STANLY COUNTY BOARD OF COMMISSIONERS REGULAR MEETING AGENDA JANUARY 3, 2017 7:00 P.M.  CALL TO ORDER & WELCOME - CHAIRMAN LAWHON INVOCATION & PLEDGE OF ALLEGIANCE - CHAIRMAN LAWHON APPROVAL/ADJUSTMENTSTO1 THE AGENDA  SCHEDULED AGENDA ITEMS  1. CO-OPERATIVE EXTENSION - REQUEST APPROVAL OF A VOLUNTARY  AG DISTRICT APPLICATION  Presenter: Lori Ivey, Ag Extension Agent  2. SHERIFF'S OFFICE Presenter: Sherriff Burris  A. Recognition of Advanced and Intermediate Service Awards B. Request approval to apply for and receive funds from the 2016 Stanly County Internet Crimes Against Children grant program and approval - Request the Board reaffirm the Equal Employment Opportunity  ofa associated budget amendment # 2017-28.  Program.  3. BOARD & COMMITTEE APPOINTMENTS Presenter: Andy Lucas, County Manager A. SCUSA Transportation Advisory Committee B. Stanly Water & Sewer Authority  4. DCORGANZATION AND GOVERNANCE DISCUSSION Presenter: Andy Lucas, County Manager    5. CONSENT AGENDA  A. Minutes - Regular meeting of December 5, 2016. B. Central Admin - Request approval of a contract with Inter Technologies for replacement of the audio/visual system in the C. Stanly Community College Cosmetology Facility & Equipment Leases- D. Finance - Request approval of the Monthly Financial Report for Five E. Sheriff's Office - Request approval of budget amendment # 2017-26. F.E EMS- Request approval of budget amendment # 2017-27. 6. GREATER BADIN WATER & SEWER DISTRICT (GBWSD) = Request the Board convene as the GBWSD to approve the attached waterline easement in Badin and Language Access Plan.  Commons Meeting Room.  Request approval of attached lease agreements.  Months Ended November 30, 2016.  PUBLIC COMMENT  BOARD COMMENTS, ANNOUNCEMENTS & COMMITTEE REPORTS  CLOSED SESSION: To discuss a real estate transaction in accordance with G.S. 143-318.11(a)(5) and economic development in accordance with G.S. 143-  318.11(a)(4). ADJOURN  The next regular meeting is scheduled for Tuesday,lanuary 17"h at 7:00 p.m.    Stanly County Board of Commissioners  STANU)COUNTY Meeting Date: January 3, 2017  I X  Presenter: Lori Ivey  MaefaluSat.  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD Document Camera** Laptop*** *PCise equipped with Windows XP: and Microsoft Office XP (including' Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ify you! have need to use the Document Camera and zoom into a particular area, ifp possible please attach ac copy oft the document with the: areai indicated  Please Provide a Brief Description ofyour Presentations format: that you need toz zoomi into. AI laser lighti is available to pinpoint your area ofp projection. *** You can bringi ins a laptop that will allow video out to be connected at the lectern- set display to 60Mhz.  for County Employees.  ITEM TO BE CONSIDERED  Approval of Voluntary Ag District Application for Wayne Sasser  Signature: Date: 12-16-V14  Dept. Attachments:  Yes Certification of Action Certified to be atrue of the action taken the copy County Board ofCommissioners on  No  X  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  by Stanly  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    Stanly County Board of Commissioners  STANL)COUNTY Meeting Date: January 3,2017  Presenter: Sheriff Burris  2A  MerAalSun.  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD Document Camera** Laptop*** *PCis equipped with Windows XP and Microsoft Office, XP( (including' Word, Excel, andl PowerPoint), Internet connectivity and Network connectivity ** Ifyoul have need to use the Document Camera and: zoom into a particular area, ifp possible please attachs a copy of the document with the areai indicated  Please Provide al Brief Description of your Presentations format: that you need toz zoom into. A laser lighti is available toy pinpoint your area ofp projection. *** You can bringi ins al laptopt that will allow. video out to be connected: at the lectern set display to6 60Mhz.  for County Employees.  ITEM TO BE CONSIDERED  RECOGNITION OF ADVANCED AND INTERMEDIATE SERVICE AWARDS  No Board action required.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified to bea at true copy of the action taken by the Stanly County Board of Commissioners on  No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    Stanly County Board of Commissioners  STANLY) COUNTY Meeting Date: January 3,2017  Presenter:  2B/C  Stanly County Sheriff's Office  Watr An ldSa.  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD Document Camera** Laptop*** *PCise equipped with' Windows! XP and Microsoft Office XP (including Word, Excel, and! PowerPoint), Internet connectivity and Network connectivity ** Ifyoul have need to use the Document Camera and zoomi into: a particular area, ifp possible please attach a copy oft the document with the: areai indicated  Please Provide: a Brief Description ofy your Presentations format:Verbal that you need toz zoomi into. A laser light is available to pinpoint your area of projection. *** You can! bringi ina a laptop that will allow video out to be connected at the lectern- set display to6 60Mhz.  for County Employees.  ITEM TOBE CONSIDERED  The Stanly County Sheriff's Office is in the process of joining the Internet Crimes Against Children (ICAC) task force. The Sheriff's Office is also in the process of applying for a grant from the Department of Public Safety. This would allow for the training of personnel and purchase of necessary equipment to investigate, prosecute, and convict subjects engaging in trading, producing, or possessing child pornography. The grant titled the 2016 Stanly County Internet Crimes Against Children (ICAC) would allow for approximately $40,000.00 of equipment and training to be purchased for use by the Sheriff's Office, This grant requires that the purchase be made up front by the County, but is a zero match grant which means the County will be fully  reimbursed for the expenses.  The Sheriff's Office would ask the Commissioners to approve this grant request and allocate the The Sheriff's Office would also request that the Commissioners re-vote the Equal Employment Opportunity Program to give it a current date, which qualifies the County to receive the grant.  funds needed to make the initial purchases while waiting for reimbursement.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified to bea a true copy of thea action taken by the Stanly County Board of Commissioners on  No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    12/27/2016  Stanly County, NC Mail- Agendal Items  STANLY COUNTY lare rn Lank She Agenda Items 21 messages  Tyler Brummitt torummitt@stanlycountync.gov,  Tyler Brummitt tbrummit@stanlycountync.gov> To: Department Heads deparmentneats@stanycounyne.gov>  Mon, Dec 12, 2016at9:23AM  Good morning,  lfy you have an agenda item for the next commissioners meeting on Tuesday, January 3rd, please have it to me by  Tuesday, December 27th at 5:00 p.m. If you have any questions, please let me know.  Thanks, Tyler  Kathy Speights kspeights@stanlycountync.gov> To: Tyler Brummitt tbrummit@stanlycountync.gov>  Mon, Dec 19, 2016 at 10:05 AM:  Morning,  Ihave a couple questions. We have a situation coming up with a grant and we need to get on the agenda for the 1/3/17 meeting. I am not sure what Ineed to do to ensure we have that place as I have never had to do this before. Detective Miller will have all the necessary paperwork to you by the above deadline but just want to be sure of what I need to do to ensure he has a opportunity to present this sO it can be voted on so we can: apply for the grant before the deadline.  Thank you for your help Kathy [Quoted text hidden] Kathy Speights Stanly County Sheriff's Office Administrative Specialist 704-986-3720  tps/mailgpogecom'maina-2sk-iakansewpyispeysMBtarypanyeregwagrrusardmg.yeP-leprt262786siml-15806. 1/1    Office of the Sheriff Stanly County Sherifi's Office GEORGE T. BURRIS, Sheriff 223S. Second Street Albemarle, NC: 28001 Phone 704)986-3714 Fax (704)986-3733  BURRIS  County Commissioners  Since January of 2013, investigators with the Stanly County Sheriff's Office have utilized forensic hardware and software to investigate digital crimes within their jurisdiction. They have also utilized this material to assist the seven other law enforcement agencies located in the county as requested. Since December of 2013, Sgt. George Miller has utilized this material to assist with over 80 cases; many of which contained numerous electronic devices resulting in convictions in State and Federal court. With the change in technology, law enforcement is seeing an increased amount of traffic in the production The Sheriff's Office must evolve technologically, to meet the threat to children, and is currently having trouble with the materials available. The 2016 Stanly County Internet Crimes Against Children (ICAC) project will begin with the Sheriff's Office joining the ICAC task force. This grant will allow for the purchase of materials and training necessary to quickly and correctly investigate these criminals to get them off the streets. This grant will be used to service the estimated 60,000 citizens of Stanly County and to prosecute the guilty parties without burdening the State Lab, which is years behind processing digital evidence. There are many cases where an arrest is not possible until the evidence is processed, and allowing someone guilty of these types of crimes to walk The Stanly County Internet Crimes Against Children project will rely heavily on this grant to begin and function as designed. The material already utilized byi investigators for mobile phone investigations is currently out of date by forensic standards and does not meet the needs of the office in analyzing current mobile phone devices. The following are the items and explanations for their use being requested for the project.  and distribution of child pornography.  free for years and pursue other victims is unacceptable.  Training:  Two investigators attending ICAC investigative techniques in Raleigh, North Carolina- this will require a hotel room and food for both investigators for 5 days. One investigator attending ICAC UNIT supervisor training in Alexandria, Virginia- this will require a plane ticket, hotel room, and food for the investigator for 5 days.    Office of the Sheriff Stanly County Sheriff's Office GEORGE T. BURRIS, Sheriff 223 S. Second Street Albemarle, NC: 28001 Phone (704)986-3714 Fax (704)986-3733  BURRIS ERIF  Equipment:  Cellebrite UFED touch 2- this terminal by Cellebrite utilizes the current forensic technology to gain access to most mobile devices and allows the investigator to quickly Cellebrite yearly license renewal for three years- this will allow the terminal to have Cellebrite training course- this will allow Sgt. Miller to be certified in the operation and Blackbag software Mobilize- this software is another tool necessary in obtaining digital evidence from mobile devices that may not be supported or recognized by Cellebrite. Blackbag yearly license renewal for three years- this will allow the software to have. Forensic Recovery of Evidence Device (FRED)- this forensic tower utilizes forensic software to image and process digital evidence in a manner allowing it to be presented HP laptop computer, which will allow the ICAC investigator to access and utilize Cannon Vixia camcorder, which will allow interviews with suspects to be recorded as The listed training will allow the investigators to properly utilize the ICAC resources and investigate the criminal activity using all up to date techniques. The listed equipment will significantly raise the technological ability of the Sheriff's Office and assist them greatly inj providing the best possible service to the 60,000 residents of Stanly County. It will also reduce the wait times for evidence to be processed and relieve the. burden to the SBI who currently is responsible for investigating all ICAC matters in Stanly County. The Sheriff's Office will utilize this equipment to work with agents with the SBI and all officers who request assistance with investigating any reported sexual abuse locally, nationally,  access and preserve the digital evidence within.  updates for the next four years ending in December of 2020. acquisitions of devices using the UFED touch 2.  updates for the next four years ending in December of 2020.  ino court.  different websites in the performance of his duties.  required by state law.  and worldwide.    Office of the Sheriff Stanly County Sheriff's Office GEORGE T. BURRIS, Sheriff 223 S. Second Street Albemarle, NC: 28001 Phone (704)986-3714 Fax (704)986-3733  o  The fight to protect our children is ongoing. The Stanly County Sheriff's Office is determined to be in the forefront of this fight, but needs assistance to be able to do sO. This grant would allow the Stanly County Sheriff's Office to function as a proper ICAC unit without being entirely dependent on the NC SBI. This grant will make the Stanly County Sheriff's Office stronger, as well as the other seven agencies in our jurisdiction. The items and training listed in this grant are what are required to make Stanly County a stand alone ICAC unit that is able to investigate, prosecute, and convict the criminals This grant is completely funded. by the State and requires no compensation at all from Stanly County. The funds will have to be provided up front; however, all money will be returned to the county by July 2017. Thank your for your time and consideration.  committing these heinous acts.  The following items will be funded by the grant: 1) Assorted cables required for phone acquisition 2) Black bag software Mobilize with 2 year license  $400.00 $1,544.97 $1,200.00 $475.17 $10,499.00 $8,522.22 $3,290.00 $11,399.00 $780.00 $1,500.00 $2,200.00 $1,000.00 $42,810.36.  3) Blank hard drives 4) Canon Vixia Camcorder 5) Cellebrite UFED touch 2  6) Cellebrite license renewal for 3 years  7) Cellebrite training  8) Forensic Recovery of Evidence Device computer  9) HP laptop  10) Two investigators to ICAC IT in Raleigh 11) One investigator to ICAC supervisor training in VA 12) One investigator to ICAC conference in Atlanta  The total of the funds requested is    Revised 07/07/2003  AMENDMENTI NO: 2017-28  STANLY COUNTY-BUDGET AMENDMENT  BE IT ORDAINED byt the Stanly County Board of Commissioners that the following amendment be made  to the annual budget ordinance for the fiscal year ending June 30, 2017: To amend the General Fund 110, the expenditures are to be changed as follows:  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED 7,500 $ 12,923 $ 20,423  FUND/DEPART ACCOUNT NUMBER 110.4310.4310 110.4310.4310 110.4310.4310  ACCOUNT DESCRIPTION  AS 17,393 36,152  NUMBER  291.000 Data Processing Supplies $ 312.000 Training 520.000 Data Processing Equip  9,403 14,254  7,990 21,898  TOTALS  31,157 $ 42,811 $ 73,968  This budget amendment is justified as follows: This willr resulti in a net increase  To amend thel budget fort the Sheriffs Office with a grant from the Governor's Crime Commission. The name oft the budget. To provide the additional revenue for the above, the following revenues will be increased. These revenues have already been received or are verified they will be received int this fiscal year.  project is 2016 Stanly County Internet Crimes Against Children (ICAC).  $ 42,811 in expenditures and other financial use to the County's annual  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $ $  FUND/DEPART ACCOUNT NUMBER 110.3431  ACCOUNT DESCRIPTION  AS  NUMBER  330.70 Governor's Crime Grant  $ 42,811 $ 42,811 9 42,811 $ 42,811  TOTALS  SECTION2. Copies of this amendment shall be furnished to the Clerk of the Board of Commissioners,  Budget Officer, andt to the Finance Director.  Adopted this_  day of  20_  Verified byt the Clerk oft the Board #E  12/zelic Date 16-228-16 Date Date  Posted by Journal No. Date  Reviewed by County Manager  12/28/2016 8:36A AM  BA2017-28    Stanly County Board of Commissioners  SIANICOUNTY Meeting Date: January 3,2017  X  Presenter: Andy Lucas, County Manager  Water An luds Sarcese.  3A  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD L Document Camera** Laptop*** *PCise equipped with Windows XPa and! Microsoft Office XP( (including' Word, Excel, and PowerPoint), Internet connectivity andi Network connectivity ** Ifyoul have need tou use the Document Camera andz zoomi intos a particular area, if possible please attacha copy of the document with thes areai indicated  Please Provide: al BriefDescription of your Presentations format:_ that you need toz zoom into. AI laser lighti isa available tor pinpoint your area of projection. *** You can bringi inal laptopt that willa allow video out tol be connected att the lectern- set display to 60Mhz. Transportation Advisory Board appointments: 1) Locust Town Administrator, Cesar Correa Term: January 2017-December 2018 Replacement for: Tim Fesperman Term: January 2017-December 2018 Replacement for: Dr. Terry Griffin 3) Garry Lewis, General Public Term: January 2017-December 2018 Replacement for: N/A (vacant)  for County Employees.  ITEM TO BE CONSIDERED  2) Stanly County Schools Superintendent, William (Bill)Josey  Appoint Cesar Correa (Locust Town Administrator), Bill Josey (Stanly County Schools Superintendent), and Garry Lewis to the SCUSA Transportation Advisory Board fora term of  two years.  