have outstanding revenue bonds, the Auditor shall submit to LGC staff, either in the notes to the audited

financial statements or as a separate report, a calculation demonstrating compliance with the revenue bond rate covenant. Additionally, the Auditor shall submit to LGC staff simultaneously with the Governmental Unit s (Units ) audited financial statements any other bond compliance statements or additional reports required by the authorizing bond documents, unless otherwise specified in the bond documents.
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11. After completing the audit, the Auditor shall submit to the Governing Board a written report of audit. This report shall include, but not be

limited to, the following information: (a) Management s Discussion and Analysis, (b) the financial statements and notes of the Governmental Unit(s) and all of its component units prepared in accordance with GAAP, (c) supplementary information requested by the Governmental Unit(s) or required for full disclosure under the law, and (d) the Auditor s opinion on the material presented. The Auditor shall furnish the required number of copies of the report of audit to the Governing Board upon completion.
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12. If the audit firm is required by the NC State Board, the NCACPA Peer Review Committee, or the Secretary of the LGC to have a pre-issuance review

of its audit work, there shall be a statement in the engagement letter indicating the pre-issuance review requirement. There also shall be a statement that the Governmental Unit(s) shall not be billed for the pre-issuance review. The pre-issuance review shall be performed prior to the completed audit being submitted to LGC Staff. The pre-issuance review report shall accompany the audit report upon submission to LGC Staff.
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13. The Auditor shall submit the report of audit in PDF format to LGC Staff when (or prior to) submitting the final invoice for services rendered.

The report of audit, as filed with the Secretary of the LGC, becomes a matter of public record for inspection, review and copy in the offices of the LGC by any interested parties. Any subsequent revisions to these reports shall be sent to the Secretary of the LGC along with an Audit Report Reissued Form (available on the Department of State Treasurer website). These audited financial statements, excluding the Auditors opinion, may be used in the preparation of official statements for debt offerings by municipal bond rating services to fulfill secondary market disclosure requirements of the Securities and Exchange Commission and for other lawful purposes of the Governmental Unit(s) without requiring consent of the Auditor. If the LGC Staff determines that corrections need to be made to the Governmental Unit s (Units ) financial statements, those corrections shall be provided within three business days of notification unless another deadline is agreed to by LGC staff.
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If the OSA designates certain programs to be audited as major programs, as discussed in Item 2, a turnaround document and a representation letter

addressed to the OSA shall be submitted to LGC Staff.
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14. Should circumstances disclosed by the audit call for a more detailed investigation by the Auditor than necessary under ordinary circumstances,

the Auditor shall inform the Governing Board in writing of the need for such additional investigation and the additional compensation required therefore. Upon approval by the
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LGC-205 CONTRACT TO AUDIT ACCOUNTS Rev. 10/2018

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Page 4 of 8

Secretary of the LGC, this contract may be modified or amended to include the increased time, compensation, or both as may be agreed upon by the

Governing Board and the Auditor.
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If an approved contract needs to be modified or amended for any reason, the change shall be made in writing, on the Amended LGC-205 contract form and

pre-audited if the change includes a change in audit fee SUH DXGLW UHTXLUHPHQW GRHV QRW DSSO\ WR FKDUWHU VFKRROV . This amended contract shall be completed in full, including a written explanation of the change, signed and dated by all original parties to the contract. It shall then be submitted to the Secretary of the LGC for approval. No change to the audit contract shall be effective unless approved by the Secretary of the LGC, the Governing Board, and the Auditor. A copy of the engagement letter, issued by the Auditor and signed by both the Auditor and the Governmental Unit(s), shall be attached to this contract, and shall be incorporated by reference as if fully set forth herein as part of this contract. In case of conflict between the terms of the engagement letter and the terms of this contract, the terms of this contract shall take precedence. Engagement letter terms that conflict with the contract are deemed to be void unless the conflicting terms of this contract are specifically deleted in Item 26 of this contract. Engagement letters containing indemnification clauses shall not be accepted by LGC Staff.
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Special provisions should be limited. Please list any special provisions in an attachment. A separate contract should not be made for each division

to be audited or report to be submitted. If a DPCU is subject to the audit requirements detailed in the Local Government Budget and Fiscal Control Act and a separate audit report is issued, a separate audit contract is required. If a separate report is not to be issued and the DPCU is included in the primary government audit, the DPCU shall be named along with the parent government on this audit contract. DPCU Board approval date, signatures from the DPCU Board chairman and finance officer also shall be included on this contract.
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The contract shall be executed, pre-audited SUH DXGLW UHTXLUHPHQW GRHV QRW DSSO\ WR FKDUWHU VFKRROV , and physically signed by all parties including

Governmental Unit(s) and the Auditor, then submitted in PDF format to the Secretary of the LGC.
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The contract is not valid until it is approved by the Secretary of the LGC. The staff of the LGC shall notify the Governmental Unit and Auditor of

contract approval by email. The audit should not be started before the contract is approved.
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Retention of Client Records: Auditors are subject to the NC State Board of CPA Examiners Retention of Client Records Rule 21 NCAC 08N .0305 as it

relates to the provision of audit and other attest services, as well as non-attest services. Clients and former clients should be familiar with the requirements of this rule prior to requesting the return of records.
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This contract may be terminated at any time by mutual consent and agreement of the Governmental Unit(s) and the Auditor, provided that (a) the

consent to terminate is in writing and signed by both parties, (b) the parties have agreed on the fee amount which shall be paid to the Auditor (if applicable), and (c) no termination shall be effective until approved in writing by the Secretary of the LGC.
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The Governmental Unit s (Units ) failure or forbearance to enforce, or waiver of, any right or an event of breach or default on one occasion or

instance shall not constitute the waiver of such right, breach or default on any subsequent occasion or instance.
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There are no other agreements between the parties hereto and no other agreements relative hereto that shall be enforceable unless entered into in

accordance with the procedure set out herein and approved by the Secretary of the LGC.
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LGC-205 CONTRACT TO AUDIT ACCOUNTS Rev. 10/2018

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Page 5 of 8

25. E-Verify. Auditor shall comply with the requirements of NCGS Chapter 64 Article 2. Further, if Auditor utilizes any subcontractor(s), Auditor

shall require such subcontractor(s) to comply with the requirements of NCGS Chapter 64, Article 2.
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