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7 <br /> Commissioner Yuhasz asked what would happen if Orange County did not adopt this and <br /> Frank Clifton said that everyone else would be in the game and Orange County would not. <br /> Commissioner Jacobs said that he empathizes with Commissioner Yuhasz' sentiment, <br /> and they are still in the negotiating stage, but Orange County needs to be at the table. <br /> VOTE: UNANIMOUS <br /> b. Piedmont Food &Agricultural Processing Center: Inter-local Agreement <br /> The Board considered approval of the Inter-local Cooperation Agreement governing <br /> startup management of the Piedmont Food &Agricultural Processing Center and authorizing the <br /> Chair to sign. <br /> Noah Rannells said that he came before the Board in January with a draft. This <br /> agreement has been reviewed by the four partner counties. He reviewed the highlights as shown <br /> in the abstract. <br /> The Inter-Local Agreement establishes a `project partnership' based upon the following <br /> premises: <br /> - The term of the agreement will be until June 30, 2015 unless terminated or extended <br /> by the four partner counties. <br /> - Orange County will be responsible for legal, day-to-day oversight, accounting, and <br /> personnel support for those non-permanent employee(s) that manage the project until <br /> it becomes a non-profit corporation <br /> - Orange County will be the lead grant recipient and administrator for grant funds <br /> including accounting and reporting requirements <br /> - Except in the case of revenue shortfall, financial aspects of the Center will not impact <br /> the Orange County budget. In case of revenue shortfall, 40% of the revenue shortfall, <br /> not to exceed $60,000 per year, will be charged to Orange County. Approval of the <br /> Inter-Local Agreement by Alamance, Chatham, and Durham counties will result in <br /> 60% of any revenue shortfall, not to exceed $90,000, be divided among the partner <br /> counties. These figures are based on a maximum operating budget of $150,000. <br /> - Any of the four partner counties can withdraw from the agreement with one year <br /> advance notice. If more than one partner county withdraws, the agreement shall <br /> terminate <br /> Chair Foushee asked staff to go over the three areas that are being changed - #6, <br /> Financial Support; #15, Personal Property; and #17, Rates, Fees, and Charges. <br /> County Attorney John Roberts said that there are four changes. The first change is a <br /> deletion of the third "Whereas" paragraph. This is a holdover for when this item was intended to <br /> go to a non-profit. <br /> He went through the remaining three changes (white sheet with colored highlights). Blue <br /> is from Chatham County, yellow is from Durham County, green is from Alamance County, and <br /> red is Orange County. <br /> The first change, "and no party shall have any obligation to make any payment during <br /> fiscal year 2010-11." This is regarding the fact that there are grant funds to cover any operating <br /> shortfalls for 2010-11. This was a change by Chatham County. <br /> Durham County made a change that June 1st is when the parties will get notification to <br /> make plans for payment by June 30th of any fiscal year. The effect of that is that Orange County, <br /> the Executive Director of the center, and the Manager will have to estimate probably two months <br /> of actual losses or revenues of the center. The next section, "such payment shall be made as a <br />