Signature: Limclu mopt  Dept. Transportechon  Date: 12/14/16  Attachments:  Yes X Certification of Action Certified to be atrue copy of the action taken the County Board of Commissioners on  No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  byt Stanly  Budget Amendment Necessary  Tyler Brummitt, Clerk tot the Board Date    SCUSA Transportation Advisory Committee  2016-2017 (Active Members)  Tammy Albertson - Partnership for Children / Smart Start  Kathy Almond - Chamber of Commerce Rod Barbee - Veterans Services Bryan Bowles - Government Staff Deloris Chambers - Elected Official Tate Daniels - Elected Official Benton Drye - Elected Official Beth Harkey = Mental Health Cary Hathcock - Public Member, / Other Dennis Joyner - Human Service, / Other Chris Lambert - Other Donald Lind - Human Service/Other Robin McCree- College University Frankie Morton - Employment Security Commission Tammy: Schrenker- - Social Services Brian Simpson - EMS Dana Stoogenke - RRRPO Mary Walls-V Vocational Rehab Becky Weemhoff-Social Services    Stanly County Board of Commissioners  STANL)COUNTY Meeting Date: January 3, 2017  Presenter: Andy Lucas  3B  MerAaluds Saccer,  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD - Document Camera** Laptop*** *PCis equipped with Windows XP: and Microsoft Office XP (including' Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ifyoul have need to use the Document Camera and zoom into a particular area, if possible please attach a copy oft the document with the area indicated  Please Provide a Brief Description ofyour Presentations format:_ that you need to: zoom into. AI laser lighti isavailable to pinpoint your area ofp projection. *** You can! bringi inal laptop that will allow video out to be connected att thel lectern set display to6 60Mhz.  for County Employees.  ITEM TO BE CONSIDERED  STANLY WATER & SEWER AUTHORITY BOARD APPOINTMENTS  Please see the attached email regarding appointments to the Stanly Water & Sewer Authority.  Enclosed is one volunteer application for your consideration.  Request the Board appointreappoint four (4) members to the SWSA with each to serve a three (3)  year term until January 3, 2020.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified to be a true copy oft the action taken by the Stanly County Board of Commissioners on  No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    12/13/2016  Stanly County, NC Mail Fwd: Stanly Water and Sewer Authority BoardA Appointments  STANLY) COUNTY Knn fn Lind. Sae 1message  Tyler Brummitt trummitt@stanlycountync.gov,  Fwd: Stanly Water and Sewer Authority Board Appointments  Andy Lucas auca@tanycoamynegpe To: Tyler Brummitt <tbrummit@stanlycountync.gov> FYI. January 3 agenda item. Thank you.  Tue, Dec 13, 2016at3:23PM  Andy Lucas Stanly County Manager 704-986-3600 (office). 704-984-1258 (cell) lucas@samycounynegor  STANLDCOUNTY an LTAD ISA Méter Ain Lant SRBCecE, Forwarded message From: Donna Davis wadycaycgwe Date: Tue, Dec 13, 2016 at 3:18 PM Subject: Stanly Water and Sewer Authority Board Appointments To: Andy Lucas auc@lnycamymegpe  Andy,  The following members of the Stanly Water and Sewer Authority Board have terms expiring soon. l'am requesting that  the Board of Commissioners consider appointments to this Board.  Mr. Gareth Smith expires 12/16 Mr. Bill Rigsbee expires 1/17 Mr. Josh Morton expires 1/17 Mr. Terry Blalock expires 1/17  Our next scheduled meeting is February 14, 2017. will canvas the current Board about their willingness to continue  service. Donna Davis Stanly. County Utilities 1000 N 1st Street Suite 12 Albemarle, NC: 28001 (704) 986-3686  paslmalggecomimalin-2sk-TlisadansMewplsdhitoan-isastsrkausiml-is8abss03  1/1    Revised 10/19/2007  Stanly County Board of Commissioners  Meeting Date  January 3, 2017 Andy Lucas, County Manager ITEMTOI BE CONSIDERED  4  STANL)COUNTY  Consent Agenda Regular Agenda  WatrAal Lurd Sacceer, Presenter:  EDC Organization and Governance Discussion  There has been discussion and debate regarding the existing EDC organizational and governance structure. Staffi is seeking additional guidance so recruitment of new personnel can commence as: soon as possible.  Review and discussion options  Signature: Date: 12/29/16  Andy Lucas  Dept Central Administration Attachments:  Yes Certification of Action Certified to be a true copy of the action taken the County Board of Commissioners on  X No  Review Process  Approved Yes No Initials  Director Finance Budget Amendment Necessary County Attorney County Manager Other:  by Stanly  Tyler Brummitt, Clerk tot the Board  Date    Stanly County Board of Commissioners  STANU)COUNTY Meeting Date: January 3, 2017  5  Presenter: Chairman Lawhon  Wéen An Ler,s Saccest.  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD - Document Camera** Laptop*** *PCis equipped with Windows XPa and Microsoft Office XP (including' Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ifyou) have need to use the Document Camera and zoom into a particular area, ifp possible please attacha a copy oft the document with the areal indicated  Please Provide: al Brief Description of your Presentations format: that you need toz zoomi into. AI laser lighti is available to pinpoint your area of projection. *** You can bringi ins a laptop that will allow video out tol be connected: at the lectern- set display to 60Mhz.  for County Employees.  ITEM TO BE CONSIDERED  CONSENT AGENDA  A. Minutes - Regular meeting of December 5, 2016. audio/visual system in the Commons Meeting Room.  B. Central Admin = Request approval of a contract with InterT Technologies for replacement of the C. Stanly Community College Cosmetology Facility & Equipment Leases - Request approval of D. Finance - Request approval of the Monthly Financial Report for Five Months Ended November 30,  attached lease agreements.  2016.  E. Sheriff's Office - Request approval of budgetamendment #: 2017-26. F. EMS-F Request approval of budget amendment # 2017-27.  Request approval of the above items.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified to bea a true oft the action taken the copy County Board of Commissioners on  No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  by Stanly  Budget Amendment! Necessary  Tyler Brummitt, Clerk tot the Board  Date    5A  STANLY COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES DECEMBER 5, 2016  COMMISSIONERS PRESENT:  Bill Lawhon, Chairman Joseph Burleson, Vice Chairman Scott Efird Janet K. Lowder Gene Mcintyre Ashley Morgan Matthew Swain None  COMMISSIONERS ABSENT: STAFF PRESENT:  Andy Lucas, County Manager Jenny Furr, County Attorney Tyler Brummitt, Clerk  REORGANIZATIONAL MEETING  CALL LTOORDER  The Stanly County Board of Commissioners (the "Board") met in regular session on Monday, December 5, 2016 at 7:00 p.m. in the Commissioners Meeting Room, Stanly Commons.. The County Manager, acting as temporary chairman, called the meeting to order for the purpose of SWEARING IN CEREMONY & OATHS OF OFFICE FOR NEWLY ELECTED COUNTY Mr. Ashley Morgan and Mr. Matthew Swain participated in a swearing in ceremony where each took their oaths of office. Commissioner Morgan's oath was given by Representative Justin Burr and Commissioner Swain's by Clerk of Superior Court Michael Huneycutt.  reorganization of the Board pursuant to NCGS 153A-39.  COMMISSIONERS  ELECTION OF CHAIRMAN  The County Manager opened the. floor for nominations for chairman for 2017 in accordance with NCGS 153A-39. Commissioner Efird nominated Commissioner Lawhon. Commissioner Lowder moved to close the nominations and was seconded by Commissioner Efird.. The motion  Page 1 of8    carried by a 6-1 vote with Commissioner McIntyre voting against. The County Manager  congratulated Chairman Lawhon and turned the proceedings over tol him.  ELECTION OF VICE CHAIRMAN  Chairman Lawhon opened the floor for nominations for Vice Chairman pursuant to NCGS 153A- 39. Commissioner Mcintyre nominated Commissioner Burleson for Vice Chairman. Commissioner McIntyre then moved to close the nominations and declared Commissioner  Burleson Vice Chairman by acclamation.  APPROVAL OF BONDS  Chairman Lawhon called for a motion to approve the following public official bonds:  Bond Type  Amount $150,000 $ 5,000  Expiration Date October 28, 2017 June 30, 2017 December 1, 2017 December 1, 2017  Tax Administrator (Clinton Swaringen) $100,000 Register of Deeds (Suzanne Lowder) $ 50,000  Finance Officer (Toby Hinson) Sheriff (George Burris)  By motion, Vice Chairman Burleson moved to approve the public bonds as presented and was  seconded by Commissioner Efird. Motion carried with a7-Ovote. Commissioner Lowder presented the following slate of nominees:  BOARD & COMMITTEE ASSIGNMENTS FOR: 2017  Chairman, Economic Development Commission Alternate, Economic Development Commission  Jann Lowder Bill Lawhon Jann Lowder Gene McIntyre Ashley Morgan Ashley Morgan Scott Efird Matthew Swain  Member, Board of Health Member, Social Services Board Member, Library Board ofTrustees Member, Airport Authority Alternate, Airport Authority Chairman, Fire District Commission  Page 2of8    Member, Senior Services Board  Gene Mcintyre Matthew Swain Joseph Burleson Joseph Burleson Scott Efird Billl Lawhon Ashley Morgan  Member, Rural Transportation Planning Organization (RPO) Alternate, Rural Transportation Planning Organization (RPO) Member, Stanly' Water & Sewer Authority Alternate, Stanly' Water & Sewer Authority Member, Centralina Council of Governments Alternate, Centralina Council of Goverr.ments  Commissioner Lowder then moved to accept the assignments as read. Chairman Lawhon called for discussion. Commissioner Mcintyre stated that although he will be voting against the assignments as presented, he looks forward to serving on the committees he will be appointed to. With no further discussion, Chairman Lawhon called for the vote. The motion passed bya6  -1vote. (Commissioner Mcintyre voted against.) CREATION OF AI REGULATORY REFORM COMMITTEE  Commissioner Morgan moved to create a regulatory reform committee to consider ways to better utilize the county's resources with Vice Chairman Burleson, Commissioner Swain and himself agreeing to serve on it. Commissioner Mcintyre seconded the motion.  Commissioner Lowder requested Commissioner Morgan consider tabling this item until the Board's planning retreat in February to allow for more in depth discussion at that time. Vice Chairman Burleson responded that waiting to begin the process does no one any good and that the Board should move forward with forming the committee. Commissioner Lowder responded stating that the retreat in February will address the request in a timely manner and provide an opportunity for other Board members to address any concerns they may have. She added that she is not against forming the committee, but feels the retreat would be a more appropriate time to discuss it. Vice Chairman Burleson noted that the committee would have no authority to take action, but would bring recommendations back to the full Board for discussion. With three (3) Board members serving on the committee, Commissioner Lowder stated that the public may have an interest in being represented as well. In response, Commissioner Morgan added that once established he hopes to have 2 contractors (one  residential and one commercial) participate on the committee as well.  Page 3of8    At the Chairman's request, Commissioner Morgan restated the motion to request approval to create a regulatory reform committee with Vice Chairman Burleson, Commissioner Swain and himself serving on it. For clarification, Commissioner Lowder asked if the committee will be a utility regulatory reform committee to which Commissioner Morgan replied yes.  With a motion and a second, Chairman Lawhon called for the vote. The motion carried by a 4- Ayes: Vice Chairman Burleson, Commissioner Mcintyre, Commissioner Morgan, Commissioner  3vote. Swain  Nos: Chairman Lawhon, Commissioner Efird, Commissioner Lowder APPROVAL OF THE 2017 REGULAR MEETING SCHEDULE  Chairman Lawhon presented the following meeting dates for approval based on the first and third Mondays of each month with the exception of June, July, August, September and December when only one meeting is held. Meetings will be held in the Commons Meeting  Room, Stanly Commons at 7:00 p.m. Tuesday, January 3rd and Tuesday, January 17th" Monday, February 6"h and Monday, February 20th Monday, March 6th and Monday, March 20th Monday, April 3rd and Monday, April 17th Monday, May 15th (May1r meeting was cancelled)  Monday, June 5th Monday, July 10th Monday, August7th Tuesday, September 5th** Monday, December 4th  Monday, October 2"d and Monday, October 16th Monday, November 6th and Monday, November: 20th  Commissioner Mcintyre requested the schedule be amended to include only one meeting in May and recommended the May 15th meeting be cancelled. Vice Chairman Burleson requested Commissioner Mcintyre amend the motion to cancel the May 1* meeting instead since staff will be in the process of preparing the proposed budget with plans to present it to the Board at the second meeting in May. Commissioner Mcintyre agreed to amend the motion as requested. By motion, Commissioner Mcintyre then moved to approve the amended schedule to include one meeting in May on the 15th. The motion was seconded by Vice Chairman Burleson and  passed by unanimous vote.  Page4of8    ANNOUNCEMENT  Chairman Lawhon announced that during any regular meeting of the Board, the County Commissioners in order to act in their capacity as Board of Governors for the Greater Badin Water & Sewer District, or for the Piney Point Water District may, in their discretion, recess a Commissioners' regular meeting and reconvene as the Board of Governors of either of the above two entities in order to conduct business matters related to that entity. The Chairman  then stated that this concluded matters related to the reorganization.  INVOCATION & PLEDGE OF ALLEGIANCE  The invocation and pledge of allegiance was led by Commissioner Lowder.  APROVAL/ADINSTIMENIS TO THE AGENDA  Vice Chairman Burleson moved to amend the agenda to add the following: two budget amendments for the Sheriff's Office # 2017- 24 and # 2017-25 as consent items # 6(E) and # 6(F) and a closed session for economic development in accordance with G.S. 143-318.11(a)4). The motion was seconded by Commissioner Lowder and passed by unanimous vote.  SCHEDULED AGENDA ITEMS  TEM#1-WREATHS ACROSS AMERICA Presenter: John Welsh  Mr. Welsh gave a brief presentation on the "Wreaths Across America" annual tribute in honor of United States veterans and extended an invitation to the Board for the upcoming ceremony  at Liberty Gardens on December 17"h. No Board action was required.  TEM#2-ANNUAL, AUDIT PRESENTATION FOR YEAR ENDED JUNE 30, 2016 Presenter: Ko-Tang Cha Moses, Audit Manager for Martin Starnes & Associates Ms. Cha-Moses provided an overview of the 2016 Comprehensive Annual Financial Report stating that Martin Starnes & Associates had issued an unmodified opinion stating there were no significant findings, questioned costs, material weaknesses or deficiencies noted. The final audit was submitted to the Local Government Commission earlier that day with a response After a brief period of questions, Commissioner Efird moved to accept the audit as presented and was seconded by' Vice Chairman Burleson. The motion passed by a7-Ovote. ITEM#3-4 ALBEMARLE TO NCHWY 200 WATERTRANSMISSION MAIN PROJECT RESOLUTION  expected over the next few weeks.  Presenter: Andy Lucas, County Manager  Page 5 of8    The County Manager noted that a previous Board had approved a resolution seeking federal legislative support for the above project in December 2014. However, given there is now a new Board in place, it was recommended the Board consider reaffirming their support ofthe project via resolution. It was noted that the US Army Corps of Engineers is the lead agency for the project with federal funding expected to cover 75% of the anticipated $9 million project cost. The County previously committed the required 25% match (or $2 million) which will also be Vice Chairman Burleson moved to adopt the resolution and was seconded by Commissioner  reaffirmed with the new resolution.  Mcintyre. The motion carried by unanimous vote.  See Exhibit A RESOLUTION  Albemarle to NCI Hwy 200 Water Transmission Main Project  ITEM # 4 - SELECTION OF A VOTING DELEGATE FOR THE 2017 LEGISLATIVE GOALS Itwas requested the Board designate a voting delegate for the conference to be held on January 12-13, 2017 at the Raleigh Marriott Crabtree Valley in Wake County. Vice Chairman Burleson noted his willingness to serve. Commissioner Efird then moved to appoint Vice Chairman Burleson as the delegate for Stanly County and was seconded by  CONFERENCE  Presenter: Andy Lucas, County Manager  Commissioner Mcintyre. The motion passed witha7-Ovote.  ITEM#5-1 MANDATORY CODE OF ETHICS Presenter: Andy Lucas, County Manager  Per NCGS 160A-86, the County must reaffirm its code of ethics by December 315t of each year. The code was included in the Board's agenda packets for their review and consideration. By motion, Vice Chairman Burleson moved to reaffirm the code of ethics as requested. The motion was seconded by Commissioner Mcintyre and carried by unanimous vote.  See Exhibit B Code of Ethics  Stanly County Board of Commissioners  ITEM#6-C CONSENT AGENDA Presenter: Chairman Lawhon  A. Minutes - Regular meeting of November 21, 2016. B. Finance = Request approval oft the attached vehicle tax refund report. . Utilities - Request approval of budget amendment # 2017-22. D. Health Dept. - Request approval of budget amendment # 2017-23.  Page 6of8    E. Sheriff's Office - Request approval of budget amendment # 2017-24. F. Sheriff's Office - Request approval of budget amendment #2017-25.  Vice Chairman Burleson moved to approve the consent agenda as amended and was seconded  by Commissioner Lowder. Motion passed unanimously.  PUBLIC COMMENT  Richard Huneycutt updated the Board on the repairs made to five of his rental properties in order to try and bring them into compliance with the County's minimum housing code. With the 90 days he was given to complete the repairs ending December 3rd, he requested the Board grant him additional time to have the electrical repairs completed by an electrician. Chairman Lawhon reminded Mr. Huneycutt that during public comment the Board is not required to respond to questions and directed him to contact the Planning Department with Phil Burr noted a recent segment on 60 Minutes related to economic development and encouraged the Board to consider a different approach to economic development versus what  the request.  has been done ini the past.  BOARD COMMENTS, ANNOUNCEMENTS & COMMITTEE REPORTS  Commissioner Morgan stated that he looks forward to working with the Board members in the Commissioner Swain thanked the citizens for the opportunity to serve as a county Chairman Efird congratulated Commissioners Morgan and Swain on their recent election and Commissioners Lawhon and Burleson for being elected as chairman and vice chairman for 2017. Commissioner Lowder wished everyone a Merry Christmas and safe travels during the holiday.  future.  commissioner and looks forward to working with the Board as well.  He also wished every a Merry Christmas.  Commissioner McIntyre wished everyone a Merry Christmas.  Vice Chairman Burleson congratulated Commissioner Lawhon on his election as chairman and Commissioners Morgan and Swain as county commissioners. He also congratulated Melvin Poole, Ryan Mcintyre and Glenda Gibson on their election to the school board and wished Chairman Lawhon congratulated Commissioner Burleson on his election as vice chairman and reiterated previous comments congratulating Commissioners Morgan and Swain. He also stressed the importance of each Board member attending the meetings of the boards and  everyone a Merry Christmas.  committees they are assigned to.  Page7of8    CLOSED SESSION  Vice Chairman Burleson moved to recess the meeting into closed session to discuss economiç development in accordance with G.S.1 143-318.11(a)4). The motion was seconded by  Commissioner Efird and carried by unanimous vote at 8:02 p.m.  ADJOURN  With no further discussion, Vice Chairman Burleson moved to adjourn the meeting, seconded by Commissioner Mcintyre. The motion passed by a 7-Ovote: at 8:18 p.m.  Bill Lawhon, Chairman  Tyler Brummitt, Clerk  Page 8 of8    Revised 10/19/2007  Stanly County Board of Commissioners  Meeting Date  January 3, 2017 Andy] Lucas, County Manager ITEM' TOI BE CONSIDERED  5B Consent Agenda Regular Agenda  STANL)COUNTY  WerAalaSea Presenter:  Audio/Visual System Replacement - Contract Approval (Consent Agenda)  Staffi received three (3) responses to the formal Request for Proposals (RFP) for the replacement oft the audio/visual equipment in the Commissioners Meeting Room. All three (3) firms have al business presence Thel bids ranged from $106,000 to $166,000. Thel lowest bid vendor's quote was based on some equipment that did not match the RFP specifications. The high bid vendor exceeded the $150,000 project budget. As such, staffi ist recommending the approval ofa a contract with the vendor (Inter Technologies) who met all of the RFP: specifications and submitted al bid amount of$125,000. This vendori is based in Franklinton, NC.  in North Carolina.  Review and consider approval of a contract with the recommended vendor (Inter Technologies).  Signature: Date: 12/8/16  Andy Lucas  Dept Central Administration Attachments:  Yes Certification of Action Certified tol beat true copy oft the action taken by the Stanly County Board of Commissioners on  XI No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    Stanly County Board of Commissioners  STANI)COUNTY Meeting Date: January 3, 2017  50  Presenter:  MenfaldSea. Provide Please for County Employees.  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD I Document Camera** *PCise equipped with Windows XP: and Microsoft Office XP (including) Word, Excel, and PowerPoint), Internet connectivity and Network ** Ifyou! have need to use the Document Camera and zoomi into a particular area, ifp possible please attacha copy oft the document with the indicated  Laptop*** connectivity areai  a BriefDeseription of your Presentations format:  that you need toz zoomi into. AI laser lighti is available top pinpoint your area ofp projection. *** You can bring ins al laptop that will allow video out to! bec connected att the lectern set display to6 60Mhz.  ITEM TO BE CONSIDERED  Stanly Community College- Cosmetology Facility & Equipment Leases  Pursuant to the Memorandum of Understanding ("MOU") by and between Stanly Community College and Stanly County dated August 4, 2015 regarding the construction and financing of a cosmetology facility ("Facility"), upon completion of construction of the Facility, the parties agreed to enter into lease agreements for the Facility and associated equipment ("Equipment"). Thus, the purpose of the attached Lease Agreements is to follow through on the parties' prior agreement found in the MOU.  Consider and approve both the Lease Agreement for the Facility and the Lease Agreement for the  Equipment.  Signature: Kyzle  Dept. Attachments:  Date: 12-12-16  Yes X Certification of Action Certified to be: at true copy oft the action taken by the Stanly County Board of Commissioners on  No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk tot the Board  Date    NORTH CAROLINA STANLY COUNTY  MEMORANDUM OF UNDERSTANDING STANLY COMMUNITY COLLEGE, an educational institution operating under the provisions of Chapter 115D of the North Carolina General Statutes, and  between  COUNTY OF STANLY, abody politic and corporate  This Memorandum of Understanding ("MOU") is made and is effective as of A yb 2015, by and between STANLY COMMUNITY COLLEGE ("SCC") and the COUNTY OF  STANLY County(colletively "the Parties").  SCC is regionally accredited by the Southern Association of Colleges and Schools Commission on Colleges and operates under North Carolina Administrative Codes established for North Carolina Community Colleges. SCC operates as an institution of higher education and locates its primary office at 141 College Drive, Albemarle, NC. County is aj political subdivision of the State ofNorth Carolina which locates its primary office at 1000 North 1st Street Suite 10,  Albemarle, NC. Purpose  The purpose of this MOU is to memorialize and outline a collaborative agreement between the Parties for the construction of a cosmetology facility (hereinafter referred to as "Facility") at SCC. The facility will be constructed and financed pursuant to North Carolina Session Law 2014-82/Senate Bill 201, "AN ACT TO AUTHORIZE STANLY COMMUNITY COLLEGE TO ENTER INTO AGREEMENTS WITH STANLY COUNTY TO JOINTLY ERECT BUILDINGS ON PROPERTY OWNED BY STANLY COMMUNITY COLLEGE"  (hereinafter referred to as "S.L. 2014-82").  Background  SCC offers a curriculum for an associate's degree in Cosmetology, as well as a Cosmetology Certificate and other related courses of study. To provide its Cosmetology students with the best learning environment, SCC seeks to construct a new facility to house its Cosmetology programs. SCC has identified a portion of its main campus (consisting of 1.044 acres, more or less, and identified as "1" on a plat entitled "Final Plat for Stanly Community College", prepared by Green Mountain Engineering, PLLC, and recorded on June 11, 2015 in Plat Book 24, Page 156, Stanly County Registry, a copy of said plat being attached hereto as Exhibit A) which would be suitable for construction of a new Cosmetology facility. In order to finance the construction of the Facility, SCC seeks to partner with the County pursuant to the    provisions of S.L. 2014-82. The County is ready, willing and able to obtain financing for the  construction.  Agreement  The Parties embrace the shared goal of providing the most effective learning environment for all SCC students, and the Parties agree that a new Cosmetology facility is in the best interest  of SCC and its students as well as the County and its residents.  The Parties agree as follows:  1. 2. SCC attorney. 3. 4. design of the Facility. 5.  The parcel of land identified as"l"Chereinafter referred to as "Property") on SCC will transfer Property to County via a General Warranty Deed prepared by County shall enter into a design-build contract with a contractor for the design County shall collaborate with SCC regarding the finalization and approval of the County shall obtain the financing necessary for the design and construction ofthe  Exhibit A appears to be suitable for construction ofa Cosmetology facility at SCC.  and construction of the Facility pursuant to North Carolina General Statute S 143-128.1A.  Facility and associated Equipment (as set forth on Exhibit B) in an amount to be determined (hereinafter referred to as "Loan" or "Loans"). Said financed amount is expected to be $2.232 million or less ($1.982 million for the Facility and $250,000 for the Equipment).  6.  Upon completion of construction of the Facility, County agrees to lease the  Property, Facility, and Equipment to SCC, and SCC agrees to sO lease from the County, for a term to be determined in formal Lease Agreements. Said lease terms shall be equivalent to the terms of the Loans for the Facility and Equipment and are anticipated to be not more than  twenty-five (25) years and ten (10) years, respectively.  7. SCC agrees that County shall subtract the annual lease payments, which shall be equivalent to the County's annual Loan payments for the Facility and Equipment, as well as any and all costs and expenses associated with said Loans, including but not limited to debt service and insurance costs, from SCC's annual current expense budget allocation from County unless the Stanly County Board of Commissioners and the Stanly Community College Board of  Trustees agree otherwise in writing.  8.  Upon the expiration of the lease terms and payments in full by SCC to County of  the Loan amounts for the Facility and Equipment as well as any and all costs and expenses of said Loans, including but not limited to debt service and insurance costs, County shall transfer  title to the Property, the constructed Facility, and the Equipment to SCC.  9.  SCC agrees to comply with any and all inspection, care and use, utilities,  insurance, risk ofloss, damage, and removal requirements and any other terms and conditions of the Installment Financing Contracts" for the Equipment and the Facility attached hereto as  Exhibit C and Exhibit D respectively.  2    Term of Agreement  This MOU will be effective from the date of signature of all parties, shall renew annually, and shall continue in effect until such time as the Property, Facility, and Equipment have been  re-conveyed to SCC. Severability  Ifany clause, provision, or paragraph of this MOU is held to be invalid by any court, the invalidity of such clause, provision or paragraph shall not affect any remaining clauses, provisions or paragraphs hereof, and this MOU shall be construed and enforced as ifsuch invalid  clause, provision or paragraph had not been contained herein.  Counterparts Revisions  This MOU may be executed in several counterparts all ofwhich shall be regarded for all  purposes as original and shall constitute and be but one and the same instrument.  Any revisions to this MOU may be made upon the approval of both parties hereto and shall become effective upon the date of a signed agreement memorializing such revisions.  Statements of Authority / Representations  The Parties enter into this MOU based upon the authority granted to them to do SO This MOU does not and shall not be considered to create a partnership or joint venture between SCC and County. Neither party shall have the power to bind or obligate the other  pursuant to S.L. 2014-82.  except as expressly provided herein.  This MOU shall be governed and construed in accordance with the laws of the State of North Carolina applicable to agreements made and to be performed entirely within North  Carolina.  This MOU shall be binding upon and shall inure to the benefit of the parties and their  respective permitted successors in interest. L  Nadinel SCC Board ofTrustees 8H/5 Date  Janet/K. /Stanly County 7/!5 Date  e  Dr. Stanly  6  g6  3    NORTHCAROLINA STANLY COUNTY  LEASE AGREEMENT  THIS LEASE AGREEMENT is made this  day of  2016, by and between  the COUNTY OF STANLY, a body politic and corporate ofthe State ofNorth Carolina (hereinafter referred to as "Lessor"), and STANLY COMMUNITY COLLEGE, an educational institution operating under the provisions of Chapter 115D ofthe North Carolina General Statutes, a (hereinafter referred to  as' "Lessee") (hereinafter collectively referred to as "Parties").  WITNESSETH:  WHEREAS, the Parties entered into a. Memorandum ofUnderstanding on August 4, 2015 (hereinafter referred to as "MOU"), which is attached hereto and incorporated by referencel herein as Attachment A, in order to memorialize and outline a collaborative agreement between the Parties for the construction and financing ofa a new cosmetology facility (hereinafterreferred to as  and  associated Community College;  "Facility")  equipment (hereinafterreferred to as "Equipment") on1 the main campus of Stanly  WHEREAS, pursuant to the MOU, Lessor obtained the financing necessary for the Equipment WHEREAS, pursuant to the MOU,Lessor entered into a design-build contract for the  in an amount of $250,000.00 (hereinafterreferred to as "Loan") for a term of10 years;  construction oft the Facility;  WHEREAS, the construction of the Facility is now complete;  WHEREAS, pursuant to the MOU, upon completion oft the construction of the Facility, Lessor agreed tol lease the Equipment to Lessee, and Lessee agreed to: sol lease from the Lessor, for a term  equivalent to the term oft thel Loan for the Equipment;  NOW' THEREFORE, pursuant to the MOU and subject to the terms and conditions hereinafter  set out, the Parties agree as follows:  1.E Equipment  For good and valuable consideration and the covenants hereinafter contained, Lessor does lease toLessee, and Lessee does hereby lease from Lessor, that certain cosmetology Equipment listed hereby on Schedule 1 attached to the Installment Financing Contract [Equipment Financingl Between Uwharrie Bank and County of Stanly, North Carolina Dated as of August 14, 2015 (hereinafter referred to as "Installment Financing Contract"), which is attached hereto and incorporated by reference herein as a  1    shall comply with all laws, rules, ordinances, statutes, and orders regarding the possession, use,  maintenance, and storage of the Equipment.  5.4. Encumbrances  Lessee shall keep the Equipment free and clear of any levies, liens, or other encumbrances (except the existing Loan), and shall not permit any act where Lessor's title or rights may be negatively  affected.  6.R Repairs and Maintenance  Lessee agrees to cover any and all costs of any and all maintenance, repairs, and parts the Equipment may require during the Term. Lessee agrees to maintain the Equipment in good order and repair at the expense of Lessee during the Term. Lessee agrees to make proper repairs within a reasonable amount of time after the necessity, nature, and location thereof have been called to its  attention.  IfLessee fails to make repairs promptly, Lessor, at its option, may make such repairs and Lessee shall pay Lessor on demand Lessor's actual costs in making such repairs. Lessor shall not be liable to Lessee for any inconvenience by reason of any repairs, alterations or additions made by Lessor under this Lease; however, repairs, alterations, or additions made by Lessor shall be performed at a time mutually agreed upon by Lessor and Lessee in an effort to minimize any disruptions to Lessee's  protessors/students/customers.  7.Risko ofLoss, Damage, and Destruction  Lessee assumes all risk ofl loss or damage to the Equipment from any cause whatsoever, and no such loss of or damage to the Equipment nor defect therein nor unfitness or obsolescence thereof shall relieve Lessee of the obligation to make Lease payments or to perform any other obligation under this Lease. In the event of damage to any item of Equipment, Lessee will immediately place the same in good repair with the proceeds of any insurance recovery, if any, applied to the cost of such repair. If Lessee determines that any item of Equipment is lost, stolen, destroyed or damaged beyond repair, Lessee will replace the same with like equipment in good repair with the proceeds of any insurance recovery, if any, applied to the cost of such replacement. Lessor will cooperate with Lessee and provide any assistance necessary as owner of the Equipment with regard to filing insurance claims, making repairs, and/or replacing the Equipment following loss, damage or destruction of the Equipment. Notwithstanding the foregoing sentence, Lessee shall remain fully responsible for making all lease Any repair, restoration, modification, improvement or replacement paid fori in whole or in part by Lessee or with the proceeds ofany insurance recovery shall be the property oft the Lessor, subject to  payments and repairing and replacing the Equipment.  the Loan, and shall be included as part of the Equipment under this Lease.  3    10.2.1 Indemnfication ofLessor  Lessee covenants and agrees to save Lessor and Lessor's agents, employees, and officers, from all loss, damage, liability, claim, or expense ofa any kind including without limitation attorneys' fees and court costs incurred, suffered, or claimed by any person whomsoever, or for any cause whatsoever, by reason of the possession, operation, use, or maintenance by Lessee, its agents, employees, invitees or visitors of the Equipment. Iti is the intent of this section to require Lessee to indemnify Lessor to the  extent permitted under North Carolina law.  10.3. Sanlaleflndemmifleation Provisions  The provisions of this Article 10 shall survive the expiration of the Term.  11. Insurance  11.1.Lessee's Obligation to Provide Insurance  Lessee shall, at its cost and expense, obtain and maintain at all times during the Term, for the protection of Lessor and Lessee, Public Liability Insurance (Comprehensive General Liability or Commercial General Liability) including Contractual Liability Insurance, with a combined personal injury and property damage limit of not less than $1,000,000.00 for each occurrence and not less than $2,000,000.00 in the aggregate, insuring against all liability ofLessee and its representatives arising out of and in connection with Lessee's use or operation of the Equipment. Lessor shall be named as  additional insureds.  Additionally, Lessee shall, at its cost and expense, obtain and maintain at all times during the Term, for the protection ofLessor and Lessee, Property or Inland Marine coverage on the Equipment for  not less than $250,000.00. Lessor shall be named as loss payee.  11.2. Lessee's Obligation to. Provide Certificates  Lessee shall cause to be delivered to the Lessor on or about July 20 of each year a certificate stating that the insurance policies required or permitted by this Lease are: in full force and effect.  12. Assignment and Subletting  Lessee shall not assign, transfer, mortgage or encumber this Lease or sublet the Equipment  without the prior written consent of the Lessor.  13.Lessor's Right of Access  Lessor may, at any time during this Lease, upon reasonable notice to Lessee of not less than 12 hours, during reasonable business hours enter to view/inspect the Equipment, to show the same to others, or to observe its use and operation. Additionally, if Lessee fails to make necessary repairs promptly, Lessor, at its option, may enter the Facility in order to make such repairs at a time mutually  5    upon the Equipment (i) shall, immediately upon the completion of the installation thereof, be and become Lessor's property, and (ii) shall be surrendered to Lessor upon the earlier termination of the  Term.  17. Miscellaneous 17.1. Waiver of Breach  No waiver or breach of any covenant, condition or agreement herein contained shall operate asa  waiver oft the covenant, condition or agreement itself, or ofany subsequent breach thereof.  17.2. Warranties  LESSEE. AND LESSOR EXPRESSLY AGREE THAT, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, THERE ARE. AND SHALL BEI NO EXPRESS OR IMPLIED WARRANTIES OF ANY NATURE OR KIND WHATSOEVER BYI LESSOR TOLESSEE, INCLUDING BUTI NOT LIMITED TOI MERCHANTABIIT, WORKMANLIKE QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND THE EQUIPMENT IS ACCEPTED BY LESSEE "AS IS" AND "WITH ALL FAULTS". LESSOR SHALL NOT BE LIABLE FOR. ANY DIRECT, INDIRECT,SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER AS Al RESULT OF THE LEASE OF THE EQUIPMENT, INCLUDING WITHOUTIIMITATION, LOSS OF PROFITS, PROPERTY DAMAGE OR LOST: PRODUCTION WHETHER SUFFERED BY LESSEE OR ANY THIRD PARTY. LESSOR COVENANTS AND WARRANTS WITH LESSEE THATI ITI IS THE LAWFUL OWNER OF THEI EQUIPMENT, SUBJECT ONLY TO LIENS AS A RESULT OF THE FINANCING SET FORTHI IN' THE MOU, AND THAT LESSOR HAS THE RIGHTTO: LEASE THE  EQUIPMENTTOLESSEE  This provision shall not be construed as a waiver ofany warranty claims which Lessor or Lessee may have against others related to the Equipment, and Lessor and Lessee agree to cooperate with each  other for any such warranty claims.  Lessor is not responsible for, and shall not be liable to Lessee for damages relating to loss of value of the Equipment for any cause or situation (including, without limitation, governmental actions or  regulations or actions of other third parties).  17.3. Written Lease  Iti is understood and agreed by and between the parties hereto that this Lease contains the final lease agreement between said Parties, and that it, along with the MOU, constitute the entire agreement between the Parties. The Parties shall not be bound by any terms, statements, conditions or representations, oral or written, express ori implied, not herein contained or contained in the MOU. This Lease may not be modified orally or in any manner other than by written agreement signed by the  Parties hereto.  7    17.9. Time. Is of Essence Clause  All times, whenever stated in this Lease, are declared tol be oft the essence of this Lease.  17.10. Governing Law  This Lease shall be governed by and construed in accordance with the laws oft the State ofl North Carolina. Unless prohibited by law all actions relating in any way to this Agreement shall be brought in the General Court ofJustice oft the State of North Carolina sitting in Stanly County or, where applicable,  the United States District Court of the Middle District of North Carolina.  17.11. Notices  Any notices required or permitted to be given under the terms ofthis Lease shall be considered properly made ifeither hand delivered or sent by certified mail, return receipt requested, postage  prepaid, and addressed to the parties at the address set forth below:  TOLESSOR: County of Stanly  Attn: AndrewLucas, County Manager 10003 North First Street, Suite 10 Albemarle, NC 28001  TO LESSEE: Stanly Community College  Attn: Dr. John D. Enamait, President 141 College Drive Albemarle, NC 28001  Addresses to which notice shall be given may be changed by either party at any time by giving  notice to the other asl herein provided.  17.12. Duplicate Originals Recordation of Lease  This Lease Agreement is executed in duplicate originals with one (1) copy retained by Lessor and one (1) copy by Lessee. The parties agree to execute ai memorandum oft this Lease, establishing the  commencement date in suitable form, for recording purposes.  REMAINDER OF PAGE INTENTIONALLYLEFT BLANK  9    NORTH CAROLINA STANLY COUNTY  LEASE AGREEMENT  THIS LEASE AGREEMENT is made this  day of  2016, by and between  the COUNTY OF STANLY, a body politic and corporate of the State of] North Carolina (hereinafter referred to as "Lessor"), and STANLY COMMUNITY COLLEGE, an educational institution operating under the provisions of Chapter 115D oft the North Carolina General Statutes, a (hereinafter referred to  as" "Lessee") (hereinafter collectively referred to as "Parties").  WITNESSETH:  WHEREAS, the Parties entered into a Memorandum ofUnderstanding on August 4, 2015 (hereinafter referred to as MOU"), which is attached hereto and incorporated by reference herein as Attachment A, in order to memorialize and outline a collaborative agreement between the Parties for the construction and financing of a new cosmetology facility (hereinafter: referred to as "Facility") and associated equipment (hereinafter referred to as "Equipment") on the main campus of Stanly  Community College;  WHEREAS, pursuant to the MOU, Lessor obtained the financing necessary for the design and construction of the Facility in an amount of $1,982,000.00 (hereinafter referred to as "Loan") for a term  of20 years;  WHEREAS, pursuant to the MOU, Lessor entered into a design-build contract for the  construction oft the Facility;  WHEREAS, the construction of the Facility is now complete;  WHEREAS, pursuant to the MOU, upon completion of the construction oft the Facility, Lessor agreed to lease the Facility to Lessee, and Lessee agreed to sO lease from thel Lessor, for a1 term  equivalent to the term oft the Loan for the Facility;  NOWTHEREFORE, pursuant to the MOU and subject to the terms and conditions hereinafter  set out, the Parties agree as follows:  1.Premises/Legal Description  For good and valuable consideration and the covenants hereinafter contained, Lessor does hereby lease to Lessee, and Lessee does hereby lease from Lessor, that certain cosmetology building located at 136 College Drive, Albemarle, North Carolina 28001 on the Lessee's main campus on 1.044 acres, more or less, and identified as "!" on a plat entitled "Final Plat for Stanly Community College", prepared by  1    Vincent C. Townsend, Registered Land Surveyor of Green Mountain Engineering, PLLC, and recorded on August 12, 2015 in Plat Book 24, Page 178, Stanly County Registry, a copy of said plat being attached hereto as Attachment B (hereinafter referred to as Premises"). The total square footage of the  building is approximately 12,000 square feet.  2. Term  The term of this lease shall be from July 20, 2016 until August 14, 2035 ("Term"), which is the  date oft the last annual payment on the Loan.  3. Consideration  Lessee agrees that Lessor shall subtract annual lease payments in the amount of $124,548.79, which is equivalent to the Lessor's annual Loan payments for the Facility, as well as any and all costs and expenses associated with said Loan, including but not limited to debt service and insurance costs, from Lessee's annual current expense budget allocation from Lessor for twenty (20): years unless the Stanly County Board of Commissioners and the Stanly Community College Board of Trustees were to agree otherwise in writing. Should said Boards agree otherwise in writing, then the Parties shall amend  this Lease accordingly.  4. Use of Premises 4.1. Use Provision  Lessee covenants to use the Premises only for a community college cosmetology facility and for  no other purpose.  4.2. "Asl Is"Acceptance of Premises  Lessee accepts the Premises from Lessor in "as is" condition, except to the extent specifically  provided elsewhere in this Lease.  4.3. Covenant ofQuiet Enjoyment  Lessor covenants with Lessee that Lessee shall have the right ofquiet enjoyment of the Premises  during the Term of the lease.  5. Compliance with Americans with Disabilities Act  5.1.ADA Compliance  The Premises and their use authorized under this Lease comply fully with (and no notices of violation have been received in connection with) environmentai, air quality, zoning, flood plain,  2    planning, subdivision, building, health, labor, discrimination, fire, traffic, safety, wetlands and other governmental or regulatory rules, regulations, laws, ordinances, statutes, codes and requirements applicable to the building or facility in which the Premises are located (collectively, hereinafter referred to as "Building Laws"), including, without limitation, the Americans With] Disabilities Act of1990, as amended. Lessor has received such final certificates as may be required or customary evidencing compliance with all building codes and permits, and approval of full occupancy of the Premises and of all installations therein. AsofJuly 20, 2016 going forward, Lessee is solely responsible for the Premises being continuously in compliance with all applicable Building Laws (as the same may be  amended from time to time).  5.2. Indemnfication ofLessor  Lessee agrees to protect, defend, indemnify and hold Lessor harmless from and against all liability threatened against or suffered by Lessor by reason of a breach by Lessee ofits responsibility as contained in the preceding Subparagraph 5.1. The foregoing indemnity shall include the cost of all alterations to the Premises (including architectural, engineering, legal and accounting costs), all fines, fees and penalties, and all legal and other expenses (including attorneys' fees), incurred by Lessor in connection with the Premises being in violation ofany Building Law and for the cost of collection of the sums due under the indemnity. Itis the intent of this section is to require Lessee to indemnify Lessor to  the extent permitted under North Carolina law.  6. Repairs and Maintenance  Lessee agrees to cover any and all costs of any and all maintenance or repairs the Premises may require during the Term. Lessee agrees to maintain the Premises in good order and repair at the expense of Lessee during the Term. Lessee's maintenance shall include, but not be limited to, major repairs of the walls, windows, doors, roof, heating, air conditioning, electrical and plumbing systems. Lessee agrees to make proper repairs within a reasonable amount oft time after the necessity, nature, and  location thereofhave been called to its attention.  IfLessee fails to make repairs promptly, Lessor, at its option, may make such repairs and Lessee shall pay Lessor on demand Lessor's actual costs in making such repairs. Lessor shall not be liable to Lessee for any inconvenience by reason of any repairs, alterations or additions made by Lessor under this Lease; however, repairs, alterations, or additions made by Lessor shall be performed at a time mutually agreed upon by Lessor and Lessee in an effort to minimize any disruptions to Lessee's  protessors/students/customers.  Lessee shall maintain the non-structural portions of the interior of the Premises in good repair and condition, damages by causes reasonably beyond Lessee's control and ordinary wear and tear  excepted.  3    7. Utilities  Lessee covenants and agrees that it shall be responsible for furnishing any and all utilities, including but not limited to heat and air-conditioning, electricity, water, sewer, telephone, cable, internet, and security alarm monitoring. Lessee acknowledges and agrees that Lessor shall not be liable in any way for any inconvenience caused by the cessation or interruption of heating, air-conditioning, electricity, water, sewer, telephone, cable, internet, security alarm monitoring, or any other utility service occasioned by fire, accident, strikes, necessary maintenance, alterations or repairs, or other causes beyond Lessor's control and Lessee shall not be entitled to any compensation by reason thereof.  8.1 Limitations on Lessee's Ability to Alter Property  Lessee shall not paint the Premises or make any alterations, additions, or other improvements in or to the Premises or install any equipment of any kind without the prior written consent ofLessor. If any such alterations or additions are made by Lessee without Lessor's consent, Lessor may correct or remove them and Lessee shall be liable for any and all costs and expenses incurred by Lessor in the  correction or removal of such work.  Lessee may propose alterations, additions or other improvements in or to the Premises for Lessor's consideration. All approved alterations and additions to the Premises shall be performed by Lessee, or Lessee's contractor, at the expense of the Lessee unless Lessor shall otherwise agree in writing. All work done with respect to such alterations and additions shall be done in a good and workmanlike manner and diligently prosecuted to completion to the end that Premises shall at all times be a complete unit except during the period necessarily required for such work. All alterations or additions shall become a part of the realty and surrendered to Lessor upon termination of this Lease or deeded to Lessee upon expiration of this Lease, unless Lessor shall at the time of its approval of such work requires removal or restoration on the part ofLessee as a condition of such approval.  9. Hold Harmless; Indemnification  9.1. Hold. Harmless  Lessor shall not be liable for any damage to, or loss of, property in/on the Premises belonging to Lessee, its employees or agents, or for damage or loss suffered by the business ofLessee, from any cause whatsoever, including, without limiting the generality thereof, such damage or loss resulting from fire, steam, smoke, electricity, gas, water, rain, ice or snow, which may leak or flow from or into any part of the Premises, or from breakage, leakage, obstruction or other defects of the pipes, wires, appliances plumbing, air-conditioning orl lighting fixtures of the same, whether the said damage ori injury results from conditions arising upon the Premises or upon other portions of the Stanly Community  College campus of which the Premises are a part, or from other sources.  Lessor shall not be liable in any manner to Lessee, its agents or employees for injury, death, or damage to property caused by criminal or intentional misconduct, or by any act of neglect of third parties, Lessee, or Lessee's agents or employees, associated with Lessee's use oft the Premises.  4    9.2. Indemmification ofl Lessor  Lessee covenants and agrees to save Lessor and Lessor's agents, employees, and officers from all loss, damage, liability or expense of any kind including without limitation attorneys' fees and court costs incurred, suffered or claimed by any person whomsoever, or for any cause whatsoever, by reason ofthe use or occupancy by Lessee, its agents, employees, invitees or visitors of the Premises. Itis the intent of this section to require Lessee to indemnify Lessor to the extent permitted under North Carolina  law.  9.3. SunhaleImdemufPcauton Provisions  The provisions of this Article 9 shall survive the expiration oft the Term.  10. Insurance  10.1.1 Lessee' 's Obligation to. Provide Insurance  Lessee shall, at its cost and expense, obtain and maintain at all times during the Term, for the protection of Lessor and Lessee, Public Liability Insurance (Comprehensive General Liability or Commercial General Liability) including Contractual Liability Insurance, with a combined personal injury and property damage limit of not less than $1,000,000.00 for each occurrence and not less than $2,000,000.00 in the aggregate, insuring against all liability ofLessee and its representatives arising out of and in connection with Lessee's use or occupancy of the Premises. Lessor shall be named as  additional insureds.  Additionally, Lessee shall, at its cost and expense, obtain and maintain at all times during the Term, for the protection of Lessor and Lessee, Property coverage on the Premises for not less than  $1,982,000.00. Lessor shall be named as loss payee.  10.2. Lessee' 's Fire. Insurance  Lessee shall, at its own cost and expense, obtain and maintain at all times during the Term, fire and extended coverage on Lessee's contents located at the Premises in an amount sufficient sO that no  co-insurance penalty shall be invoked in case ofloss.  10.3. Lessee's Obligation to Provide Certificates  Lessee shall cause to be delivered to the Lessor on or about July 20 of each year a certificate stating that the insurance policies required or permitted by this Lease are in full force and effect.  10.4 Lessor's Obligation to. Provide Insurance  Lessor shall, at its cost and expense, obtain and maintain at all times during the Term, Property  coverage on1 the Premises for not less than $1,982,000.00.  5    11. Assignment and Subletting  Lessee shall not assign, transfer, mortgage or encumber this Lease or sublet the Premises without  the prior written consent oft the Lessor.  12. Lessor's Right of Access  Lessor may, at any time during Lessee's occupancy, upon reasonable notice to Lessee ofr not less than 12 hours, during reasonable business hours enter either to view the Premises or to show the same to others. Additionally, ifLessee fails to make necessary repairs promptly, Lessor, at its option, may enter the Premises in order to make such repairs at a time mutually agreed upon by Lessor and Lessee in an  effort to minimize any disruptions to Lessee'sp polesonstudeycusomaers  13. Default by Lessee  Itis hereby mutually agreed that if Lessee shall fail to keep and perform each and every covenant, condition and agreement herein contained on the part of Lessee to be kept and performed, Lessor may terminate this Lease should Lessee remain in default thereof fora a period of fifteen (15)days after written notice from Lessor calling attention to such default, in which event Lessee shall immediately surrender the Premises to Lessor. IfLessee fails to do SO, Lessor may without notice and without prejudice to any other remedy Lessor may have, enter upon and take possession of the Premises and expel or remove Lessee and its effects without being liable to prosecution or any claim for damages therefor; and Lessee shall indemnify Lessor for all loss and damage which Lessor may suffer by reason of such termination. Iti is the intent of this section to require Lessee to indemnify Lessor to the extent  permitted under North Carolina law.  14. Subordination Clause  This Lease shall be subject and subordinate at all times to the lien ofany mortgage or deed of trust or other encumbrance(s) which may now or which may at any time hereafter be made upon the Premises or upon Lessor's interest therein. This clause shall be self-operative, and no furtherinstrument or subordination shall be required to effect the subordination of this Lease. Nonetheless, in confirmation ofs such subordination, Lessee shall execute and deliver such further instrument(s) subordinating this Lease to the lien of any such mortgage or deed of trust or any other encumbrance(s) as shall be desired by any mortgagee or party secured or proposed tol be secured thereby. The holder of any mortgage or deed oftrust encumbering the Premises shall have the right, unilaterally, at any time to subordinate fully or partially its mortgage or deed oftrust or other security instrument to this Lease on such terms and subject to such conditions as such holder may consider appropriate in its discretion. Upon request, Lessee shall execute and deliver an instrument confirming any such full or partial subordination.  6    15. Surrender of] Possession  Upon the expiration of the Term and payment in full by Lessee to Lessor of the Loan amounts for the Facility as well as any and all costs and expenses of said Loan, including but not limited to debt service and insurance costs, Lessor shall deed the Premises, including any improvements, repairs alterations and all other property attached to, used in connection with or otherwise installed upon the Upon the earlier termination of the Term due to Lessee's default, Lessee shall surrender the Premises and all keys, security cards, and locks connected therewith to Lessor in good order and repair (ordinary wear and tear excepted). Subject to the provisions of Article 8, any and all improvements, repairs, alterations and all other property attached to, used in connection with or otherwise installed upon the Premises (i) shall, immediately upon the completion of the installation thereof, be and become Lessor'sproperty, and (ii) shall be surrendered to Lessor upon the earlier termination oft the Term.  Premises, to Lessee.  16. Miscellaneous 16.1. Waiver of Breach  No waiver or breach of any covenant, condition or agreement herein contained shall operate as a  waiver of the covenant, condition or agreement itself, or of any subsequent breach thereof.  16.2. Liability  Applicable North Carolina law shall govern all liabilities.  16.3. WaranyefHabilahly, and Fitness for Particular Purpose  LESSEE AND LESSOR EXPRESSLY AGREE THAT THERE ARE AND SHALL BE NO IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER KIND ARISING OUT OF THIS LEASE, AND THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THOSE EXPRESSLY SET FORTH IN THIS LEASE. This provision shall not be construed as a waiver of any warranty claims which Lessor or Lessee may have against others related to the Premises, and Lessor and Lessee agree to cooperate with  each other for any such warranty claims.  16.4. Written Lease  Itis understood and agreed by and between the parties hereto that this Lease contains the final lease agreement between said Parties, and that it, along with the MOU, constitute the entire agreement between the Parties. The Parties shall not be bound by any terms, statements, conditions or representations, oral or written, express or implied, not herein contained or contained in the MOU. This Lease may not be modified orally or in any manner other than by written agreement signed by the  Parties hereto.  7    16.5.P Provisions that are Unlawful or Against Public. Policy  Every agreement contained in this Lease is, and shall be construed as a separate and independent agreement. If any term of this Lease or the application thereof to any person or circumstances shall be invalid and unenforceable, the remaining provisions of this Lease, the applications of such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be  affected.  16.6. Conditions That Prevent Performance  Whenever a period of time is herein prescribed for action to be taken by Lessor and/or Lessee, Lessor and/or Lessee shall not be liable or responsible for, and there shall be excluded from the computation for any such period of time, any delays due to strikes, riots, acts of God, shortages of labor or materials, war, governmental laws, regulations or restrictions, or any other cause of any kind  whatsoever which is beyond the reasonable control ofLessor and/or Lessee.  16.7.Signatures of Both Parties Required  The submission of this Lease to Lessee/Lessor shall not be construed as an offer or acceptance nor shall Lessee/Lessor have any rights with respect thereto unless Lessor and Lessee execute a copy of  this Lease and deliver same to the opposing party.  16.8. Cooperating with Lessor's Financing Arrangements  If, inc connection with obtaining financing for the Facility, any lender shall request modifications to this Lease as a condition for such financing, Lessee will not unreasonably withhold, delay, or defer its consent thereto. Notwithstanding the preceding sentence, Lessor will not refinance or otherwise Additionally, Lessee agrees to comply with any and all inspection, care and use, utilities, insurance, risk of loss, damage, and removal requirements and any other terms and conditions of the Installment Financing Contract [Facility Financing] Between Uwharrie Bank and County of Stanly, North Carolina Dated as of August 14, 2015 (hereinafter referred to as "Installment Financing Contract") attached hereto as Exhibit D of the MOU, Should any term herein conflict with the  encumber the Facility with any debt or liabilities without the consent ofLessee.  Installment Financing Contract, the Installment Financing Contract shall govern.  16.9.Both Parties Must Consent to. Assignment  Neither party shall assign all or any portion of this Lease to any other party without the prior written consent of the other party. This Lease shall be binding upon and shall inure to the benefit ofthe parties hereto and their respective heirs, personal representatives, suçcessors and assigns. This provision shall not be deemed to grant Lessee orl Lessor any right to assign this Lease or sublet the Premises or any  part thereof other than as provided in Article 161 hereof.  8    16.10. Time Is ofl Essence Clause  All times, whenever stated in this Lease, are declared to be ofthe essence ofthis Lease.  16.11. Governing Law  This Lease shall be governed by and construed in accordance with the laws ofthe State ofNorth Carolina. Unless prohibited by law all actions relating in any way to this Agreement shall be brought in the General Court of Justice oft the State of North Carolina sitting in Stanly County or, where applicable,  the United States District Court oft the Middle District of] North Carolina.  16.12. Notices  Any notices required or permitted to be given under the terms ofthis Lease shall be considered properly made if either hand delivered or sent by certified mail, return receipt requested, postage  prepaid, and addressed toi the parties at the address set forth below:  TO LESSOR: County of Stanly  Attn: Andrew Lucas, County Manager 1000 North First Street, Suite 10 Albemarle, NC 28001  TOLESSEE: Stanly Community College  Attn: Dr. John D. Enamait, President 141 College Drive Albemarle, NC 28001  Addresses to which notice shall be given may be changed by either party at any time by giving  notice to the other as herein provided.  16.13. Duplicate Originals Recordation ofLease  This Lease Agreement is executed in duplicate originals with one (1) copy retained by Lessor and one (1) copy by Lessee. The parties agree to execute ai memorandum of this Lease, establishing the  commencement date in suitable form, for recording purposes.  REMAINDER OF PAGE: INTENTIONALLY LEFTBLANK  9    SIGNATURE PAGE FOR LEASE AGREEMENT (FACILITDATED  2016,  BY AND BETWEENTHE COUNTY OF STANLY AND STANLY COMMUNITY COLLEGE IN WITNESS WHEREOF, Lessor has hereunto set its hand and seal, or has caused its name to be hereunto subscribed and Lessee has hereunto set its hand and seal, or has caused its corporate name tol be hereunto subscribed and its corporate seal to be hereunto affixed and attested by its duly authorized  officers, as the case may be, as ofthe day and year first above written.  LESSOR: COUNTY OF STANLY By: Date:  LESSEE: By:  STANLY COMMUNITY COLLEGE Date: 728-1016  7ew  10    5D  STANLY COUNTY NORTH CAROLINA  MONTHLY  FINANCIAL REPORT  For Five Months Ended  November 30, 2016  STANLY -  COUNTY NORTH CAROLINA  Water. Ais Land, Success,  Prepared and Issued by:  Stanly County Finance Department    STANLY COUNTY, NORTH CAROLINA FISCAL YEAR 2016-2017  Page  MONTHLY FINANCIAL REPORTS  General Fund:  Revenue and Expense Graphic- Comparative FY 2016 with FY 2017 Revenue Graphic by Source Comparative FY 2016 with FY 2017 Revenue Graphic by Source - Compared to Amended Budget 2017 Expense Graphic by Function - Comparative FY 2016 with FY: 2017 Expense Graphic by Function - Compared to Amended Budget 2017  1 2 3 4 5 6-9 10-13 14 15 16  All Fund Financial Information:  Financial information All Operating Funds Financial information - Project Funds Comparative Cash Position - Five years  Generai Fund: Investment Report General Fund:  Fund Balance Calculation    General Fund Revenues and Expenses Actual VS Budget Fiscal Year 2017  70,000,000 60,000,000 50,000,000 40,000,000 30,000,000 20,000,000 10,000,000  CYF Revenues Budget, $61,779,301  CYE Expenses Budget, $61,779,301  YTD Revenues Actual, $29,172,688  Prior Year Actual, $28,610,647  YTDE Expenses Actual, $24,484,931  Prior Year Actual, $23,325,419  aCYF Revenues Budget OCYE Expenses Budget  OYTD Revenues Actual aYTDE Expenses Actual  "Prior) Year Actual OPrior) Year Actual  Page 1    Stanly County General Fund Revenues by Source For the Five Months Ended November 30, 2016 with Comparative November 30, 2015  REVENUES: Ad Valorem Taxes Sales Taxes Other Taxes Restricted Intergovernmental Licenses and Permits Sales and Services Investment Earnings Miscellaneous Totals  11/30/16 2,155,518.83 207,203.78 3,046,950.93 362,979.44 3,243,749.75 52,374.10 621.707.26  11/30/15 2,099,186.21 170,580.27 2,760,923.18 440,390.67 3,334,819.26 31,432.65 652,166.90  Variance 361,055.83 101.89% 56,332.62 36,623.51 286,027.75 (77,411.23) (91,069.51) 20,941.45 (30,459.64) 562,040.78  Percent 102.68% 121.47% 110.36% 82.42% 97.27% 166.62% 95.33% 101.96%  19,482,203.89 $ 19,121,148.06 $  29,172,687.98 $ 28,610,647.20 $  $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000  de - d xd ce e /  011/30/16 011/30/15  Page 2    Stanly County  General Fund Budget by Source Compared to Actual Revenues For the Five Months Ended November 30, 2016  REVENUES: Ad Valorem Taxes Sales Taxes Other Taxes Restricted Intergovernmental Licenses and Permits Sales and Services Investment Earnings Miscellaneous Fund Balance. Appropriated Totals  Amended Budget 8,425,925.00 574,000.00 9,807,763.00 948,400.00 7,927,026.00 95,000.00 1,370,575.00 2,247,644.00  Actual Over/(Under) (6,270,406.17) (366,796.22) (6,760,812.07) (585,420.56) (4,683,276.25) (42,625.90) (748,867.74) (2,247,644.00)  Percent Collected 64.12% 25.58% 36.10% 31.07% 38.27% 40.92% 55.13% 45.36% 0.00% 47.22%  Actual 2,155,518.83 207,203.78 3,046,950.93 362,979.44 3,243,749.75 52,374.10 621,707.26  30,382,968.00 $ 19,482,203.89 $ (10,900,764.11)  61,779,301.00 $ 29,172,687.98 $ (32,606,613.02)  $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000  $- $(5,000,000) $(10,000,000) $(15,000,000)  aBudget. DActual 0Over/(Under)  Page 3    Stanly County General Fund Expenses For the Five Months Ended November 30, 2016 with Comparative November 30, 2015 $ 2,137,308.79 $ 2,066,161.59 $  EXPENSES: General Government Public Safety Transportation Environmental Protection Economic and Physical Development Human Services Education Culture and Recreation Debt Service Special Appropriations Transfers and Contingency Totals  11/30/16 5,847,011.48 435,892.56 472,366.18 724,374.25 6,424,661.87 6,155,058.53 598,082.53 1,587,837.76 37,500.00 64,836.75  11/30/15 5,609,046.53 397,545.12 446,870.10 482,866.56 5,989,756.68 6,018,871.44 618,421.87 1,353,749.62 275,000.00 67,129.25  Variance 71,147.20 237,964.95 38,347.44 25,496.08 241,507.69 434,905.19 136,187.09 (20,339.34) 234,088.14 (237,500.00) (2.292.50)  Percent 103.44% 104.24% 109.65% 105.71% 150.02% 107.26% 102.26% 96.71% 117.29% 13.64% 96.58% 104.97%  24,484,930.70 $ 23,325,418.76 $ 1,159,511.94  $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000  011/30/16 11/30/15  Page 4    Stanly County  General Fund Budget by Function Compared to Actual Expenses For the Five Months Ended November 30, 2016  EXPENSES: General Government Public Safety Transportation Environmental Protection Economic and Physical Development Human Services Education Culture & Recreation Debt Service Special Appropriations Transfers & Contingency Totals $20,000,000 $15,000,000 $10,000,000 $5,000,000  Amended Budget 13,843,749.00 997,766.00 1,241,962.00 1,682,559.00 17,121,137.00 15,683,084.00 1,752,931.00 3,516,475.00 50,000.00 659,347.00  Percent Expended 42.72% 44.25% 43.80% 39.15% 43.21% 42.92% 39.25% 36.70% 45.15% 75.00% 9.83% 41.84%  Actual 5,847,011.48 435,892.56 472,366.18 724,374.25 6,424,661.87 6,155,058.53 598,082.53 1,587,837.76 37,500.00 64,836.75  Over/(Under) (7,718,103.27) (560,753.44) (755,690.18) (955,546.05) (9,772,450.75) (9,528,025.47) (1,109,629.91) (1,928,637.24) (12,500.00) (594.510.25)  $ 5,230,291.00 $ 2,137,308.79 $ 2,995,700.13)  61,779,301.00 $ 24,484,930.70 $ (35,931,546.69)  $-  $(5,000,000) $(10,000,000) $(15,000,000).  Budget  Actual  Over/(Under)  Page 5    Stanly County Comparativel Monthly Financial Report Fort the Five Months Ended November 30, 2016  UNCOLLECTED REVENUE OR  %  LAST  AMENDED  "Y-T-D APPROPRIATIONS COLLECTED YEAR'SY-T-D  BUDGET TRANSACTIONS REMAINING OREXPENDED TRANSACTIONS  GENERAL FUND110 REVENUES: Depart 3100- AdV Valorem Taxes Depart 3200- Other Taxes Depart 3320- State Shared Revenue Depart 3323- Court Depart 3330- Intergovt Chg for Serviçes Depart 3340- Building Permits Depart 3347- Register of Deeds Depart 3414- Tax And Revaluation Depart 3417- Election Fees Depart 3431- Sheriff Depart 3432- Jail Depart 3433- Emergency Services Depart 3434- FIRE Depart 3437- EMS-Ambulance Depart 3439- Emergency 911 Depart 3450- Transportation Depart 3471- Solid Waste Depart 3490- Central Permitting Depart 3491- Planning and Zoning Depart 3492- Rocky River RPO Depart 3494- EDC Depart 3495- Cooperativel Extension Depart 3500- Health! Department Depart 3523- Juvenile. Justice Depart 3530- Social Services Depart 3538- Senior Services Depart 3586- Aging Services Depart 3587- Veteran Service Depart 3611- Stanly County Library Depart 3613- Recreation Plan Depart 3614. Historical Preservation Depart 3616- Civic Center Depart 3831- Investments Depart 3834- Rent! Income Depart 3835- Sale of Surplus Property Depart 3838- Loan Proceeds Depart 3839- Miscellaneous Depart3 3980- Transfer From Other Funds Depart 3991- Fund Balance GENERAL FUND110 EXPENSES: Depart4 4110- Governing Body Depart4120- Administration Depart4130- Finance Depart4141- Tax Assessor Depart4143- Tax Revaluation Depart4155- Attorney Depart4160- Clerk Depart4163- Judge's Office Depart4164- District Attorney Depart4170- Elections Depart4180- Register of Deeds Depart 4210- Info Technology Depart4 4260- Facilities! Management  30,382,968.00 $ 19,482,203.89 $ 10,900,764.11 64.12%  19,121,148.06 2,269,766.48 311,353.62 52,273.71 114,888.44 298,474.65 115,245.28 639.25 819.75 460,909.93 100,391.75 13,541.09 2,450.00 880,646.61 269,703.80 612,241.18 7,596.99 23,504.89 47,201.98 9,097.50 1,338,398.81 44,074.00 1,665,150.29 75,439.61 178,727.04 58,331.44 19,416.00 31,432.65 91,853.63 28,767.34 166,201.60 144,281.00 56,678.83 28,610,647.20 113,662.28 174,578.21 195,189.00 324,835.94 166,696.36 67,623.47 4,781.50 214,50 184,492.28 103,388.85 320,109.63 410,589.57 2,066,161.59  8,999,925.00 2,363,139.37 713,500.00 120,000.00 168,000.00 597,510.00 295,650.00 1,600.00 500.00 616,101.00 197,126.00 43,074.00 6,500.00 2,415,000.00 1,000.00 804,458.00 1,023,496.00 13,200.00 61,600.00 115,394.00 25,500.00 4,066,992.00 1,402,790.08 101,570.00 6,662,691.00 1,796,464.12 259,996.00 689,996.00 155,830.00 60,000.00 95,000.00 224,267.00 20,000.00 197,772.00 340,891.00 300,000.00 2,002,194.00 61,779,301.00 29,172,687.98 237,482.00 414,504.00 445,720.00 804,240.00 397,173.00 165,254.00 15,075.00 5,900.00 2,500.00 369,974.00 355,061.00 743,735.00 1,273,673.00 5,230,291.00 2,137,308.79  6,636,785.63 26.26% 444,968.48 37.64% 64,207.29 46.49% 49,736.55 70.39% 386,905.05 35.25% 174,012.29 41.14% 1,325.00 17.19% 446.00 10.80% 475,256.33 22.86% 53,295.90 72.96% 9,375.99 78.23% 3,050.00 1,524,604.45 36.87% 891.62 506,849.00 36.99% 402,339.02 60.69% 7,725.40 41.47% 45,431.55 26.25% 92,269.00 20.04% 16,861.67 33.88% 2,664,201.92 34.49% 67,163.00 33.88% 4,866,226.88 26,96% 57,964,88 77.71% 494,492.72 28.33% 94,678.22 39.24% 31,202.50 48.00% 42,625.90 55.13% 131,458.35 41.38% 18,380.00 8.10% 38,924.32 88.58% 300,000.00 2,002,194.00 32,606,613.02 47.22% 118,970.51 49.90% 238,264.97 42.52% 263,843.20 40.81% 478,946.80 40.45% 246,117.91 38.03% 97,902.51 40.76% 13,662.11 9.37% 4,981.87 15.56% 2,500.00 0.00% 152,877.04 58.68% 192,646.52 45.74% 379,364.12 48.99% 805,622.57 36.75% 2,995,700.13 42.72%  268,531.52 55,792.71 118,263.45 210,604.95 121,637.71 275.00 54.00 140,844.67 143,830.10 33,698.01 3,450.00 890,395.55 108.38 297,609.00 621,156.98 5,474.60 16,168.45 23,125.00 8,638.33 34,407.00 202,031.12 195,503.28 61,151.78 28,797.50 52,374.10 92,808.65 1,620.00 197,772.00 301,966.68  N/A N/A  N/A  NIA NIA NIA 100.00% NIA N/A  TOTAL REVENUES  113,011.49 176,239.03 181,876.80 324,633.20 151,055.09 67,351.49 370.91 918.13 196,373.97 161,244.48 363,417.87 400,816.33  Total General Government  *Y-T-D1 Transactions column does noti include encumbrances.  Page 6    Stanly County Comparativel Monthly Financial Report For the Fivel Months Ended November: 30, 2016  UNCOLLECTED REVENUE OR  %  LAST 2,915,066.11 91,271.63 1,627,965.73 136,780.22 9,850.00 137,235.28 690,877.56 5,609,046.53 397,545.12 394,872.81 21,148.71 30,848.58 446,870.10 96,752.21 76,638.94 118,028.59 86,014.76 48,277.24 57,154.82 482,866.56 2,036,602.03 84,381.97 3,321,780.95 382,565.88 136,566.06 27,859.79 5,989,756.68 5,406,236.34 612,635.10 6,018,871.44 457,404.74 161,017.13 618,421.87 275,000.00 1,353,749.62 67,129.25 67,129.25 23,325,418.76 $ 5,285,228.44  AMENDED 7,003,298.00 3,013,886.51 202,670.00 4,171,496.00 1,937,857.84 411,427.00 25,000.00 363,425.00 1,666,433.00 13,843,749.00 5,847,011.48 997,766.00 1,049,496.00 88,955.00 103,511.00 1,241,962.00 644,652.00 208,000.00 257,207.00 227,628.00 115,394.00 229,678.00 1,662,559.00 5,596,846.00 2,141,892.85 205,160.00 9,680,459.00 3,505,361.81 1,066,132.00 504,414.00 68,126.00 17,121,137.00 6,424,661.87 14,144,781.00 5,431,181.13 1,538,303.00 15,683,084.00 6,155,058.53 1,293,135.00 459,796.00 1,752,931.00 50,000.00 3,516,475.00 1,587,837.76 439,347.00 220,000.00 659,347.00 61,779,301.00 24,484,930.70  "Y-T-D 69,849.85 196,815.53 6,650.00 142,515.14 479,436.61 435,892.56 406,732.71 21,547.25 44,086.22 472,366.18 364,610.48 58,239.66 103,623.52 99,533.32 48,763.09 49,604.18 724,374.25 83,220.71 365,835.42 299,112.55 29,238.53 723,877.40 504,076.84 94,005.69 598,082.53 37,500.00 64,836.75 64,836.75 4,687,757.28  APPROPRIATIONS COLLECTED YEAR'SY-T-D 3,807,678.61 45.83% 132,820.15 34.46% 2,175,226.39 47.86% 214,611.47 47.84% 18,350.00 26.60% 212,519.86 41.52% 1,156,896.79 30.58% 7,718,103.27 44.25% 560,753.44 43.80% 628,857.65 40.08% 67,407.75 24.22% 59,424.78 42.59% 755,690.18 39.15% 277,402.82 56.97% 149,760.34 28.00% 153,583.48 40.29% 128,094.68 43.73% 66,630.91 42.26% 180,073.82 21.60% 955,546.05 43.21% 2,801,265.58 49.95% 121,939.29 40.56% 6,131,340.51 36,66% 490,205.00 54.02% 189,132.90 62.50% 38,567.47 43.39% 9,772,450.75 42.92% 8,713,599.87 38.40% 814,425.60 47.06% 9,528,025.47 39.25% 752,150.47 41.84% 357,479.44 22.25% 1,109,629.91 36.70% 12,500.00 75.00% 1,928,637.24 45.15% 374,510.25 14.76% 220,000.00 0.00% 594,510.25 9.83% 35,931,546.69 41.84% (3.324,933.67) N/A  BUDGET TRANSACTIONS REMAINING OREXPENDED TRANSACTIONS  Depart 4310- Sheriff Depart 4321- Juvenile. Justice Depart 4325 Criminal. Justice Parinership Deptart 4326 JCPC Depart4 4330- Emergency Services Depart 4350- Inspections Depart4 4360- Medical Examiner Depart 4380- Animal Control Depart 4395- 911 Emergency Depart 4540- Total Transportation Depart 4710- Solid Waste Depart 4750- Fire Forester Depart 4960- Soil &V Water Conservation Depart 4902- Economic Development Depart 4905- Occupancy Tax Depart 4910- Planning and: Zoning Depart 4911- Central Permitting Depart4 4912- Rocky River RPO Depart4 4950- Cooperative Extension Depart 5100- Health Department Depart 5210- Piedmont Mental Health Depart5 5300- Depto of Social Services Depart5 5380- Aging Services Depart5 5381- Senior Center Depart 5820- Veterans Depart 5910- Stanly BOE Depart 5920- Stanly Community College Depart6110- Stanly Library Depart6160- Agri Center Depart 9000- Total Special Appropriations Depart 9100- Total Debt Service Depart 9800- Transfers Depart 9910- Contingency  N/A N/A  Total Public Safety  Total Environmental Protection  Total Economiç Development  Total Human Services Total Education  Total Culture andF Recreation  Total Transfers and Contingency TOTALE EXPENSES OVER (UNDER) REVENUES  Page7    Stanly County Comparative Monthly Financlal Report Fort the Fivel Months Ended November: 30, 2016  UNCOLLECTED REVENUE OR  %  LAST  AMENDED  "Y-T-D APPROPRIATIONS COLLECTED YEAR'SY-T-D  BUDGET TRANSACTIONS REMAINING OREXPENDED TRANSACTIONS 418,673.00 $ 115,581.92 $ 303,091.08 27.61% $ 189,027.68  EMERGENCY TELEPHONE E-911 260 REVENUES: Depart 3439- Surcharge Depart 3831- Investment Eamings Depart 3991- Fund Balance EXPENSES: Depart 4396- E-911 Operations  4.43 115,586.35 195,006.29 195,006.29 (79,419.94) $ 115,852.54  (4.43) NA NIA 303,086.65 27.61% 187,234.11 55.28% 187,234.11 55.28%  4.73 189,032.41 225,794.03 225,794.03 (36,761.62)  TOTALI REVENUES TOTALI EXPENSES OVER (UNDER) REVENUES  418,673.00 418,673.00 418,673.00  NIA  FIRE DISTRICTS 295 REVENUES: Depart3100- AdValorem Taxes EXPENSES: Depart4 4100- Comm1 1.5%A Admin Depart 4340- Fire Service  2,547,486.00 $ 1,581,454.69 $ 966,031.31 62.08% $ 1,459,364.60  TOTAL REVENUES  2,547,486.00 1,581,454.69 39,000.00 2,508,486.00 1,469,991.58 2,547,486.00 1,495,284.37  966,031.31 62.08% 13,707.21 64.85% 1,038,494.42 58.60% 1,052,201.63 58.70%  1,459,364.60 22,244.27 1,360,232.53 1,382,476.80 76,887.80  25,292.79  TOTAL EXPENSES OVER (UNDER) REVENUES  86,170.32 $ (86,170.32) N/A  GREATERI BADIN OPERATING 611 REVENUES: Depart 3710- Operating Revenues Depart 3991- Fund Balance Appropriated EXPENSES: Depart7110- Administration Depart 7120- Operations Depart 9800- Tranfert to Other Funds  466,346.00 $ 2,319,262.84 $ (1,852,916.84) 497.33% $ 172,233.65  NIA  TOTAL REVENUES  466,346.00 2,319,262.84 80,000.00 2,185,981.29 386,346.00 466,346.00 2,358,769.84  (1,852,916.84) 497.33% (2,105,981.29) 2732.48% 202,594.27 47.56% (1,903,387.02) 508.15% 50,470.18 NIA  172,233.65 25,375.85 186,497.03 211,872.88 (39,639.23)  172,788.55 (39,507.00) $  N/A  TOTALE EXPENSES OVER (UNDER) REVENUES  PINEY POINT OPERATING 621 REVENUES: Depart3 3710- Operating Revenues EXPENSES: Depart 7110- Administration Depart 7120- Operations  142,000.00 $ 64,845.49 $ 142,000.00 80,000.00 62,000.00 142,000.00  77,154.51 45.67% $ 57,271.91 77,154.51 45.67% 46,666.65 41.67% 42,660.10 31.19% 89,326.75 37.09%  TOTAL REVENUES  64,845.49 33,333.35 19,339.90 52,673.25  57,271.91 33,333.35 15,999.23 49,332.58 7,939.33  TOTAL EXPENSES OVER (UNDER) REVENUES  12,172.24 $ (12,172.24) N/A  Page8 8    Stanly County Comparative Monthly Financial Report Fort the Fivel Months Ended! November: 30, 2016  UNCOLLECTED REVENUE OR  %  LAST  AMENDED  *Y-T-D  APPROPRIATIONS COLLECTED YEAR'SY-T-D  BUDGET TRANSACTIONS REMAINING OREXPENDED TRANSACTIONS  WESTSTANLY WWTP631 REVENUES: Depart3710- Grants Depart 3712- Operating Revenues Depart 3980- Transfer From OtherF Funds EXPENSES: Depart7 7110- Administration Depart7 7120- Operations Departg 9800- Transfers  $ 605,438.00 223,377.28 71,000.00 676,438.00 223,377.28 326,599.00 156,250.00 349,839.00 132,283.90 676,438.00 288,533.90 (65,156.62) $  NIA N/A  382,060.72 36.90% 71,000.00 453,060.72 33.02% 170,349.00 47.84% 210,490.65 39.83% 380,839.65 43.70% 72,221.07  197,731.88 197,731.88 156,250.00 159,811.69 316,061.69 (118,329.81)  TOTAL REVENUES  NIA NIA  TOTALI EXPENSES OVER (UNDER) REVENUES  STANLYCOUNTY UTILITY641 REVENUES: Depart 3710- Grants Depart 3712- Operating Revenues EXPENSES: Depart7110- Administration Depart7120- Operations Depart 9800- Transfers  N/A $  3,425,694.00 1,336,028.32 3,425,694.00 1,336,028.32 410,641.00 3,015,053.00 1,029,383.63 3,425,694.00 1,201,544.82  2,089,665.68 39.00% 2,089,665.68 39.00% 237,519.81 42.16% 1,961,527.82 34.94% 2,199,047.63 35.81%  1,195,413.26 1,195,413.26 164,755.96 1,031,704.65 1,196,460.61 (1,047.35)  TOTALI REVENUES  172,161.19  N/A  TOTALE EXPENSES OVER (UNDER/REVENUES  134,483.50 $ (109,381.95) NIA  AIRPORT OPERATINGI FUND671 REVENUES: Depart 3453- Airport Operating Depart 3980- Transfer from General Fund EXPENSES: Depart 4530- Airport Operating  622,648.00 $ 172,071.88 $ 450,576.12 27.64% $ 185,728.41  259,347.00 881,995.00 881,995.00 881,995.00  64,836.75 236,908.63 314,952.97 314,952.97 (78,044.34) $  194,510.25 25.00% 645,086.37 26.86% 563,027.59 36.16% 563,027.59 36.16% 82,058.78 NIA  67,129.25 252,857.66 265,628.49 265,628.49 (12,770.83) 2,091,018.78 453,847.85 2,544,866.63 2,116,539.07 377,553.08 2,494,092.15  TOTALI REVENUES TOTALE EXPENSES OVER( (UNDER) REVENUES  GROUP! HEALTH&V WORKERS' COMPENSATIONI 680 REVENUES: Depart 3428- Group Health Fees Depart 3430- Workers Compensation EXPENSES: Depart 4200- Group Health Costs Depart4 4220- Workers Compensation  5,505,800.00 $ 2,158,008.91 $ 3,347,791.09 39.20%  466,943.00 5,972,743.00 2,567,543.13 466,943.00 5,972,743.00 2,942,698.09  409,534.22  57,408.78 87.71% 3,405,199.87 42.99% 44,250.79 90.52% 3,030,044.91 49.27%  TOTALI REVENUES  5,505,800.00 2,520,005.88 $ 2,985,794.12 45.77%  422,692.21  TOTAL EXPENSES OVER( (UNDER) REVENUES  (375,154.96) $ 375,154.96  NIA $ 50,774.48  Page 9    Stanly County Comparative Monthly Financial Report ProjectFunds Fort the Fivel Months Ended! November 30, 2016  PROJECT AMOUNT REMAINING  PROJECT AUTHORIZATION  PROJECT TODATE  Tarheel Challenge Academy 212 REVENUES: Depart 3590- Education EXPENSES: Depart 5910- Public Schools  3,092,000.00 $ 3,092,000.00 $ 3,092,000.00 3,092,000.00 3,092,000.00  TOTAL REVENUES TOTAL EXPENSES OVERAUNDERIREVANUES  3,092,000.00 3,007,060.23 3,007,060.23 84,939.77 $ (41,400.77). 601,357.60 8,639,118.97 8,640,665.98 8,640,665.98 (1,547.01) $ 1,547.01 56,678.83 2,288,678.83 2,193,933.70 56,678.83 2,250,612.53 38,066.30 $ (38,066.30)  41,400.77 41,400.77.  Emergency! Radio System Project2 213 REVENUES: Depart 3838- Loan Proceeds Depart 3980- TransferFrom GeneralF Fund EXPENSES: Depart4 4396- 911 Operations  8,037,762.00 $ 8,037,761.37 $ 605,000.00 8,642,762.00 8,642,762.00 8,642,762.00  0.63 3,642.40 3,643.03 2,096.02 2,096.02  TOTAL REVENUES TOTAL EXPENSES OVER (UNDER) REVENUES From General Fund TOTAL REVENUES Transfer to General Fund TOTAL EXPENSES OVER(UNDER)! REVENUES TOTALREVENUES TOTAL EXPENSES OWERCUNOERPREVENUES  Stanly Community College Cosemetology Project2 214 REVENUES: Depart 3590- Loan Proceeds EXPENSES:  2,232,000.00 $ 2,232,000.00 $ 2,232,000.00 2,232,000.00 2,232,000.00  (56,678.83) (56,678.83) 38,066.30 (56,678.83) (18,612.53).  Depart 5920- Stanly Community College  Livestock/ Arena Construction! Project215 REVENUES: Depart 3980- Transfer from Other Funds EXPENSES: Departe 6160- Agri-Civic Center  75,000.00 $ 46,940.00 $ 28,060.00  75,000.00 75,000.00 75,000.00  46,940.00 50,160.00 50,160.00 (3,220.00) $ 3,220.00  28,060.00 24,840.00 24,840.00  Museum Renovation Project Fund 216 REVENUES: Depart3 3611- Library Depart 3980- Transfert from Other Funds EXPENSES: Departe 6110- Library  70,000.00 $ 48,500.00 $ 21,500.00  130,000.00 200,000.00 200,000.00 200,000.00  130,000.00 151,500.00 163,815.00 163,815.00  TOTAL REVENUES TOTAL EXPENSES OVER(UNDER) REVENUES  48,500.00  48,500.00 $ (12,315.00)  Page 10    Stanly County Comparative Monthly! Financial Report ProjectFunds Fort thel FlveN Months Ended November: 30, 2016  PROJECT AMOUNT REMAINING  PROJECT AUTHORIZATION 170,000.00 170,000.00 170,000.00 170,000.00  PROJECT TODATE  COMMUNITY GRANT (Single Family 2014)240 REVENUES: Depart3 3493- Grant EXPENSES: Depart4 4930- CDBG- Single Family  115,524.00 $ 54,476.00 115,524.00 115,688.00 115,688.00 (164.00) $  TOTAL REVENUES TOTALI EXPENSES OVER(UNDER)! REVENUES  54,476.00 54,312.00 54,312.00 164.00 0.26 0.26 12,966.49 12,966.49 (12,966.23) (23.04) (23.04) 8,668.53 8,668.53  COMMUNITY GRANT (Single FamilyF Rehab 2011)254 REVENUES: Depart 3493- Grant EXPENSES: Depart4 4930- CDBG- Single Family  $ 240,786.00 $ 240,785.74 $ 240,786.00 240,786.00 240,786.00  TOTAL REVENUES TOTAL EXPENSES OVER (UNDER) REVENUES  240,785.74 227,819.51 227,819.51 12,966.23 243.04 75,243.04 66,551.47 66,551.47 8,691.57 $ (8,691.57)  COMMUNITY/GRANT (urgent RepairF Program) 255 REVENUES: Depart3 3493- Grant Depart 3831- Investmenl Eaming EXPENSES: Depart4 4930- CDBG- Single Family  $ 75,000.00 $ 75,000.00 220.00 75,220.00 75,220.00 75,220.00  TOTALI REVENUES TOTAL EXPENSES OVER (UNDER)F REVENUES  COMMUNITY GRANT (2012 CDBG Scattered Site): 257 REVENUES: Depart 3493- Grant EXPENSES: Oeparl4 4930- CDBG- Single Family  $ 225,000.00 $ 203,190.74 $ 21,809.26  TOTAL REVENUES TOTAL EXPENSES OVERUNDERIPEVENUES  225,000.00 225,000.00 225,000.00  203,190.74 203,216.74 203,216.74 (26.00) $  21,809.26 21,783.26 21,783.26 26.00  Page 11    Stanly County Comparative Monthly Flnancial Report ProjectFunds Fort the Five Months Ended November: 30, 2016  PROJECT AMOUNT REMAINING 25,169.00 725,769.00 388,423.45 337,345.55  PROJECT AUTHORIZATION  PROJECT TODATE  Badin Water Rehab PartA612 REVENUES: Depart3710- Water & Sewer Depart3 3980- Transfert from Greater Badin EXPENSES: Depart7 7120- Water Systems  2,832,600.00 $ 2,132,000.00 $ 700,600.00  25,169.00 2,857,769.00 2,857,769.00 2,857,769.00  TOTALI REVENUES TOTAL EXPENSES OVERJUNDERIREVENUES TOTAL REVENUES TOTAL EXPENSES OVER (UNDER) REVENUES TOTAL REVENUES TOTAL EXPENSES OVER( (UNDER)REVENUES TOTALREVENUES TOTAL EXPENSES OVER( (UNDER) REVENUES  2,132,000.00 2,469,345.55 $ 388,423.45 2,469,345.55 (337,345.55)  Badin Water Rehab PartB613 REVENUES: Depart3710- Water8 & Sewer EXPENSES: Depart7120- Water Systems  6,179,129.00 $ 1,912,201.00 s 4,266,928.00  6,179,129.00 6,179,129.00 6,179,129.00  1,912,201.00 4,266,928.00 2,035,211.28 $ 4,143,917.72 2,035,211.28 4,143,917.72 (123,010.28) $ 123,010.28  West Stanly WWTPI Rehab Project832 REVENUES: Depart3 3710- Water & Sewer EXPENSES: Depart7120- Water Systems  2,648,894.00 $ 2,648,894.00 2,648,894.00 2,648,894.00  2,648,894.00 2,648,894.00  28,117.19 $ 2,820,776.81 28,117.19 2,820,776.81 (28,117.19) $ 28,117.19  Airport Rdc Corridor Wastwater 642 REVENUES: Depart3 3710- Water & Sewer EXPENSES: Depart7120- Water Systems  1,121,043.00 s 1,121,043.00 1,121,043.00 1,121,043.00  $ 1,121,043.00 1,121,043.00 1,087,763.19  33,279.81 $ 1,087,763.19 33,279.81 (33,279.81) $ 33,279.81  Page 12    Stanly County Comparative Monthly Financial Report ProjectFunds Fort the Five Months Ended November: 30, 2016  PROJECT AMOUNT REMAINING 14,880.06 14,880.06 14,392.06_ 488.00 1,500,000.00 0.37 1,500,000.37  PROJECT AUTHORIZATION 70,977.00 70,977.00 70,977.00 70,977.00  PROJECT TODATE 56,096.94 56,096.94 56,584.94 $ 14,392.06 56,584.94 (488.00) $ 159,673.83 159,673.63 159,673.63 $ 1,500,000.37 159,873.63 1,500,000.37  Alonzo Road Meter Project644 REVENUES: Depart3980- TransfersF From Other Funds EXPENSES: Depart7 7120- Water Systems  TOTAL REVENUES TOTAL EXPENSES OVER( (UNDER) REVENUES  UTILTIY HWY: 2001 WATERI PROJECT856 REVENUES: Depar13720- Commerciall Loan Depari 3980- Transfers From Other Funds EXPENSES: Depart7 7120- Water Systems  1,500,000.00 $ 159,674.00 1,659,674.00 1,659,674.00 1,659,674.00  TOTALI REVENUES TOTAL EXPENSES OVER (UNDER) REVENUES  Cottonville Rdv Waterline Relocate 859 REVENUES: Depart3710- NCDOT Reimbursement EXPENSES: Depar17120- Water Systems  69,134.00 $ 69,134.00 69,134.00 69,134.00  69,134.00 69,134.00 6,252.00  TOTAL REVENUES TOTAL EXPENSES OVER( (UNDER) REVENUES  62,882.00 $ 6,252.00 62,882.00 (62,682.00) $ 62,882.00 13,333.66 $ 224,889.34 13,333.66 21,657.96 $ 243,036.04 21,657.96 (8,324.30) $ 8,324.30  Airport Taxilane Rehab Project673 REVENUES: Depart3 3453- Vision 100E Entilement Depar13 3980- Transfer From Other Funds EXPENSES: Deparl4 4530- Airpori Operating  $ 238,223.00 $ 26,471.00 264,694.00 264,694.00 264,694.00  26,471.00 251,360.34 243,036.04  TOTALF REVENUES TOTAL EXPENSES OVER (UNDER) REVENUES  Page 13    Stanly County Comparative Cash Position Report November 30, 2016 Compared with November 30, 2015  Current 11/30/2016 84,939.77 (1,547.01) 38,066.30 (3,220.00) 48,500.00 (164.00). 12,966.23 8,691.57 (26.00) (9,131.63) 88,827.54 247,700.92 (337,346.55) (123,010.28) 288,554.56 (32,806.72) (28,117.19) 1,443,233.64 (33,279.81) (488.00). (62,882.00) (43,413.30) (8,324.30) 3,111,458.94 3,168.20 3,369.68 473,810.02  Prior 11/30/2015 370,048.45 145,229.12 1,588,210.23 (23,420.00) (164.00). 12,966.23 8,675.01 (2,834.37) 4,163.48 7,788.07 76,887.80 256,065.12 951,562.09 (472.00) 259,721.64 (134,466.95) (11,140.00) 1,036,713.30 (6,504.20) 19,965.51 (3,908.08) 3,674,347.74 2,976.00 1,560.51 256,578.28  Increase (Decrease) (285,108.68) (146,776.13) (1,550,143.93) 20,200.00 48,500.00 16.56 2,808.37 (4,163.48) (16,919.70) 11,939.74 (8,364.20) (1,288,908.64) (122,538.28) 28,832.92 101,660.23 406,520.34 (33,279.81) (488.00) (56,377.80) (63,378.81) (8,324.30) 3,908.08 (562,888.80) 192.20 1,809.17 217,231.74  110 General Fund 212 Tarheel Challenge Academy 213 Emergency Radio System Project 214 SCC Cosmetology Project 215 Livestock 216 Museum Renovation! Project Fund 240 Community Grant (CDBG). Single Family Rehab: 2014 254 Community Grant (CDBG) Single Family Rehab: 2011 255 Community Grant (CDBG).2 2011 Urgent Repair 257 Community Grant (CDBG): 2012 CDBG Scattered Site 259 Community Grant (CDBG) 2014 Urgent Repair Grant 260 Emergency Telephone E-911 295 Fire Districts 611 Greater Badin Operating 612 Badin Water Rehab Part/ A 613 Badin Water Rehab Part B 621 Piney Point Operating 631 West Stanly WWWTP 632 Cottonville Rd Waterline Relocat 641 Utility Operating 642 Utility- Airport Rd Corridor Wastewater 644 Utility- Alonzo Rod Meter Project 659 Utility- Cottonville Rd Waterline Relocat 671 Airport Operating 673 Airport Taxilane Rehab Project 676 Airport Runway Extn 680 Group Health Fund 730 Deed of Trust Fund 740 Sheriff Court Executions 760 City and Towns Property Tax  $ 27,343,120.42 $25,130,387.78 $ 2,212,732.64  32,512,651.00 $33,620,936.76 $(1,091,308.57)  General Fund Cash Position  $28,000,000 $27,000,000 $26,000,000 $25,000,000 $24,000,000 $23,000,000 $22,000,000 $21,000,000  $27,343,120  $25,130,388  $24,767,254  $24.286,431  $23,717,864  2012  2013  2014  2015  2016  Page 14    Stanly County Investment Report Fort the Fivel Months Ended November 30, 2016 Balance perE Bank % at11/30/16 ofinvestment Date 1,571,425.28 4.82% 4,322.65 0.01% 12,174.88 0.04% 5,530,697.57 16.95% 964.63 0.00% 44,397.23 0.14% 2,421,820.68 7.42% 4,002,216.49 12.27% 7,032,422.48 21.56% $ 32,623,178.54 Uwharrie Bank Central. Depository,4.82%  BANK:  Purchase Maturity % Time of Certificate  Date Yield ofDeposit 0.37% N/A NIA 0.27% 0.38% 0.28% 0.31% 0.67% 0.40%  Uwharrie Bank Central Depository Uwharrie Bank Workers Compensation Uwharrie Bank Protective Payee Uwharrie Bank Money Market Uwharrie Bank Greater Badin Uwharrie Bank SCC Cosmetology NCCMT NCCMT Term Portfolio Bank of North Carolina Money Market Bank of North Carolina Certificate of Deposit Bank of North Carolina Certificate of Deposit #2 First Bank Certificate of Deposit Totals  4,849,087.70 14.86% 9/15/2016 3/15/2017 0.58% 182 Days 3,138,589.20 9.62% 10/10/2016 4/10/2017 0.58% 182 Days 4,015,059.75 12.31% 10/1/2016 4/1/2017 0.50% 182Days  Uwharrie Bank Workers Compensation, 0.01%  Uwharrie Bank Protective Payee,0.04% Uwharrie Bank Greater Badin, 0.00% Uwharrie Bank SCC Cosmetology,0.14%  First Bank Certificate of Deposit, 12.31%  WwhardeBankMoney, Market,16.95%.  Bank of North Carolina Certificate of Deposit #2, 9.62%  NCCMT,7.42%  Bank of North Carolina Certificate of Deposit, 14.86%  NCCMTTerm Portfolio, 12.27%  Bank of North Carolina Money Market, 21.56%  Page 15    Stanly County Fund Balance Calculation As ofNovmeber 30, 2016  Available Fund Balance  Cash & Investments Liabilities (w/out deferred revenue) Deferred Revenue (from cash receipts) Encumbrances Due to Other Governments Total Available Totai Expenditures Total Available Total Expenditures Available for Appropriation  $27,347,379 1,518,064 60,969 1,362,824 27,178 24,378,345 61,779,301 24,378,345 61,779,301 39.46%  General Fund Expenditures Total Available for Appropriation  $ $  Page 16    Revised 07/07/2003  5E  AMENDMENT NO: 2017-26  STANLY COUNTY-BUDGET AMENDMENT  BE IT ORDAINED by the Stanly County Board of Commissioners that the following amendment be made  to the annual budget ordinance for thet fiscal year ending June 30, 2017: To amend the General Fund 110, the expenditures are to be changed as follows:  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED 1,500 $ 2,373 $  FUND/DEPART ACCOUNT NUMBER 110.4310.4314  ACCOUNT DESCRIPTION  AS 3,873  NUMBER  353.000 Repair & Maint Vehicles $  TOTALS  $  1,500 $  2,373 $  3,873  This budget amendment is justified as follows:  To amend the budget for the Sheriffs Office withi insurance settlement funds to repair a vehicle that was involved in This will result in a net increase $ 2,373 ine expenditures and other financial use to the County's annual budget. To provide the additional revenue for the above, the following revenues willl be increased. These revenues have already been received or are verified they will be received in this fiscal year.  an accident.  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $ 101,964 $  FUND/DEPART ACCOUNT NUMBER 110.3839  ACCOUNT DESCRIPTION  AS  NUMBER  580.10 Insurance Settlements  2,373 $ 104,337  TOTALS  $ 101,964 $ 2,373 $ 104,337  SECTION:2. Copies oft this amendment shall be furnished tot the Clerk of the Board of Commissioners,  Budget Officer, and tot the Finance Director.  Adopted this_  day of  20  Verifieg by the Clerk of the Board_ R  Rhelis Date 1a-26-16 Date Date  Posted by Journal No. Date  Reviewed by County Manager  12/22/2016 12:43 PM  BA2017-26    Revised 07/07/2003  5F  AMENDMENT NO: 2017-27  STANLY COUNTY-BUDGET AMENDMENT  BE IT ORDAINED by the Stanly County Board of Commissioners that the following amendment be made  tot the annual budget ordinance for thet fiscal year ending June 30, 2017: To amend the General Fund 110, the expenditures are to be changed as follows:  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $ 7,436 $ 35,000 $ 42,436  FUND/DEPART ACCOUNT NUMBER 110.4330.4370  ACCOUNT DESCRIPTION  AS  NUMBER  261.000 Departmental Supplies  TOTALS  $  7,436 $ 35,000 $ 42,436  This budget amendment is justified as follows:  To amend the budget for EMS with a grant from The Cannon Foundation to purchase body armor for EMS This willr result in ar net increase $ 35,000 ine expenditures and other financial use tot the County's annual budget. To provide the additional revenue for the above, the following revenues will be increased. These revenues have already been received or are verified they will be received in this fiscal year..  personnel.  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED  FUND/DEPART ACCOUNT NUMBER 110.3437  ACCOUNT DESCRIPTION  AS  NUMBER  840.13 Cannon Foundation Grant $  $ 35,000 $ 35,000  TOTALS  $  35,000 $ 35,000  SECTION:2. Copies oft this amendment shall bei furnished to the Clerk oft the Board of Commissioners,  Budget Officer, and to the Finance Director.  Adopted this_  day of  20  Verified by the Clerk of the Board H  rks/y Date 10-28- Date Date  Posted by Journal No. Date  Director  Reviewed by County Manager  12/27/2016 12:20 PM:  BA2017-27    Stanly County Board of Commissioners  STANLY)COUNTY Meeting Date: January 3, 2017  Presenter: Donna Davis  Wter AA4 lenls Secet.  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD Document Camera** Laptop*** *PCise equipped with' Windows XP: and Microsoft Office XP (including Word, Excel, and PowerPoint), Internet connectivity and! Network connectivity ** Ifyoul have need to use the Document Camera andz zoom into a particular area, ifp possible please attach ac copy of the document with the area indicated  Please Provide a BriefI Description ofyour Presentations format:_ that you need. toz zoom into. AI laser lighti is available to pinpoint your: area of projection. *** You can bring ina a laptop that will allow video out tol be connected: at thel lectern- set display to6 60Mhz.  for County Employees.  ITEMT TO BE CONSIDERED  Greater Badin Water & Sewer District ("GBWSD")  AGBWSD waterline crosses a 1.060 acre piece of property located on NC-740-Albemarle Road in Badin beside (to the northeast of) the Badin Volunteer Fire Department. Said property is currently owned by Venture Properties VII, LLC and was formerly owned by Badin Business Park, LLCand ALCOA, Inc. Said waterline has been in place since approximately 1981 or before, and no recorded easement for this particular waterline has been found. Venture Properties VII, LLC has approved and executed the attached Deed of Easement in order to formalize their and GBWSD's rights and obligations associated with the 2,583.79 square feet easement. A map/survey  showing the location of the waterline is attached.  Review and consider approving the easement.  Signature: Date: 12-22-16  Dept. Attachments:  Yes X Certification of Action Certified to be a true copy oft the action taken by the Stanly County Board of Commissioners on  No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    Prepared by: JENNIFER R. FURR, 10001 N. IstS St., Suite 10, Albemarle, NC 28001  Mail after recording to: Jennifer R. Furr at above address  NORTH CAROLINA, STANLY COUNTY.  THIS DEED OF EASEMENT made and entered into this the  day of  201, by and between VENTURE PROPERTIES VII, LLC of Wilkes County, North Carolina, Party of the First Part, and GREATER BADIN WATER AND SEWER DISTRICT, aj public body duly organized and existing under Article 6 of Chapter 162A oft the North Carolina  General Statutes, of Stanly County, North Carolina, Party of the Second Part;  WITNESSETH  That for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration paid by the Party of the Second Part to the Party of the First Part, the receipt of which is hereby acknowledged, the Party of the First Part has granted and set over, and by these presents does hereby grant and set over, unto the Party of the Second Part, its successors and assigns, a perpetual and assignable easement and right of way for the location, construction, operation, maintenance, alteration, repair and patrol of underground water line and appurtenances thereto; together with the right to trim, cut, fell and remove therefrom all trees,    structures, or obstacles within the limits of the rights of way; reserving, however, to the land owners, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easements hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines and rights of way, in, on, over and across aj parcel of land lying and being in Badin Township, Stanly County North Carolina, recorded in Deed Book 1590 at Page 42, Stanly County. Registry; and said perpetual easement and right of way having a width of twenty (20) feet, containing 2,583.79 square feet, more or less, and the centerline ofs said easement being the centerline oft the waterline crossing the western corner of the aforesaid parcel, and being more particularly described as  follows:  See attacheds surveyfor legal description.  TOHAVE. AND TO. HOLD, said easements unto the Partyofthe Second Part, its suçcessors and assigns, subject to the terms and provisions hereinabove set forth.  AND the Party oft the First Part, for itself, its heirs, successors and assigns, hereby warrants and covenants that it is the sole owner of the property hereinbefore described as the perpetual right of way and easement; that it has the right to grant thej perpetual right of way and easement; that the said premises are free from encumbrances, except for encumbrances ofr record; and that it will forever warrant and defend the title to the same against the lawful claims ofa all  persons whomsoever.  AND the Party oft the First Part, hereby agrees not to construct any new house, structure, or building on or over said right of way and easement; however, thel Party of the First Part, upon written approval oft the Party of the Second Part, may construct a new driveway, parking lot, and/or sidewalk upon, over, and across said right of fway, such approval shall not be    unreasonably withheld, conditioned, or delayed. Any driveways, parking lots, and/or sidewalks existing as of the date of this Deed ofl Easement may remain on, over, or across the easement indefinitely; provided, however, the maintenance, operation, repair, or use ofsuch pre-existing improvements shall not unreasonably interfere with the rights granted to the Party of the Second  Part herein.  AND the Party of the Second Part, hereby agrees toj perform any maintenance, alteration, repair, and patrol oft the waterline located in the easement area in an expeditious, good, and workmanlike manner in accordance with all applicable laws, codes, rules, statutes and regulations of governmental authorities havingjurisdiction thereof. When reasonably practicable, Party of the Second Part shall perform work in such manner sO as to cause the least amount of disruption to any business operations being conducted on the aforementioned parcel. For any and all work done on waterline by Party of the Second Part, Party oft the Second Part shall return area to the condition it was found before any such work took place, as is reasonably  practical.  AND the Party oft the Second Part, for itself, its successors and assigns, and its officers, directors, and employees shall indemnify, hold harmless, and defend the Party of thel First Part, its successors and assigns, and its officers, directors, and employees, from and against any and all losses, claims, demands, suits, causes of action, and damages, including reasonable attorneys' fees, caused by the Party of the Second Part's construction, maintenance, operation, or repair of its waterline located within the easement, except to the extent that said loss, claim, demand, suit, cause of action or damage results from the negligent act or omission or willful misconduct of the Party of thel First Part, its successors, assigns, officers, directors, employees, agents,  representatives, or invitees.    IN WITNESS WHEREOF, the Party of the First Part has hereunto caused this easement to be signed in its name by its Manager and its seal to be hereunto affixed, by order ofi its Board  ofDirectors, the day and year first above written.  VENTURE, By: Manager    ADS  GREATER BADIN WATER AND SEWER DISTRICT  By: Chairman  ATTEST: Clerk  STATE OF NORTH CAROLINA,  ilkes  COUNTY.  SdbSather, a Notary Public for said County and State, do hereby acknowledged (s) he is Manager of Venture Properties VII, LLC, a North Carolina Limited Liability Company, and that by authority duly given and as the act of the corporation, the foregoing Deed ofEasement was signed in its name by him/her as its Manager.  certify that MacHADKOOA  personally appeared before me this day and  WITNESS my hand and official stamp or seal, this 20"ayo of December,2016  Belocther  Notary Bur  My commission expires: 03-08-20x0. fant F B  Notary Public Wlkes Counly My Commission Expires 03/08/2020 SOR  STATE OF NORTH CAROLINA, STANLY COUNTY.    1, certify that  a Notary Public for said County and State, do hereby  personally appeared before me this day and  acknowledged that she is the Clerk to the Greater Badin Water and Sewer District, and that by authority duly'given and as the act of the Board, the foregoing Deed of Easement was signed in its name by its Chairman, sealed with its corporate seal, and attested by herself as Clerk.  WITNESS my hand and official stamp or seal, this  day of  201_.  Notary Public  My commission expires:        Stanly County Board of Commissioners  STANL) COUNTY Meeting Date: January 3, 2017  Presenter: Donna Davis  Waln An lars Saccet.  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD Document Camera** Laptop*** *PCise equipped with' Windows XPa and Microsoft Office XP (including' Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ifyou have need to use the Document Camera and zoom into a particular area, if possible please attach a copy of the document with the areai indicated  Please Provide a Brief Description of your Presentations format: that your need toz zoom into. AI laser lighti isa available to pinpoint your area ofp projection. *** You can bringi ina a laptop that will allow video out to be connected at the lectern - set display to6 60Mhz.  for County Employees.  ITEM TOBE CONSIDERED  Greater Badin Water & Sewer District ("GBWSD")  The United State Department of Agriculture (USDA) now requires that a Language Access Plan be in place for all entities receiving USDA funding funds. The Greater Badin Water and Sewer District is a recipient of these funds. As a result the District is submitting for review and requesting approval of a Greater Badin Water & Sewer District Language Access Plan for compliance with Title VI oft the Civil Rights Act of 1964 and other applicable federal and state laws with respect to people with Limitied English Proficiency (LEP). This document is consistent with the Stanly County Language Access Plan of approved by the by the Board of Commissioners on  September 4, ,2012.  1) Consider approval of Greater Badin Water & Sewer District Language. Access Plan  Signature: Date: 12-22-16  Dept. Attachments:  Yes X Certification of Action Certified to bea at true copy oft the action taken by the Stanly County Board of Commissioners on  No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk tot the Board  Date    Language Access Plan  Greater Badin Water & Sewer District Stanly County, North Carolina  The purpose of this Policy and Plan is to ensure compliance with Title VI ofthe Civil Rights Act of 1964, and other applicable federal and state laws and theiri implementing regulations with respect to persons with limited English proficiency (LEP). Title VIof the Civil Rights Act of 1964 prohibits discrimination based on the ground ofrace, color or national origin by any entity receiving federal financial assistance. Administrative methods or procedures, which have the effect of subjecting individuals to discrimination In order to avoid discrimination on the grounds of national origin, all programs or activities administered by the Greater Badin Water and Sewer District (local unit of government) must take adequate steps to ensure that their policies and procedures do not deny or have the effect of denying LEP individuals with equal access to benefits and services for which such persons qualify. This Policy defines the responsibilities the agency has to ensure. LEP individuals can communicate effectively.  or defeating the objectives of these regulations, are prohibited.  This policy and plan is effective. January 3, 2017.  I.  Scope of Policy  These requirements will apply to the Greater Badin Water and Sewer District (herein referred to as "the agency".including: subcontractors, vendors, and subrecipients. The agency will ensure that LEP individuals are provided meaningful access to benefits and services provided through contractors or service providers receiving subgrants from  the agency. II. Definitions  A. Limited English Proficient (LEP) individual - Any prospective, potential, or actual recipient of benefits or services from the agency who cannot speak, read, write or understand the English language at a level that permits them to interact effectively with health care providers and social service agencies. B. Vital Documents - These forms include, but are not limited to, applications, consent forms, all compliance plans, bid documents, fair housing information, citizen participation plans, letters containing important information regarding participation in a program; notices pertaining to the reduction, denial, or termination of services or benefits, the right to appeal such actions, or that require    ar response from beneficiary notices advising LEP persons oft the availability of  free language assistance, and other outreach materials.  C. Title VI Compliance Officer: The person or persons responsible for compliance D. Substantial number ofLEP: 5% or 1,000 people, whichever is smaller, are potential applicants or recipients oft the agency and speak a primary language  with the Title VILEP policies.  other than English and have limited English proficiency.  III. Providing Notice to LEP Individuals  A. The agency will take appropriate steps to inform all applicants, recipients, community organizations, and other interested persons, including those whose primary language is other than English, oft the provisions of this policy. Such notification will also identify the name, office telephone number, and office List the current name, office telephone number and office address of the Title VI  address oft the Title VI compliance officer(s).  compliance officers: Stanly County Utilities Donna Davis 1000N N 1st Street Suite 12 Albemarle, NC 28001 (704).986-3686  B. The agency will post and maintain signs in regularly encountered languages other than English in waiting rooms, reception areas and other initial points of contact. These signs will inform applicants and beneficiaries oft their right to free language assistance services and invite them to identify themselves as persons needing such Identify areas within the agency where these signs will be posted:  services.  Stanly County Utilities Lobby Bulletin Board  C. The agency will include statements oft the right to free language assistance in Spanish and other significant languages in all outreach material that is routinely  disseminated to the public (including electronic text).  2    D. The agency will also disseminate information in the following manner:  Posted on website  IV. Provision of Services to LEP Applicants/Recipients  A. Assessing Linguistic Needs of Potential Applicants andl Recipients  1. The agency will assess the language needs oft the population to be served,  by identifying: a. b. C. d. 2.  the language needs of each LEP applicant/recipient the points of contact where language assistance is needed; and the resources needed to provide effective language assistance, including location, availability and arrangements necessary for  timely use. Other (describe):  Determining the Language Needs oft the Population to be Served The agency is responsible for assessing the needs of the population to be served. Such assessment will include, but not be limited to the following: The non-English languages that are likely to be encountered in its An estimate oft the number of people in the community for whom English is not thej primary language used for communication will be completed and updated annually. To identify the languages and number ofLEP individuals local entities should review:  a. b.  program will bei identified.  i. ii. V.  census data school system data data from client files vi. Other (specifv):  iii. reports from federal, state, and local governments iv. community agencies' information, and  C.  The points of contact in the program or activity where language assistance is likely to be needed will be identified.  3.  Determining the Language Needs of Each ApplicanvRecipient  3    The agency will determine the language needs of each applicant/recipient. Such assessment will include, but not be limited to the following:  a.  At the first point of contact, each applicant/recipient will be assessed to determine the individual's primary language.  Check all methods that will be used:  multi-language identification cards, aj poster-size language list, or the use of"Ispeak" peel-off language identification cards fori indicating preferred languages English proficiency assessment tools, provided they can be administered in a manner that is sensitive to and respectful  ofindividual dignity and privacy Other (describe):  b.  Ifthe LEP person does not speak or read any of these languages, the agency will use at telephone interpreting service toi identify the Staff will not solely rely on their own assessment of the applicant orr recipient's English proficiency in determining the need for an interpreter. Ifan individual requests an interpreter, an interpreter will be provided free of charge. A declaration oft the client will be When staff place or receive a telephone call and cannot determine what language the other person on the line is speaking, a telephone interpreting service will be utilized in making the determination. Ifany applicant/recipient is assessed as LEP, they will be informed ofinterpreter availability and theirr right to have a language interpreter at no cost to them with a notice in writing in the languages identified in Section C. Provisions of Written  client's primary language.  C.  used to establish the client's primary language.  d.  e.  Translations.  B. Provision ofBilingualIntepretive Services  1. The agency will ensure that effective blingual/nterpretive services are provided to serve the needs oft the non-English speaking population. The provision ofbilingualintepretive services will be prompt without  4    undue delays. In most circumstances, this requires language services tol be This requirement will be met by utilizing the services oft two Spanish speaking interpreters employed in our Social Services Department to meet  available during all operating hours.  the needs of customers.  2. The agency will provide language assistance at all level ofinteraction with  LEP individuals, including telephone interactions.  Stanly County also has a standing agreement with Fluent Language Solutions for pay-as-you-go" telephone interpreter services in the event that our interpreters aren'tavailable or for other languages required by our  customers. Interpreter Standards  3.  a.  Those providing bilingual'interpretive services will meet the linguistic and cultural competency standards set forth below. The agency will ensure that interpreters and self-identified bilingual staff, have first been screened to ensure that the following standards are met before being used for interpreter services:  i.  Can fluently and effectively communicate in both English and the primary language of the LEP individual ii. Can accurately and impartially interpret to and from such iii. Has a basic knowledge of specialized terms and concepts used frequently in the provision oft the agency'ss services Understands the obligation to maintain confidently vi. Understands the roles ofi interpreters and the ethics associated with being an interpreter  languages and English  iv. Demonstrates cultural competency  V.  Stanly County Utilities will ensure the competency ofbilingual staffa and interpreters on review ofthis plan and as needed according to the standards list above. The language access compliance officer responsible for this plan will also conduct the  review ofbilingual staff competency.  b.  When staffr members have reason to believe that an interpreter is not qualified or properly trained tos serve as an interpreter, the staff  member will request another interpreter.  5    4.  Using Family Members or Friends as Interpreters  a.  Appicants/recipients may provide their own interpreter; however  the agency will not require them to do: SO.  b. The agency will first inform an LEP person, in the primary  language of the LEP person, oft the right to free interpreter services and the potential problems for ineffective communication. Ifthe LEP person declines such services and requests the use of a family member or friend, the agency may utilize the family member or friend to interpret only ift the use ofs such person would not compromise the effectiveness or services or violate the LEP person's confidentiality. The agency will monitor these interactions and again offer interpreter services, ifit appears there The agency will indicate in the LEP individual's file that an offer ofinterpreter services was made and rejected; that the individual was informed of potential problems associated with using friends or family members and the name of the person serving as an interpreter at the LEP individual'si I request. Only under extenuating circumstances shall the agency allowa minor (under the age of 18 years) to temporarily act as an interpreter. The agency will keep a written record of when it has used a minor as an interpreter, and this information will be shared  are problems with this arrangement.  C.  d.  with the DCA upon request.  5. The agency will not require the applicant/recipient to pay for  bilingual/interpretive services.  C. Provision of Written Translations  1.  The agency must provide written materials in languages other than English where a substantial number or percentage ofthe population eligible to be served or likely to be directly affected by the program needs servicesor information in a language other than English to communicate effectively.  2. Translation of Vital Documents  a. b.  The agency will ensure that vital documents for locally designed When USDA forms and other written material contain spaces in which the local entity is to insert information, this inserted  programs are translated into Spanish.  6    information will also be in the individual's primary language. When such forms are completed by applicants/recipients in their primary language, the information must be accepted. If, as a result of the local language assessment, it appears there are as substantial number of potential applicants or recipients oft the agency (defined as 5% or 1,000 people whichever is less) who are LEP and speak a language other than Spanish, the agency will translate and provide vital documents in the appropriate language. d. The agency will keep a record of all vital documents translated, and will submit this information to USDA at their request.  C.  3. Ifthe primary language of an LEP applicant or recipient is a language other than Spanish AND the language does not meet the threshold for translation as defined in the preceding paragraph, the LEP individual will be informed in their own language of the right to oral translation of written notices. The notification will include, in the primary Ianguage oft the applicant/recipient, the following language: IMPORTANT: IF YOU NEED HELP IN READING THIS, ASK THE AGENCY FOR. AN INTERPRETER TOHELP. AN INTERPRETER IS AVAILABLE FREE  OF CHARGE.  D. Documentation of Applicant/Recipient Case Records  1. The agency will maintain case record documentation in sufficient detail to permit a reviewer to determine the agency's compliance with this policy. The agency will ensure that case record documentation, including computerized records ifa appropriate, identifies the applicants/recipient's ethnic origin and primary language. In those cases where the applicant/recipient is non-English speaking, the agency will:  2.  a. b.  Document the individual's: acceptance or refusal of forms or other written materials offered ini the individual's primary language. Document the method used toj provide bilingual services, e.g., assigned worker is bilingual, other bilingual employee acted as interpreter, volunteer interpreter was used, or client provided interpreter. When a minor is used as interpreter, the agency will document the circumstances requiring temporary use ofar minor and will provide this information to USDA upon request. Consent for the release ofinformation will be obtained from applicants/recipients when individuals other than agency employees are used as interpreters and the case record will be sO documented.  3.  7    E. StaffDevelopment and Training  1.  The agency will provide stafftr training at new employee orientation and continuing training programs. The training will include, but not be limited a. Language assistance policies and procedures, resources available to support such procedures, methods of effective use ofinterpreters, and familiarization with the discrimination complaint process. b. Cultural awareness information, including specific cultural characteristics of the groups served by the agency toj provide a better understanding of, and sensitivity to, the various cultural groups to The agency will provide or ensure training is provided for bilingual staff and interpreters employed or utilized by the agency. This includes the ethics ofi interpreting, including confidentiality; methods ofinterpreting; orientation to the organization; specialized terminology used by the The agency will ensure that applicable grantees, contractors, cooperative agreement recipients and other entities receiving state or federal dollars Training information will be provided in written form to all applicable grantees, contractors, cooperative agreement recipients and other entities The agency will collect and maintain the following information about training provided to staff: the date(s) ofs such training, the content ofs such training, the number and types of credit hours awarded; and the names and identifying information ofe each attendee at the training. The agency will ensure that grantees, contractors, cooperative agreement recipients and other applicable funded entities collect and maintain such information as  to:  ensure equal delivery of services.  2.  agency; and cultural competency.  3.  are trained in the requirements oft this policy.  receiving state or federal dollars.  4.  well.  V. Compliance Procedures, Reporting and Monitoring  A.  Reporting  8    1. The agency will complete an annual compliance report and send this  report to USDA.  B. Monitoring  1. The agency will cooperate, when requested, with special review by the  USDA  VI. Applicanukecipient Complaints of] Discriminatory Treatment  A. Complaints  1. The agency will provide assistance to LEP individuals who do not speak or write inl English if they indicate that they would like to file a complaint. A complaint will be filed in writing, contain the name and address oft the person filing it or his/her designee and briefly describe the alleged The agency will maintain records ofa any complaints filed, the date of The agency will notify the appropriate agency or USDAofcomplaints filed the date of filing, actions taken and resolution. This information will  violation of this policy.  2. 3.  filing, actions taken and resolution.  bej provided within 30 days of resolution.  B.  Investigation  1. The USDA Compliance Office will conduct an investigation ofthe allegations oft the complaint. The investigation will afford all interested persons and their representatives, ifa any, an opportunity to submit  evidence relevant to the complaint.  C.  Resolution of Matters  1. Ifthei investigation indicates a failure to comply with the Act, the local unit of government, agency Director or his/her designee will SO inform the recipient and the matter will be resolved by informal means whenever  possible within 60 days.  2. Ift the matter cannot be resolved by informal means, then the individual will be informed ofhis or her right to appeal further to the Department of Justice. This notice will be provided in the primary language oft the  individual with Limited English Proficiency.  SUBMITTED AND APPROVED BY:  9    Name of Chairman of Board ofDirectors Greater Badin Water & Sewer District  Signature of Chairman of Board  January 3,2017 Date  10